Illegal Detention or Immigration Detention

In our opinion an illegal detention is the unjustifiable imprisonment or the unlawful deprivation of liberty by the way of “arrest” for a wrongful cause or suspicion and continued restriction of freedom by such person in police custody. We at NCRIB consistently approaching to the victim who are illegally arrested by the corps and central police administration. Under this project we are finding out list of prisoner who are facing unlawful deprivation of liberty by the way of arrest. For these act, we have a senior criminal lawyer on our panel to lead these projects for natural justice, either it is happened in India or foreign country. False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person’s permission. Under common law, false imprisonment is both a crime and a tort.

The outcome of illegal / unlawful detention

Torture
Humiliation
Violation Of Human Rights
Pecuniary loss and damages
Loss of reputation in society
Desperations due loss of life in prison

Challenges for NGOs in monitoring immigration detention

  • Resource constraints impacting ability to monitor and follow-up effectively
  • Logistical challenges e.g. visiting detention centers dispersed throughout the country
  • Developing constructive dialogue with the authorities
  • Gaining and maintaining access
  • Balancing systemic monitoring with individual advice/case-based work
  • Effectively monitoring with volunteers (quality of information gathered, large numbers of volunteers to coordinate).
  • Monitoring the differing practices between immigration detention centers and local administration.
  • Respecting confidentiality of sources and reporting sensitive information
  •  Systematically collecting, analysing and presenting data collected through monitoring
  • Following up on recommendations; convincing authorities to make change
  • Convincing other stakeholders of the importance of independent monitoring

The outcome of illegal / unlawful detention

Door to door Membership plan
Launch awareness programme
Finding out criminal cases in territory
Sort out illegal detainee
Visit immigration department
Visit Police station house and Central jail
Case study and search relevant judgment.
Approach to Hon’ble court in respective jurisdiction
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