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9 - Detention Not Arbitrary

from Part III. - Case Jurisprudence

Published online by Cambridge University Press:  20 September 2019

Jared Genser
Jared Genser
Affiliation:
Georgetown University Law Center
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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

Keywords

domestic fact finderevidencespecial procedurespreventative detention
Type
Chapter
Information
The UN Working Group on Arbitrary Detention
Commentary and Guide to Practice
 , pp. 443 - 454
Publisher: Cambridge University Press
Print publication year: 2019

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  • Detention Not Arbitrary
  • Jared Genser
  • Book: The UN Working Group on Arbitrary Detention
  • Online publication: 20 September 2019
  • Chapter DOI: https://doi.org/10.1017/9781139540711.011
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  • Detention Not Arbitrary
  • Jared Genser
  • Book: The UN Working Group on Arbitrary Detention
  • Online publication: 20 September 2019
  • Chapter DOI: https://doi.org/10.1017/9781139540711.011
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Detention Not Arbitrary
  • Jared Genser
  • Book: The UN Working Group on Arbitrary Detention
  • Online publication: 20 September 2019
  • Chapter DOI: https://doi.org/10.1017/9781139540711.011
Available formats
×