Arbitrary Deprivation of Liberty_2_A2733

Human Rights Violations
Violation Type
Arbitrary Deprivation of Liberty
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 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 movement (including border crossing/escape)
  • 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: Lack of prompt notice of the charges
  • Arbitrary Deprivation of Liberty: Prolonged detention pending trial
Year of Violation
  • 2004
  • 2005
Location Where the Violation Occurred
Affiliated Organisation
  • Ministry of State Security
  • Ministry of People's Security 2
Province Where the Violation Occurred
  • North Hamgyong 3
Event
Event2
Date Range
Aug 1, 2004 ~ Jan 31, 2005