II. Activities of the Working Group in 2013

D. Prevention of imminent arbitrary deprivation of liberty

62. Under the Working Group’s current methods of work, there is no mechanism addressing situations where there is sufficiently reliable information that the execution of an order of arrest will result in arbitrary depravation of liberty. In effect, the Working Group currently has to wait until the arrest warrant is executed and the person is arbitrarily detained.

63. A mechanism might be applicable in situations when an individual is to be arrested solely because he or she has exercised the fundamental rights or freedoms guaranteed by international human rights law. Similarly, it could apply in situations where an imminent arrest would constitute a violation of international law prohibiting discrimination based on national or ethnic origin, religion, political or other opinion, gender, sexual orientation or other status, and which might result in the equality of human rights being ignored.

64. If such a preventive mechanism was available to the Working Group, then section V of its methods of work (urgent action procedure) would apply mutatis mutandis to the consideration of communications on imminent arbitrary deprivation of liberty.

Link to full text of the report: Report-WGAD-2014-eng