Detention (confinement)

Unsentenced detainees as a proportion of overall prison population, 2017[1]

Detention is the process whereby a state or private citizen holds a person by removing or restricting their freedom or liberty at that time.

Detention can be due to (pending) criminal charges against the individual pursuant to a prosecution or to protect a person or property. Being detained does not always result in being taken to a particular area (generally called a detention center), either for interrogation or as punishment for a crime (see prison). Persons can be detained if they are not allowed to leave a specific jurisdiction (a type of travel ban known as an 'exit ban') or if they are prevented from traveling to or from a specific area or region.[2] An individual may be detained due a psychiatric disorder, potentially to treat this disorder involuntarily.[3] They may also be detained for to prevent the spread of infectious diseases such as tuberculosis.[4]

The term can also be used in reference to the holding of property for the same reasons. The process of detainment may or may not have been preceded or followed with an arrest.

Detainee is a term used by certain governments and their armed forces to refer to individuals held in custody, such as those it does not classify and treat as either prisoners of war or suspects in criminal cases. It is used to refer to "any person captured or otherwise detained by an armed force."[5] More generally, it means "someone held in custody."[6] The prisoners in Guantánamo Bay are referred to as "detainees".

Article 9 of the Universal Declaration of Human Rights provides that "[n]o one shall be subjected to arbitrary arrest, detention or exile."[7] In wars between nations, treatment of detainees is governed by the provisions of the Fourth Geneva Convention.[8]

  1. ^ "Unsentenced detainees as a proportion of overall prison population". Our World in Data. Retrieved 6 March 2020.
  2. ^ Wroldsen, Jack; Carr, Chris (2023-11-15). "The Rise of Exit Bans and Hostage-Taking in China". MIT Sloan Management Review. Massachusetts Institute of Technology. Retrieved 2025-02-02.
  3. ^ Sheridan Rains, Luke; Zenina, Tatiana; Dias, Marisa Casanova; Jones, Rebecca; Jeffreys, Stephen; Branthonne-Foster, Stella; Lloyd-Evans, Brynmor; Johnson, Sonia (2019). "Variations in patterns of involuntary hospitalisation and in legal frameworks: an international comparative study". The Lancet Psychiatry. 6 (5): 403–417. doi:10.1016/S2215-0366(19)30090-2. PMC 6475657. PMID 30954479.
  4. ^ Coker, Richard; Thomas, Marianna; Lock, Karen; Martin, Robyn (2007). "Detention and the Evolving Threat of Tuberculosis: Evidence, Ethics, and Law". Journal of Law, Medicine & Ethics. 35 (4): 609–15, 512. doi:10.1111/j.1748-720X.2007.00184.x. ISSN 1073-1105. PMID 18076512. S2CID 19924571.
  5. ^ Global Security Glossary. Accessed June 2, 2008.
  6. ^ Princeton wordnet Archived 2005-09-17 at the Wayback Machine. Accessed June 2, 2008.
  7. ^ "Universal Declaration of Human Rights". United Nations. United Nations. 1948-12-10. Retrieved 2025-02-02.
  8. ^ "Geneva Convention relative to the Treatment of Prisoners of War". UN Human Rights: Office of the High Commissioner. Geneva: United Nations. 1949-08-12. Retrieved 2025-02-02.

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