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 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
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 courts.
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 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 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.
[ International Covenant on Civil and Political Rights, 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
*
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 ...
*
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
*
Forced disappearance
* ''
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 ...
*
Mass arrest
*
Preemptive arrest
*
Preventive detention
*
Retaliatory arrest and prosecution
*
Secret police
*
Working Group on Arbitrary Detention
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