Arrest and detention of individuals by the state without trial
For administrative detention of food items under USDA, see Public Health Security and Bioterrorism Preparedness Response Act.
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.
^"ADMINISTRATIVE DETENTION OF MIGRANTS, Office of the United Nations High Commissioner for Human Rights" (PDF). Archived (PDF) from the original on 2007-08-09.
^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.
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