MONITORING PLACES OF DETENTION : A PRACTICAL GUIDE FOR NGOS 23 1. THE PROTECTION OF PERSONS DEPRIVED OF THEIR LIBERTY 1.1 Deprivation of liberty The right to liberty and freedom of movement is one of the fundamental human rights. However, it is not absolute. States have the possibility to deprive people of their liberty through arrest or detention where the reasons for deprivation of liberty, and the procedures to be followed are clearly established by law. Arbitrary arrest or detention are prohibited under international law. Deprivation of liberty means the placement of a person in a public or private setting which that person is not permitted to leave at will, by order of any judicial, administrative or other authority. Examples of deprivation of liberty: ■ Arrest ■ Custody before charges (police custody) ■ Custody after charges and before trial (pretrial or remand detention) ■ Imprisonment (serving a prison sentence after definitive verdict has been passed) ■ Administrative detention ■ Detention of juveniles ■ Psychiatric internment ■ Detention as a disciplinary punishment in the military International standards encourage States to limit the use of deprivation of liberty. Pretrial detention should not be used in a systematic way but as “a means of last resort in criminal proceedings, with due regard for the investigation of the alleged offence and for the