Langbahn Team – Weltmeisterschaft

Arbitrary arrest and detention

Arbitrary arrest and detention is the arrest and 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.[1][2] Arbitrary arrest and detention is similar to but legally distinct from wrongful detention, which is broader in scope and does not involve arrest.[3]

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.[4] 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.[5][6]

International law

Arbitrarily depriving an individual of their liberty 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";[7] 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.[8] The implementation of the Covenants is monitored by the United Nations human rights treaty bodies.

Examples by country

Iraq

In mid-August 2020 protests erupted in the Kurdistan region of Iraq [9] The protests were against corruption, improving public services, and pay owed to government employees. In response, the regional government arbitrarily arrested activists and journalists covering the protests under the pretext of preserving “national security”. Some were detained anywhere from several days to size months.[9]

See also

References

  1. ^ "About arbitrary detention". United Nations Working Group on Arbitrary Detention. United Nations. Retrieved 2025-02-02.
  2. ^ "Freedom from Arbitrary Arrest and Exile". Human Rights Law. United Nations Cyber Schoolbus. 2006-11-09. Archived from the original on 2007-07-17. Retrieved 2007-09-30.
  3. ^ "HOSTAGE & WRONGFUL DETAINEE CRITERIA". James W. Foley Legacy Foundation.
  4. ^ "Human Rights Violations by the Indonesian Armed Forces". Human Rights. Human Rights Watch. 1998-06-27. Retrieved 2007-09-30.
  5. ^ "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.
  6. ^ "Enforced disappearance and incommunicado detention". World Organisation Against Torture. 2007-08-31. Archived from the original on Jun 3, 2010. Retrieved 2007-09-30.
  7. ^ "Universal Declaration of Human Rights". United Nations. 1998-12-01. Archived from the original on 29 September 2007. Retrieved 2007-09-30.
  8. ^ International Covenant on Civil and Political Rights, Article 9
  9. ^ a b "Kurdistan region of Iraq: Authorities must end protests-related repression". Amnesty International. Amnesty International. 2021-06-15. Retrieved 2025-02-02.
Quelle: https://en.wikipedia.org/wiki/Arbitrary_imprisonment