[1] In recent years, governments have indefinitely incarcerated individuals suspected of terrorism, often in black sites, sometimes declaring them enemy combatants – a notable example being the Guantanamo Bay detention camp.
[3] While laws that allow indefinite detention are present in many countries, including liberal democracies, human rights groups hold unfavorable views towards the practice.
[5] In 1992, in the case of Chu Kheng Lim v Minister for Immigration, the High Court of Australia ruled that detention by the government can only be used to punish crimes.
[12][13] In the case of the Falun Gong in particular, there have been claims of extraordinary abuses of human rights in concentration camps, including organ harvesting and systematic torture.
This was controversially effected in the case of Egyptian refugee Mohamed El Ghanem, who was detained without trial for years for refusing to spy on Muslim community leaders in Geneva.
[22] Arnon Nampa was detained without trial in 2020 for 6 days, but after Prime Minister Prayuth Chan-o-cha declared to use all laws, including lese majeste, against the protesters in November 2020.
"[35] On May 16, 2012, in response to a lawsuit filed by journalist Chris Hedges, Noam Chomsky, Naomi Wolf and others,[36] United States District Judge Katherine B. Forrest ruled that the indefinite detention section of the law (1021) likely violates the First and Fifth Amendments of the U.S. Constitution and issued a preliminary injunction preventing the U.S. government from enforcing it.
[42] On July 17, 2013, the U.S. Court of Appeals for the Second Circuit struck down the injunction against indefinite detention of U.S. citizens by the president under the National Defense Authorization Act of 2012.
[44] In 2013, the House of Representatives and the Senate[45] reauthorized the National Defense Authorization Act after amendments to effectively ban indefinite detention of U.S. citizens were defeated in both chambers.