Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency without a trial. It is a controversial practice on the part of any government or agency that is in violation of many national and international laws, including human rights laws^[1]. In recent years, governments have indefinitely held those suspected to be involved in terrorism, declaring them as enemy combatants.

Contents 1 Views 1.1 Australia 1.2 Malaysia 1.3 Singapore 1.4 United Kingdom 1.5 United States 2 See also 3 References

[edit] Views

Most of the civilized nations of the world and human rights groups hold unfavorable views of indefinite detention.

[edit] Australia

In 1994, indefinite detention was introduced to Australia when new legislation removed the 273 day limit imposed on Vietnamese, Chinese, and Cambodian refugees. Previous laws had also allowed for the indefinite detention of specified people.^[2]

In 2004, in the case Al-Kateb v Godwin, Australia's high court ruled that the indefinite detention of a stateless person is lawful.

Some states (New South Wales, Victoria, Queensland) allow indefinite detention for sex offenders considered unacceptably likely to reoffend.^[2]

[edit] Malaysia

In 2001, Malaysia considered indefinitely detaining those involved in hacking^[3].

[edit] Singapore

In Singapore, the Internal Security Act allows the government to arrest and indefintely detain individuals who pose a threat to national security^[4].

[edit] United Kingdom

The highest court of the United Kingdom has ruled that indefinite detention violates the Human Rights Act and the European Convention on Human Rights (ECHR)^[5].

[edit] United States

In the United States, indefinite detention has been used to hold terror suspects. This process, which has been highly controversial, is currently under review^[6].

One of the most highly publicized cases has been that of Jose Padilla^[7].

According to the American Civil Liberties Union, section 412 of the USA PATRIOT act permits indefinite detention^[8].

The International Red Cross has criticized the indefinite detention of prisoners at Guantanamo Bay^[9].

On December 5, 2008, the United States Supreme Court announced that it will rule on indefinite detention^[10].

[edit] See also

• Administrative detention
• Habeas corpus
• Indefinite imprisonment
• Incapacitation (penology)

[edit] References

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