from Part III. - Case Jurisprudence
Published online by Cambridge University Press: 20 September 2019
This chapter examines cases where the WGAD has declined to find the deprivation of liberty of a detainee arbitrary, either by rejecting the source’s allegations on the merits, noting that the application failed to comply with the procedures explained in its Methods of Work, or for other reasons. Under its Methods of Work, the WGAD makes a case-specific determination of the arbitrariness of any detention.1 They present the WGAD with the following options, outside of finding the detention arbitrary as alleged: file the case without an opinion on the nature of detention in cases where a detainee has been released; classify the case as pending until further information is produced; or refer the matter to a more appropriate rapporteur, independent expert, or working group.2
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