The Advisory Council also comments that detention that is initially in accordance with law and otherwise justifiable has the potential to become arbitrary because of its length. The Human Rights Committee’s jurisprudence contains observations that every decision to keep a person in detention should be open to judicial review periodically so that the grounds justifying the detention can be assessed and that, in any event, detention should not continue beyond the period for which the State can provide appropriate justification.33 The Advisory Council comments that any review by a judicial officer should not be a mere ‘rubber stamping’ exercise but there should be an objective assessment of the reasons for detention.34 It is recognised, however, that terrorist offences are serious offences and may present particular security concerns. The investigation of these offences may also take longer because of their complexity and possible international component. These factors must therefore be taken into account when a person is brought before a judicial officer (initially or at a review) in any decision as to the necessity to detain and the appropriate limits on the length of detention. (iv) The nature of special protections that should be extended to minors when imprisoned, detained or searched in accordance with international law SUMMARY OF ANSWERS • Minors/children must be treated in accordance with the CRC and related rules which require special protection for those under 18 years of age. The overriding principle is that the best interests of the child must be a primary consideration. 33 A v Australia (1997) Communication No. 560/1993 at para 9.4. We note here the establishment of the Working Group on Arbitrary Detention by the Commission on Human Rights at its forty-seventh session, in 1991, by resolution 1991/42. The Working Group is composed of five independent experts with the task of investigating cases of alleged arbitrary detention. The mandate of the Group was clarified and extended by the Commission in its resolution 1997/50. It is “to investigate cases of deprivation of liberty imposed arbitrarily, provided that no final decision has been taken in such cases by local courts in conformity with domestic law, with the standards set forth in the Universal Declaration of Human Rights and with the relevant international instruments accepted by the States concerned”. The mandate also covers the issue of administrative custody of asylum-seekers and immigrants. The Group undertakes country visits, receives communications and adopts Opinions which are addressed to Governments. See Economic and Social Council Civil and Political Rights, including the Question of Torture and Detention: Report of the Working Group on Arbitrary Detention E/CN.4/2003/8 (16 December 2003). 34 41