Detention in the context of counterterrorism and armed conflict: Continuities and new challenges

This article explores recent practices of States in relation to counterterrorism and armed conflict detention. Recent cases in the courts of the UK and US are drawn on to demonstrate the continued defence by those States of their administrative detention practices. Furthermore, the practice of other States in adopting new administrative detention laws as part of their counterterrorism strategies is explored. Finally, two examples of contemporary controversies are then considered to show where much of the debate is likely to be focused in the coming years, namely the use of other administrative measures short of detention, particularly assigned residence, and detentions carried out by armed groups that are supported by foreign States.

The police competence to ensure the rights and freedoms of citizens in modern society

The aim of the study is to form a systematic approach to understanding and resolving a set of tasks of police activities that guarantee the rights and freedoms of citizens in modern society. It was concluded that the most typical negligence in this area includes violations of the rights and freedoms of citizens such as the installation of administrative actions against them without any sign of the crime, incorrect characterization of administrative infractions, the violation of the procedural order of administrative detention, cases of unjustified detention without preparation of reports, as well as exceeding the legal deadlines for administrative detention. Particular attention was paid to the set of means of appeal in proceedings concerning administrative offences, which may be referred to as the institution of the protection of citizens' rights and freedoms. Common European approaches to the legal regulation of policing and the influence of European Union law and decisions of the European Court of Human Rights on the guarantee of human rights and freedoms in policing were analyzed.

Internment on Security Grounds

One of the main security measures employed by the military authorities in the Occupied Territories has been internment, outside the criminal process. The main form of internment, employed since the beginning of the occupation, has been administrative detention. This form of detention was not considered appropriate when there were mass detentions of potential fighters during active hostilities and a special legal arrangement was adopted to deal with such detentions. Another form of detention adopted at the beginning of this century is incarceration of persons regarded as ‘unlawful combatants.’ This chapter discusses the Court’s approach in review of all these forms of internment.

REGARDING THE REGULATORY REGULATION OF TERMS AND PROCEDURE FOR ADMINISTRATIVE DETENTION OF OFFENSERS FOR DOMESTIC VIOLENCE

The article deals with the issue of normative regulation of the terms and procedure of administrative detention of offenders committed domestic violence in order to justify increasing the detention period for domestic brawlers for more than three hours. It is proposed to supplement Article 263 of the Code of Ukraine on Administrative Offenses with the fourth part of the following content: “Persons who have committed domestic violence, i.e. the intentional commission of any act of a physical nature (use of violence that did not cause bodily harm; threats; insults or persecution; deprivation of housing, food, clothing, other property or funds that belongs to the victim, who has the right on it guaranteed by law, et.) must be detained for up to 72 hours for referral to trial if the physical or mental health of the victim was damaged or could be damaged. This applies to cases if the urgent injunction was not executed by the person in respect of whom the order was issued or if person did not notify the authorized units of the National Police of Ukraine of the place of his/her temporary stay”. It was proposed to detain domestic rowdies after administrative detention in special rooms for arrestees. The proposal of legal scholars and law enforcement officers regarding the possibility of administrative proceedings without the obligatory presence of a person who was brought to administrative responsibility for committing domestic violence has been also supported. This provision of the current Code of Ukraine on Administrative Offenses already in its content has certain precedents for increasing the term of compulsory detention of a detained person for committing certain administrative offenses. Thus, there is a certain procedural precedent, which makes it possible to increase the terms of administrative detention for other administrative offenses, which in their content have more significant harmful consequences for society, such as Article 10 of this Code. Thus, among the administrative offenses, such as those listed in paragraph 1 of part 2 of Article 262 of the Code of Administrative Offenses of Ukraine, for which administrative detention is provided for no more than three hours, domestic violence is the one that, on our opinion, has the most serious harmful consequences for society.

ADMINISTRATIVE AND LEGAL REGULATION OF THE ADMINISTRATIVE DETENTION OF OFFENDERS FOR COMMITTING DOMESTIC VIOLENCE: FOREIGN EXPERIENCE AND NATIONAL PRACTICE

The article is devoted to the analysis of administrative and legal regulation of administrative detention of offenders for committing domestic violence in some foreign countries. The author found that in most foreign countries there is no institution of administrative detention, due to the lack of division of criminal and administrative offenses, and detention of offenders for domestic violence is carried out within the implementation of the institute of criminal responsibility. The experience of such countries as Estonia, the Republic of Azerbaijan, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Moldova, the Republic of Tajikistan, the Republic of Turkmenistan, the Republic of Uzbekistan, where the institution of administrative detention is legally established, has been studied. It was found that not in all of the countries we analyzed, administrative tort law contains a special offense that establishes administrative liability for domestic violence, quite often illegal acts covered by the concept of «domestic violence» are classified under other rules related to the task of harm to health or insults in the field of family and domestic relations. The legislative regulation of administrative detention, its grounds and terms are analyzed. It is emphasized that administrative detention for domestic violence is common in many countries, its terms vary from 3 hours to 72 hours, and one of the reasons for establishing an extended period of administrative detention is the presence in the sanction of an article qualifying the act, a penalty of administrative arrest. The conclusion on expediency of fixing of special term of administrative detention for commission of the administrative offense provided by Article 173-2 of the Code of Ukraine on Administrative Offenses, increasing it to three days, which will actually implement the purpose of this measure to ensure the proceedings – the cessation of domestic violence.

The Effectiveness of Administrative Detention of Migrants in Relation to Return Rates: A Compared Analysis along States of EU South Frontier: Italy, France, Greece and Spain as Cases Study

Administrative detention has gradually become a fundamental instrument in migration policies of European States. The law generally assigns to this measure a key role in supporting removal procedure. On the other hand, administrative detention has been recognised as a symptom of the crimmigration crisis. This article aims to challenge the expected benefits of administrative detention as an effective measure to guarantee the enforcement of removal procedures, analysing available data of imprisonments and removals relative to Italy, France, Spain and Greece in the period of time 2014–2019.