digplanet beta 1: Athena
Share digplanet:

Agriculture

Applied sciences

Arts

Belief

Business

Chronology

Culture

Education

Environment

Geography

Health

History

Humanities

Language

Law

Life

Mathematics

Nature

People

Politics

Science

Society

Technology

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.[1]

Background[edit]

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.[citation needed]

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.[2] 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.[3][4] 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.[citation needed]

International law[edit]

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";[5] 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.[6]

See also[edit]

References[edit]

  1. ^ "Freedom from Arbitrary Arrest and Exile". Human Rights Law. United Nations Cyber Schoolbus. 2006-11-09. Retrieved 2007-09-30. 
  2. ^ "Human Rights Violations by the Indonesian Armed Forces". Human Rights. Human Rights Watch. 1998-06-27. Retrieved 2007-09-30. 
  3. ^ "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. 
  4. ^ "Enforced Disappearance and Incommunicado Detention in China". Human Rights. World Organisation Against Torture. 2007-08-31. Retrieved 2007-09-30. 
  5. ^ "Universal Declaration of Human Rights". Human Rights. United Nations. 1998-12-01. Archived from the original on 29 September 2007. Retrieved 2007-09-30. 
  6. ^ International Covenant on Civil and Political Rights, Article 9

UNs Working Group on Arbitrary Detention

External links[edit]



Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Arbitrary_arrest_and_detention — Please support Wikipedia.
This page uses Creative Commons Licensed content from Wikipedia. A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia.
8877 videos foundNext > 

Arbitrary Arrest, Detention And Exile

According to the Article 9 of the Universal Declaration of Human Rights adopted by the United Nations on December 10, 1948: - No one shall be subjected to ar...

Salman Rushdie: Readings Against Torture and Arbitrary Detention (2005)

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 committ...

ABS CBN TV Patrol Bikol Illegal Arrest and Arbitrary Detention, Feb 24,2014

Karapatan-Bicol denounces the lies and half truth weaved by Albay Power Energy Corporation (APEC), the entity that manages ALECO for San Miguel Corporation G...

arbitrary arrest of a foreign tourist/freelance journalist by turkish police in istanbul

PLEASE SPREAD THIS VIDEO TO FIND OUT WHO HE IS AND WHERE HE IS!!!! arbitrary arrest of a foreign tourist/freelance journalist by the radical islamic turkish ...

Man from Beit Leed Arbitrarily Detained and Tortured (28 days, 18th July-14th August 2014)

A high flying computer engineer from Beit Leed (twinned with Pendle, Lancs.) was arbitrarily arrested and detained for 28 days, tortured and kept in total is...

President Could Order Military Arrest and Indefinite Detention

FAIR USE NOTICE: This video may contain copyrighted material. Such material is made available for educational purposes only. This constitutes a 'fair use' of...

North Korea says to try two detained U.S. citizens

For more Latest and Breaking News Headlines SUBSCRIBE to https://www.youtube.com/user/Worldbreakingnewsnow North Korea said on Monday it would put two U.S. t...

Egypt: Hope for a better future | ICTJ

On the 25th of January, the Egyptian people responded to a call to go out and express anger against the dictatorship of Mubarak, a system where torture, arbi...

UDHR Article 9 and Daniel's opinion

Arbitrary Arrest and Detention.

Leaked testimonies of prisoners in Egyptian jails point to arbitrary arrests

The videos were the first to show the detainees giving an account of prison conditions from within their cells. They show prisoners saying they had been beat...

8877 videos foundNext > 

62 news items

 
AllAfrica.com
Thu, 21 Aug 2014 01:37:30 -0700

... of the country's intelligence under questionable circumstances, the pre-trial procedures that trailed the arrest showed that the country's legal instruments and its obligations to international rights norms such as the prohibition on arbitrary ...

Onislam.net

Onislam.net
Mon, 18 Aug 2014 08:11:15 -0700

Along with killing, kidnapping, torture and arbitrary arrest and detention, in the war-torn CAR, a UN investigation found evidences of sexual violence. Inter-religious violence has claimed thousands of lives and displaced a million people in the ...
 
IFEX
Tue, 05 Aug 2014 14:33:57 -0700

The Institute for Reporters' Freedom and Safety (IRFS) condemns in the strongest possible terms today's [2 August 2014] arrest and fabricated charges of “illegal entrepreneurship”, “power abuse” and “tax evasion” brought against human rights defender ...
 
Huffington Post
Tue, 05 Aug 2014 17:57:35 -0700

... blasphemy laws foster an environment of intolerance and impunity, and lead to violations of a broad range of human rights, including the obvious rights to freedom of expression and freedom of religion, as well as freedom from arbitrary arrest and ...
 
Chicago Sun-Times
Tue, 29 Jul 2014 14:22:30 -0700

... provocations: in this case, the extraordinary intensification of Israeli harassment of Palestinians in the West Bank, involving the shooting in cold blood of unarmed civilians — including children — and the arbitrary arrest and detention, over a ...
 
Phuketwan
Tue, 05 Aug 2014 20:26:18 -0700

Kyaw Hla Aung has endured a cycle of arbitrary arrest and detention. The authorities previously detained him from June 11 to August 16, 2012. In 1986, the ruling military regime arrested him for working to protect the rights of landowners. Freed in ...

Breitbart News

Breitbart News
Thu, 31 Jul 2014 11:33:45 -0700

The principal human rights problems reported were killings and torture by security forces; harsh prison conditions; allegations of arbitrary arrest and detention; an ineffective, overburdened, and corrupt judiciary; a "partly free" media; corruption ...
 
The News International
Thu, 31 Jul 2014 19:15:00 -0700

These rights include the right to life and liberty, the right against arbitrary arrest and detention, the right to a fair trial, the right not to be forced into slavery or forced labour, the right to be protected against retrospective punishment, the ...
Loading

Oops, we seem to be having trouble contacting Twitter

Talk About Arbitrary arrest and detention

You can talk about Arbitrary arrest and detention with people all over the world in our discussions.

Support Wikipedia

A portion of the proceeds from advertising on Digplanet goes to supporting Wikipedia. Please add your support for Wikipedia!