Concept

Indefinite detention

Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial. The Human Rights Watch considers this practice as violating national and international laws, particularly human rights laws, although it remains in legislation in various liberal democracies. In recent years, governments have indefinitely incarcerated individuals suspected of terrorism, often in black sites, sometimes declaring them enemy combatants – a notable example being the Guantanamo Bay detention camp. Formalized forms of indefinite detention also exist in some countries around the world in the form of government-mandated administrative detention. While laws that allows indefinite detention is present in many countries, including liberal democracies, human rights groups hold unfavorable views towards the practice. Immigration detention in Australia In 1994, indefinite detention was introduced for Vietnamese, Chinese, and Cambodian refugees; previous laws had imposed a 273-day limit. In 2004, the High Court of Australia ruled in the case Al-Kateb v Godwin that the indefinite detention of a stateless person is lawful. Human rights group claim a history of forced labour, arbitrary arrest and detention of minority groups, including: Falun Gong members, Tibetans, Muslim minorities, political prisoners and other groups in the People's Republic of China. Notably, since at least 2017, more than one million Uyghur and other minorities have been overwhelmingly detained without trial for the purposes of a "people's war on terror". In the case of the Falun Gong in particular, there have been claims of extraordinary abuses of human rights in concentration camps, including organ harvesting and systematic torture. Palestinian prisoners in Israel#Administrative detention It was reported in July 2016 by Haaretz that 651 Palestinians were in Israeli jails without having been given due process, and that the number of Palestinians being detained in Israel without trial was on the rise.

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