Legal protection of foreigners arbitrarily detained abroad: capabilities of the Working Group on Arbitrary Detention

Abstract

Arbitrary deprivation of liberty constitutes a human rights violation and is prohibited under international law. The Working Group on Arbitrary Detention is a thematic special procedure of the United Nations Human Rights Council with a mandate to investigate cases which involve the element of arbitrariness. After the assessment of information received from the “source” and the Government concerned, the Working Group presents its non-binding opinion which may have an influence on the Government concerned. Owing to the effect of the WGAD’s opinion, it is possible to obtain the release of the arbitrarily detained individual. The willingness of the states to implement the decision depends on various factors. The thesis aims to reveal the factors which affect the power of the Working Group’s opinion and assess the capabilities of the Working Group. The examination is conducted with the aid of academic criticism and case studies of the foreigners detained abroad