4.3.3 Preventing arbitrary detention and forced disappearances

Arbitrary detention and forced disappearances are not only grave abuses in their own right, but also hold the key to stopping torture. NHRIs should monitor carefully the powers of law enforcement officials to detain persons on a preventative basis, and in appropriate cases, should establish mechanisms like priority complaints processing for any serious allegations of abuse or disappearances. Reporting mechanisms like hotlines for missing persons who are alleged to have been detained improperly can be helpful, provided they are accessible, responsive and that the NHRI then follows up with every call on a timely basis.

Some NHRIs conduct spot inspections, without prior announcement, of facilities that may be “safe-houses” or informal detention centres which are in fact illegal detention centres.

Families of detained persons are able to appeal to the NHRI in case of irregularities, and can file complaints, where the NHRI can receive complaints. In most countries, habeas corpus applications will be appropriate remedies.

NHRIs can support the international human rights system by cooperating with the Working Group on Arbitrary Detention (WG). The WG was established in 1991. Its mandate under the Human Rights Council includes: investigating of cases of deprivation of liberty imposed arbitrarily; seeking and receiving information from Governments and intergovernmental and non-governmental organisations, and receiving information from the individuals concerned, their families or their representatives. UNCTs can provide information to NHRIs about the Working Group and its procedures. Many of the core protection issues relevant to this chapter, and the strategies that could be used by NHRIs, are set out in detail in:

Annex 1: “Core Protection Issues and Potential Activities for NHRI Involvement”.

This Tool reviews core protection issues in detail, and provides concrete suggestions as to what UNCTs might do to provide support to NHRIs in each area.