Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

V
WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 353
b) The Working Group on Arbitrary Detention
The Working Group on Arbitrary Detention (WGAD) is the only
UN Special Procedure whose mandate expressly provides for
consideration of individual ‘complaints’ rather than merely
‘communications’, thereby recognising a right of petition of
individuals anywhere in the world. 962 The WGAD may also take
up cases on its own initiative. 963
The Law: The WGAD bases its decisions on individual
complaints on the Universal Declaration of Human Rights, the
Body of Principles for the Protection of All Persons under Any
Form of Detention or Imprisonment, the International Covenant
on Civil and Political Rights for States Parties to it, the Standard
Minimum Rules for the Treatment of Prisoners; the UN Rules
for the Protection of Juveniles Deprived of Their Liberty, and
the UN Standard Minimum Rules for the Administration of
Juvenile Justice, as well as any other relevant standard. 964
Who may submit a complaint: Complaints may be sent by
the individuals directly concerned, their families, their
representatives or non-governmental organisations for the
protection of human rights, although the Group may also
receive complaints by governments and inter-governmental
organisations. 965
How the complaint must be submitted: The complaint must
be submitted in writing and addressed to the Secretariat,
including at least the family name and address of the sender.
As far as possible, each case should include a presentation
indicating names and any other information making it possible
962
See, Resolutions 1991/42 and 1997/50 of the UN Commission on
Human Rights; Decision 2006/102 of the UN Human Rights Council;
and Resolution 6/4 of the UN Human Rights Council.
963
Revised Methods of Work, WGAD, in Fact Sheet No. 26, The
Working Group on Arbitrary Detention, OHCHR, Annex IV, para. 13.
964
Ibid., para. 7.
965
Ibid., para. 12.