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2 results

  • 9 - Detention Not Arbitrary

  • from Part III. - Case Jurisprudence
  • Jared Genser
  • Book:
    The UN Working Group on Arbitrary Detention
    Published online:
    20 September 2019
    Print publication:
    26 September 2019, pp 443-454

  • Summary

    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