Arbitrary detention In accordance with international standards, “arbitrariness” is to be interpreted broadly so as to include not only unlawfulness, but also elements of inappropriateness, injustice and lack of predictability. Mandatory or automatic detention is arbitrary as it is not based on an examination of the necessity of the detention in the individual case. Detention will be arbitrary when it is not lawful, when it is resorted to without a legitimate purpose, when it exceeds a reasonable time limit or when no less coercive or intrusive measures available or appropriate in the individual case (as alternatives to detention) have been considered. Courts generally consider the following additional criteria in evaluating the arbitrariness of detention: conditions of detention, detention safeguards such as the existence of independent periodic reviews and the availability of access to an effective remedy while in detention.19 Alternatives to detention “Alternatives to detention” refers to any legislation, policy or practice that allows persons to reside in the community subject to a number of conditions or restrictions on their freedom of movement. Alternatives to detention must not become alternative forms of detention, nor should they become alternatives to release. They should respect the principle of minimum intervention and pay close attention to the situation of particularly vulnerable groups. Liberty and freedom of movement for stateless persons are always the first options. 19 12 See UNHCR Detention Guidelines 3, 4 and 6. STATELESS PERSONS IN DETENTION