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].

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

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.

See also

• Forced disappearance
• Extrajudicial punishment
• Secret police
• Habeas corpus
• Human rights
• State of emergency

References

v • d • e Articles of the Universal Declaration of Human Rights   General principles Article 1: Freedom, Egalitarianism, Dignity and Brotherhood Article 2: Universality of rights   International Covenant on Civil and Political Rights 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. Category:Human rights · Human rights portal

v • d • e 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 information) · Freedom of assembly · Freedom of association · Right to protest · Universal suffrage · Marriage · Family life Economic, social and cultural 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 Family planning · Reproductive health · Abortion · Genital integrity · Freedom from involuntary female genital cutting War and conflict Civilian · Combatant · Freedom from genocide · Prisoner of war

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