統測
113年
[外語群英語類] 專業科目(2)
第 26 題
📖 題組：
Arbitrary detention is the violation of the right to liberty. It refers to the act of apprehending and taking away a person’s freedom without following nationally recognized laws or international standards. When someone is detained arbitrarily, they are deprived of means to defend themselves from extrajudicial execution, enforced disappearances, torture and other cruel, inhuman or degrading treatment, etc. Article 9 of the International Covenant on Civil and Political Rights specifies the circumstances that make detention arbitrary. 1. The grounds for the arrest are illegal. 2. The procedural rights of the victim were not respected. 3. The victim was not informed of the reasons for the arrest. 4. The victim was not brought before a judge within a reasonable amount of time. Reports of civilians who were held by Russian armed forces or went missing appeared shortly after the Russian Federation launched its full-scale military attack against Ukraine on 24 February, 2022. Meanwhile, the number of conflict-related detentions increased in several areas of the Donetsk and Luhansk regions, according to data provided by the Office of the United Nations High Commissioner for Human Rights (OHCHR). Between 24 February 2022 and 23 May 2023, OHCHR documented 864 cases of arbitrary detention by Russian armed forces. A significant number of these cases also amount to enforced disappearances. (Chart: ARBITRARY DETENTIONS BY THE RUSSIAN FEDERATION, DOCUMENTED BY OHCHR*, from 24 February 2022 to 23 May 2023. Shows data by month of initial apprehension and by gender/affiliation.) On 29 April 2022, a local activist and citizen journalist from Feodosiia vanished from sight while returning from work in Koktebel. On the same day, her parents’ house was searched by six Federal Security Bureau (FSB) agents. When the father questioned them about his daughter, one of the officers responded that she was detained for “handing non-classified information to a foreign country” and declined to reveal where she was being held. In the following days, the victim’s relatives went to the location where she was taken and collected closed circuit television (CCTV) footage from a nearby gas station. In the video, the activist was forced into a car by three men. Despite the relatives’ request, the local police did not review the footage. On 7 May 2022, the victim’s lawyer was able to ascertain that she was being held in an unofficial place, where officers interrogated her and pressured her to confess to a crime and sign a self-incriminating statement without the presence of legal representation.
Arbitrary detention is the violation of the right to liberty. It refers to the act of apprehending and taking away a person’s freedom without following nationally recognized laws or international standards. When someone is detained arbitrarily, they are deprived of means to defend themselves from extrajudicial execution, enforced disappearances, torture and other cruel, inhuman or degrading treatment, etc. Article 9 of the International Covenant on Civil and Political Rights specifies the circumstances that make detention arbitrary. 1. The grounds for the arrest are illegal. 2. The procedural rights of the victim were not respected. 3. The victim was not informed of the reasons for the arrest. 4. The victim was not brought before a judge within a reasonable amount of time. Reports of civilians who were held by Russian armed forces or went missing appeared shortly after the Russian Federation launched its full-scale military attack against Ukraine on 24 February, 2022. Meanwhile, the number of conflict-related detentions increased in several areas of the Donetsk and Luhansk regions, according to data provided by the Office of the United Nations High Commissioner for Human Rights (OHCHR). Between 24 February 2022 and 23 May 2023, OHCHR documented 864 cases of arbitrary detention by Russian armed forces. A significant number of these cases also amount to enforced disappearances. (Chart: ARBITRARY DETENTIONS BY THE RUSSIAN FEDERATION, DOCUMENTED BY OHCHR*, from 24 February 2022 to 23 May 2023. Shows data by month of initial apprehension and by gender/affiliation.) On 29 April 2022, a local activist and citizen journalist from Feodosiia vanished from sight while returning from work in Koktebel. On the same day, her parents’ house was searched by six Federal Security Bureau (FSB) agents. When the father questioned them about his daughter, one of the officers responded that she was detained for “handing non-classified information to a foreign country” and declined to reveal where she was being held. In the following days, the victim’s relatives went to the location where she was taken and collected closed circuit television (CCTV) footage from a nearby gas station. In the video, the activist was forced into a car by three men. Despite the relatives’ request, the local police did not review the footage. On 7 May 2022, the victim’s lawyer was able to ascertain that she was being held in an unofficial place, where officers interrogated her and pressured her to confess to a crime and sign a self-incriminating statement without the presence of legal representation.
26. Which of the following best defines arbitrary detention as described in the passage?
(A) Arresting someone without a court warrant does not affect their capacity to defend themselves.
(B) An individual is detained without procedural justice, a fair trial, or any legal basis for deprivation of liberty.
(C) Individuals are secured from illegal killing, torture, and other acts of brutality, when they are detained arbitrarily.
(D) Protecting people’s rights to liberty is crucial because it is the first line of defense against cruel or harsh punishment.
- A Arresting someone without a court warrant does not affect their capacity to defend themselves.
- B An individual is detained without procedural justice, a fair trial, or any legal basis for deprivation of liberty.
- C Individuals are secured from illegal killing, torture, and other acts of brutality, when they are detained arbitrarily.
- D Protecting people’s rights to liberty is crucial because it is the first line of defense against cruel or harsh punishment.
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請仔細閱讀文章第一段關於 arbitrary detention 的定義，並對照文中引用《公民與政治權利國際公約》第 $9$ 條所列舉的四項具體準則。請思考：當一個拘捕行為被判定為『任意』時，它在『法律依據』（legal grounds）與『程序正義』（procedural justice）這兩個核心維度上，表現出什麼樣的缺失？
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