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Detainment
Detention is the process whereby a state or private citizen lawfully holds a person by removing their freedom or liberty at that time. This can be due to (pending) criminal charges preferred against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation or as punishment for a crime (see prison). An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily. They may also be detained for to prevent the spread of infectious diseases such as tuberculosis. The term can also be used in reference to the holding of property for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest. Detainee is a term used by certain governments and their armed forces to refer to individuals held in custody, such as those it does not classify and tr ...
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Property
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with rega ...
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Imprisonment
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 incarceration of women, 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 f ...
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Fourth Geneva Convention
The Geneva Convention relative to the Protection of Civilian Persons in Time of War, more commonly referred to as the Fourth Geneva Convention and abbreviated as GCIV, is one of the four treaties of the Geneva Conventions. It was adopted in August 1949, and came into force in October 1950. While the first three conventions dealt with combatants, the Fourth Geneva Convention was the first to deal with humanitarian protections for civilians in a war zone. There are currently 196 countries party to the 1949 Geneva Conventions, including this and the other three treaties. The Additional Protocol I to the Geneva Conventions (AP-1) was completed in 1977. Its "Basic Rule" as regards Civilian Persons (CP) prohibits all intentional attacks on "the civilian population and civilian objects." It prohibits and defines "Indiscriminate attacks". "Incidental loss of civilian life, injury to civilians, nddamage to civilian objects" is also covered. Even an attack not aimed at civilians is prohib ...
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Wars
War is an intense armed conflict between states, governments, societies, or paramilitary groups such as mercenaries, insurgents, and militias. It is generally characterized by extreme violence, destruction, and mortality, using regular or irregular military forces. Warfare refers to the common activities and characteristics of types of war, or of wars in general. Total war is warfare that is not restricted to purely legitimate military targets, and can result in massive civilian or other non-combatant suffering and casualties. While some war studies scholars consider war a universal and ancestral aspect of human nature, others argue it is a result of specific socio-cultural, economic or ecological circumstances. Etymology The English word ''war'' derives from the 11th-century Old English words ''wyrre'' and ''werre'', from Old French ''werre'' (also ''guerre'' as in modern French), in turn from the Frankish *''werra'', ultimately deriving from the Proto-Germanic *''we ...
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Exile
Exile is primarily penal expulsion from one's native country, and secondarily expatriation or prolonged absence from one's homeland under either the compulsion of circumstance or the rigors of some high purpose. Usually persons and peoples suffer exile, but sometimes social entities like institutions (e.g. the papacy or a government) are forced from their homeland. In Roman law, ''exsilium'' denoted both voluntary exile and banishment as a capital punishment alternative to death. Deportation was forced exile, and entailed the lifelong loss of citizenship and property. Relegation was a milder form of deportation, which preserved the subject's citizenship and property. The term diaspora describes group exile, both voluntary and forced. "Government in exile" describes a government of a country that has relocated and argues its legitimacy from outside that country. Voluntary exile is often depicted as a form of protest by the person who claims it, to avoid persecution and prosecu ...
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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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Universal Declaration Of Human Rights
The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal Declaration of Human Rights, committee chaired by Eleanor Roosevelt, it was accepted by the General Assembly as United Nations General Assembly Resolution 217, Resolution 217 during Third session of the United Nations General Assembly, its third session on 10 December 1948 at the Palais de Chaillot in Paris, France. Of the 58 members of the United Nations at the time, 48 voted in favour, none against, eight abstentions, abstained, and two did not vote. A foundational text in the History of human rights, history of human and civil rights, the Declaration consists of 30 articles detailing an individual's "basic rights and fundamental freedoms" and affirming their universal character as inherent, inalienable, and applicable to all human beings. ...
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Guantánamo Bay
Guantánamo Bay ( es, Bahía de Guantánamo) is a bay in Guantánamo Province at the southeastern end of Cuba. It is the largest harbor on the south side of the island and it is surrounded by steep hills which create an enclave that is cut off from its immediate hinterland. The United States assumed territorial control over the southern portion of Guantánamo Bay under the 1903 Lease. The United States exercises jurisdiction and control over this territory, while recognizing that Cuba retains ultimate sovereignty. The government of Cuba regards the U.S. presence in Guantánamo Bay as an illegal occupation on the basis that the Cuban–American Treaty "was obtained by threat of force and is in violation of international law." Some legal scholars judge that the lease may be voidable. It is the home of the Guantanamo Bay Naval Base and the Guantanamo Bay detention camp located within the base, which are both governed by the United States. Since the 1959 revolution, Cuba has onl ...
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Prisoner
A prisoner (also known as an inmate or detainee) is a person who is deprived of liberty against their will. This can be by confinement, captivity, or forcible restraint. The term applies particularly to serving a prison sentence in a prison. English law "Prisoner" is a legal term for a person who is imprisoned. In section 1 of the Prison Security Act 1992, the word "prisoner" means any person for the time being in a prison as a result of any requirement imposed by a court or otherwise that he be detained in legal custody. "Prisoner" was a legal term for a person prosecuted for felony. It was not applicable to a person prosecuted for misdemeanour. The abolition of the distinction between felony and misdemeanour by section 1 of the Criminal Law Act 1967 has rendered this distinction obsolete. Glanville Williams described as "invidious" the practice of using the term "prisoner" in reference to a person who had not been convicted. History The earliest evidence of the existen ...
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Suspect
In law enforcement jargon, a suspect is a known person accused or suspected of committing a crime. Police and reporters in the United States often use the word suspect as a jargon when referring to the perpetrator of the offense (perp in dated US slang). However, in official definition, the perpetrator is the robber, assailant, counterfeiter, etc.—the person who committed the crime. The distinction between suspect and perpetrator recognizes that the suspect is not ''known'' to have committed the offense, while the perpetrator—who may not yet have been suspected of the crime, and is thus not necessarily a suspect—is the one who did. The suspect may be a different person from the perpetrator, or there may have been no actual crime, which would mean there is no perpetrator. A common error in police reports is a witness description of the suspect (as a witness generally describes a perpetrator, while a mug shot is of a suspect). Frequently it is stated that police are looking ...
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