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Case Opinions by the Working Group on Arbitrary Detention

In addition to urgent appeals and situation-specific statements and communications, the Working Group on Arbitrary Detention may issue opinions regarding individual detentions that are brought to its attention. After receiving a specific allegation of arbitrary detention through an individual complaint or an urgent appeal, the Working Group forwards the information to the state concerned and requests that the state respond within 60 days with comments, including those on any investigation that may have been conducted. Upon receiving the response from the state and any necessary additional information from the source of the complaint, the Working Group will determine whether a deprivation of liberty was indeed arbitrary, and issue a case opinion.

Unlike standard communications by special procedures, the Working Group on Arbitrary Detention generally provides the source of the complaint with a copy of the state’s response and an opportunity for the source to provide additional information regarding the case. The original communication and all subsequent follow up are kept confidential, unless the source or state involved requests otherwise. However, many of the details in both the source’s and government’s communications will be included in the Working Group’s final opinion on the case. In addition, the Working Group prepares an annual report for the Human Rights Council on its activities, decisions, and recommendations.

Below is an example of a case opinion issued by the Working Group on Arbitrary Detention concerning China in 2016:

Opinion adopted by the Working Group on Arbitrary Detention, No. 12/2016, concerning Phan (Sandy) Phan-Gillis (2016): EN

Below are examples of case opinions issued by the Working Group on Arbitrary Detention concerning China included in its 2015 annual report:

Opinion adopted by the Working Group on Arbitrary Detention, No. 2/2014, concerning Chen Kegui (2014): EN

Opinion adopted by the Working Group on Arbitrary Detention, No. 3/2014, concerning Ilham Tohti (2014): EN

Opinion adopted by the Working Group on Arbitrary Detention, No. 4/2014, concerning Ma Chunling (2014): EN

Opinion adopted by the Working Group on Arbitrary Detention, No. 8/2014, concerning Xing Shiku (2014): EN

Opinion adopted by the Working Group on Arbitrary Detention, No. 21/2014, concerning Wang Hanfei (2014): EN

Opinion adopted by the Working Group on Arbitrary Detention, No. 49/2014, concerning Jingling Tang, Qingying Wang, and Xinting Yuan (2014): EN

Opinion adopted by the Working Group on Arbitrary Detention, No. 55/2014, concerning Ziyuan Ren (2014): EN

Below are examples of case opinions issued by the Working Group on Arbitrary Detention concerning China included in its 2013 annual report:

Opinion adopted by the Working Group on Arbitrary Detention, No. 59/2012, concerning Guo Quan (2012): EN, CH

Opinion adopted by the Working Group on Arbitrary Detention, No. 29/2012, concerning Gulmira Imin (2012): EN, CH

Opinion adopted by the Working Group on Arbitrary Detention No. 36/2012, concerning Qi Chonghuai (2012): EN, CH

Opinion adopted by the Working Group on Arbitrary Detention No. 7/2012, concerning Chen Wei (2012): EN, CH

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