UN Working Group on Arbitrary Detention

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Communication addressed to the Government on 23 June 2011

Concerning: Maikel Nabil Sanad

The State is a party to the International Covenant on Civil and Political Rights.

1. The Working Group on Arbitrary Detention was established in resolution 1991/42 of the former Commission on Human Rights. The mandate of the Working Group was clarified and extended in resolution 1997/50. The Human Rights Council assumed the mandate in its decision 2006/102. The mandate was extended for a further three-year period in resolution 15/18 of 30 September 2010.

An important legal victory for conscientious objectors in Colombia

The Working
Group on Arbitrary Detention declared in its Opinion No 8/2008 (Colombia) the practice of recruitment in the form of raids
(batidas), and the recruitment of conscientious objectors a form of "arbitrary detention". This is an important legal victory for conscientious objectors in Colombia, although the opinions of the Working Group are legally non-binding.

The deprivation of liberty of Mr. Halil Savda during the periods between 16 and 28 December 2004, between 7 December 2006 and 2 February 2007, as well as between 5 February and 28 July 2007 was arbitrary. His deprivation of liberty since 27 March 2008 is also arbitrary, being in contravention of articles 9 and 18 of the Universal Declaration of Human Rights and of articles 9 and 18 of the International Covenant on Civil and Political Rights from which the Republic of Turkey is a State
Party, falling under category II of the categories applicable to the consideration of cases submitted to the Working Group. In addition, it also falls under category III of the categories applied by the Working Group, as far as Mr. Savda would have to serve his prison term following his conviction by judgement No. 2007/742-396.

Communication addressed to the Government on 5 October 2007.

Concerning Mr. Frank Yair Estrada Marin, Mr. Carlos Andrés Giraldo Hincapié and Mr. Alejandro de Jesús González Duque.

The State is a party to the International Covenant on Civil and Political Rights.

Communication addressed to the Government on 2 May 2003.

Concerning: Matan Kaminer, Adam Maor, Noam Bahat and Jonathan Ben-Artzi.

The State has ratified the International Covenant on Civil and Political Rights

1. The Working Group on Arbitrary Detention was established by Commission on Human Rights resolution 1991/42. The mandate of the Working Group was clarified by resolution 1997/50 and extended by resolution 2003/31. Acting in accordance with its methods of work, the Working Group forwarded to the Government the above-mentioned communication.

Report of the Working Group on Arbitrary Detention
E/CN.4/2001/14

91. The Working Group notes that conscientious objection - which has its theoretical basis in the freedom of conscience and thus of opinion - gives rise, particularly in countries that have not yet recognized conscientious objector status, to repeated criminal prosecutions followed by sentences of deprivation of liberty which are renewed again and again.

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