Chapter 2 Imprisonment as Suppression Arbitrary Arrests and Administrative Detention Legal Framework The practice of arbitrary arrest is explicitly prohibited by Article 9 of the UDHR, which maintains that “No one shall be subjected to arbitrary arrest, detention or exile.” According to the Human Rights Committee, Article 9(1) establishes that an arrest is considered to be arbitrary when it “include[s] elements of inappropriateness, injustice, lack of predictability and due process of law.”169 The term arbitrary arrest is also used to describe any detentions that fail to be reasonable and necessary in all circumstances.170 Further declarations of the illegality of arbitrary arrests have been set down by Article 9(1) of the ICCPR affirming the right to not be subject to arbitrary arrest or detention and the right to a trial, and by Article 5(1) of the European Convention on Human Rights. With regard to administrative detention, one of the most universally accepted definitions in international law is, “[d]etention is considered administrative detention if, de jure and/or de facto, it has been ordered by the executive and the power of the decision rests solely with the administrative or ministerial authority.”171 In other words, it is a form of detention that is carried out without trial or even formal charge. Administrative detention is covered by 169 UN Human Rights Committee, Views Under Article 5, Paragraph 4 Of The Optional Protocol To The ICCPR, Thirty-ninth Session concerning Communication No. 305/1988, 15 August 1990 170 OHCHR, Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers, Chapter 5, 2002. Available at: http://www.ohchr.org/Documents/ Publications/training9chapter5en.pdf 171 UN Rapporteur of the Sub-Commission on the Fight against Discriminatory Measures and Protection of Minorities Louis Joinet, Report on the Practice of Administrative Detention, E/CN.4/sub.2/1989/27, 1989, para. 17 49