Administrative detention Administrative detention is arrest and detention of individuals by the state without trial , usually for security reasons . A large number of countries , both democratic and undemocratic , resort to administrative detention as a means to combat terrorism , control illegal immigration , or to protect the ruling regime . Unlike criminal incarceration ( imprisonment ) imposed upon on conviction following a trial , administrative detention is a forward - looking mechanism . While criminal proceedings have a retrospective focus - they seek to determine whether a defendant committed an offense in the past - the reasoning behind administrative detention often is based upon contentions that the suspect is likely to pose a threat in the future . It is meant to be preventive in nature rather than punitive ( see preventive detention ) . The practice has been criticized by human rights organizations as a breach of civil and political rights . Counter - terrorism . Administrative detentions are defined in the law of many of the world ' s states . In democratic countries using administrative detention as a counter - terrorism measure , the rationale given by its proponents is that legal existing systems are ill suited to handle the specific challenges presented by terrorism . Proponents of administrative detention maintain that criminal law ' s reliance on defendant rights and strict rules of evidence cannot be used effectively to remove the threat of dangerous terrorists . Some of the reasons often used to support this claim are that the information used to identify terrorists and their plots may include extremely sensitive intelligence sources and methods , the disclosure of which during trial would undermine future counter - terrorism operations . It is also claimed that the conditions under which some suspected terrorists are captured , especially in combat zones , make it impossible to prove criminal cases using normal evidentiary rules . Proponents also maintain that criminal prosecution is designed primarily to punish past behavior , thus it is deliberately skewed in favor of defendant , in order to assure that few , if any , innocents are punished . Counter - terrorism , on the other hand , aims to prevent future action , and thus requires a system that is weighed more heavily toward reducing the possibility of future harm , by ensuring that no guilty party will go free . The Laws of War are also seen by the proponents as inadequate . These laws allow the capture of enemy fighters , and also allow holding them for the duration of hostilities without trial . However , these laws grew out of the need to regulate combat between professional armies accountable to a sovereign state , who were engaged in combat of possibly lengthy , but finite duration . Attempting to apply these laws to terrorists who are intermingled with a civilian population and accountable to no - one opens the possibility of indefinite detention without trial , combined with a substantial likelihood of error . Opponents of administrative detention challenge the above assumptions . While acknowledging the need to protect the sources and methods used to obtain sensitive intelligence , they maintain that existing laws , such as the Foreign Intelligence Surveillance Act ( FISA ) and the Classified Information Procedures Act ( CIPA ) , successfully balance the need to protect sensitive information , including the sources and means of intelligence gathering , with defendants ' fair trial rights . They point to the historical record of prosecutors who were able to obtain convictions against terrorists on the basis of existing laws . Opponents maintain that in essence , administrative detention is a form of collective punishment like being used in Israel . Since it does not require proof of individual guilt , it attributes to all members of a group the actions of a few . Immigration control . Many countries utilize administrative detention to hold illegal immigrants – those arriving at a country ' s borders without proper authorization – as an interim step to either deportation or the obtainment of proper legal status . Immigration detention is controversial because it presents a clash between traditional notions of individual liberty and the territorial sovereignty of States . Comparative studies on administrative detention practices of different countries found that those experiencing large - scale influxes of illegal migrants by sea ( such as the USA and Australia ) typically have the most draconian systems . Proponents of administrative detention for illegal immigrants claim that detention is required since these immigrants have not committed any crime for which they could be prosecuted under existing laws , and that allowing them to await their potential deportation while not in custody runs a risk of their absconding . Opponents maintain that alternatives to detention exist , and that such alternatives are preferable because they do not violate personal liberty , as well as being less of a financial burden to the state . Among the alternatives suggested are supervised release to a Non - governmental organization ( NGO ) , the release into the custody of a private citizen who will guarantee the immigrant ' s participation in immigration hearings , and " Open detention " centers with mandatory reporting requirements . Protection of the ruling regime . In many non - democratic countries , administrative detention is used by the ruling regime to suppress dissent and sanction opponents of the government . In Asia in particular , administrative detention was first introduced by the British and French colonial authorities prior to and during World War II . Created as a mechanism to control political dissent , it has ironically survived and made its way into the law books of the now - independent former colonies , who legitimized its use against their own political opponents in their constitutions . In many cases , they were and codified as " emergency