Freedom from Arbitrary Detention is a Fundamental Human Right

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RESEARCH PAPER

“Freedom from Arbitrary Detention is a Fundamental Human Right”

WHAT IS DETENTION?
Detention is the process when a state, government or citizen lawfully holds a person by removing their freedom of liberty at that time. This can be due to (pending) criminal charges being raised against the individual as part of a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention centre), either for interrogation, or as punishment for a crime (prison) The term can also be used in reference to the holding of property, for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest. The prisoners in Guantánamo Bay are for example referred to as "detainees". Detainee is a term used by certain governments and their military to refer to individuals held in custody, such as those it does not classify and treat as either prisoners of war or suspects in criminal cases. It is used to refer to "any person captured or otherwise detained by an armed force."[1] More generally, it is "someone held in custody."[2] Article 9 of the Universal Declaration of Human Rights states that, "No one shall be subjected to arbitrary arrest, detention or exile." In wars between nations, detainees are referenced in the Fourth Geneva Convention. -------------------------------------------------

Indefinite Detention:
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Indefinite detention of an individual occurs frequently in wartime under the laws of war. This has been applied notably by the United States after the September 11, 2001 attacks. Before the Combatant Status Review Tribunals, created for reviewing the status of the Guantanamo detainees, the United States has argued that the United States is engaged in a legally cognizable armed conflict to which the laws of war apply, and that it therefore may hold captured al Qaeda and Taliban operatives throughout the duration of that conflict, without granting them a criminal trial. -------------------------------------------------

The U.S. military regulates treatment of detainees in the manual Military Police: Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees, last revised in 1997. -------------------------------------------------

The term "unlawful combatant" came into public awareness during and after the War in Afghanistan (2001–present), as the U.S. detained members of the Taliban and al-Qaedacaptured in that war, and determined them to be unlawful combatants. This had generated considerable debate around the globe.[3] The U.S. government refers to these captured enemy combatants as "detainees" because they did not qualify as prisoners of war under the definition found in the Geneva Conventions. -------------------------------------------------

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Detention is defined as restriction on freedom of movement by governmental authorities. Governments are increasingly detaining refugees, asylum seekers and migrants in some or more of the following situations: * Upon entry to the country

* Pending a final asylum decision or other requests to remain in the country Hundreds of thousands of people are held in administrative detention centres and closed camps around the world with: * Conditions in most countries falling below international human rights standards * Restrictions on access to asylum for people who need protection from serious human rights abuses, and * Serious protection problems for refugees within closed refugee camps. Men, women and children, the elderly and disabled are held against their will in removal centres, immigration detention centres, jails, prisons, police stations, airports, hotels, ships and containers pending a final decision in their cases or pending a removal from the country that may take months or years to effect, often in...
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