Arbitrary is an intuitive term. The moment it accompanies another word, we know that it means trouble for us. This case is no different. Arbitrary arrest, arbitrary detention, and arbitrary exile are all gross infringements of our rights and freedoms. 

Have you ever wondered what it would be like to live in a country where they could just grab you and throw you into prison? Yes, without any reason. Unfortunately, there are some nations of the world that do not show the bare minimum respect for the rights of citizens to inform them of their wrongdoings before punishing them for them.

What Does Arbitrary Arrest Mean?

Arbitrary Arrest is when a person is arrested despite there not being any solid evidence against them, rather, no evidence at all. In such cases, it is exceptionally difficult to prove that the person has committed the crime after all. 

Countries like China and North Korea are infamous for their arbitrary arrests which are often made to silence people about the infringement of their rights. It has also been observed that when the government or its officials have committed any transgressions of the law, in a desperate attempt to cover it up they often arbitrarily arrest or detain people who are bringing about such things to light.

What Does Arbitrary Detention Mean?

Arbitrary detention is quite similar to arbitrary arrest. Article 9 of the International Covenant on Civil and Political Rights lays down the following characteristics that can determine if the detention is of arbitrary nature.

Characteristics Of Arbitrary Arrest And Detention

These are the points to look out for before ruling an instance of detention or arrest to be arbitrary.

• When the grounds on which the detention was made are not backed by law.
• The person being detained is not given sufficient reasons for legal correctness.
• The detention or arrest did not follow.
• In this particular victim was not furnished before a judge or a legally recognized one within the stipulated time. Every party to a crime must be given a chance to furnish a reasonable explanation. 

Article 7 And 8 Of The Rome Statute

Apart from the already existing national and international laws, the Rome Statute, a few provisions thereof, consider arbitrary arrest and detention to be,

• A crime committed against humanity,
• A war crime when the nation is in a state of war,
• Or, a crime of genocidal nature.

Arbitrary Arrest, Detention, And, Exile: A Weapon

Freedom from Arbitrary Arrest and Exile is often ceased when the nation is in political turmoil. Politicians and various political organizations try to coax a person to give up their critical and politically different perspectives by forcing them to be detained or exiled unlawfully. 

Various non-governmental and non-profit organizations make sure that cases of generalized suppression are met with a fight. Governments also punish the advocates fighting for the human rights of the citizens in these cases.

The Complaint Centres

If we are facing these issues in our daily lives or our dear ones are struggling with the arbitrary actions of the government, we can contact an NGO, or can directly reach out to the following authorities to have our Freedom from Arbitrary Arrest and Exile restored. 

The United Nations Working Group On Arbitrary Detention

This group takes care of individual complaints and also has a standard procedure to take action against arbitrary detention. 

The United Nations Human Rights Committee

The Human Rights Committee is an organization consisting of independent experts who can monitor the execution and implementation of the existing International Covenant on Civil and Political Rights.

This committee promotes the following:

1. One’s right to enjoy their civil and political rights, 
2. The changes in law, Government policies, and practices that are necessary for the implementation of these rights.
3. This body is known to have improved the lives of the citizens hailing from all parts of the world. 
4. It has strived to ensure that all the civil and political rights established by various covenants are enjoyed fully and with the absence of all forms of discrimination.

The European Court Of Human Rights

The Court has looked very seriously into the transgression of human rights that are caused by incidents of breach of the freedom from arbitrary arrest, detention, and exile, throughout Europe.

The African Commission On People’s And Human Rights

The commission has looked very seriously into the transgression of human rights that are caused by incidents of breach of the Freedom from Arbitrary Arrest and Exile, throughout the African Continent. 

International Laws On Freedom From Arbitrary Arrest, Detention, And Exile

Here are the essential pieces of information that you should know when we are talking about the international laws on freedom from arbitrary arrest, detention, and exile.

1. The Universal Declaration Of Human Rights.

Article 9 of the Declaration guarantees one’s Freedom from Arbitrary Arrest and Exile.

2. The Internation Covenant On Civil And Political Rights

Article 9 of the Covenant guarantees one’s Freedom from Arbitrary Arrest and Exile.

3. The American Convention On Human Rights

The Convention, also known as the pact of San Jose makes sure that one’s right to liberty and security remains intact. It can be done by guaranteeing one’s Freedom from Arbitrary Arrest and Exile.

4. The African Charter On Human And People’s Rights.

Article 6 of the Charter guarantees one’s freedom from arbitrary arrest, detention, and exile.

5. Arab Charter On Human Rights

 The Charter guarantees one’s Freedom from Arbitrary Arrest and Exile.

6. The Human Right Declaration -ASEAN

This Declaration much like the others sees to it that the arbitrary powers of the government do not encroach upon one’s personal rights. 

And It’s A Wrap!

If you or a loved one is facing problems at the hands of an official in terms of arbitrary detention, arrest, and exile, feel free to reach out to us. Our team consists of an experienced group of legal professionals who can help you out of any legal trouble.

Please let us know if you found the article informative! Do reach out to us and leave your thoughts in the comment section below.

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