Arbitrary
detention is an ambiguous issue as it is only mentioned, not clearly defined in
international instruments such as the Universal Declaration of Human Rights. Arbitrary
detention is detaining someone without good reason or denying them access to their
human rights while being detained. Those who are arbitrarily detained are being
deprived of their personal security and liberty. By agreeing to international
treaties such as the UDHR, the Australian Government gains obligations to
protect individuals’ liberty. Some of these include, telling them why they are
being detained and they have to be tried within a reasonable time of being
detained. Another obligation of the government is to allow the person who has
been detained to challenge the lawfulness of their arrest. These rights are
taken from people who have been arbitrarily detained. A person being
indefinitely or arbitrarily detained is incompatible with article 9 of the UDHR.
A
prominent example of arbitrary detention currently in Australia is the
mandatory detention policy of asylum seekers. Asylum seekers are often detained
indefinitely while it is being determined whether they are genuine asylum
seekers. They often develop mental illnesses which have in the past led to
self-harm and suicide. They are denied fundamental rights like being able to
question the validity of their arrest in court. Australian courts do not have
the power to release asylum seekers from detention. Immigrants have also known
to be arbitrarily detained. An example is Cornelia Rau who was detained for ten
months between 2004 and 2005 in Brisbane Women’s Correctional Centre and Baxter
Detention centre in South Australia. This led to a further deterioration of her
mental health. This case cast a shadow of doubt on the effectiveness of
Australia’s immigration system.
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