Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

344 | PRACTITIONERS GUIDE No. 6
(d) If the WGAD considers that it is unable to obtain sufficient
information on the case, it may file the case provisionally or
definitively;
(e) If the WGAD decides that the arbitrary nature of the deprivation
of liberty is established, it shall render an opinion to that
affect and make recommendations to the government.
The opinion adopted by the WGAD is sent to the government
concerned together with the recommendations of the WGAD.
Three weeks later, the opinion is sent to the complainant.
Follow-up: The WGAD inserts the opinion in its annual report to the UN
Human Rights Council. 1537 The WGAD must also take all the appropriate
measures to ensure that governments inform it of follow-up actions
taken on the recommendations made. 1538
Review: In exceptional circumstances, the WGAD may reconsider
an already adopted opinion: (a) if the facts on which the request is
based are considered by the Group to be entirely new and such as to
have caused the Group to alter its decision had it been aware of them;
(b) if the facts had not been known or had not been accessible to the
party originating the request; or (c) when the request comes from a
government which has respected the delays for replies. 1539
Urgent Action Procedure: This procedure may be resorted to by the
WGAD (a) in cases in which there are sufficiently reliable allegations
that a person is being arbitrarily deprived of his liberty and that the
continuation of such deprivation constitutes a serious threat to that person’s
health or even to his life; or (b) in cases in which, even when no
such threat is alleged to exist, there are particular circumstances that
warrant an urgent action. The urgent action procedure does not prejudge
any opinion that the WGAD may later adopt on the arbitrariness
of the deprivation of liberty. 1540
1537 Ibid., para. 19.
1538 Ibid., para. 20.
1539 Ibid., para. 21.
1540 Ibid., paras. 22–23.