Arbitrary Arrest And Detention
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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 or order. 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. 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. 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"; that is, no individual, regardless of circumstances, is to be depri ...
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Arrest
An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be questioned further and/or charged. An arrest is a procedure in a criminal justice system, sometimes it is also done after a court warrant for the arrest. Police and various other officers have powers of arrest. In some places, a citizen's arrest is permitted; for example in England and Wales, any person can arrest "anyone whom he has reasonable grounds for suspecting to be committing, have committed or be guilty of committing an indictable offence", although certain conditions must be met before taking such action. Similar powers exist in France, Italy, Germany, Austria and Switzerland if a person is caught in an act of crime and not willing or able to produce valid ID. As a safeguard against the abuse of power, many countries require that ...
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False Arrest
False arrest, Unlawful arrest or Wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms. United Kingdom In the United Kingdom, a police officer may arrest a person if they are executing a warrant, if they have a "reasonable belief" that someone is involved in a criminal offence, or if they have a reasonable belief that someone is about to be involved in a criminal offence ''and'' it is necessary to arrest that person. Proof of wrongful arrest depends on proving that an officer did not have a reasonable belief and that it was not necessary to arrest someone. Most cases where unlawful arrest was determined emerge from a claim that an arrest was unnecessary. The specific legislation governing, in England and Wales, the r ...
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Counterterrorism
Counterterrorism (also spelled counter-terrorism), also known as anti-terrorism, incorporates the practices, military tactics, techniques, and strategies that Government, governments, law enforcement, business, and Intelligence agency, intelligence agencies use to combat or eliminate terrorism. Counterterrorism strategies are a government's motivation to use the instruments of national power to defeat terrorists, the organizations they maintain, and the networks they contain. If Definition of terrorism, definitions of terrorism are part of a broader insurgency, counterterrorism may employ counterinsurgency measures. The United States Armed Forces uses the term foreign internal defense for programs that support other countries' attempts to suppress insurgency, lawlessness, or subversion, or to reduce the conditions under which threats to national security may develop. History The first counter-terrorism body formed was the Special Irish Branch of the Metropolitan Police, later ...
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Imprisonment And Detention
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessarily imply a place of confinement, with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply an actual confinement in a jail or prison employed for the purpose according to the provisions of the law. Sometimes gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan Africa for pre-trial detention, ...
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Working Group On Arbitrary Detention
The Working Group on Arbitrary Detention (WGAD) is a body of independent human rights experts that investigate cases of arbitrary arrest and detention. Arbitrary arrest and detention is the imprisonment or detainment of an individual, by a State, without respect for due process. These actions may be in violation of international human rights law. The Working Group was established by resolution in 1991 by the former Commission on Human Rights. It is one of the thematic special procedures overseen by the United Nations Human Rights Council, and is therefore a subsidiary body of the UN. In 2019, Cambridge University Press published ''The UN Working Group on Arbitrary Detention: Commentary and Guide to Practice'', by international human rights lawyer Jared Genser, who has a 45–0 record litigating cases before the body.  This 650-page treatise is the only book-length how-to guide and commentary on the body's jurisprudence and Genser is now providing this book as a free, publicly avail ...
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Secret Police
Secret police (or political police) are intelligence, security or police agencies that engage in covert operations against a government's political, religious, or social opponents and dissidents. Secret police organizations are characteristic of authoritarian and totalitarian regimes. They protect the political power of a dictator or regime and often operate outside the law to repress dissidents and weaken political opposition, frequently using violence. History Africa Uganda In Uganda, the State Research Bureau (SRB) was a secret police organisation for President Idi Amin. The Bureau tortured many Ugandans, operating on behalf of a regime responsible for more than five hundred thousand violent deaths. The SRB attempted to infiltrate every area of Ugandan life. Asia China In East Asia, the ''jinyiwei'' (Embroidered Uniform Guard) of the Ming Dynasty was founded in the 1360s by the Hongwu Emperor and served as the dynasty's secret police until the collapse of Ming ru ...
