23. 即使存在法律依据，或者有法律规定的理由和程序，但如果域外拘留不符合这些规定的理由和程序，或者延长时间超过必要，便构成任意剥夺自由。73 例如：一国作为占领国拘留被占领土人员，而没有确定被拘留者构成的当前、直接和紧迫威胁无法通过替代措施处理；拘禁时间无限期或超过绝对必要；没有独立和公正的法庭进行及时和定期审查，并能够适当获得独立的法律咨询；没有披露至少是据以作出拘留决定的证据实质。74 在被占领土上的任意拘留还涉及完全在任何法律框架之外进行的逮捕，同时为获取信息或进行逼供而实施的单独拘禁
23. Even when a legal basis exists or when grounds and procedures are established in law, extraterritorial detention amounts to arbitrary deprivation of liberty when it does not conform with these established grounds and procedures or when it is prolonged more than necessary. 73 Examples include situations when a State, acting as an occupying power, detains persons from an occupied territory without establishing that the interned persons pose a present, direct and imperative threat that cannot be addressed by alternative measures; when internment lasts indefinitely or longer than absolutely necessary; when there is an absence of prompt and regular review by an independent and impartial tribunal, with appropriate access to independent legal advice; and when there has been no disclosure of, at least, the essence of the evidence on which the decision to detain was taken. 74 Arbitrary detention in occupied territory has also involved arrests carried out entirely outside of any legal framework, combined with incommunicado detention and torture to obtain information or extract confessions, as well as apparent cases of enforced disappearances. 75 Such practices are, by their nature, flagrantly inconsistent with the integrity of the judicial system.