Arbitrary arrest and arbitrary detention is the arrest or detention of an individual in a case in which there is no good legal basis for the arrest or detention, or where due process of law has not been followed. Arbitrary detention can include people who are:  

  • arrested or detained without explanation of the reasons or charges;
  • detention for legitimate exercise of human rights, such as free speech or free assembly; or detention for discriminatory reasons;
  • detained for a long time without being brought before a judge, or coming to trial;
  • kept in prison beyond their release date without a clear reason. 

Prisoners Abroad’s support is available from the moment of an overseas arrest, so we can work with British people who are arbitrarily detained and their families, but the level of support will depend on the possibility of contact, whether directly or via the British government and the Foreign Commonwealth and Development Office (FCDO). In some cases, it can be challenging or impossible to make contact with people in these circumstances. Our support is welfare-based, so we cannot advise on the legal aspects of a case, but we would consider people who are arbitrarily detained to be more vulnerable service users (see ‘What support can Prisoners Abroad provide someone in prison’ for more information). Prisoners Abroad can also alert the FCDO to the concerns of people who believe they or their loved one fall into this category.