19 Facts About Administrative detention


Administrative detention is arrest and detention of individuals by the state without trial.

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Proponents of administrative detention maintain that criminal law's reliance on defendant rights and strict rules of evidence cannot be used effectively to remove the threat of dangerous terrorists.

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Opponents maintain that in essence, administrative detention is a form of collective punishment.

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Many countries utilize administrative detention to hold illegal immigrants – those arriving at a country's borders without proper authorization – as an interim step to either deportation or the obtainment of proper legal status.

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Immigration Administrative detention is controversial because it presents a clash between traditional notions of individual liberty and the territorial sovereignty of states.

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Opponents maintain that alternatives to Administrative detention exist, and that such alternatives are preferable because they do not violate personal liberty, as well as being less of a financial burden to the state.

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In many non-democratic countries, administrative detention is used by the ruling regime to suppress dissent and sanction opponents of the government.

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Bangladesh, India, Malaysia, Myanmar, Pakistan, Singapore and Sri Lanka are notable examples of such former colonies who hold political prisoners under administrative detention which has its legal roots in British colonial practices.

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Vietnam is an example where administrative detention was widely used by the French colonial authorities in the 1930s, to arrest those suspected of Communist activities.

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Administrative detention is used against subjects that are viewed by the ruling regime as "socially undesirable", in order to maintain public order, social stability and political stability of the ruling regime.

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Administrative detention shall be signed and approved by the administrative responsible person of the public security agency at the county level and above, and shall be executed in the administrative detention facility under the public security agency.

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The order can be made by the District Magistrate or a Commissioner of Police under their respective jurisdictions, but the Administrative detention should be reported to the State Government along with the grounds on which the order has been made.

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The National Security Act along with other laws allowing preventive Administrative detention have come under wide criticism for their alleged misuse.

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Legal basis for Israel's use of Administrative Detention is the British Mandate 1945 Defence Regulations which were amended in 1979 to form the Israeli Law on Authority in States of Emergency.

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Administrative detention is for six-month terms, although they can be extended barring appeal.

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Administrative detention is used in cases where the available evidence consists of information obtained by the security services, and where a trial would reveal sensitive security information, such as the identities of informers or infiltrators.

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In Japan, immigration Administrative detention is a form of administration Administrative detention under the Immigration Control and Refugee Recognition Act, Act No 319 of 1951.

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Administrative detention practices have come under severe criticism, with critics claiming that it breaches human rights.

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One of the issues the group has focused on is the determination whether a detention is arbitrary or not – which is not as clear-cut in the case of administrative detention as it is in the case of criminal arrest.

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