RIGHT TO LIBERTY AND SECURITY OF PERSON (UDHR, ICCPR) Arbitrary arrest and detention Deprivation of liberty, without legal reason or process, by an act of Government or with its complicity, tolerance or acquiescence. What is “arbitrary”? ● not based on legal grounds ● not respecting legal procedures ● not reasonable/appropriate in the circumstances ● proportional to the legal objectives ● discriminatory ● not predictable ● without fair, solid and substantial cause ● unduly intrusive vis-à-vis other rights OHCHR Police Trainer’s Guide Session 6 (Arrest)/1 72