Arbitrary or extrajudicial detention is the detention of individuals by a state, without ever laying formal charges against them.
Although it has a long history of legitimate use in wartime (see prisoner of war, Civilian Internee), detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states. Article 9 of the Universal Declaration of Human Rights states that, "No one shall be subjected to arbitrary arrest, detention or exile."
Writ of Habeas Corpus
In English speaking democracies, since the thirteenth century signing of the Magna Carta, captives were able to call upon the writ of habeas corpus — literally "you have the body." This legal procedure required the state to show that there was a meaningful, legal justification for their detention.