TRIAL before the United Nations on the right to liberty

On 25 October 2012 TRIAL intervened before the United Nations Human Rights Committee in order to contribute to shedding light on several aspects of the right to liberty and security of persons embodied in Article 9 of the International Covenant on Civil and Political Rights. The meeting, gathering representatives of several civil society organizations and States, took place in the framework of a half-day of general discussion promoted by the Committee in preparation of a new General Comment on Article 9. This initiative was a first for the Committee and represented a unique opportunity for TRIAL and other actors to express their views on important aspects of the Covenant.

In July 2012 the Human Rights Committee started the process of developing a new General Comment on Article 9 of the Covenant based on recent States reports, individual communications and other General Comments adopted on related issues. The purpose of the General Comment is to provide appropriate and authoritative guidance to States Parties and other actors on the measures to be adopted to ensure full compliance with the right to liberty and security of persons.

In September 2012 TRIAL had already submitted a Written Information raising some of the issues that TRIAL considers of pivotal importance in the interpretation and implementation of the right to liberty, especially on matters related to enforced disappearances.

At the meeting before the Human Rights Committee on 25 October 2012, TRIAL presented some remarks on the international legal standards concerning the absolute prohibition of deprivation of liberty in unofficial places of detention, incommunicado detention and enforced disappearance.

In this light TRIAL further outlined the most important obligations for States to guarantee the effectiveness of the right to liberty and security of persons, to prevent its violation and to provide effective remedies to victims. Particular reference in this respect was made by TRIAL to the legal obligations embodied in the 2007 International Convention for the Protection of All Persons from Enforced Disappearance.

Some of the most debated topics raised by the participants and tackled in the ensuing discussion with the members of the Committee included detention by non-State actors, detention in situations of armed conflict, secret detention and enforced disappearances, detention of immigrants and detention of vulnerable categories of persons, such as persons with disabilities and children.

Following the discussion, the Rapporteur on the General Comment, Mr. Gerald Neuman, will produce a draft of the General Comment which will be presented to the Committee for a first reading in March 2013. The text resulting from the first reading will be made public for comments by all interested parties.

TRIAL intends to remain actively engaged in the process leading to the development of the General Comment.

For more information

• Read the Written Information submitted by TRIAL to the Human Rights Committee in September 2012 on the right to liberty and security of persons
• See the HRC webpage about the new General Comment