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Vol 25 No 2 Feb/March 2020

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The UN Working Group on Arbitrary Detention: Commentary and Guide to Practice

ISBN13: 9781107034457
Published: September 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £115.00
Paperback edition not yet published, ISBN13 9781108822428

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The global “War on Terror” has brought a number of civil liberty and human rights issues into sharp focus. One in particular has caused a good deal of controversy, the use of arbitrary detention. The United Nations Working Group on Arbitrary Detention is the first guide to the jurisprudence and practices from the WGAD. Since its establishment in 1991, the Working Group has adopted more than 1,200 case opinions and conducted more than 50 country missions.

In this book these cases are presented in the style of a treatise, where the widest array of issues on arbitrary detention are placed in the context of the requirements of multilateral treaties and other relevant international standards. Written for both practitioners and scholars alike, this book will not only inform readers about the WGAD, but will also serve as an introduction to real case studies and provide legal practitioners with necessary procedural steps to file a claim.

Human Rights and Civil Liberties
Foreword by Archbishop Desmond M. Tutu
Part I. Background
1. Overview of the Working Group
2. Deliberations of the Working Group
Part II. Individual Case Procedure 3. Process for Taking a Case to the Working Group
Part III. Case Jurisprudence 4. Category I: No Legal Basis for Detention
5. Category II: Violation of Fundamental Rights and Freedoms 6. Category III: Violation of Rights of Due Process
7. Category IV: Violation of Rights of Asylum Seekers
8. Category V: Discrimination on Protected Grounds
9. Detention Not Arbitrary
Part IV. Additional Case Studies
Table of Authorities
Appendices: Required Legal Materials