Arbitrary Deprivation of Liberty
Violation Types- Legal elements
- Arbitrary Deprivation of Liberty: A public official was in some way responsible for, involved in, or consented to the arbitrary arrest
- Arbitrary Deprivation of Liberty: An individual has been apprehended or taken into custody
- Arbitrary Deprivation of Liberty: The arresting authorities did not invoke a legal basis for the arrest (procedural rights), namely: 1) The victim was not notified of the reasons for arrest and charges at the moment of the arrest and 2) The arresting authorities did not possess a valid arrest warrant
- Arbitrary Deprivation of Liberty: The individual has been deprived of his or her liberty for reasons of discrimination based on birth; ethnic or social origin; religion; political or other opinion
- Arbitrary Deprivation of Liberty: The individual has been deprived of their liberty for the legitimate exercise of their human rights rights to freedom of opinion and expression, freedom of religion or belief, freedom of assembly and freedom of association, or exercising their freedom to leave their own country
- Constituting Acts
- Arbitrary Deprivation of Liberty: Arrest/detention based on act of freedom of assembly or association
- Arbitrary Deprivation of Liberty: Arrest/detention based on act of freedom of expression
- Arbitrary Deprivation of Liberty: Arrest/detention based on act of freedom of movement (including border crossing/escape)
- Arbitrary Deprivation of Liberty: Arrest/detention based on act of freedom of religion or belief
- Arbitrary Deprivation of Liberty: Arrest/detention based on guilt-by-association
- Arbitrary Deprivation of Liberty: Denial of access to a judge or judicial officer
- Arbitrary Deprivation of Liberty: Denial of proceedings for release from arbitrary arrest/detention
- Arbitrary Deprivation of Liberty: Denial of prompt access to legal assistance
- Arbitrary Deprivation of Liberty: Denial of prompt notification to the family
- Arbitrary Deprivation of Liberty: Detention not authorised by a judge or judicial officer
- Arbitrary Deprivation of Liberty: Extraterritorial abduction
- Arbitrary Deprivation of Liberty: Lack of notice of the reason for arrest
- Arbitrary Deprivation of Liberty: Lack of presentation of a valid arrest warrant
- Arbitrary Deprivation of Liberty: Lack of prompt notice of the charges
- Arbitrary Deprivation of Liberty: Prolonged detention pending trial
- Explainer
Arbitrary deprivation of liberty refers to cases when it is clearly impossible to invoke any legal basis justifying the deprivation of liberty; when the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles of the Universal Declaration of Human Rights and, insofar as States parties are concerned, by of the International Covenant on Civil and Political Rights; when the total or partial non-observance of international norms relating to the right to a fair trial, established in the Universal Declaration of Human Rights and in the relevant international instruments accepted by the State concerned, is of such gravity as to give the deprivation of liberty an arbitrary character; and when the deprivation of liberty constitutes a violation of international law for reasons of discrimination based on birth; national, ethnic or social origin; language; religion; economic condition; political or other opinion; gender; sexual orientation; or disability or other status, and which aims towards or can result in ignoring the equality of human rights.
- Legal instruments