The five categories of arbitrary detention
Under its methods of work (A/HRC/36/38), as quoted in its opinions, the Working Group classifies arbitrary deprivation of liberty into five categories, and a single case can fall into several.
- Category I covers cases where it is clearly impossible to invoke any legal basis justifying the deprivation of liberty.1,2
- Category II covers deprivation of liberty that results from the exercise of rights or freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of Human Rights and, for States parties, articles 12, 18, 19, 21, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights.1,2
- Category III covers cases where the failure to observe fair trial norms is of such gravity as to give the deprivation of liberty an arbitrary character.1,2
- Category IV covers prolonged administrative custody of asylum seekers, immigrants or refugees without the possibility of administrative or judicial review or remedy.1
- Category V covers deprivation of liberty that violates international law on the grounds of discrimination based on birth, national, ethnic or social origin, language, religion, economic condition and other grounds listed in the methods of work.1
- OHCHR Fact Sheet No. 26 lists only the first three categories. Categories IV and V appear in the methods of work as quoted in current opinions, such as Opinion No. 11/2024, which cites document A/HRC/36/38.2,1
Sources
- UN Working Group on Arbitrary Detention, Opinion No. 11/2024 concerning Evan Gershkovich (Russian Federation), A/HRC/WGAD/2024/11 (20 March 2024)
- OHCHR, Fact Sheet No. 26, The Working Group on Arbitrary Detention