Male captus, bene detentus (wrongly captured, properly detained) is alegal doctrine, according to which the fact that a person may have been wrongly or unfairlyarrested, will notprejudice a rightful detention ortrial underdue process.
There is state practice in support of the doctrine,[1][2][3][4] as well as contrary state practice.[5][6][7][8][9] In one of its cases theU.S. Supreme Court held that where a person from another country is apprehended by irregular means, the right to set up as defense the unlawful manner by which he was brought to acourt belongs "to the Government from whose territory he was wrongfully taken".[10]
