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Arbitrary arrest and arbitrary detention are the
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 quest ...
or detention of an individual in a case in which there is no likelihood or
evidence Evidence for a proposition is what supports this proposition. It is usually understood as an indication that the supported proposition is true. What role evidence plays and how it is conceived varies from field to field. In epistemology, evidenc ...
that they committed a crime against legal statute, or in which there has been no proper
due process Due process of law is application by state of all legal rules and principles pertaining to the case so all legal rights that are owed to the person are respected. Due process balances the power of law of the land and protects the individual per ...
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 An arrest warrant is a warrant issued by a judge or magistrate on behalf of the state, which authorizes the arrest and detention of an individual, or the search and seizure of an individual's property. Canada Arrest warrants are issued by a ju ...
. 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 court A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mo ...
s.


International law

Arbitrarily depriving an individual of their
liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...
is prohibited under international
human rights Human rights are moral principles or normsJames Nickel, with assistance from Thomas Pogge, M.B.E. Smith, and Leif Wenar, 13 December 2013, Stanford Encyclopedia of PhilosophyHuman Rights Retrieved 14 August 2014 for certain standards of hum ...
law. Article 9 of the 1948
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 rights and freedoms of all human beings. Drafted by a UN committee chaired by Eleanor Roosevelt, ...
decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; that is, no individual, regardless of circumstances, is to be deprived of their liberty or
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 suf ...
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 The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
specifies the protection from arbitrary arrest and detention by the Article 9.
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom ...
, Article 9 The implementation of the Covenants is monitored by the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...
human rights treaty bodies.


See also

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Administrative detention Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries claim to use administrative detention as a means to combat terrorism ...
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Contempt of cop "Contempt of cop" is law enforcement jargon in the United States for behavior by people toward law enforcement officers that the officers perceive as disrespectful or insufficiently deferential to their authority. It is a play on the phrase ''conte ...
*
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 su ...
*
False imprisonment False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is ...
*
Forced disappearance An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a state or political organization, or by a third party with the authorization, support, or acquiescence of a state or political organiza ...
* ''
Habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...
'' *
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 l ...
*
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 ...
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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. ...
*
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 ...
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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 mu ...
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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, ...
*
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 ...
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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, wi ...


References


External links


Behind the Wire: An Update to Ending Secret Detentions (2005)
Human Rights First {{DEFAULTSORT:Arbitrary Arrest And Detention Imprisonment and detention Counterterrorism Emergency laws Human rights abuses Kidnapping Political repression Law enforcement Enforced disappearance Police misconduct