Administrative detention

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.[2]

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.

  1. ^ "ADMINISTRATIVE DETENTION OF MIGRANTS, Office of the United Nations High Commissioner for Human Rights" (PDF). Archived (PDF) from the original on 2007-08-09.
  2. ^ Amnesty International (2012). "Starved of Justice: Palestinians detained without trial by Israel" (PDF). Archived from the original (PDF) on 28 November 2018. Retrieved 28 December 2019.

© MMXXIII Rich X Search. We shall prevail. All rights reserved. Rich X Search