Arbitrary arrest and arbitrary detention is the arrest or detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order. [1]
Virtually all individuals who are arbitrarily arrested are given no explanation as to why they are being arrested, and they are not shown any arrest warrant. [2] Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts. [3] [4]
Arbitrarily depriving an individual of their liberty is prohibited under international human rights law. Article 9 of the 1948 Universal Declaration of Human Rights decrees that "no one shall be subjected to arbitrary arrest, detention or exile"; [5] that is, no individual, regardless of circumstances, is to be deprived of their liberty or exiled from their country without 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. As well, the International Covenant on Civil and Political Rights specifies the protection from arbitrary arrest and detention by the Article 9. [6] The implementation of the Covenants is monitored by the United Nations human rights treaty bodies.
Former Iraqi president and dictator Saddam Hussein subjected people to arbitrary arrest, including people in Kuwait during the First Gulf War. Saudi Arabia, the United States of America, and Iran also do similar things. [7] [8] [9] [10] [11]
Under the Arab Socialist Ba'ath Party, Iraq's human rights record was considered one of the worst in the world. Secret police, state terrorism, torture, mass murder, genocide, ethnic cleansing, rape, deportations, extrajudicial killings, forced disappearances, assassinations, chemical warfare, and the destruction of the Mesopotamian marshes were some of the methods Saddam Hussein and the country's Ba'athist government used to maintain control. Saddam committed crimes of aggression during the Iran–Iraq War and the Gulf War, which violated the Charter of the United Nations. The total number of deaths and disappearances related to repression during this period is unknown, but is estimated to be at least 250,000 to 290,000 according to Human Rights Watch, with the great majority of those occurring as a result of the Anfal genocide in 1988 and the suppression of the uprisings in Iraq in 1991. Human Rights Watch and Amnesty International issued regular reports of widespread imprisonment and torture.
Turkmenistan's human rights record has been heavily criticized by various countries and scholars worldwide. Standards in education and health declined markedly during the rule of President Saparmurat Niyazov.
An enforced disappearance is the secret abduction or imprisonment of a person with the support or acquiescence of a state followed by a refusal to acknowledge the person's fate or whereabouts with the intent of placing the victim outside the protection of the law. Often, forced disappearance implies murder whereby a victim is abducted, may be illegally detained, and is often tortured during interrogation, ultimately killed, and the body disposed of secretly. The party committing the murder has plausible deniability as there is no evidence of the victim's death.
False arrest, unlawful arrest or wrongful arrest is a common law tort, where a plaintiff alleges they were held in custody without probable cause, or without an order issued by a court of competent jurisdiction. Although it is possible to sue law enforcement officials for false arrest, the usual defendants in such cases are private security firms.
Ghost detainee is a term used in the executive branch of the United States government to designate a person held in a detention center, whose identity has been hidden by keeping them unregistered and therefore anonymous. Such uses arose as the Bush administration initiated the War on Terror following the 9/11 attacks of 2001 in the United States. As documented in the 2004 Taguba Report, it was used in the same manner by United States officials and contractors of the Joint Interrogation and Debriefing Center at the Abu Ghraib prison in Iraq in 2003–2004.
Torture in Bahrain refers to the violation of Bahrain's obligations as a state party to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and other international treaties and disregard for the prohibition of torture enshrined in Bahraini law.
Human rights in the United Arab Emirates (UAE) are substantially restricted. The UAE does not have democratically elected institutions and citizens do not have the right to change their government or form political parties. Activists and academics who criticize the government are detained and imprisoned, and their families are often harassed by the state security apparatus. There are reports of forced disappearances of foreign nationals and Emirati citizens, who have been abducted, detained and tortured in undisclosed locations, and denied the right to a speedy trial and access to counsel during investigations by the UAE government. Human Rights Watch states that Emirati laws maintain capital punishment and discriminate against women, migrants and LGBT individuals.
Security of the person is a basic entitlement guaranteed by the Universal Declaration of Human Rights, adopted by the United Nations in 1948. It is also a human right explicitly defined and guaranteed by the European Convention on Human Rights, the Constitution of Canada, the Constitution of South Africa and other laws around the world.
Human rights in the Middle East have been shaped by the legal and political development of international human rights law after the Second World War, and their application to the Middle East. The 2004 United Nations Arab Human Development Report (AHDR) claimed that although Arab-Islamic tradition does hold unique importance for ideas of human welfare, History has proven that "they were not sufficiently prevalent in society to foster a culture based on a political contract, and allow for the legitimacy of differences of opinion, dialogue and transfer of power." Issues of the validity of democracy in the region and human rights are at the very centre of the challenges facing Middle Eastern society today.
