detaining

Detaining is the act of depriving a person of liberty by a public authority for a finite period, typically to investigate, ensure safety, or enforce laws. Detention may occur during police inquiries, border checks, or custodial care and can be distinguished from formal arrest, although in many jurisdictions detention is a component of the arrest process. The legitimacy of detention rests on legality, necessity, and proportionality.

International and regional human rights instruments set limits on detention. The International Covenant on Civil and Political Rights prohibits arbitrary deprivation of liberty and requires that any detention be lawful, necessary, and proportionate, with reasons promptly communicated, and with the right to challenge it. Domestic laws specify the grounds, maximum durations, and procedures for detention, including court oversight for longer holds and avenues for release.

Detainees have rights, including to be informed of the reasons for detention and the charges, to legal counsel, to contact a lawyer and family, to humane treatment, to medical care, and to a prompt opportunity to seek release or challenge detention. In many jurisdictions, detainees may not be compelled to provide self-incriminating statements and should have access to interpretation if needed. Pregnant or minor detainees often have additional protections.

Detention contexts include stop-and-frisk or investigative detention by police, administrative detention by immigration or security authorities, pretrial detention, or civil/psychiatric detention. The duration and conditions vary; some detentions require judicial authorization or periodic review.

Oversight and remedies: detainees may appeal to courts, supervisory bodies, or ombudspersons. Remedies for unlawful detention include release, compensation, or corrective measures. Ensuring proportionality and protection against abuse is a core objective of rule-of-law systems.