The Working Group

Are Working Group opinions binding?

Opinions state whether a detention is arbitrary and make recommendations to the Government. The OHCHR materials read for this project do not describe them as legally binding.

• OHCHR describes opinions as the result of consensus, with the view of a majority adopted where consensus is not reached, and says that where a detention is found arbitrary the Working Group makes recommendations to the Government.¹
• Recent opinions note that the Human Rights Council has encouraged all States to cooperate with the Working Group and asked them to take account of its views.²
• Opinions ask the Government and the source to report within six months on follow-up, such as release, compensation, investigation and changes to law or practice.²
• Governments do not always reply to communications, and the Working Group may adopt an opinion without a reply, as it did in Opinion No. 11/2024. Opinions on this site record whether a reply was received and what it said.^2,1
• This site does not treat an opinion as a court judgment. It reports the Working Group's finding, attributed to the Working Group, alongside the Government's stated position.³

Sources

1. OHCHR, Fact Sheet No. 26, The Working Group on Arbitrary Detention
2. UN Working Group on Arbitrary Detention, Opinion No. 11/2024 concerning Evan Gershkovich (Russian Federation), A/HRC/WGAD/2024/11 (20 March 2024)
3. OHCHR, Opinions adopted by the Working Group on Arbitrary Detention (28 October 2026)