For more than 20 years, Hostage International has supported families and individuals affected by arbitrary detentions and other hostage situations. Over this time, we have gained deep insight into the realities facing people caught up in these situations. In recent years, we have seen a rise in people seeking guidance when a loved one is detained â not because they have committed a crime, but because they are being used as a tool of leverage.
Arbitrary detention as defined by the UN Working Group on Arbitrary Detentions is a broad term which includes the detention of people who may have committed an offence, but where their detention has infringed human rights or international law.
Hostage International supports families and former hostages where someone is held outside their country of residence â including people with dual nationality – and where an individualâs liberty has been deprived without legitimate basis, proper justification, or due legal process. We generally use the term arbitrary detention to refer to these cases.
A significant proportion of our work in this area is around supporting people affected by a sub-category of arbitrary detention, where a state targets foreign nationals (including dual nationals) with the intention of using their detention to gain an advantage domestically or internationally. This is also referred to as wrongful detention or state hostage-taking. When state actors detain foreign nationals to exert political or economic pressure on other governments, it is often known as arbitrary detention in state-to-state relations for diplomatic leverage, or hostage diplomacy.
Many people travelling abroad are unaware that arbitrary detention is a risk; even those who are aware rarely imagine that it could happen to them. However, we are seeing the practice increasing as more rogue states or groups use detention as a bargaining tool – with little regard for the wellbeing of detainees or their families. Risk varies by region. It is important to follow travel advice issued by the foreign ministry in your country of nationality, or countries if you hold multiple passports.
The map below highlights countries where individuals have been arbitrarily detained, and they or they families have received support from Hostage International.
Map highlighting countries where people have been arbitrarily detained and they/ their families have been supported by Hostage International
Anyone can be a victim of arbitrary detention when travelling abroad, particularly in high-risk countries where international rules of law are not consistently upheld. Hostage International has supported a range of individuals including people visiting their family, those who have been taken when working abroad for example in journalism, aid work, engineering, construction, project management, and tourists including social media influencers.
The legal processes in these cases generally do not comply with international law. In some cases, people are held without any obvious legal process at all; in other cases, there may be a legal process, but arbitrary detainees have no independent defence lawyer, or no ability to consult with their lawyer. Even when an independent lawyer is allocated, their role is hampered by a legal process in which the verdict is predetermined. Families often expect that national or international laws will apply, or that established conventions will offer protection. Unfortunately, this is not the case, and it comes as a shock to families that no foreign government or international body has the ability to interfere in the sham legal process that their loved one is submitted to. This is particularly concerning when the charges against their loved one â often charges of espionage, terrorism, or undermining national security â are serious and incur serious penalties.
Arbitrary detention timelines vary. Every case is different, but they can last months or even years. The duration is dictated by the detaining state and their legal processes, with often long intervals between the interrogation period, the charges and the trial itself. While many arbitrary detainees are given harsh sentences of several years, most do not serve their full sentence, and the sentence itself can be the point at which the detaining state begins to consider negotiating an âearlyâ release. With two decades of experience, Hostage Internationalâs experts can help families understand what to expect: the likely stages of the so-called âprocessâ; whether communication or consular visits with the detainee might be possible; what the typical pattern has been in a particular detaining state and what constraints their own government may face in seeking a solution.
Not all detainees are permitted to contact loved ones. When communication does occur, it is usually tightly controlled and may be via phone calls, text messages, WhatsApp or other messaging services, emails, or letters. It is important to remember that the detaining authorities are the primary audience for anything written or said. They will likely read or listen to every communication. Families should focus their calls on reassuring their loved ones that efforts are being made to help them, establishing any medical or other needs, and letting them know the family are okay and love them. Where communication is possible, Hostage International can guide families on how to have supportive and appropriate contact.
Families often have high expectations of what their home government can achieve. However, governments may have limited influence when international laws and norms are disregarded by the detaining state. For example, despite the Vienna Convention on Consular Relations (1963), in around 80% of cases seen by Hostage International, consular access has been either denied or granted only irregularly. Hostage International aims to help foster better relations between families and their home governments, as our experience has shown that when the relationship is positive, the long-term impact on family and hostage wellbeing is significantly improved. At the familyâs request, we can attend government meetings to help them understand the approach, the challenges, and ask questions. Where appropriate, we also encourage governments to have regular, open, informative and credible engagement with families.
Hostage International provides impartial guidance on media engagement, including social media and working with journalists. We do not campaign publicly on individual cases, but can offer discreet, experienced support around publicity and advocacy. There is a growing public perception that media attention plays an important part in bringing about the release of an arbitrary detainee, possibly because such cases are in the public domain. However, we also know of many releases that took place with no publicity at all, and of cases where publicity may have had an adverse impact. Each case must be looked at individually. Even within one case, publicity may be beneficial at one stage and unhelpful at another. Hostage International shares insights to help families navigate differing viewsâfrom government, friends, and advisersâand make informed decisions.
Hostage International offers practical support and guidance for those who have been arbitrarily detained after their release, as well as to their families. Navigating life after arbitrary detention can be complex. Arbitrary detainees and their families have experienced significant trauma, which only starts to get processed after release, and sometimes months or years later. The effects of trauma can create difficult emotions and complicate reintegration at home and at work. After the initial euphoria of being released, many arbitrary detainees harbour feelings of anger and injustice. They want the detaining state to be held to account, and hope support will be provided to them as they begin to rebuild their lives. Unfortunately, for most nationals, there are still limited options for justice and accountability, and few governments offer financial support outside of what is available through normal social security channels. Specialist organisations, such as Hostage International, are often better equipped than governments to provide practical and emotional support, especially in the long-term. Each person we support is assigned a dedicated caseworker who is available to discuss individual needs and to coordinate access to our network of psychologists, psychiatrists, lawyers, financial advisers, and media specialists. We can assist with:
At whatever stage, whether an incident has recently occurred or has been going on for some time, release has just happened or it is years after the event, Hostage International is here to help people manage any day-to-day challenges in their lives that have been caused, or exacerbated, by their experience. For more information or further support tailored for you, please email us: [email protected]
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