Advocates were briefed on how to utilize UN mechanisms in cases involving arbitrary detention

The United Nations Working Group on arbitrary detention is one of the special mechanisms of the UN Human Rights Council, which, in certain cases, allows issues of unlawful deprivation of liberty to be brought to the international level more quickly than through individual judicial proceedings.

The chairman of the Working Group Hanna Yudkivska spoke to Ukrainian advocates about the practical aspects of using this international instrument during the workshop «Effective mechanisms for protecting the right to liberty in the context of international institutions». The event took place at the office of the Ukrainian National Bar Association on April 17.

The speaker explained that the working group consists of five independent experts representing different geographic regions, holds two closed sessions a year in Geneva, and reviews individual complaints regarding cases of arbitrary deprivation of liberty. According to her, the mechanism’s advantage lies in its speed and flexibility: the working group is able to respond to violations much more quickly than the traditional judicial procedures of the European Court of Human Rights (recall that Hanna Yudkivska served as a judge of the ECHR from 2010 to 2022. During her tenure, 1,742 decisions were adopted, including in the cases of «Nechiporuk and Yonkal v. Ukraine» and «Istomina v. Ukraine»).

Workshop participants received a detailed analysis of the categories of arbitrary detention according to the working group’s classification: ranging from the absence of legal grounds for arrest and persecution for exercising fundamental freedoms — to gross violations of the right to a fair trial, discriminatory persecution, and prolonged administrative detention without review.

The practical value of the topic was enhanced by an analysis of specific examples. These included, in particular, cases involving prosecution for anti-war statements, as well as instances where the financial conditions for release were so onerous that bail effectively became a tool of imprisonment. According to Hanna Yudkivska, the conclusions adopted by the working group can serve as a practical tool for the defense — both in national proceedings and in the international context.

At the same time, it is necessary to consider the relationship between procedures at the ECHR and the Working Group. Its chairman highlighted procedural nuances that must be considered as early as the strategy selection stage, since appealing to one international mechanism may affect the possibility of subsequently appealing to another.

Workshop participants were also briefed on how to prepare an individual submission to the Working Group: what the form should contain, the appropriate volume of materials, how communication with the government takes place, and the timeframe within which a response can be expected. Separately, they discussed common mistakes that weaken a submission even before it is considered on its merits.

«In a context where issues of the justification of detention, fair trial, and the limits of state interference in human rights are particularly acute, knowledge of international legal instruments is a practical resource for protection, - commented secretary of the UNBA Committee on human rights protection Bohdan Hlyadik, who moderated the event, on the significance of the workshop. - This workshop is part of the Committee’s ongoing efforts to strengthen the international dimension of legal practice».

For reference: The UN Working Group on arbitrary detention is mandated to examine cases of deprivation of liberty that may be arbitrary or inconsistent with international human rights standards. It sends urgent appeals and communications to governments, examines individual complaints, issues findings on the arbitrariness of detention, and conducts country visits. Its mandate was extended for three years by UN Human Rights Council Resolution 60/8 of October 6, 2025.