Human rights in Egypt are guaranteed by the Constitution of the Arab Republic of Egypt under the various articles of Chapter 3. The country is also a party to numerous international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. However, the state of human rights in the country has been criticized both in the past and the present, especially by foreign human rights organisations such as Amnesty International and Human Rights Watch. As of 2022, Human Rights Watch has declared that Egypt's human rights crises under the government of President Abdel Fattah al-Sisi is "one of its worst ... in many decades", and that "tens of thousands of government critics, including journalists, peaceful activists, and human rights defenders, remain imprisoned on abusive 'terrorism' charges, many in lengthy pretrial detention." International human rights organizations, such as the aforementioned HRW and Amnesty International, have alleged that as of January 2020, there are some 60,000 political prisoners in Egypt. Other complaints made are of authorities harassing and detaining "relatives of dissidents abroad" and use of "vague 'morality' charges to prosecute LGBT people, female social media influencers, and survivors of sexual violence." The Egyptian government has frequently rejected such criticism, denying that any of the prisoners it holds are political prisoners.
Human rights in Kuwait are a topic of significant concern. Most notably, Kuwait's handling of the stateless Bedoon crisis has come under substantial criticism from international human rights organisations and the United Nations. Kuwait has the largest number of stateless people in the entire region. Kuwait also faces significant criticism for the human rights violations against foreign nationals, women, and LGBT people. Although Kuwaiti law theoretically pledges to protect all human rights; the enforcement mechanisms designed to help protect human rights are very limited in Kuwait.
Human rights in Yemen are seen as problematic. The security forces have been responsible for torture, inhumane treatment and even extrajudicial executions. In recent years there has been some improvement, with the government signing several international human rights treaties, and even appointing a woman, Dr. Wahiba Fara’a, to the role of Minister of the State of Human Rights.
The Working Group on Arbitrary Detention(WGAD) is a body of independent human rights experts that investigate cases of arbitrary arrest and detention. Arbitrary arrest and detention is the imprisonment or detainment of an individual, by a State, without respect for due process. These actions may be in violation of international human rights law.
The Ministry of Interior and General Investigation, commonly known simply as the Mabahith, is the secret police agency of the Presidency of State Security in Saudi Arabia, and deals with domestic security and counter-intelligence.
Alkarama is an independent Swiss-based human rights non-governmental organization established in 2004 to assist all those in the Arab World subjected to, or at risk of, extrajudicial killings, disappearances, torture, and arbitrary detention. Acting as a bridge between individual victims in the Arab World and international human rights mechanisms, Alkarama works towards an Arab World where all individuals live free, with dignity, and protected by the rule of law.
Shia Islam constitutes a significant minority in Kuwait. In 2001, the US Department of State reported that there were 300,000 Shia Kuwaiti citizens and 820,000 Kuwaiti citizens in total thus Shias formed 36.5% of the Kuwaiti citizen population. In 2002, the US Department of State reported that Shia Kuwaitis formed 30-40% of Kuwait's citizen population, noting there were 525,000 Sunni citizens and 855,000 Kuwaiti citizens in total. In 2004, there were 300,000-350,000 Shia Kuwaiti citizens and 913,000 Kuwaiti citizens in total. The Strategic Studies Institute reported that they constitute 40% of the population in 2008.
ʽUlaysha Prison is a prison in Riyadh run by the Saudi Arabian secret police agency Mabahith for arbitrary detention. During the 2011 Saudi Arabian protests, "the only brave man in Saudi Arabia", Khaled al-Johani, was held in 'Ulaysha Prison and it is suspected that several founding members of the Umma Islamic Party are being held there.
Kouhyar Goudarzi is an Iranian human rights activist, journalist and blogger who was imprisoned several times by the government of Iran. He previously served as an editor of Radio Zamane. He is a member of Committee of Human Rights Reporters (CHRR), serving as the head from 2005-2009.
Dissidents have been detained as political prisoners in Saudi Arabia during the 1990s, 2000s, 2010s, 2020s and earlier. Protests and sit-ins calling for political prisoners to be released took place during the 2011–2012 Saudi Arabian protests in many cities throughout Saudi Arabia, with security forces firing live bullets in the air on 19 August 2012 at a protest at al-Ha'ir Prison. As of 2012, recent estimates of the number of political prisoners in Mabahith prisons range from a denial of any political prisoners at all by the Ministry of Interior, to 30,000 by the UK-based Islamic Human Rights Commission and the BBC.
Secret prisons of the SBU were secret detention facilities operated by the Security Service of Ukraine (SBU) in Eastern Ukraine to incarcerate suspected Russian-backed separatists during the war in Donbas.