Arbitrary arrest and detention: Difference between revisions

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	Virtually all individuals who are arbitrarily arrested are given absolutely no explanation as to why they are being arrested, and they are not shown any ].<ref>{{cite web \|title=Human Rights Violations by the Indonesian Armed Forces \|work=Human Rights \|publisher= \| url =http://www.hrw.org/reports/1997/indtimor/Indtimor-04.htm \|date=1998-06-27 \| accessdate =2007-09-30}}</ref> Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held (people also get abused while in jail) ] and their whereabouts can be concealed from their family, associates, the public population and open ]s.<ref>{{cite web \|title=Arbitrary arrest / Incommunicado detention / Risks of ill-treatment - SYR 003 / 0506 / OBS 060 \|work=Human Rights \|publisher= \| url =http://www.fidh.org/spip.php?article3324 \|date=2006-05-15 \| accessdate =2007-09-30}}</ref><ref>{{cite web \|title=Enforced Disappearance and Incommunicado Detention in China \|work=Human Rights \|publisher= \| url =http://www.omct.org/index.php?id=&lang=eng&articleId=7239 \|date=2007-08-31 \| accessdate =2007-09-30}}</ref> Many individuals who are arbitrarily arrested and detained suffer physical or psychological ] during ], as well as ] and other abuses in the hands of those detaining them.{{Citation needed\|date=July 2009}}		Virtually all individuals who are arbitrarily arrested are given absolutely no explanation as to why they are being arrested, and they are not shown any ].<ref>{{cite web \|title=Human Rights Violations by the Indonesian Armed Forces \|work=Human Rights \|publisher= \| url =http://www.hrw.org/reports/1997/indtimor/Indtimor-04.htm \|date=1998-06-27 \| accessdate =2007-09-30}}</ref> Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held (people also get abused while in jail) ] and their whereabouts can be concealed from their family, associates, the public population and open ]s.<ref>{{cite web \|title=Arbitrary arrest / Incommunicado detention / Risks of ill-treatment - SYR 003 / 0506 / OBS 060 \|work=Human Rights \|publisher= \| url =http://www.fidh.org/spip.php?article3324 \|date=2006-05-15 \| accessdate =2007-09-30}}</ref><ref>{{cite web \|title=Enforced Disappearance and Incommunicado Detention in China \|work=Human Rights \|publisher= \| url =http://www.omct.org/index.php?id=&lang=eng&articleId=7239 \|date=2007-08-31 \| accessdate =2007-09-30}}</ref> Many individuals who are arbitrarily arrested and detained suffer physical or psychological ] during ], as well as ] and other abuses in the hands of those detaining them.{{Citation needed\|date=July 2009}}

			In the Commonwealth State of Mauritius, there have been a number of instances of arrests made by the police purely on the basis of a complaint by one person and before any investigation has concluded that an offence has been committed. The system of "arrest first and enquire afterwards is not consonant with the principles of human rights and justice" <ref>{{cite web\|last=Bhadain\|first=Roshi\|title=unlawful arrest\|url=http://www1.gov.mu/scourt/pubjudgment/pubViewDocumentP.do?id=46897\|publisher=Supreme Court}}</ref> <ref>{{cite web\|last=Gulbul\|first=Raouf\|title=Arbitrary Arrest\|url=http://www.defimedia.info/news-sunday/nos-parliament/item/6065-raouf-gulbul--%E2%80%98arrest-first-and-enquire-afterwards-is-not-consonant-with-the-principles-of-human-rights-and-justice%E2%80%99.html\|publisher=Le Defi}}</ref>

	==International law==		==International law==

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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.

Background

Arbitrarily arresting or detaining persons contradicts rule of law established in democracies as well as habeas corpus and is thereafter illegal in those regimes. In practice in the 2000s (decade), arbitrary arrest or detention (the definitions of these terms vary between different national jurisdictions) is typically tolerated by the legal system for a short duration, of a few hours up to a few days, in most democracies, especially in response to political street demonstrations. It is often a characteristic of dictatorships or police states, which may also engage in forced disappearance.

Virtually all individuals who are arbitrarily arrested are given absolutely 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 (people also get abused while in jail) incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts. Many individuals who are arbitrarily arrested and detained suffer physical or psychological torture during interrogation, as well as extrajudicial punishment and other abuses in the hands of those detaining them.

In the Commonwealth State of Mauritius, there have been a number of instances of arrests made by the police purely on the basis of a complaint by one person and before any investigation has concluded that an offence has been committed. The system of "arrest first and enquire afterwards is not consonant with the principles of human rights and justice"

International law

Arbitrarily depriving an individual of their liberty is strictly prohibited by the United Nations' division for human rights. 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.

References

"Freedom from Arbitrary Arrest and Exile". Human Rights Law. United Nations Cyber Schoolbus. 2006-11-09. Retrieved 2007-09-30. {{cite web}}: External link in |publisher= (help)
"Human Rights Violations by the Indonesian Armed Forces". Human Rights. Human Rights Watch. 1998-06-27. Retrieved 2007-09-30. {{cite web}}: External link in |publisher= (help)
"Arbitrary arrest / Incommunicado detention / Risks of ill-treatment - SYR 003 / 0506 / OBS 060". Human Rights. International Federation for Human Rights. 2006-05-15. Retrieved 2007-09-30. {{cite web}}: External link in |publisher= (help)
"Enforced Disappearance and Incommunicado Detention in China". Human Rights. World Organisation Against Torture. 2007-08-31. Retrieved 2007-09-30. {{cite web}}: External link in |publisher= (help)
Bhadain, Roshi. "unlawful arrest". Supreme Court.
Gulbul, Raouf. "Arbitrary Arrest". Le Defi.
"Universal Declaration of Human Rights". Human Rights. United Nations. 1998-12-01. Archived from the original on 29 September 2007. Retrieved 2007-09-30. {{cite web}}: External link in |publisher= (help); Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
International Covenant on Civil and Political Rights, Article 9

UNs Working Group on Arbitrary Detention

Template:Articles of the Universal Declaration of Human Rights

v t e Substantive human rights
What is considered a human right is in some cases controversial; not all the topics listed are universally accepted as human rights
Civil and political	Equality before the law Freedom from arbitrary arrest and detention Freedom of assembly Freedom of association Cruel, inhuman, or degrading treatment Freedom from discrimination Freedom of information Freedom of movement Freedom of religion Freedom from slavery Freedom of speech Freedom of thought Freedom from torture Legal aid LGBT rights Liberty Nationality Personhood Presumption of innocence Right of asylum Right to die Right to a fair trial Right to family life Right to keep and bear arms Right to life Right to petition Right to privacy Right to protest Right to refuse medical treatment Right to resist Right of self-defense Right to truth Security of person Suffrage right to be a candidate Right to homeland
Economic, social and cultural	Digital rights Equal pay for equal work Fair remuneration Labor rights Right to an adequate standard of living Right to clothing Right to development Right to education Right to food Right to health Right to a healthy environment Right to housing Right to Internet access Right to property Right to public participation Right of reply Right to rest and leisure Right of return Right to science and culture Right to social security Right to water Right to work
Sexual and reproductive	Abortion Family planning Freedom from involuntary female genital mutilation Intersex human rights LGBT rights Sexual and reproductive health Right to sexuality

External links

Human Rights First; Behind the Wire: An Update to Ending Secret Detentions (2005)

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