Arbitrary arrest and detention is the arrest and detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against statute, or in which there has been no proper due process of law or order.
Background
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.
Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held and their whereabouts can be concealed from their family, associates, the public population and open
.
International law
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";
that is, no individual, regardless of circumstances, is to be deprived of their liberty or
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.
[International Covenant on Civil and Political Rights, Article 9] The implementation of the Covenants is monitored by the
United Nations human rights treaty bodies.
Examples by country
Angola
Bolivia
Democratic Republic of the Congo
Guinea
Iran
Iran has been widely criticized for arbitrary arrests and detentions, particularly of journalists, activists,
, and political opponents. Human rights organizations like Amnesty International
and Human Rights Watch
have repeatedly reported cases of individuals being detained without due process, fair trials, or clear charges.
Iran has been accused of arresting foreign and dual nationals (especially from Western countries) to use them as bargaining chips in political negotiations. Political activists, human rights defenders, and journalists often face imprisonment on vague charges like "spreading propaganda against the system" or "acting against national security." Ethnic and religious minorities, such as Kurds, Baha'is, and , are disproportionately arrested.
Iraq
In mid-August 2020, protests erupted in the
Kurdistan region of
Iraq concerning corruption, the improvement of public services, and pay owed to government employees. In response, the regional government arbitrarily arrested activists and journalists covering the protests under the pretext of preserving “national security”. Some were detained anywhere from several days to six months.
Mauritania
Mozambique
Thailand
United Arab Emirates
On 18 November 2024, Dubai police arrested a Kyrgyz dissident, Kudaibergen uluu, who was visiting the Emirate to meet other activists of Kyrgyzstan. He was informed that the Kyrgyzstan government had requested for his extradition. Kudaibergen uluu was released within 24 hours, but was kept under investigation. On 3 January 2025, he was arrested again by Dubai police, stayed for half a day, based on another extradition request from Kyrgyz government over bogus charges of fraud. The new extradition request was being considered by the UAE. Kudaibergen uluu, who lives in exile in the US, was trapped in Dubai and unable to travel back because of his missing passport.
A joint letter from human rights organizations, including International partnership for Human Rights (IPHR), Freedom for Eurasia, Freedom Now, and the Norwegian Helsinki Committee, called on the UAE to not force Kudaibergen uluu to return to Kyrgyzstan, where he is likely to face, arbitrary detention, torture, unfair trial, ill treatment and other human right abuses. They warned the UAE to ensure his safety, liberty and to coordinate with the US to send him back to his family.
United States
Arbitrary arrest and detention are not uncommon in the
United States. In 2006, Amnesty International condemned the Bush administration for "years of arbitrary and indefinite detention" at the Guantanamo Bay detention camp.
Amnesty International also reported in 2018 that the average daily population of arbitrarily detained immigrants in the United States was projected to reach 47,000 people by 2019. It further reported that 15 LGBTQ people interviewed had been arbitrarily detained in the United States without parole for periods ranging from several months to 2.5 years.
In 2025, the widespread arbitrary detention of European and Canadian tourists in the United States, including the Canadian actress
Jasmine Mooney,
lead to increased fears abroad about traveling to the country.
In May 2025, Amnesty International reported that the United States had arbitrarily detained asylum seekers and violated their rights to due process and their rights to legal resources. It reported that immigrants from Venezuela were disproportionately targeted by arbitrary arrest and human rights violations such as physical abuse by authorities.
In July 2025, a United States citizen and United States Army veteran named George Retes was arbitrarily detained by ICE for three days.
See also
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Hostage diplomacy
-
Wrongful detention
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False arrest
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False imprisonment
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Forced disappearance
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Habeas corpus
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Kettling
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Mass arrest
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Preemptive arrest
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Preventive detention
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Retaliatory arrest and prosecution
-
Working Group on Arbitrary Detention
External links
