Social:Arbitrary arrest and detention

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Short description: Deprivation of liberty without regard to applicable law
A black-and-white photo of refugees standing behind a wire fence.
Arrested refugee-immigrants in Fylakio detention center, Evros, Greece.

Arbitrary arrest and 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.[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 Committee.[9][10]

Examples by country

Angola

This section is an excerpt from Human rights in Angola#Rights of persons under arrest[ edit ]

Azerbaijan

This section is an excerpt from Anti-Armenian sentiment in Azerbaijan § Arbitrary arrest and detention[ edit ]

Bolivia

This section is an excerpt from Human rights in Bolivia#Rights of persons under arrest[ edit ]

Democratic Republic of the Congo

This section is an excerpt from Human rights in the Democratic Republic of the Congo#Arbitrary arrest or detention[ edit ]

Guinea

This section is an excerpt from Human rights in Guinea#Arbitrary arrest and torture[ edit ]

Iran

Iran has been widely criticized for arbitrary arrests and detentions, particularly of journalists, activists, dual nationals, and political opponents. Human rights organizations like Amnesty International[11] and Human Rights Watch[12] have repeatedly reported cases of individuals being detained without due process, fair trials, or clear charges.[13]

Iran has been accused of arresting foreign and dual nationals (especially from Western countries) to use them as bargaining chips in political negotiations. Political activists, human rights defenders, and journalists often face imprisonment on vague charges like "spreading propaganda against the system" or "acting against national security." Ethnic and religious minorities, such as Kurds, Baháʼís, and Sunnis, are disproportionately arrested.

Iraq

In mid-August 2020, protests erupted in the Kurdistan region of Iraq concerning corruption, the improvement of 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 six months.[14]

Mauritania

This section is an excerpt from Human rights in Mauritania#Arbitrary detention[ edit ]

Mozambique

This section is an excerpt from Human rights in Mozambique#Arbitrary arrests[ edit ]

Thailand

This section is an excerpt from Human rights in Thailand#Arbitrary arrest and detention[ edit ]

United Arab Emirates

This section is an excerpt from Human rights in the United Arab Emirates#Arbitrary detention[ edit ]

On 18 November 2024, Dubai police arrested a Kyrgyz dissident, Kudaibergen uluu, who was visiting the Emirate to meet other activists of Kyrgyzstan. He was informed that the Kyrgyzstan government had requested for his extradition. Kudaibergen uluu was released within 24 hours, but was kept under investigation. On 3 January 2025, he was arrested again by Dubai police, stayed for half a day, based on another extradition request from Kyrgyz government over bogus charges of fraud. The new extradition request was being considered by the UAE. Kudaibergen uluu, who lives in exile in the US, was trapped in Dubai and unable to travel back because of his missing passport.[15] A joint letter from human rights organizations, including International partnership for Human Rights (IPHR), Freedom for Eurasia, Freedom Now, and the Norwegian Helsinki Committee, called on the UAE to not force Kudaibergen uluu to return to Kyrgyzstan, where he is likely to face, arbitrary detention, torture, unfair trial, ill treatment and other human right abuses. They warned the UAE to ensure his safety, liberty and to coordinate with the US to send him back to his family.[16]

United States

Arbitrary arrest and detention are not uncommon in the United States. In 2006, Amnesty International condemned the Bush administration for "years of arbitrary and indefinite detention" at the Guantanamo Bay detention camp.[17] Amnesty International also reported in 2018 that the average daily population of arbitrarily detained immigrants in the United States was projected to reach 47,000 people by 2019. It further reported that 15 LGBTQ people interviewed had been arbitrarily detained in the United States without parole for periods ranging from several months to 2.5 years.[18] In 2025, the widespread arbitrary detention of European and Canadian tourists in the United States, including the Canadian actress Jasmine Mooney,[19] lead to increased fears abroad about traveling to the country.[20] In May 2025, Amnesty International reported that the United States had arbitrarily detained asylum seekers and violated their rights to due process and their rights to legal resources. It reported that immigrants from Venezuela were disproportionately targeted by arbitrary arrest and human rights violations such as physical abuse by authorities.[21] In July 2025, a United States citizen and United States Army veteran named George Retes was arbitrarily detained by ICE for three days.[22]

