Unlawful detention refers to the deprivation of a person's liberty without legal justification or due process. This critical human rights issue encompasses...
Unlawful detention occurs when an individual is held by authorities without proper legal basis, due process, or beyond the term legally permitted, violating their fundamental right to liberty.
Examples include arbitrary arrests without a warrant or probable cause, holding individuals past their sentence, or indefinite detention without charge or trial, often seen in political or immigration contexts.
Key protections include the right to habeas corpus, prompt judicial review, the right to legal counsel, and the presumption of innocence, enshrined in national and international human rights laws.
It directly violates the right to liberty and security of person, often leading to other abuses like torture, ill-treatment, or denial of a fair trial, undermining the rule of law and democratic principles.
Victims or their representatives can seek legal remedies like habeas corpus petitions, pursue civil lawsuits for damages, and report abuses to national and international human rights bodies.