The UN Working Group on Arbitrary Detention

Commentary and Guide to Practice

Häftad, Engelska, 2020

AvJared Genser

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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.

Produktinformation

Utgivningsdatum2020-04-16
Mått178 x 255 x 38 mm
Vikt1 230 g
FormatHäftad
SpråkEngelska
Antal sidor656
FörlagCambridge University Press
ISBN9781108822428

Tillhör följande kategorier

Mänskliga och medborgerliga rättigheter inom Juridik
Folkrätt inom Juridik
Politiskt förtryck inom Samhälle och politik
Internationella relationer inom Samhälle och politik
Internationell rätt inom Juridik

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.

Foreword by Archbishop Desmond M. Tutu; Part I. Background: 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: 10. Mohamed Nasheed v. The Maldives; 11. 'Balyoz' or Sledgehammer Cases v. Turkey; 12. Aung San Suu Kyi v. Myanmar; 13. Mukhtar Ablyazov v. France; 14. Yang Jianli v. China; Table of authorities; Appendices: required legal materials; Index.

'This meticulously researched volume is the first book to review the extensive jurisprudence and reporting of the UN Working Group on Arbitrary Detention since its creation in 1991. Authored by Jared Genser, one of the leading human rights lawyers in the world and someone who I had the pleasure of working with on many of his most challenging cases during my time as High Commissioner, the book is written to be highly accessible even for those without legal background. Importantly, Genser weaves into the narrative his experiences having successfully taken dozens of cases to the Working Group over his career, explaining how he has combined its opinions with focused political and public relations advocacy to secure the release of his clients from prison. This rare combination of serious scholarship with real world application is as powerful as it is inspiring, making this book a must read for anyone wanting to secure the release of political prisoners today.' Prince Zeid Ra'ad Al Hussein, UN High Commissioner for Human Rights (2014–2018)

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