Extrajudicial Detention
An Extrajudicial Detention is an official involuntary detention (of individuals by the state) without recourse to a criminal trial.
- AKA: Administrative Detention.
- Context:
- It can (often) be implemented under National State of Emergency (and justified by governments as necessary for public safety, counter-terrorism, or immigration control).
- It can (often) bypass Judicial Procedures.
- It can (typically) be challenged for violating Human Rights and Due Process.
- It can range from being a Short-Term Extrajudicial Detention to a Long-Term Extrajudicial Detention.
- It can be a subject of international law and human rights law debates.
- It can be associated with Secret Detention Facilities.
- It can involve Humanitarian Abuses such as torture and abuse.
- ...
- Example(s):
- a U.S. Extrajudicial Detention, such as:
- of a person in a U.S. Federal-Government Kidnap and Interrogate Program (in a U.S.-operated detention camp), such as of: Khalid Sheikh Mohammed or Abu Zubaydah.
- of a person in a Guantanamo Bay Detention Camp.
- of a person in Chinese Uyghur Extrajudicial Detention Program, in Chinese-operated detention camps.
- of a person in Israel Administrative Detention, e.g., of Khalil Awawdeh for 111 days in 2019.
- of a person in a North Korean Political Prison Camp.
- …
- a U.S. Extrajudicial Detention, such as:
- Counter-Example(s):
- Criminal Incarceration following a fair trial.
- Kidnapping by non-state actors.
- Lawful Arrest with subsequent judicial review.
- See: National Security, Arrest, Terrorist, Incarceration, Preventive Detention.
References
2022
- (Wikipedia, 2022) ⇒ https://en.wikipedia.org/wiki/Administrative_detention Retrieved:2022-9-5.
- Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries [1] claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime.
In a number of jurisdictions, unlike criminal incarceration (imprisonment) imposed upon conviction following a trial, administrative detention is a forward-looking mechanism. While criminal proceedings have a retrospective focus – they seek to determine whether a defendant committed an offense in the past – the reasoning behind administrative detention often is based upon contentions that the suspect is likely to pose a threat in the future. It is meant to be preventive in nature rather than punitive (see preventive detention). The practice has been criticized by human rights organizations as a breach of civil and political rights.
In other jurisdictions it is retrospective, i.e., it is a form of punishment for a certain category of offenses.
- Administrative detention is arrest and detention of individuals by the state without trial. A number of jurisdictions claim that it is done for security reasons. Many countries [1] claim to use administrative detention as a means to combat terrorism or rebellion, to control illegal immigration, or to otherwise protect the ruling regime.