Due to the global pandemic, there is the ongoing issue of the unlawful, arbitrary arrest and detention on individuals based on faulty accounts. Various ethnic and religious minorities are utilized as scapegoats for the origin and spread of the virus in their own countries, such as the Shincheonji Church of Jesus Christ in the Republic of South Korea. By definition, arbitrary arrest occurs without any legal basis or is not carried out in accordance with the established law in the given country. As victims of malicious slander by both the news outlets and politicians, According to the International Covenant on Civil and Political Rights, this is a violation of fundamental human rights for the reason that victims are deprived of means to defend themselves. Arbitrary detentions and arrests infringe upon the protected rights of liberty, rights to security, and the rights to challenge the lawfulness of detention. The leaders of the Shincheonji Church face legal charges for alleged “willful negligence” for being hesitant on submitting a list of private information of members to the government as the blatant slander has endangered congregants’ livelihoods in the past.
Furthermore, the Church promised congregation members their private information would be protected from public release, however, handing this list to the government risks exposure which impedes the lives of the members. Today, political figures ignore the conditions that render arbitrary detentions, as it is outlined in Article 9 of the International Covenant on Civil and Political Rights. If a detention or arrest is rendered arbitrary, this suggests an illegal ground of arrest, the lack of information being communicated to the victim regarding the reason for arrest, the absence of procedural rights, and that the victim was not brought before a judge in a reasonable amount of time. Failure to comply with these conditions of an arbitrary arrest suggests that the given country was unable to provide reasonable and appropriate measures to protect an individual’s physical securities. According to the Roman Statute, arbitrary detentions and arrests can be considered a war crime, a crime against humanity, and a crime of genocide.
Particularly during this time of the pandemic, many governments all around the world have silently pushed for these arbitrary arrests and detentions towards activists and minorities. These methods are used as intimidation tactics to suppress dissent from the public, stripping the fundamental human right to security (e.g. Shincheonji). According to an issued US advisory, there is the absolute urgency for governments worldwide to prohibit this unlawful deprivation of liberty, as it “detains individuals without any access to consular services or information about their alleged crime.” Particularly for the US citizens in China, there is a heightened risk of detention and the use of exit bans, as the US activists are sharing information about the coronavirus situation in China. However, if matters are not taken into account, the advisory also noted that US citizens are at risk of “prolonged interrogations and extended detention for reasons related to ‘state security’”.
In response to the growing number of arbitrary arrests and detentions, a group of independent UN experts known as the Working Group on Arbitrary Detention urges prosecutorial and judicial authorities, national human rights institutions, and governments worldwide to consider the context of the control measures for the spread of the coronavirus. In order to control the spread of the virus, it is stressed that any of the arrests/detentions should “be strictly proportionate to the threat, be the least intrusive means to protect public health. and imposed only while the emergency lasts.” Moreover, for the current detentions and arrests that are in place, there is the urgency for governments to determine whether they are justified as required and proportionate to the prevailing context of the global pandemic. In regards to cases that include persons of 60 years and older, pregnant women, and persons with underlying health conditions, it is expressed to refrain from detaining these individuals, as it puts to risk their physical and mental integrity.
