Arbitrary Deprivation of Liberty_2_A2568

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
Constituting Acts
  • 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: Detention not authorised by a judge or judicial officer
  • 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
Year of Violation
  • 2009
Location Where the Violation Occurred
Affiliated Organisation
  • Ministry of State Security
Province Where the Violation Occurred
  • North Hamgyong
Event
Event2
Date Range
May 1, 2009 ~ May 31, 2009