88. 工作组注意到，在本案上，虽然政府在答复中坚称逮捕令已准备好并有日期，但未处理来文方关于逮捕时未出示逮捕令的申诉。考虑到在工作组判例中确立的处理证据问题的原则，如果来文方有初步证据证明存在违反国际规定构成任意拘留的行为时，政府如要反驳指控，则应承担举证责任。在此案上，政府未能承担举证责任。
88. In this case, the Working Group notes that while the Government maintained in its response that a warrant of arrest was prepared and dated, it left unaddressed the source’s claim that the warrant was not presented at the time of arrest. Having regard to the principles established in its jurisprudence to deal with evidentiary issues, 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 to refute the allegations. It has failed to do so in this case.