About the UN Working Group on Arbitrary Detention

Established by Resolution 1991/42 of the former United Nations Commission on Human Rights, its role is largely advisory.

The United Nations Working Group on Arbitrary Detention on April 27, 2015, issued a statement on the arrest and detention in Yaounde of Cameroonian-born lawyer, Lydienne Yen-Eyoum.

According to this largely advisory body of the United Nations’ human rights protection mechanism, Eyoum’s arrest and detention in 2010, accused of embezzling over FCFA 2 billion in a law suit that involved the local subsidiary of French bank, Société Generale (SogGen), was arbitrary.

The Working Group questioned the long period of detention of the barrister before her conviction and sentencing to 25 years in prison by the Special Criminal Court, SCC in 2014. Her appeal to the Supreme Court did not change the verdict as the court on Tuesday, June 9, 2015, confirmed the ruling of the SCC.

Functions Of The UN Group

The Working Group on Arbitrary Detention was established by Resolution 1991/42 of the former Commission on Human Rights. Its mandate was clarified and extended by the Commission’s Resolution 1997/50.

The mandate was extended for a further three-year period by Resolution 24/7 of 26 September 2013. Its functions include investigating cases of deprivation of liberty imposed arbitrarily or otherwise inconsistently with the relevant international standards set forth in the Universal Declaration of Human Rights or in the relevant international legal instruments accepted by the States concerned. It seeks and receives information from governments and intergovernmental and non-governmental organizations or individuals, their families or their representatives.

The group is mandated to act on information submitted to it regarding alleged cases of arbitrary detention by sending urgent appeals and communications to concerned governments to clarify and to bring to their attention these cases.

Similarly, it is authorised to conduct field missions upon the invitation of governments in order to understand better the situations prevailing in these countries as well as the underlying reasons for instances of arbitrary deprivation of liberty.

Members also formulate deliberations on issues of general nature in order to assist States to prevent and guard against the practice of arbitrary deprivation of liberty and to facilitate consideration of future cases. On the other hand, the UN Working Group presents an annual report to the Human Rights Council on its activities, findings, conclusions and recommendations.

Furthermore, the Human Rights Council encourages the Working Group in fulfilling its mandate such as working in cooperation and dialogue with all those concerned by the cases submitted to it, and in particular with States that provide information which should be given due consideration.

The United Nations Working Group on Arbitrary Detention works in coordination with other mechanisms of the Human Rights Council, other competent United Nations bodies and with treaty bodies, bearing in mind the role of the Office of the United Nations High Commissioner for Human Rights.

This role is to coordinate and take all necessary measures to avoid duplication with those mechanisms, in particular regarding the treatment of the communications it receives and field missions. Finally, the group is expected to carry out its task with discretion, objectivity and independence.