- Arbitrary arrest and detention
Arbitrary arrest and detention, or (AAD), is the
arrestand detention of an individual in a case in which there is no likelihood or evidencethat he or she committed a crimeagainst legal statute, or in which there has been no proper due processof law [cite web |title=Freedom from Arbitrary Arrest and Exile |work=Human Rights Law |publisher= [http://cyberschoolbus.un.org/ United Nations Cyber Schoolbus] | url =http://www0.un.org/cyberschoolbus/humanrights/declaration/9.asp |date= 2006-11-09| accessdate =2007-09-30] .
Arbitrary arrest and detention
Arbitrarily arresting and detaining persons contradicts
rule of lawestablished in democraciesas well as habeas corpusand 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[cite web |title=Human Rights Violations by the Indonesian Armed Forces |work=Human Rights |publisher= [http://www.hrw.org/ Human Rights Watch] | url =http://www.hrw.org/reports/1997/indtimor/Indtimor-04.htm |date= 1998-06-27| accessdate =2007-09-30] . The vast majority of arbitrarily arrested individuals are held and their whereabouts are concealed from their family, associates, the public population and the open trial courts [cite web |title=Arbitrary arrest / Incommunicado detention / Risks of ill-treatment - SYR 003 / 0506 / OBS 060 |work=Human Rights |publisher= [http://www.fidh.org/ International Federation for Human Rights] | url =http://www.fidh.org/spip.php?article3324 |date= 2006-05-15| accessdate =2007-09-30] [cite web |title=Enforced Disappearance and Incommunicado Detention in China |work=Human Rights |publisher= [http://www.omct.org/ World Organisation Against Torture] | url =http://www.omct.org/index.php?id=&lang=eng&articleId=7239 |date= 2007-08-31| accessdate =2007-09-30] . Many individuals who are arbitrarily arrested and detained suffer physical and/or psychological tortureduring interrogation, as well as extrajudicial punishmentand other abuses in the hands of those detaining them.
Arbitrarily depriving an individual of their
libertyis strictly prohibited by the United Nations' division for human rights. Article 55 of the 2002 Rome Statute of the International Criminal Courtdeclares such a practice by governmenta major crime [cite web |title=Rome Statute of the International Criminal Court |work=International Law |publisher= [http://www.un.org/ United Nations] | url =http://www.un.org/law/icc/statute/99_corr/cstatute.htm |date= 1998-07-17| accessdate =2007-09-30] . Article 9 of the 1948 Universal Declaration of Human Rightsdecrees that "no one shall be subjected to arbitrary arrest, detention or exile" [cite web |title=Universal Declaration of Human Rights |work=Human Rights |publisher= [http://www.un.org/ United Nations] | url =http://www.un.org/Overview/rights.html |date= 1998-12-01| accessdate =2007-09-30] ; that is, no individual, regardless of circumstances, is to be deprived of their liberty or exiled from their countrywithout 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.
State of emergency
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