Arbitrary Detention Vs Illegal Detention
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FAQ
Definition of arbitrary detention The notion of 'arbitrary' includes both the requirement that a particular form of deprivation of liberty is taken in ance with the applicable law and procedure and that it is proportional to the aim sought, reasonable and necessary.
Arbitrary detention occurs when an individual is arrested and detained by a government without due process and without the legal protections of a fair trial, or when an individual is detained without any legal basis for deprivation of liberty. Arbitrary detention,in essence, is unlawful detention.
About special procedures The Working Group investigates alleged cases of arbitrary detention by sending urgent appeals and communications to concerned Governments to clarify and/or bring their attention to these cases.
We call upon States to take concrete steps to prevent and put an end to harsh conditions in detention, denial of access to counsel, and torture or other cruel, inhuman or degrading treatment or punishment of individuals arbitrarily arrested, detained or sentenced to exercise leverage over foreign governments.
Arbitrary or unlawful detention occurs when an individual is arrested and detained by a government without due process and without the legal protections of a fair trial, or when an individual is detained without any legal basis for the deprivation of liberty.