
Casework
Petitions to the UN Working Group on Arbitrary Detention
We bring petitions (individual complaints) before the UN Working Group on Arbitrary Detention (WGAD) to challenge the lawfulness of detention under international law and, where applicable, to raise structural and systemic rights issues connected to the case.
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We support the applicant through the entire process, including legal analysis, drafting, submission, and follow-up with the WGAD.
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The WGAD is the only non-treaty-based UN mechanism whose mandate expressly provides for the consideration of individual complaints. This means that individuals anywhere in the world can bring a case directly, without the State concerned having consented to the UN body's jurisdiction and without the need to exhaust domestic remedies.
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How the procedure works
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When a complaint is received, the WGAD transmits the allegations to the Government concerned through diplomatic channels.
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The Government is invited to respond within 60 days, addressing the facts, relevant domestic law, and the status or outcome of any investigations or proceedings.
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The Government’s response is shared with the source (the applicant) for final comments or observations.
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The WGAD then considers the case in private session.
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​Opinions and communications issued by the WGAD are not legally binding. Even where a violation is found, the State is not formally obliged under international law to comply. However, their strength lies in the political and diplomatic pressure they generate. Where the WGAD concludes that an individual’s detention is arbitrary, it communicates its findings to the government concerned through diplomatic channels and urges the individual's immediate release from detention. Moreover, the WGAD's opinions attract international attention and can place significant reputational and diplomatic scrutiny on the State concerned.