유엔 자의적 구금실무 그룹 -기능과 활동에 대한 분석- = The UN Working Group on Arbitrary Detention: An analysis on its function and achievements

다국어 초록 (Multilingual Abstract)

The UN Working Group on Arbitrary Detention is part of the Special Procedures for the protection and promotion of human rights within the Un mechanism that identifies the cases of the arbitrary deprivation of liberty through its Opinions; transmits urgent appeals to the concerned governments, when it finds the imminent danger of the emergence of arbitrary deprivation of liberty that may result in the irreparable harm to the concerned individual; presents clarifications on the related norms on the prohibition of arbitrary detention through its deliberations; conducts the country-visits; and submits its annual reports for the review of the Human Rights Council. Despite the fact that its dispositions are not legally binding, the WGAD has been rather taking advantage of these potential handicaps through thereby allowing all the victims, regardless of their nationality and the issue of whether the concerned country is a party to a specific treaty, can submit communications asking for a remedy and enjoying a level of flexibility that any other human rights monitoring bodies can hardly expect, in terms of adopting applicable norms and providing a multiple set of remedial measures. This writing seeks to properly delve into how the Group has been developing the laws on detention and to what extent it has been successfully performing its unique function of rescuing the people in need.

참고문헌 (Reference)

1 "자유권 규약"

2 "실무그룹 홈페이지"

3 "https://extranet.ohchr.org/sites/wgad/Documents/Bar%20Chart%20-%20Opinions%20adopted%20by%20the%20WGAD%20%281992-2014%29.pdf"

4 "http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16326&LangID=E"

5 "http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=16326&LangID=E"

6 "http://www.ohchr.org/EN/Issues/Detention/Pages/DraftBasicPrinciples.aspx"

7 "http://www.ohchr.org/EN/HRBodies/HRC/AdvisoryCommittee/Pages/HRCACIndex.aspx"

8 "http://www.ohchr.org/Documents/Issues/Detention/WGAD_RevisedMethodsofWork.pdf"

9 "http://www.ohchr.org/Documents/Issues/Detention/WGAD_RevisedMethodsofWork.pdf"

10 "http://www.ohchr.org/Documents/Issues/Detention/CompilationWGADDeliberation.pdf"

11 "UN.Doc., A.HRC/WGEID/102/2"

12 "UN Commission on Human Rights, Question of arbitrary detention"

13 Thomas M. Antkowiak, "Truth as Right and Remedy in International Human Rights Experience" 23 : 977-, 2002

14 Jared M. Genser, "The Internsection of Politics and International Law: The United Nations Working Group on Arbitrary Detention in Theory and Practice" 39 : 101-, 2008

15 "Opinions adopted by the Working Group on Arbitrary Detention"

16 "Opinions adopted by the Working Group on Arbitrary Detention"

17 Malcolm, N. Shaw, "INTERNATIONAL LAW" Cambridge University Press 2008

18 "Human Rights Committee, Mukong v. Cameroon, communication No. 458/1991"

19 "Human Rights Committee, Bousroual v. Algeria, Communication No. 992/2001, Views adopted on 30 March 2006, para. 9.6 등"

20 "Fact Sheet No. 26, The Working Group on Arbitrary Detention, III. Composition and Mandate of the Group"

21 "European Court of Human Rights, Fox, Campbell and Hartly v. The United Kingdom (application No. 12244/86, 12245/86, 12383/86), Judgment, para. 32"

22 "ECHR, Belchev v. Bulgaria, Final Judgment (application No. 39270/98) 등"

23 "ECHR, Belchev v. Bulgaria, Final Judgment (application No. 39270/98) 등"

24 Working Group on Arbitrary Detention, "Compilation of Deliberations"

25 "Commission on Human Rights, Working Group on Arbitrary Detention, Questions of the Human Rights of All Persons Subjected to Any Form of Detention or Imprisonment: Report of the Working Group on Arbitrary Detention"

26 "Basic Principles and Guidelines on the Rights to a Remedy and Reparation ofr Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law"

27 Thomas M. Antkowiak, "An Emerging Mandate for International Courts: Victim-Centered Remedies and Restorative Justice" 47 : 279-, 2011