Arbitrary arrest and detention are a concern in many countries in the world. According to multiple sources including the BBC, arbitrary arrests are made in different countries. But arbitrary arrests — those arrests that are typically carried out without any due process and lead to the unjust imprisonment of innocent individuals — are more in repressive regimes. But arbitrary arrests and detention, a breach of international human rights standards, often result in the suppression of freedom of expression and political dissent, cause the erosion of trust in law enforcement, contribute to the marginalization and persecution of specific groups within society and lead to fear and intimidation within a society, hindering social progress in many countries around the world.
It is notable that there are political, law enforcers based and other factors that lead to arbitrary arrests and detention in different countries. Political instability, authoritarian regimes and the misuse of power by the government and law enforcement agencies are some crucial factors that put individuals at risk of being detained without legitimate reasons, undermining the principles of justice and human rights. But arbitrary arrests increase during political turmoil in different countries. Political motivations lead to the arrest of individuals who hold opposing views or challenge the ruling regime often on charges of treason or sedition without fair trial or due process. According to multiple sources, in Venezuela and Nicaragua, for example, there have been numerous arbitrary arrests targeting opposition leaders and activists who challenge the government’s policies.
But all arrests made driven by subversive acts, suspicion, perceived threat, or a preventive measure to maintain public order and safety are not based on unfounded reasons. Many times, subversive activities are carried out to destabilize well-functioning countries without reasoned concerns in different countries. For maintaining law and order, the arrests of those individuals who are genuinely involved with such acts or such potential acts are consequently not unjustified. But arbitrary arrests and detention are mostly an abuse of power by the government and law enforcement agencies in different countries, though they are sometimes justified. Consequently, the arrests of dissents often remain controversial or raise questions on their justifications even if they are based on genuine causes in politically repressive countries.
In addition to political motivations, the lack of or inadequate rule of law — driven by the government control over the judiciary, the corruption within the judiciary or other factors — notably contributes to arbitrary arrests and detention in many countries. Law enforcement practices including racial profiling also contribute to arbitrary arrests in different countries in Asia, North America and other regions. But racial profiling disproportionately targets individuals from marginalized communities, leading to unjust arrests. In some cases, individuals are also targeted and arbitrarily arrested and detained by law enforcement agencies based on religion or social status in different countries. Among others, a lack of accountability and corruption in law enforcement agencies contribute to arbitrary arrests in many countries.
Arbitrary arrests and detention are undesirable. But it is crucial to strengthen the rule of law and ensure an independent judiciary that upholds human rights and due process. It is also crucial to strengthen legal protections for individuals by enacting laws that prohibit arbitrary arrests and provide avenues for legal recourse. Governments may establish an independent oversight body to review and investigate cases of arbitrary arrests with the intention of protecting from arbitrary arrests and holding authorities accountable. In different countries including Canada and Sweden, robust mechanisms, the Office of the Independent Police Review Director in Canada and the Parliamentary Ombudsman in Sweden, have effectively contributed to reducing arbitrary arrests through impartial investigations and recommendations for systemic improvements.
Given that the political repression of dissents often leads to arbitrary arrests in different countries, an increased tolerance of the government to the reasoned concerns of the opposition is definitely crucial to reducing arbitrary arrests and detention. International actors can also play a significant role in addressing the problem of undue arrests and detention, driven by political motivations and other power-abusive factors rather than genuinely justified causes, many times. Creating awareness among law enforcement officials about human rights, the importance of due process and racial concerns with arbitrary arrests may be helpful. Among others, promoting awareness about rights can empower individuals to assert their rights and hold authorities accountable in different countries.
