Indefinite detention
Encyclopedia
Indefinite detention is the incarceration
of an arrest
ed person by a national government or law enforcement agency without a trial. It is a controversial practice on the part of any government or agency that is in violation of many national and international laws, including human rights
laws. In recent years, governments have indefinitely held those suspected to be involved in terrorism
, declaring them as enemy combatant
s.
when new legislation removed the 273 day limit imposed on Vietnamese, Chinese, and Cambodian refugees; previous laws had also allowed for the indefinite detention of specified people. In 2004, Australia's high court ruled in the case Al-Kateb v Godwin
that the indefinite detention of a stateless person
is lawful.
All states and territories (except New South Wales) allow for indefinite detention
of violent or sexual offenders who are considered unacceptably likely to reoffend.
an act enforced since 1960 is a preventive detention law enforced in Malaysia which allows indefinite detention without trial for 2 years and further extension as needed.
, the Internal Security Act
allows the government to arrest and indefintely detain individuals who pose a threat to national security.
and the European Convention on Human Rights
.
. This process, which has been highly controversial, is currently under review.
One of the most highly publicized cases has been that of Jose Padilla.
According to the American Civil Liberties Union
, section 412 of the USA PATRIOT act
permits indefinite detention.
The International Red Cross has criticized the indefinite detention of prisoners at Guantanamo Bay.
On December 5, 2008, the United States Supreme Court announced that it will rule on indefinite detention.
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
of an arrest
Arrest
An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation and prevention of crime and presenting into the criminal justice system or harm to oneself or others...
ed person by a national government or law enforcement agency without a trial. It is a controversial practice on the part of any government or agency that is in violation of many national and international laws, including human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
laws. In recent years, governments have indefinitely held those suspected to be involved in terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
, declaring them as enemy combatant
Enemy combatant
Enemy combatant is a term historically referring to members of the armed forces of the state with which another state is at war. Prior to 2008, the definition was: "Any person in an armed conflict who could be properly detained under the laws and customs of war." In the case of a civil war or an...
s.
Views
Most of the civilized nations of the world and human rights groups hold unfavorable views of indefinite detention.Australia
In 1994, indefinite detention was introduced to AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
when new legislation removed the 273 day limit imposed on Vietnamese, Chinese, and Cambodian refugees; previous laws had also allowed for the indefinite detention of specified people. In 2004, Australia's high court ruled in the case Al-Kateb v Godwin
Al-Kateb v Godwin
Al-Kateb v Godwin was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa...
that the indefinite detention of a stateless person
Statelessness
Statelessness is a legal concept describing the lack of any nationality. It is the absence of a recognized link between an individual and any state....
is lawful.
All states and territories (except New South Wales) allow for indefinite detention
Indefinite imprisonment
Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence by imprisonment with no definite period of time set during sentencing. Its length, rather, is determined during imprisonment based on the inmate's conduct...
of violent or sexual offenders who are considered unacceptably likely to reoffend.
Malaysia
The Internal Security ActInternal Security Act (Malaysia)
The Internal Security Act 1960 is a preventive detention law in force in Malaysia. The legislation was enacted after Malaysia gained independence from Britain in 1957. The ISA allows for detention without trial or criminal charges under limited, legally defined circumstances...
an act enforced since 1960 is a preventive detention law enforced in Malaysia which allows indefinite detention without trial for 2 years and further extension as needed.
Singapore
In SingaporeSingapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, the Internal Security Act
Internal Security Act (Singapore)
The Internal Security Act of Singapore is a law that allows the Singapore government to investigate security threats like international terrorism, foreign subversion, espionage and acts of violence or hatred using race or religion...
allows the government to arrest and indefintely detain individuals who pose a threat to national security.
United Kingdom
In 2004, the House of Lords ruled that indefinite detention violates the Human Rights ActHuman Rights Act
A human rights act is a statute that sets out individual rights and freedoms under the law. Many jurisdictions have bills of rights enshrined into law and called the "Human Rights Act". This naming convention is commonly used in Commonwealth nations...
and the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
.
United States
In the United States, indefinite detention has been used to hold terror suspectsTerrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
. This process, which has been highly controversial, is currently under review.
One of the most highly publicized cases has been that of Jose Padilla.
According to the American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, section 412 of the USA PATRIOT act
USA PATRIOT Act
The USA PATRIOT Act is an Act of the U.S. Congress that was signed into law by President George W. Bush on October 26, 2001...
permits indefinite detention.
The International Red Cross has criticized the indefinite detention of prisoners at Guantanamo Bay.
On December 5, 2008, the United States Supreme Court announced that it will rule on indefinite detention.
See also
- Administrative detentionAdministrative detentionAdministrative detention is arrest and detention of individuals by the state without trial, usually for security reasons. A large number of countries, both democratic and undemocratic, resort to administrative detention as a means to combat terrorism, control illegal immigration, or to protect the...
- Habeas corpusHabeas corpusis a writ, or legal action, through which a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations...
- Indefinite imprisonmentIndefinite imprisonmentIndefinite imprisonment or indeterminate imprisonment is the imposition of a sentence by imprisonment with no definite period of time set during sentencing. Its length, rather, is determined during imprisonment based on the inmate's conduct...
- Incapacitation (penology)Incapacitation (penology)Incapacitation in the context of sentencing philosophy refers to the effect of a sentence in terms of positively preventing future offending....