Detention and arrest

Chapter summary

Detention refers to the holding of a person against their will by an individual or group (e.g. community groups, local authorities, militia or military groups) with no threat of harm to the detainee, but also no clear condition for their release. Detention can be a frequent occurrence in aid work (e.g. being held at a checkpoint) and can range from hours to days or longer. Arrest refers to formal detention by an official authority (normally the police but also the military) or the presumptive authorities. Arrest differs from the more general type of detention mentioned above in that it involves official authorities invoking their legal powers.

The risk of detention and arrest increases in contexts where there is a substantial reliance on humanitarian aid, where there is negative sentiment towards an aid organisation or aid work in general, and where there are political or financial incentives at play. Detentions and arrests can have negative impacts on the health, safety and well-being of affected staff, result in operational disruptions, and affect an organisation’s reputation and relationships with local actors.

Effective planning and preparedness are crucial for mitigating the risks associated with the arrest and detention of aid workers. Note that preventing an arrest that follows legal procedure is obviously not normally possible. While an arrest that does not follow proper legal procedure can be challenged, it is unlikely to be preventable. As part of their planning and preparedness, organisations should ideally design multilayered and detailed contingency plans to protect their staff and ensure the continuity of their operations with respect to both detention and arrest risks. Measures include relevant context and risk analysis, legal preparedness, training and awareness-raising for staff, advocacy and networking, and staff care protocols. For longer-duration incidents, organisations will also need to be prepared to liaise with affected family members.

Detention and arrest situations will usually require the implementation of an incident response plan in line with the organisation’s crisis management structure. In any scenario, the main priority is to work towards the safe and speedy release of the staff member. To achieve this, the organisation needs an informed response approach, which is likely to include mobilising support from local stakeholders.

Appropriate responses to detentions will vary by situation. In some cases, the detainee may be able to negotiate their own release. In others, the incident may be designed to force the organisation or another entity to pay attention and engage in serious dialogue, in which case responding to this expectation can be enough to end the incident. In other circumstances, liaising with local authorities or influential local leaders may be the most appropriate recourse.

As with other critical incidents, serious and longer-term detention and arrest incidents will involve family liaison, coordination with relevant authorities, staff care and legal redress considerations, as well as media and communications management.