A/HRC/WGAD/2021/42 Working Group’s methods of work. In the absence of a response or a request for an extension from the Government, the Working Group has decided to render the present opinion, in conformity with paragraph 15 of its methods of work. 47. In determining whether the detentions of Mr. Gharib and Mr. Elsayed are arbitrary, the Working Group has recourse to the principles established in its jurisprudence for dealing with evidentiary questions. If the source has established a prima facie case for breach of international law constituting arbitrary detention, the burden of proof should be understood to rest upon the Government, if it wished to refute the allegations. 2 Discussion 48. The source claims that the detentions of Mr. Gharib and Mr. Elsayed are arbitrary under categories I, II and III. Category I 49. The source claims that the detentions of Mr. Gharib and Mr. Elsayed are arbitrary under category I because they are without legal basis or justification. According to the source, the prohibition of arbitrary arrest and detention, guaranteed under various provisions of international human rights law, has been totally disregarded. In particular, the fact that the arrests were allegedly carried out without a warrant being shown to the men and that no reason was provided for the arrests render the arrests arbitrary and in violation of the right to liberty. The source refers to general comment No. 35 (2014), in which the Human Rights Committee stated that any person should be informed, at the time of arrest, of the reasons for the arrest and that this requirement applies broadly to the reasons for any deprivation of liberty. 50. Furthermore, in accordance with principle 10 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, anyone who is arrested should be informed at the time of arrest of the reason for the arrest and should be promptly informed of any charges against him or her. 51. As the Working Group has previously stated, in order for a deprivation of liberty to have a legal basis, the authorities must invoke that legal basis and apply it to the circumstances of the case through an arrest warrant. According to international human rights law and its safeguards against arbitrary detention, the right to be presented with an arrest warrant, particularly in cases that do not involve arrests made in flagrante delicto, serves to ensure the exercise of effective and objective control by a competent, independent and impartial judicial authority. This is procedurally inherent in the right to liberty and security and the prohibition of arbitrary detention enshrined in articles 3 and 9 of the Universal Declaration of Human Rights, article 9 of the Covenant and principles 2, 4 and 10 of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment.3 The Working Group considers that these international provisions were not respected in the present case.4 2 3 4 6 A/HRC/19/57, para. 68. The Working Group has maintained from its early years that the practice of arresting persons without a warrant renders their detention arbitrary. See, for example, decisions No. 1/1993, paras. 6–7; No. 3/1993, paras. 6–7; No. 4/1993, para. 6; No. 5/1993, paras. 6 and 8–9; No. 27/1993, para. 6; No. 30/1993, paras. 14 and 17 (a); No. 36/1993, para. 8; No. 43/1993, para. 6; and No. 44/1993, paras. 6– 7. For more recent jurisprudence, see opinions No. 38/2013, para. 23; No. 48/2016, para. 48; No. 21/2017, para. 46; No. 63/2017, para. 66; No. 76/2017, para. 55; No. 83/2017, para. 65; No. 88/2017, para. 27; No. 93/2017, para. 44; No. 3/2018, para. 43; No. 10/2018, para. 46; No. 26/2018, para. 54; No. 30/2018, para. 39; No. 38/2018, para. 63; No. 47/2018, para. 56; No. 51/2018, para. 80; No. 63/2018, para. 27; No. 68/2018, para. 39; No. 82/2018, para. 29; No. 6/2020, para. 40; No. 11/2020, para. 38; No. 13/2020, para. 47; No. 14/2020, para. 50; No. 31/2020, para. 41; No. 32/2020, para. 33; No. 33/2020, para. 54; and No. 34/2020, para. 46. See also article 14 (1) of the Arab Charter on Human Rights. See, for example, opinions No. 93/2017, para. 44; No. 10/2018, paras. 45–46; No. 36/2018, para. 40; No. 46/2018, para. 48; No. 9/2019, para. 29; No. 32/2019, para. 29; No. 33/2019, para. 48; No.