Arbitrary Detention

Abstract

The right to personal liberty is often described as one of the most fundamental human rights in light of its connection to an individual’s physical freedom. The right has a long history in both the common and civil law traditions and has been recognized as part of customary international law (Human Rights Council 2012, A/HRC/22/44, para. 79). From this right derives the expectation that individuals may not be detained or imprisoned without justification.