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Summary: References to child rights in the report by the working group on arbitary Detention.
Summary: During 2009, the Working Group on Arbitrary Detention visited Malta and Senegal at the invitation of the Governments. The reports on these visits are contained in addenda to the present document (A/HRC/13/30/Add.2 and 3). During the period 1 December 2008 to 30 November 2009, the Working Group adopted 29 Opinions concerning 71 persons in 23 States. These Opinions are contained in the first addendum to the present document (A/HRC/13/30/Add.1). Also during this period, the Group transmitted a total of 138 urgent appeals to 58 States concerning 844 individuals, including 50 women and 29 boys. The States informed the Working Group that they had taken measures to remedy the situation of the detainees: in some cases, the detainees were released; in other cases, the Working Group was assured that the detainees concerned would be guaranteed a fair trial. Communications giving rise to urgent appeals: 25. During the period from 1 December 2008 to 15 November 2009, the Working Group transmitted 138 urgent appeals to 58 States (including the Palestinian National Authority) concerning 844 individuals (765 men, 50 women and 29 boys). In conformity with paragraphs 22 to 24 of its methods of work,13 the Working Group, without prejudging whether the detention was arbitrary, drew the attention of each of the States concerned to the specific case as reported, and appealed to them to take the necessary measures to ensure that the detained persons’ right to life and to physical integrity were respected. (b) Equatorial Guinea 43. In a communication dated 29 October 2009, the Government reported on the implementation of the recommendations of the Working Group in the report on its mission of 8 to 13 July 2007.17 It noted that, in order to protect freedom of opinion and expression,the registration of political parties, non-governmental organizations and other civil society organizations had been facilitated and the corresponding legal procedures simplified. A new Organic Law on the Judiciary was adopted by parliament in May 2009 to protect and improve its independence and to allow for the development of academic and professional competencies and skills to gain access to and obtain promotions within the judiciary. The Superior Council of the Judiciary had been strengthened. The Organic Law also established the institution of the “Judge on Execution of Sentences” to improve prison conditions and the legal situation of prisoners. A new Penal Code had been drafted, in conformity with the principles and norms enshrined in the Fundamental Law (Constitution). The Government had also decided to amend the Penal Procedure Code, the Military Penal Code and the Minors Act and to draft a new Law on the Constitutional Court. The publication of laws and decrees in the Official State Bulletin had been strengthened through the allocation of new national budget resources. III. Thematic considerations A. Detention of immigrants in an irregular situation 56. The Working Group has also publicly expressed its concern regarding a law-making initiative by a regional organization mainly comprising receiving countries, which would allow concerned States to detain immigrants in an irregular situation for a period of up to 18 months pending removal. It would also permit the detention of unaccompanied children, victims of human trafficking, and other vulnerable groups. 60. The detention of minors, particularly of unaccompanied minors, requires even further justification. Given the availability of alternatives to detention, it is difficult to conceive of a situation in which the detention of an unaccompanied minor would comply with the requirements stipulated in article 37 (b), clause 2, of the Convention on the Rights of the Child, according to which detention can be used only as a measure of last resort. For further information, visit the 13th session reports of the HRC here