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The UN Working Group on Arbitrary Detention

The UN Working Group on Arbitrary Detention
Commentary and Guide to Practice


  • Publication planned for: December 2019
  • availability: Not yet published - available from December 2019
  • format: Hardback
  • isbn: 9781107034457

$ 150.00

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About the Authors
  • The United Nations Working Group on Arbitrary Detention is the first comprehensive review of the contributions of this important institution to understanding arbitrary detention today. The Working Group is a body of five independent human rights experts that considers individual complaints of arbitrary detention, adopting legal opinions as to whether a detention is compatible with states' obligations under international law. Since its establishment in 1991, it has adopted more than 1,200 case opinions and conducted more than fifty country missions. But much more than a jurisprudential review, these cases are presented in the book in the style of a treatise, where the widest array of issues on arbitrary detention are placed in the context of the requirements of multilateral treaties and other relevant international standards. Written for both practitioners and serious scholars alike, this book includes five case studies and a foreword by Archbishop Desmond M. Tutu.

    • This book is a practitioner's manual
    • Synthesizes, summarizes, and analyzes more than 1,200 jurisprudence cases of this UN body, in the context of the requirements of multilateral treaties and other relevant international standards
    • Contains five real case study examples of individual cases
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    Product details

    • Publication planned for: December 2019
    • format: Hardback
    • isbn: 9781107034457
    • dimensions: 228 x 152 mm
    • contains: 20 b/w illus.
    • availability: Not yet published - available from December 2019
  • Table of Contents

    Foreword by Archbishop Desmond M. Tutu
    Part I. Background: Introduction
    1. Overview of the working group
    2. Deliberations of the working group
    Part II. Individual Case Procedure:
    3. Process for taking a case to the working group
    Part III. Case Jurisprudence:
    4. Category I: no legal basis for detention
    5. Category II: violation of fundamental rights and freedoms
    6. Category III: violation of rights of due process
    7. Category IV: violation of rights of asylum seekers
    8. Category V: discrimination on protected grounds
    9. Detention not arbitrary
    Part IV. Additional Case Studies: Table of authorities
    Appendices: required legal materials

  • Author

    Jared Genser, Georgetown University Law Center
    Jared Genser is Managing Director of Perseus Strategies, a public interest law firm, and an Adjunct Professor of Law at Georgetown University Law Center. He is the founder of Freedom Now, an independent non-governmental organization, and has been referred to by the New York Times as 'The Extractor' for his work freeing political prisoners around the world. Genser is the recipient of the American Bar Association's International Human Rights Award.

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