measures " or " internal security " acts . Bangladesh , India , Malaysia , Myanmar , Pakistan , Singapore and Sri Lanka are notable examples of such former colonies who hold political prisoners under administrative detention which has its legal roots in British colonial practices . Vietnam is an example where administrative detention was widely used by the French colonial authorities in the 1930s , to arrest those suspected of Communist activities . Post - independence , the now - ruling Communist authorities have employed very similar means to detain those suspected of ` ` counter - revolutionary " offenses . Some of these political prisoners , such as Aung San Suu Kyi in Myanmar , have become known worldwide due to the detention , and their cause is championed by human rights organizations . Instances of administrative detention . Armenia . Armenia has been criticized by Human Rights Watch for not fully reforming the legal framework it inherited from the former Soviet Union , and failing to bring its administrative detention system into accord with prevailing international norms . During the 2003 Presidential elections , Armenian police arbitrarily applied the Code of Administrative Offenses , under which administrative detention is authorized , to lock up dozens of opposition activists and supporters for periods of up to fifteen days . Australia . Like many other countries experiencing large scale illegal immigration , such as Canada and the United States , Australia has a system of mandatory administrative detention for illegal immigrants , or asylum seekers who arrive at its shores without proper visas . The legal basis for this system is found in Australia ' s Migration Act 1958 ( Cth ) , which authorized the indefinite detention of an unlawful non - citizen who can not be deported immediately . Human Rights Watch criticized this Australian policy , claiming it seriously contravenes Australia ' s obligations to non - citizens , refugees and asylum seekers under international human rights and refugee law . Additionally , opposition to the system on humanitarian grounds came from a range of religious , community and political groups including the National Council of Churches , Amnesty International , Australian Democrats , Australian Greens and Rural Australians for Refugees Brazil . Administrative detentions in Brazil are admitted only for members of the military . Any member of the Brazilian Armed Forces may be imprisoned if found to be repeatedly in violation of the Military Disciplinary Regulations ( " Regulamento Disciplinar " ) by his or her superiors . Each military branch has issued a list of " transgressions " in their Disciplinary Regulations . The harshest punishment of this kind , in the Brazilian Army , is a 30 - day imprisonment penalty . Notwithstanding , members of the Brazilian Armed Forces under administrative detention may be granted a " habeas corpus " by the justice system to deliver them from imprisonment . They retain their full rights as citizens . Burma . In an overview that describes Burma as " one of the most repressive countries in Asia " , Human rights Watch quotes a Red Cross report that states that in 2002 , there were approximately 3 , 500 detainees in Burma , of which 1 , 300 are political prisoners , including parliament members . Burmese authorities often extend the detention of prisoners who have already served their prison sentences , by placing them under administrative detention . This practice is used even with elderly and infirm prisoners . One of the most notable cases of this practice was the detention of Aung San Suu Kyi . China . The use of administrative detention in China has been commonplace since before 1949 . At that time , it was used primarily against minor offenders as well as against opium addicts , prostitutes , vagrants and those considered to be insane . Since the 1978 legal reforms in China , the public security organs ( gong ' an jiguan ) , primarily the police , hold administrative detention powers which are used alongside the state ' s criminal justice system . Administrative detention is used against subjects that are viewed by the ruling regime as " socially undesirable " , in order to maintain public order , social stability and political stability of the ruling regime . This target group includes prostitutes and their clients , drug addicts , political dissenters and petty criminals , who perform legal misdemeanors that are not serious enough for criminal prosecution . Custody and repatriation ( Chinese : 收容遣送 ; Pinyin : shōuróng qiǎnsòng ) was also used until 2003 for people , especially peasants , who did not have required papers . There are three main forms of these administrative detentions : " detention for education " ( " Shourong jiaoyu " ) , coercive drug rehabilitation ( " Qiangzhi jiedu " ) , and " reeducation through labor " ( " Laodong jiaoyang " ) . In addition , administrative detention is used for several internal security reasons , such as detention under the Security Administrative Punishments Law ( " Xingzheng juliu " ) ; Administrative detention for questioning of suspects ( " Luizhi panwen " ) ; and detention of juvenile offenders in work - study schools ( " Shourong jiaoyang " ) The use of administrative detention in China has been criticized by international human rights organizations , as well as by domestic groups . These criticisms maintain that the police often abuse their power , that the execution of these powers is at the complete discretion of the police , and that there are no legal constraints placed on their execution . Egypt . Egypt ' s Emergency Law No . 