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

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW | 343Who may submit a complaint: Complaints may be sent by the individualsdirectly concerned, their families, their representatives ornon-governmental organisations for the protection of human rights, althoughthe Group may also receive complaints by governments andinter-governmental organisations. 1532How the complaint must be submitted: The complaint must be submittedin writing and addressed to the Secretariat, including at least thefamily name and address of the sender. As far as possible, each caseshould include a presentation indicating names and any other informationmaking it possible to indentify the person detained. A questionnaireis provided for by the WGAD website. 1533Procedure. The consideration of individual complaints involves a fourstageprocedure.• Stage 1: The WGAD receives the complaint, which should containthe minimum information highlighted above. 1534• Stage 2: The WGAD forwards the complaints to the governmentthrough diplomatic channels, inviting it to reply with commentsand observations within 90 days. If the government communicatesthat it desires an extension, this may be granted for a furtherperiod of a maximum of two months. 1535• Stage 3: The replies by the government are brought to the attentionof the complainant, which can further comment on them. 1536• Stage 4: The WGAD may adopt one of the following decisions onthe complaint:(a) If the person has been released, for whatever reason, followingthe reference of the case to the WGAD, the case is filed;the Group, however, reserves the right to render an opinion,on a case-by-case basis, whether or not the deprivation of libertywas arbitrary, notwithstanding the release of the personconcerned;(b) If the WGAD considers that the case is not one of arbitrarydeprivation of liberty, it shall render an opinion to this effect;(c) If the WGAD considers that further information is required fromthe government or the source, it may keep the case pendinguntil that information is received;1532 Ibid., para. 12.1533 Ibid., paras. 9–11. See questionnaire at http://www2.ohchr.org/english/issues/detention/docs/WGADQuestionnaire_en.doc.1534 Ibid., paras. 9–14.1535 Ibid., paras. 15–16.1536 Ibid., para. 15.