 This process allows the Group to remain neutral in the information-gathering process.The Working Group has identified detention or imprisonment as arbitrary if it falls into one of the following categories;

Examples of this can include continued detention after the completion of a sentence, denial of the exercise of fundamental rights such as freedom of expression, violations of the right to a fair trial, asylum and immigration claims, or detention based on ethnicity; religion; sexual orientation, etc.Upon receiving information under this adversary procedure, the Working Group then adopts one of the following approaches;


Upon evaluating contradicting evidence, such as between an individual claiming arbitrary deprivation of liberty and a government, the Working Group use a standard of 'convincing evidence', as opposed to evidence beyond a reasonable doubt.