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 questi ...
or
detention of an individual in a case in which there is no likelihood or
evidence that they committed a
crime
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term ''crime'' does not, in modern criminal law, have any simple and universally accepted definition,Farmer, Lindsay: "Crime, definitions of", in C ...
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 ...
. 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). Mos ...
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 hu ...
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
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
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, fre ...
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, fre ...
, 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 harmoni ...
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
*
False arrest
*
False imprisonment
*
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 organi ...
* ''
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, ...
''
*
Kettling
*
Kidnapping
*
Mass arrest
*
Preemptive arrest
*
Preventive detention
*
Retaliatory arrest and prosecution
*
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 ...
*
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