WGAD Model Questionnaire: Evidence and Document Checklist
The WGAD model questionnaire prompts information about the detained person, arrest, detention, alleged reasons for arbitrariness and steps taken domestically. It is designed to help the Working Group understand a concrete situation rather than receive only an argumentative memorandum.
Why this matters
A complete answer should distinguish facts known firsthand, facts supported by records and allegations requiring further verification. Every material date should ideally point to a source. Consent documentation and security concerns must be considered before transmitting personally identifying information.
How we approach the issue
Use this guide as an organisational checklist, not as a replacement for the current official OHCHR questionnaire or professional local legal advice.
Understanding the model questionnaire
The questionnaire is designed to collect structured information about the detainee and the alleged deprivation of liberty. It is not a substitute for legal analysis, but it prevents critical factual omissions. Consult the current version published by OHCHR rather than relying on an old third-party reproduction: questions, consent materials and submission instructions can change.
Personal details and representation
Provide accurate identifying details needed for the procedure and clarify who is submitting information. Where the detainee cannot safely authorise a representative, explain the circumstances accurately and obtain advice about the appropriate consent and representation requirements. Never forge signatures or imply that a relative automatically has full legal authority.
Arrest, custody and domestic proceedings
Distinguish the date of arrest from the date of first judicial control, transfer between facilities and any subsequent sentence or administrative custody. Provide the State's stated reasons for detention alongside the source's disagreement with those reasons. A complete factual account is more useful than a one-sided assertion that the detention is “obviously illegal.”
| Questionnaire topic | Prepare beforehand | Quality check |
|---|---|---|
| Identity | Verified name spellings and identifying information | Consistency across documents |
| Arrest | Date, place, authority, manner | Identify first-hand source |
| Current custody | Facility, status, changes | Verify latest information |
| Legal grounds | Charges and legal provisions | Match exact national orders |
| Domestic actions | Applications, appeals and outcomes | Include adverse decisions |
| International submissions | Prior or parallel complaints | Avoid omissions and conflicts |
Preparing annexes efficiently
An annex should support an actual factual proposition in the questionnaire or legal note. Number documents consistently, translate material passages accurately and preserve full originals when possible. Where a file is unavailable, identify the request made to obtain it and why the fact is asserted despite the gap.
Pre-submission editing checklist
- Reconcile dates and spellings throughout the text.
- Confirm that each alleged WGAD category has supporting facts.
- Remove unnecessary personal or medical detail from public-facing copies.
- Verify translation, consent and representative authority.
- Check that the official submission route is current.
- Save a signed or versioned complete copy of the materials sent.
A questionnaire can be technically complete and still substantively weak. Professional review should focus on evidentiary credibility, correct procedure and risks of disclosure—not merely formatting.
Practical actions and evidence checklist
- Person’s identifying details and current place of detention
- Date, place, authority and legal basis for arrest
- Chronology of detention extensions and court hearings
- Reasons why detention is alleged to be arbitrary
- Internal legal steps and evidence annexes
- Relevant consent and confidentiality documentation
Key questions, legal pathways and evidence
| Questionnaire area | Supporting document | Quality check |
|---|---|---|
| Identity | ID or reliable identifying record | Handle sensitive data securely |
| Arrest details | Warrant or police record | Confirm exact date |
| Current detention | Custody orders | Check extensions |
| Domestic action | Court decisions and appeals | Explain status correctly |
| Arbitrariness claim | Relevant annexes and law | Connect claim to proof |
Frequently asked questions
Can I send only a personal letter?
The WGAD welcomes relevant information, but the model questionnaire helps cover important details.
Can I withhold the person’s name?
Confidentiality and consent require careful attention; do not assume full anonymity in communications.
Should I upload all documents indiscriminately?
No. Prioritise reliable, relevant and indexed evidence, with secure handling of sensitive material.
Request a case assessment
If the official form is difficult to complete, seek help identifying what facts are missing and which annexes support each answer. Request questionnaire review.
Related resources
Primary official source
Independence and limitations: This is an independent legal-assistance website, not a UN, OHCHR or WGAD service. All legal advice and representation are subject to professional qualification, jurisdiction and a signed engagement. No outcome is guaranteed.