Arbitrary Arrest and Detention - Background

Background

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.

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. 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. 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.

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