Indefinite detention without trial

Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency without a trial, and violates many national and international laws, including human rights laws. In recent years, governments have indefinitely held those they say are suspected of terrorism, sometimes declaring them enemy combatants.

Most of the nations of the world and human rights groups hold unfavorable views of indefinite detention.

In 1994, indefinite detention was introduced for Vietnamese, Chinese, and Cambodian refugees; previous laws had had a 273-day limit. In 2004, Australia's high court ruled in the case Al-Kateb v Godwin that the indefinite detention of a stateless person is lawful.

The Internal Security Act an act enforced since 1960 is a preventive detention law enforced in Malaysia which allows indefinite detention without trial for 2 years and further extension as needed. Internal Security Act was repealed in 2012 amid public pressure for political reform. The new law The Prevention of Terrorism Act (POTA) was introduced in Mar 2015 after a series of terrorism activities happened in Malaysia. POTA allows authorities to detain terrorism suspects without trial, but it states that no person shall be arrested for their political beliefs or activities.

In Singapore, the Internal Security Act allows the government to arrest and indefinitely detain individuals who pose a threat to national security.

In Switzerland, local laws related to 'dangerousness' can be evoked to incarcerate persons without charge. This was controversially effected in the case of Egyptian refugee Mohamed El Ghanem.

In 2004, the House of Lords ruled that indefinite detention of foreign terrorism suspects under section 23 of the Anti-Terrorism Crime and Security Act 2001 violated the Human Rights Act and the European Convention on Human Rights. Under Schedule 8 of the Terrorism Act 2000, the detention of terrorism suspect may be increased upon application of a Warrant for further detention by a Crown Prosecutor (England & Wales), The Director of Public Prosecutions (NI), the Lord Advocate or procurator fiscal (Scotland), or a Police Superintendent (any part of the United Kingdom).

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