See also

References

  1. ↑ "About arbitrary detention". United Nations. https://www.ohchr.org/en/about-arbitrary-detention. 
  2. ↑ "Freedom from Arbitrary Arrest and Exile". Human Rights Law. United Nations Cyber Schoolbus. 2006-11-09. http://www0.un.org/cyberschoolbus/humanrights/declaration/9.asp. 
  3. ↑ "HOSTAGE & WRONGFUL DETAINEE CRITERIA". James W. Foley Legacy Foundation. https://jamesfoleyfoundation.org/hostage-advocacy/hostage-wrongful-detainee-criteria/#gsc.tab=0. 
  4. ↑ "Human Rights Violations by the Indonesian Armed Forces". Human Rights. Human Rights Watch. 1998-06-27. https://www.hrw.org/reports/1997/indtimor/Indtimor-04.htm. 
  5. ↑ "Arbitrary arrest / Incommunicado detention / Risks of ill-treatment - SYR 003 / 0506 / OBS 060". Human Rights. International Federation for Human Rights. 2006-05-15. http://www.fidh.org/spip.php?article3324. 
  6. ↑ "Enforced disappearance and incommunicado detention". World Organisation Against Torture. 2007-08-31. http://www.omct.org/index.php?id=&lang=eng&articleId=7239. 
  7. ↑ "Universal Declaration of Human Rights". United Nations. 1998-12-01. https://www.un.org/Overview/rights.html. 
  8. ↑ Article 9. International Covenant on Civil and Political Rights
  9. ↑ PART IV (Art. 28–45). International Covenant on Civil and Political Rights,
  10. ↑ Human Rights Committee. United Nations Human Rights Treaty Bodies
  11. ↑ "Human rights in Iran" (in en). https://www.amnesty.org/en/location/middle-east-and-north-africa/middle-east/iran/report-iran/. 
  12. ↑ Human Rights Watch (2024-12-17), "Iran: Events of 2024" (in en), Share this via Facebook, https://www.hrw.org/world-report/2025/country-chapters/iran, retrieved 2025-03-29 
  13. ↑ "Iran" (in en-US). https://www.state.gov/reports/2022-country-reports-on-human-rights-practices/iran/. 
  14. ↑ "Kurdistan region of Iraq: Authorities must end protests-related repression". Amnesty International. 2021-06-15. https://www.amnesty.org/en/documents/mde14/4233/2021/en/. 
  15. ↑ "Exiled Kyrgyz Government Critic Threatened With Extradition From Dubai". 6 February 2025. https://thediplomat.com/2025/02/exiled-kyrgyz-government-critic-threatened-with-extradition-from-dubai/. 
  16. ↑ "Joint call to UAE: Protect Kyrgyz activist Tilekmat Kudaibergen from extradition". 14 January 2025. Archived from the original. Error: If you specify |archiveurl=, you must also specify |archivedate=. https://web.archive.org/web/20250210154500/https://iphronline.org/wp-content/uploads/2025/01/joint-ngo-letter-re-tilekmat-kudaibergen-to-uae-mfa.pdf. 
  17. ↑ "Guantanamo commander says three detainees hang themselves with makeshift nooses". USA Today. 10 June 2006. https://www.usatoday.com/news/world/2006-06-10-guantanamo-suicides_x.htm?csp=34. 
  18. ↑ "USA: Facts and figures on illegal pushbacks, arbitrary detention and ill treatment of asylum-seekers in the United States" (in en). 2018-10-22. https://www.amnesty.org/en/latest/news/2018/10/usa-facts-and-fugures-of-illegal-pushbacks-arbitrary-detention-and-ill-treatment/. 
  19. ↑ Vigdor, Neil (2025-03-18). "Canadian Who Was in an 'American Pie' Video Says ICE Held Her for 12 Days" (in en-US). The New York Times. ISSN 0362-4331. https://www.nytimes.com/2025/03/18/us/mooney-canadian-american-pie-actress-ice.html. 
  20. ↑ "U.S. detention of European and Canadian tourists creates fear over traveling to America" (in en-us). 2025-03-21. https://www.pbs.org/newshour/world/u-s-detention-of-european-and-canadian-tourists-creates-fear-over-traveling-to-america. 
  21. ↑ "Amnesty International Exposes Human Rights Violations at El Paso Immigrant Detention Facility" (in en-US). https://www.amnestyusa.org/press-releases/amnesty-international-exposes-human-rights-violations-at-el-paso-immigrant-detention-facility/. 
  22. ↑ Faheid, Dalia (2025-07-19). "A US citizen and Army veteran was detained at an immigration raid and held for 3 days. His family scrambled to find him" (in en). https://www.cnn.com/2025/07/19/us/california-immigration-raid-george-retes. 

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