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{{short description|Arrest or detention without evidence or likelihood of crime or without due process}}Arbitrary arrest and arbitrary detention is 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 or order.WEB, Freedom from Arbitrary Arrest and Exile, Human Rights Law, United Nations Cyber Schoolbus,weblink 2006-11-09, 2007-09-30, dead,weblink" title="web.archive.org/web/20070717235004weblink">weblink 2007-07-17,

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.WEB, Human Rights Violations by the Indonesian Armed Forces, Human Rights, Human Rights Watch,weblink 1998-06-27, 2007-09-30, Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held (Wiktionary:incommunicado|incommunicado) and their whereabouts can be concealed from their family, associates, the public population and open trial courts.WEB, Arbitrary arrest / Incommunicado detention / Risks of ill-treatment - SYR 003 / 0506 / OBS 060, Human Rights, International Federation for Human Rights,weblink 2006-05-15, 2007-09-30, WEB, Enforced disappearance and incommunicado detention, World Organisation Against Torture,weblink 2007-08-31, 2007-09-30, dead,weblink" title="web.archive.org/web/20100603201421weblink">weblink Jun 3, 2010,

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";WEB, Universal Declaration of Human Rights, United Nations,weblink 1998-12-01, 2007-09-30,weblink" title="web.archive.org/web/20070929113731weblink">weblink 29 September 2007, dead, 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 human rights treaty bodies.

Examples

Former Iraqi president and dictator Saddam Hussein subjected people to arbitrary arrest, including people in Kuwait during the First Gulf War. Saudi Arabia and Iran also do similar things.WEB, Saudi Arabia: arrests of dissidents and torture allegations continue,weblink 2023-09-15, The Guardian, 4 Nov 2019, Michael, Safi, live,weblink Dec 8, 2022, MAGAZINE, Kelly, Michael, 1991-03-24, The Rape and Rescue of Kuwaiti City, The New Republic,weblink 2023-09-15, 0028-6583, NEWS, 2022-06-16, Jamal Khashoggi: Saudi embassy street in US renamed after murdered journalist, en-GB, BBC News,weblink Raffi, Berg, 2023-09-15, NEWS, 2023-04-25, Iran protests: Secret committee 'punished celebrities over dissent', en-GB, BBC News,weblink Parham, Ghobadi, 2023-09-15, WEB, Mostafa, Salem, Catherine, Nicholls, James, Frater, 2023-05-26, Belgian aid worker jailed in Iran is freed after prisoner swap deal,weblink 2023-09-15, CNN, en,

See also

• Administrative detention
• Contempt of cop
• False arrest
• False imprisonment
• Forced disappearance
• Habeas corpus
• Kettling
• Kidnapping
• Mass arrest
• Preemptive arrest
• Preventive detention
• Retaliatory arrest and prosecution
• Secret police
• Working Group on Arbitrary Detention

References

{{Reflist}}

External links

• weblink" title="web.archive.org/web/20100621091027weblink">Behind the Wire: An Update to Ending Secret Detentions (2005), Human Rights First

{{World topic|title=Arbitary arrest and detention by country|prefix=Arbitrary arrest and detention in|noredlinks=yes}}{{Particular human rights}}