162 of 1958 authorizes the government to suspend basic civil liberties by declaring a state of emergency . Such a state of emergency has been in force almost continuously since 1967 . Acting under this law , Egyptian authorities have administratively detained individuals who were suspected of membership in banned organizations such as the Muslim Brotherhood , as well as individuals engaged in peaceful demonstrations expressing opposition to the war in Iraq or support for the Palestinian uprising . Human Rights Watch has criticized this practice as the use of emergency legislation for ' repression of public dissent ' . Amnesty International charges that relatives of political prisoners in Egypt have been administratively detained solely because of their family relationship . The Egyptian government refuses to disclose how many administrative detainees are held , but human rights groups estimate that 16 , 000 - 20 , 000 are held in detention without charge . Ireland . Ireland utilizes administrative detention to control illegal immigration . Beginning in 1996 , a legal framework was put in place to authorize the use of administrative detention for this purpose . This legal framework includes the Refugee Act , 1996 , the Immigration Acts , 1999 , 2003 and 2004 , and the Illegal Immigrants ( Trafficking ) Act 2000 . According to official Irish government statistics , in 2003 - 2004 , a total of 2 , 798 people were administratively detained for immigration - related reasons , two thirds of whom were held in prison for periods of longer than 51 days . The vast majority ( more than 90 % ) of detainees are held in one of two Dublin prisons , Cloverhill Prison ( male detainees ) and the Dóchas Centre at Mountjoy Prison ( female detainees ) . The rest are held in prisons as well as border control ( Garda Síochána ) stations . The Council of Europe and human rights organizations have criticized the overcrowded conditions in which the detainees are held , as well as the fact that detainees are held together with convicted criminals . In addition , Human Rights Consultants have reported that Irish law does not protect the rights of detainees , by not informing them of their right to challenge the legality of their detention , nor recognizing their rights to have access to a lawyer and to have access to medical care . Israel . The legal basis for Israel ' s use of Administrative Detention is the British Mandate 1945 Law on Authority in States of Emergency ' as amended in 1979 . Administrative detention is often used for indefinite detention of Palestinian political prisoners . According to Addameer , Israel held 285 Palestinians in administrative detention in June 2012 . Eighteen of them were members of parliament , out of 4 , 706 political prisoners . According to B ' Tselem , as of April 2012 , about 308 Palestinians were being held under administrative detention by the Israel Prisons Service and statistics on those held by the IDF were unavailable . According to the Israel Prison Service figures for December 2012 , 178 Palestinians were being held in administrative detention ( without charge or trial ) . Administrative detention seems to be mainly used by Israel against individuals not engaged in violent activities . Administrative detention is also used in cases where the available evidence consists of information obtained by the security services ( particularly the Shin Bet ) , and where a trial would reveal sensitive security information , such as the identities of informers or infiltrators . Although it is commonly applied to alleged Palestinian militants , it has in the past also a few times been applied to Jewish Israeli citizens , including Jewish right - wing public - figures and activists ( e . g . in the aftermath of the assassination of Yitzhak Rabin ) and in more recent years sometimes to settlers for short periods . Within Israel , the Defense Minister has the authority to issue Administrative Detention orders for up to 6 months in cases where there is a reasonable chance that the person harms the security of the state . The same Minister has the authority to renew such orders . Likewise , the Chief of the General Staff can issue such orders , but valid for only 48 hours . Law enforcement authorities have to show cause within 48 hours ( in a hearing behind closed doors ) . Administrative Detention orders can be appealed to the District Court and , if denied there , to the Supreme Court of Israel . The District Court can annul such orders if it finds the administrative detention occurred for reasons other than security ( e . g . , common crimes , or the exercise of freedom of expression ) . Overall supervisory authority on the application of the relevant law rests with the Minister of Justice . Within the West Bank and Gaza Strip , any local army commander can issue an administrative detention order , and the order can be appealed at the local military court , or , if denied there , at the Supreme Court . Here too , an administrative detention order is valid for at most six months , but can be renewed by the appropriate authority . Israel refers its use of administrative detention in the occupied territories to Article 78 of the Fourth Geneva Convention 1949 , which states that " If the Occupying Power considers it necessary , for imperative reasons of security , to take safety measures concerning protected persons , it may , at the most , subject them to assigned residence or to internment . " Jordan . The Crime Prevention Law ( No . 7 of 1954 ) in Jordan authorizes administrative detention . Authority resides with Jordan ' s provincial governors and the administrators of provincial subdivisions . The law allows the detention of anyone " about to commit a crime or to assist in its commission " , people who " ' habitually ' steal , shelter thieves , or fence stolen goods " or anyone deemed to present " a danger to the people " if they are not detained . Although the Crime Prevention Law does not provide a legal basis for the use of administrative detention for " protective custody " , the law was routinely used until 2007 to detain women at risk of violence , honor killing by family members for example . The use of the law in this way has been criticized by the United Nations and Human Rights Watch . In 2007 , the government opened the Wifaq Center for women at risk of violence , and in 2008 , women who had been in protective custody were transferred from prison to the center , although the practice of sending women to prison for " protective custody " using the Crime Prevention Law has not completely ceased . Detained women cannot obtain their own release , the transfer must be approved by the family members who have threatened the women . According to Jordan ' s National Centre for Human Rights , administrative detention was used in 11 , 870 cases in 2008 , 16 , 050 in 2009 , 12 , 345 in 2010 , and 11 , 345 in 2011 . The law does not provide for independent or court review of the administrative detention decisions although detainees can petition the High Court of Justice . Syria . Legislative Decree No . 