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Retaliatory Arrest And Prosecution
A retaliatory arrest or retaliatory prosecution is an arrest or prosecution undertaken in retaliation for a person's exercise of their civil rights. It is a form of prosecutorial misconduct. United States In '' Hartman v. Moore'' in 2006, the United States Supreme Court ruled that for a prosecution to be found retaliatory, it must have been brought without probable cause. In the 2018 case of '' Lozman v. City of Riviera Beach'', Riviera Beach, Florida argued that the logic of ''Hartman'' extended to retaliatory arrest. The Supreme Court issued a narrow ruling that plaintiff Fane Lozman was able to bring the claim despite there having been probable cause for his arrest. A year later, they answered the broader question, holding in '' Nieves v. Bartlett'' that probable cause defeats a claim of retaliatory arrest unless the plaintiff can show that others are typically not been arrested for similar conduct. See also * Contempt of cop * Arbitrary arrest and detention * 42 U ...
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Preventive Detention
Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent (further) criminal acts. Types of preventive detention There is no universally agreed definition of preventive detention, and multiple types of detention are sometimes considered a form of preventive detention. Usually, preventive detention is the detention of a convicted criminal who has served their sentence, but is considered too dangerous to release. In that case, the detention is considered "preventive" in that it is not intended to punish or deter the criminal, but to prevent the criminal from committing further crimes and/or also protect the public. This article focuses on both this type of preventive detention and detention of a person without trial or conviction by a court. Its purpose is to not to punish a person for their past offences, but to prevent him from committing an offence in the near future. Remand or pre-trial detention (detention of a susp ...
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Preemptive Arrest
A preemptive arrest is one in which a person is arrested prior to committing a crime. Preemptive arrests are sometimes viewed with suspicion as being contrary to the principles of a democracy. This practice is distinct from an arrest on a charge of conspiracy to commit a crime, which for example in the United States federal system is itself a crime. A conspiracy charge in this system must be proven beyond a reasonable doubt, and requires that two or more parties have agreed to or planned to commit a crime and have taken concrete action to advance this plot. See also * Administrative detention * Arbitrary arrest and detention * Mass arrest * Pre-crime * Preventive detention Preventive detention is an imprisonment that is putatively justified for non-punitive purposes, most often to prevent (further) criminal acts. Types of preventive detention There is no universally agreed definition of preventive detention, and mu ... References Crime Police misconduct {{crime-stub ...
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Mass Arrest
A mass arrest occurs when police apprehend large numbers of suspects at once. This sometimes occurs at protests. Some mass arrests are also used in an effort to combat gang activity. This is sometimes controversial, and lawsuits sometimes result. In police science, it is deemed to be good practice to plan for the identification of those arrested during mass arrests, since it is unlikely that the officers will remember everyone they arrested. Historical examples The Japan Farmers' Union and Japanese labor-farmer groups were hit by mass arrests in the 1920s. On April 16, 1929, several thousand members of the farmers' movement were arrested. Following World War II, mass arrests (over 120,000) of actual and suspected Quislings occurred in Norway. Totalitarian regimes have sometimes conducted mass arrests as a prelude to a purge of perceived political enemies, sometimes through executions. On March 10, 2010 a mass crackdown was initiated to thwart a planned peaceful 'million march' to ...
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Kidnapping
In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the perpetrator may use a weapon to force the victim into a vehicle, but it is still kidnapping if the victim is enticed to enter the vehicle willingly (e.g. in the belief that it is a taxicab). Kidnapping may be done to demand for ransom in exchange for releasing the victim, or for other illegal purposes. Kidnapping can be accompanied by bodily injury which elevates the crime to aggravated kidnapping. Kidnapping of a child is known as child abduction, which is a separate legal category. Motivations Kidnapping of children is usually done by one parent or others. The kidnapping of adults is often for ransom or to force someone to withdraw money from an Automated teller machine, ATM, but may also be for sexual assault. Children have also been ...
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Kettling
Kettling (also known as containment or corralling) is a police tactic for controlling large crowds during demonstrations or protests. It involves the formation of large cordons of police officers who then move to contain a crowd within a limited area. Protesters either leave through an exit controlled by the police, leave through an uncontrolled gap in the cordons, or are contained, prevented from leaving, and arrested. The tactic has proved controversial, in part because it has resulted in the detention of ordinary bystanders as well as protesters. In March 2012 kettling was ruled lawful by the European Court of Human Rights following a legal challenge. Tactics The term "kettle" is a metaphor, likening the containment of protesters to the containment of heat and steam within a domestic kettle. Its modern English usage may come from " kessel"literally a cauldron, or kettle in Germanthat describes an encircled army about to be annihilated by a superior force. A cauldron is e ...
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