Arbitrary: Category I: A detention is arbitrary under Category I where there is no basis for the detention under domestic law; for example, where the government holds a detainee in prison after the expiration of his or her sentence.

Arbitrary: Category II: A detention is arbitrary under Category II where the reason for the detention is the exercise of a fundamental right guaranteed by the Universal Declaration of Human Rights and, if applicable, the International Covenant on Civil and Political Rights; for example, where the government places the detainee in prison for peacefully expressing a political opinion.

Arbitrary: Category III: A detention is arbitrary under Category III where the government’s failure to observe due process standards established under the Universal Declaration of Human Rights and other international instruments is sufficiently serious to render the detention arbitrary.

Arbitrary: Category IV: A detention is arbitrary under Category IV where “asylum seekers, immigrants or refugees are subjected to prolonged administrative custody without the possibility of administrative or judicial review or remedy.” This Category was first introduced by the Working Group in 2011.

Arbitrary: Category V: A detention is arbitrary under Category V where a detention violates international law because of its discriminatory nature. This Category was first introduced by the Working Group in 2011.

Arbitrary: No Categorization: Where the Working Group decides that a detention is arbitrary but does not identify a specific Category under which the detention falls.

Not Arbitrary: Where the Working Group finds the detention not arbitrary.

No Decision: Where the Working Group decides to “file” a case because the individual has been released or where the Working Group decides to keep a case “pending” while it seeks additional information from the parties.