51 of 22 December 1962 introduced the State of Emergency Law , which came into force on 8 March 1963 , that allowed the security forces to hold suspects in preventive detention without judicial oversight for indefinite periods . United Kingdom . The UK has maintained many forms of Administrative detention over the years . The most recent forms were a series of Acts intended to introduce a form of administrative detention to Northern Ireland under the auspices of the Prevention of Terrorism ( Temporary Provisions ) Act 1974 . This Act allowed the security forces to apprehend and detain persons suspected of terrorist activities without trial for an unlimited period . The introduction of the Act led directly to the creation of internment camps ( particularly Long Kesh ( the Maze ) and the prison ship HMS " Maidstone " where suspects were detained , some for protracted periods . The Act of 1974 was amended a number of times during the late 20th and early 21st century , the most recent incarnation being the Prevention of Terrorism Act 2005 which introduced the concept of the control order , itself a more politically palatable means of limiting the freedom of a suspect without the need to provide a court of law with prima facie evidence of any wrongdoing . United States . The United States currently uses indefinite detention without trial - known under various names as internment , civil commitment , preventive detention , or administrative detention - to hold people who fall within a few narrow categories , including the mentally ill ( involuntary commitment ) , and " sexually violent predators " , though the right of habeas corpus still applies , and some determinations regarding mental illness and sexual dangerousness are made by juries . During World War II , the United States detained over 100 , 000 Japanese Americans in internment camps ; smaller numbers of German Americans and Italian Americans were interned . The United States also utilizes administrative detention as a counter - terrorism measure , and as a means to control illegal immigration . There are approximately 100 , 000 persons in removal proceedings at any one time , and about 31 , 000 held in detention during these proceedings . Following the September 11 attacks , the USA PATRIOT Act was passed . The Act expanded the authority of law enforcement agencies to use administrative detention for the stated purpose of fighting terrorism in the United States and abroad . Under the Act , any person ( citizen or alien ) suspected of terrorist connections may be administratively detained for up to seven days without the benefit of an habeas corpus proceeding . The Attorney General , at his discretion , may extend this seven - day period to six months , and this extension itself may be renewed indefinitely – legally creating the possibility of lifetime imprisonment without ever facing charges . One of the criticisms of the PATRIOT Act is that the Attorney General ' s decision is not subject to any judicial review , unlike the situation in other democratic countries which have similar administrative detention laws . As part of the War on Terror , and particularly during and after the War in Afghanistan , U . S . forces captured hundreds of suspected terrorists , who were subsequently detained without trial at the Guantanamo Bay detention camp . The U . S . initially refused to grant these detainees prisoner of war status , holding that they were illegal ( unlawful ) enemy combatant s . Of the 775 detainees incarcerated at Guantanamo , 420 have been released without charge , and only one has been tried and convicted . U . S . authorities claim that they intend to put 60 - 80 more on trial . Criticism by human rights groups . Administrative detention practices have come under severe criticism , with critics claiming that it breaches human rights . Amnesty International believes that administrative detention breaches Article 9 of the International Covenant on Civil and Political Rights ( ICCPR ) which " makes clear that no - one should be subjected to arbitrary detention and that deprivation of liberty must be based on grounds and procedures established by law " . The ICCPR does allow a government , under narrow circumstances , such as a public emergency threatening the life of a nation , to temporarily derogate from its obligation not to engage in arbitrary detention . Amnesty International is also concerned that prisoners of conscience are being " held solely for the non - violent exercise of their right to freedom of expression and association " . The United Nations has created the Working Group on Arbitrary Detention on the issue . One of the issues the group has focused on is the determination whether a detention is arbitrary or not – which is not as clear - cut in the case of administrative detention as it is in the case of criminal arrest . The group has proposed certain guidelines to aid in such determination . For example , it has suggested that any deprivations of liberty that violate the freedom of association must be deemed arbitrary . Based on these guidelines , the group has condemned countries who have used long - term administrative detention when the detainees were held for the mere fact of belonging to an " illegal organization . " .