Arbitrary arrest and detention.html

Arbitrary arrest and detention, or (AAD), is the arrest and detention of an individual in a case in which there is no likelihood or evidence that he or she committed a crime against legal statute, or in which there has been no proper due process of law^[1].

1 Arbitrary arrest and detention
2 International law
3 References
4 See also

Arbitrary arrest and detention

Arbitrarily arresting and detaining persons contradicts rule of law established in democracies as well as habeas corpus and is thereafter illegal in those regimes. 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^[2]. The vast majority of arbitrarily arrested individuals are held incommunicado and their whereabouts are concealed from their family, associates, the public population and the open trial courts^[3]^[4]. Many individuals who are arbitrarily arrested and detained suffer physical and/or psychological torture during interrogation, as well as extrajudicial punishment and other abuses in the hands of those detaining them.

International law

Arbitrarily depriving an individual of their liberty is strictly prohibited by the United Nations' division for human rights. Article 55 of the 2002 Rome Statute of the International Criminal Court declares such a practice by government a major crime^[5]. Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"^[6]; 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.

References

^ "Freedom from Arbitrary Arrest and Exile". Human Rights Law. United Nations Cyber Schoolbus (2006-11-09). Retrieved on 2007-09-30.
^ "Human Rights Violations by the Indonesian Armed Forces". Human Rights. Human Rights Watch (1998-06-27). Retrieved on 2007-09-30.
^ "Arbitrary arrest / Incommunicado detention / Risks of ill-treatment - SYR 003 / 0506 / OBS 060". Human Rights. International Federation for Human Rights (2006-05-15). Retrieved on 2007-09-30.
^ "Enforced Disappearance and Incommunicado Detention in China". Human Rights. World Organisation Against Torture (2007-08-31). Retrieved on 2007-09-30.
^ "Rome Statute of the International Criminal Court". International Law. United Nations (1998-07-17). Retrieved on 2007-09-30.
^ "Universal Declaration of Human Rights". Human Rights. United Nations (1998-12-01). Retrieved on 2007-09-30.

Article 1 and 2: Right to freedom from discrimination · Article 3: Right to life, liberty and security of person · Article 4: Freedom from slavery · Article 5: Freedom from torture and cruel and unusual punishment · Article 6: Right to personhood · Article 7: Equality before the law · Article 8: Right to effective remedy from the law · Article 9: Freedom from arbitrary arrest, detention and exile · Article 10: Right to a fair trial · Article 11.1: Presumption of innocence · Article 11.2: Prohibition of retrospective law · Article 12: Right to privacy · Article 13: Freedom of movement · Article 14: Right of asylum · Article 15: Right to a nationality · Article 16: Right to marriage and family life · Article 17: Right to property · Article 18: Freedom of thought, conscience and religion · Article 19: Freedom of opinion and expression · Article 20.1: Freedom of assembly · Article 20.2: Freedom of association · Article 21.1: Right to participation in government · Article 21.2: Right of equal access to public office · Article 21.3: Right to universal suffrage

International Covenant on Economic, Social and Cultural Rights

Article 1 and 2: Right to freedom from discrimination · Article 22: Right to social security · Article 23.1: Right to work · Article 23.2: Right to equal pay for equal work · Article 23.3: Right to just remuneration · Article 23.4: Right to join a trade union · Article 24: Right to rest and leisure · Article 25.1: Right to an adequate standard of living · Article 25.2: Right to special care and assistance for mothers and children · Article 26.1: Right to education · Article 26.2: Human rights education · Article 26.3: Right to choice of education · Article 27.1: Right to participate in culture · Article 27.2: Right to intellectual property

Context, limitations and duties

Article 28: Social order · Article 29.1: Social responsibility · Article 29.2: Limitations of human rights · Article 29.3: The supremacy of the purposes and principles of the United Nations
Article 30: Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.

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Human rights

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International institutions	Committee on the Rights of the Child · International Criminal Court · Human Rights Commission · Human Rights Committee · Human Rights Council · UN Security Council

Regional bodies	African Commission on Human and Peoples' Rights · African Court on Human and Peoples' Rights · African Court of Justice · European Court of Human Rights · European Committee for the Prevention of Torture · Inter-American Commission on Human Rights · Inter-American Court of Human Rights

Multi-lateral bodies	European Union · Council of Europe · Organisation of American States (OAS) · UN High Commissioner for Refugees (UNHCR) · UN Office for the Coordination of Humanitarian Affairs (UNOCHA) · International Labour Organization (ILO) · World Health Oragnization (WHO) · UN Educational, Scientific and Cultural Organization (UNESCO) · Joint UN Programme on HIV/AIDS (UNAIDS) · UN Department of Economic and Social Affairs (UNDESA) · Commission on the Status of Women (CSW) · UN Population Fund (UNFPA) · UN Children's Fund (UNICEF) · UN Development Fund for Women (UNIFEM) · UN Development Programme (UNDP) · Food and Agriculture Organization of the UN (FAO) · UN Human Settlements Programme (UN-HABITAT)

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Regional law

African Charter on Human and Peoples' Rights · American Convention on Human Rights · European Convention on Human Rights · European Convention for the Prevention of Torture · European Social Charter · Inter-American Convention on Forced Disappearance of Persons · Inter-American Convention to Prevent and Punish Torture · Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women · Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities

International humanitarian law

Convention on the Prevention and Punishment of the Crime of Genocide · Convention Relating to the Status of Refugees · Protocol Relating to the Status of Refugees · Geneva Conventions · Hague Conventions · Rome Statute of the International Criminal Court

Concepts that may be considered as human rights

Civil and political	Freedom from discrimination · Right to life · Right to die · Security of person · Liberty · Freedom of movement · Freedom from slavery · Personhood · Right to bear arms · Equality before the law · Adequate remedy · Freedom from arbitrary arrest and detention · Freedom from torture · Freedom from cruel and unusual punishment · Right to a fair trial · Presumption of innocence · Right of asylum · Nationality · Freedom from exile · Privacy · Freedom of thought and conscience · Freedom of religion · Freedom of expression · Freedom of assembly · Freedom of association · Right to protest · Universal suffrage · Marriage · Family life

Economic and social	Labor rights · Fair remuneration · Equal pay for equal work · Trade union membership · Right to social security · Leisure and rest · Right to work · Right to property (and intellectual) · Right to culture · Right to public participation · Right to education · Right to adequate standard of living · Right to development · Right to health · Right to healthcare · Right to water · Right to food

Reproductive rights	Family planning · Reproductive health · Abortion · Genital integrity · Freedom from involuntary female genital cutting

War and conflict	Civilian · Combatant · Prisoner of war

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