Arbitrary arrest and detention: Difference between revisions

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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 or order.^[1]

Background

Virtually all individuals who are arbitrarily arrested are given 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]

International law

Arbitrarily depriving an individual of their liberty is prohibited under international human rights law. 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] The implementation of the Covenants is monitored by the the United Nations human rights treaty bodies.

References

^ "Freedom from Arbitrary Arrest and Exile". Human Rights Law. United Nations Cyber Schoolbus. 2006-11-09. Archived from the original on 2007-07-17. 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

[1] "Freedom from Arbitrary Arrest and Exile". Human Rights Law. United Nations Cyber Schoolbus. 2006-11-09. Archived from the original on 2007-07-17. Retrieved 2007-09-30.

[2] "Human Rights Violations by the Indonesian Armed Forces". Human Rights. Human Rights Watch. 1998-06-27. Retrieved 2007-09-30.

[3] "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.

[4] "Enforced Disappearance and Incommunicado Detention in China". Human Rights. World Organisation Against Torture. 2007-08-31. Retrieved 2007-09-30.

[5] "Universal Declaration of Human Rights". Human Rights. United Nations. 1998-12-01. Archived from the original on 29 September 2007. Retrieved 2007-09-30.

[6] International Covenant on Civil and Political Rights, Article 9

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 ==International law==
-Arbitrarily depriving an individual of their [[liberty]] is 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";<ref>{{cite web |title=Universal Declaration of Human Rights |work=Human Rights |publisher=United Nations | url =https://www.un.org/Overview/rights.html |date=1998-12-01 | access-date =2007-09-30| archive-url= https://web.archive.org/web/20070929113731/http://www.un.org/Overview/rights.html| archive-date= 29 September 2007 | url-status= live}}</ref> that is, no individual, regardless of circumstances, is to be deprived of their liberty or [[exile]]d 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.<ref>[[International Covenant on Civil and Political Rights]], Article 9</ref>
+Arbitrarily depriving an individual of their [[liberty]] is prohibited under international [[human rights]] law. Article 9 of the 1948 [[Universal Declaration of Human Rights]] decrees that "no one shall be subjected to arbitrary arrest, detention or exile";<ref>{{cite web |title=Universal Declaration of Human Rights |work=Human Rights |publisher=United Nations | url =https://www.un.org/Overview/rights.html |date=1998-12-01 | access-date =2007-09-30| archive-url= https://web.archive.org/web/20070929113731/http://www.un.org/Overview/rights.html| archive-date= 29 September 2007 | url-status= live}}</ref> that is, no individual, regardless of circumstances, is to be deprived of their liberty or [[exile]]d 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.<ref>[[International Covenant on Civil and Political Rights]], Article 9</ref> The implementation of the Covenants is monitored by the the [[United Nations]] human rights treaty bodies.
 ==See also==

v t e Substantive human rights
What is considered a human right is in some cases controversial; 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 Cruel, inhuman, or degrading treatment Freedom from discrimination Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid LGBT rights Liberty 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 to resist Right of self-defense Right to truth Security of person Suffrage right to be a candidate Right to homeland
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 a healthy environment Right to housing Right to Internet access Right to property Right to public participation Right of reply Right to rest and leisure Right of return Right to science and culture Right to social security Right to water Right to work
Sexual and reproductive	Abortion Family planning Freedom from involuntary female genital mutilation Intersex human rights LGBT rights Sexual and reproductive health Right to sexuality