Arbitrary arrest and detention

Arbitrary arrest and arbitrary detention are the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law.^[1]

Background

Arbitrarily arresting or detaining persons contradicts rule of law established in democracies as well as habeas corpus and is thereafter illegal in those regimes. In practice in the 2000s (decade), arbitrary arrest or detention (the definitions of these terms vary between different national jurisdictions) is typically tolerated by the legal system for a short duration, of a few hours up to a few days, in most democracies, especially in response to political street demonstrations. It is often a characteristic of dictatorships or police states, which may also engage in forced disappearance.

Virtually all individuals who are arbitrarily arrested are given absolutely no explanation as to why they are being arrested, and they are not shown any arrest warrant.^[2] Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts.^[3]^[4] Many individuals who are arbitrarily arrested and detained suffer physical or psychological torture during interrogation, as well as extrajudicial punishment and other abuses in the hands of those detaining them.

International law

Arbitrarily depriving an individual of their liberty is strictly prohibited by the United Nations' division for human rights. Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile";^[5] that is, no individual, regardless of circumstances, is to be deprived of their liberty or exiled from their country without having first committed an actual criminal offense against a legal statute, and the government cannot deprive an individual of their liberty without proper due process of law. As well, the International Covenant on Civil and Political Rights specifies the protection from arbitrary arrest and detention by the Article 9.^[6]

References

↑ "Freedom from Arbitrary Arrest and Exile". Human Rights Law. United Nations Cyber Schoolbus. 2006-11-09. Retrieved 2007-09-30.
↑ "Human Rights Violations by the Indonesian Armed Forces". Human Rights. Human Rights Watch. 1998-06-27. Retrieved 2007-09-30.
↑ "Arbitrary arrest / Incommunicado detention / Risks of ill-treatment - SYR 003 / 0506 / OBS 060". Human Rights. International Federation for Human Rights. 2006-05-15. Retrieved 2007-09-30.
↑ "Enforced Disappearance and Incommunicado Detention in China". Human Rights. World Organisation Against Torture. 2007-08-31. Retrieved 2007-09-30.
↑ "Universal Declaration of Human Rights". Human Rights. United Nations. 1998-12-01. Archived from the original on 29 September 2007. Retrieved 2007-09-30.
↑ International Covenant on Civil and Political Rights, Article 9

External links

Behind the Wire: An Update to Ending Secret Detentions (2005), Human Rights First

Articles of the Universal Declaration of Human Rights

General principles

Article 1: Freedom, Egalitarianism, Dignity and Brotherhood Article 2: Universality of rights

International Covenant on Civil and Political Rights

Articles 1 and 2: Right to freedom from discrimination
Article 3: Right to life, liberty and security of person
Article 4: Freedom from slavery
Article 5: Freedom from torture or cruel and unusual punishment
Article 6: Right to personhood
Article 7: Equality before the law
Article 8: Right to effective remedy from the law
Article 9: Freedom from arbitrary arrest, detention or exile
Article 10: Right to a fair trial
Article 11.1: Presumption of innocence
Article 11.2: Prohibition of retrospective law
Article 12: Right to privacy
Article 13.1: Freedom of movement
Article 13.2: Right of return
Article 14: Right of asylum
Article 15: Right to a nationality
Article 16: Right to marriage and family life
Article 17: Right to property
Article 18: Freedom of thought, conscience and religion
Article 19: Freedom of opinion and expression and information
Article 20.1: Freedom of assembly
Article 20.2: Freedom of association
Article 21.1: Right to participation in government
Article 21.2: Right of equal access to public office
Article 21.3: Right to universal suffrage

International Covenant on Economic, Social and Cultural Rights

Article 22: Right to social security
Article 23.1: Right to work
Article 23.2: Right to equal pay for equal work
Article 23.3: Right to just remuneration
Article 23.4: Right to join a trade union
Article 24: Right to rest and leisure
Article 25.1: Right to an adequate standard of living
Article 25.2: Right to special care and assistance for mothers and children
Article 26.1: Right to education
Article 26.2: Human rights education
Article 26.3: Right to choice of education
Article 27: Right to science and culture

Context, limitations and duties

Article 28: Social order Article 29.1: Social responsibility Article 29.2: Limitations of human rights Article 29.3: The supremacy of the purposes and principles of the United Nations

Article 30:	Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

Human rights category
Human rights portal

Substantive human rights

Note: What is considered a human right is controversial and not all the topics listed are universally accepted as human rights.

Civil and political	Equality before the law Freedom from arbitrary arrest and detention Freedom of assembly Freedom of association Freedom from cruel and unusual punishment Freedom from discrimination Freedom from exile Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid Liberty LGBT rights Nationality Personhood Presumption of innocence Right of asylum Right to die Right to a fair trial Right to family life Right to keep and bear arms Right to life Right to petition Right to privacy Right to protest Right to refuse medical treatment Right of self-defense Security of person Universal suffrage

Economic, social and cultural	Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to clothing Right to development Right to education Right to food Right to health Right to housing Right to Internet access Right to property Right to public participation Right of reply Right of return Right to science and culture Right to social security Right to water Right to work Trade union membership

Sexual and reproductive	Abortion Family planning Freedom from involuntary female genital mutilation Intersex human rights LGBT rights Reproductive health Right to sexuality

Violations	Corporal punishment

War and conflict	Civilian Combatant Freedom from genocide Prisoner of war War rape

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Arbitrary arrest and detention

Background

International law

See also

References

External links