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What is arbitrary detention?

April 26, 2017ai arbitrary conscience detention Human human rights Political prisoners Rights

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What is arbitrary detention?

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There is no clear definition of arbitrary detention in international law. However the Working Group has defined it as detention which is contrary to the human rights provisions of the major international human rights instruments. More specifically, the Working Group has defined 3 categories of arbitrary detention: 1. Where there is no legal basis for the deprivation of liberty (for example when a person is kept in detention after the completion of their prison sentence or despite an amnesty law applicable to them); 2. When a person is deprived of their liberty because they have exercised the rights and freedoms guaranteed in the UDHR and the ICCPR. 3. When a person has been deprived of their liberty after a trial which did not comply with the standards for a fair trial set out in the UDHR and other relevant international instruments.