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Detention Without Trial
Indefinite detention is the incarceration of an arrested person by a national government or law enforcement agency for an indefinite amount of time without a trial. The Human Rights Watch considers this practice as violating national and international laws, particularly human rights laws, although it remains in legislation in various liberal democracies. In recent years, governments have indefinitely incarcerated individuals suspected of terrorism, often in black sites, sometimes declaring them enemy combatants – a notable example being the Guantanamo Bay detention camp. Formalized forms of indefinite detention also exist in some countries around the world in the form of government-mandated administrative detention. Views by country While laws that allow indefinite detention are present in many countries, including liberal democracies, human rights groups hold unfavorable views towards the practice. Australia In Australia, indefinite detention is unlawful and violates the ...
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Incarceration
Imprisonment or incarceration is the restraint of a person's liberty for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is considered " false imprisonment". Imprisonment does not necessarily imply a place of confinement with bolts and bars, but may be exercised by any use or display of force (such as placing one in handcuffs), lawfully or unlawfully, wherever displayed, even in the open street. People become prisoners, wherever they may be, by the mere word or touch of a duly authorized officer directed to that end. Usually, however, imprisonment is understood to imply actual confinement against one's will in a prison employed for the purpose according to the provisions of the law. Generally gender imbalances occur in imprisonment rates, with incarceration of males proportionately more likely than incarceration of females. History Africa Before colonisation, imprisonment was used in sub-Saharan ...
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Vietnamese People
The Vietnamese people (, ) or the Kinh people (), also known as the Viet people or the Viets, are a Southeast Asian ethnic group native to modern-day northern Vietnam and Dongxing, Guangxi, southern China who speak Vietnamese language, Vietnamese, the most widely spoken Austroasiatic language. Vietnamese Kinh people account for 85.32% of the population of Vietnam in the 2019 Vietnamese Census, 2019 census, and are officially designated and recognized as the ''Kinh'' people () to distinguish them from the other ethnic groups in Vietnam, minority groups residing in the country such as the Hmong people, Hmong, Chams, Cham, or Muong people, Mường. The Vietnamese are one of the four main groups of Vietic languages, Vietic speakers in Vietnam, the others being the Muong people, Mường, Thổ people, Thổ, and Chứt people. Diasporic descendants of the Vietnamese in China, known as the Gin people, Gin people, are one of 56 ethnic groups officially recognized by the People's ...
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List Of Chinese Dissidents
This list consists of activists who are known as Chinese dissidents. The label is primarily applied to intellectuals and other high-profile individuals from China who are known for their criticism of the Chinese government or its policies. Detained and jailed people Many Chinese political activists have been detained or jailed or exiled for their pro-democracy or rights defending activities. They include the following notable activists. Others *Michael Anti (journalist), proponent of freedom of the press in China * Chai Ling * Chang Ping * Chaohua Wang * Chen Guangcheng * Dong Yaoqiong * Fang Lizhi * Feng Congde * Feng Zhenghu * Gao Xingjian, recipient of the 2000 Nobel Prize in Literature * Gao Yu (journalist) *Gao Zhisheng * Gui Minhai, publisher and writer of books on Chinese politics * Guo Wengui, also known as Miles Guo * Han Dongfang * Jiao Guobiao, former professor of Peking University and the author of ''Denouncing the Central Propaganda Department (of the Communist ...
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Xinjiang Conflict
The Xinjiang conflict ( zh, c=新疆冲突, p=xīnjiāng chōngtú), also known as the East Turkistan conflict, Uyghur–Chinese conflict or Sino-East Turkistan conflict (as argued by the East Turkistan Government-in-Exile), is an ethnic geopolitical conflict in what is now China's far-northwest autonomous region of Xinjiang, also known as East Turkistan. It is centred around the Uyghurs, a Turkic ethnic group who constitute a plurality (or 'relative majority') of the region's population. Since the incorporation of the region into the People's Republic of China, factors such as the mass state-sponsored migration of Han Chinese from the 1950s to the 1970s, government policies promoting Chinese cultural unity and punishing certain expressions of Uyghur identity, and harsh responses to separatism have contributed to tension between the Uyghurs, and state police and Han Chinese. This has taken the form of both terrorist attacks and wider public unrest such as the Baren To ...
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Human Rights In Tibet
Human rights in Tibet has been a subject of intense international scrutiny and debate, particularly since the annexation of Tibet by the People's Republic of China. Before the 1950s, Tibet's social structure was marked by inequality and described as a caste-like system or, controversially, as serfdom. Severe punishments, including permanent mutilation of body parts, were common, although capital punishment was banned in 1913. Muslim warlord Ma Bufang caused widespread destruction and deaths in Amdo, which is located northeast of Central Tibet. It is difficult to accurately determine the scope of human rights abuses in Tibet after 1950 because the media is tightly controlled by the Chinese government and information about human rights is censored.US State Department, Bureau of Democracy, Human Rights, and Labor, 2008 Human Rights Report: China (includes Tibet, Hong Kong, and Macau)', February 25, 2009 Exile groups report that Tibetans in China are subjected to disappearances and ...
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Persecution Of Falun Gong
The persecution of Falun Gong is the campaign initiated in 1999 by the Chinese Communist Party (CCP) to eliminate the new religious movement Falun Gong in China, maintaining a doctrine of state atheism. It is characterized by a multifaceted propaganda campaign, a program of enforced ideological conversion and re-education and reportedly a variety of extralegal coercive measures such as arbitrary arrests, forced labor and physical torture, sometimes resulting in death. Falun Gong was founded by its leader, China-born Li Hongzhi, who introduced it to the public in May 1992 in Changchun, Jilin. Li Hongzhi currently lives near Dragon Springs in Deerpark, New York, where Falun Gong's global headquarters are. Falun Gong combines meditation, qigong exercises, and moral teachings rooted in Buddhist and Taoist traditions.David Ownby"The Falun Gong in the New World" European Journal of East Asian Studies, Sep 2003, Vol. 2 Issue 2, p 306. Following a period of rapid growth in the 19 ...
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Arbitrary Arrest And Detention
Arbitrary arrest and detention is the arrest and detention of an individual in a case in which there is no likelihood or evidence that they committed a crime against legal statute, or in which there has been no proper due process of law or order. Arbitrary arrest and detention is similar to but legally distinct from wrongful detention, which is broader in scope and does not involve arrest. Background Virtually all individuals who are arbitrarily arrested are given no explanation as to why they are being arrested, and they are not shown any arrest warrant. Depending on the social context, many or the vast majority of arbitrarily arrested individuals may be held incommunicado and their whereabouts can be concealed from their family, associates, the public population and open trial courts. International law Arbitrarily depriving an individual of their liberty is prohibited under international human rights law. Article 9 of the 1948 Universal Declaration of Human Rights decrees th ...
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Penal Labour
Penal labour is a term for various kinds of forced labour that prisoners are required to perform, typically manual labour. The work may be light or hard, depending on the context. Forms of sentence involving penal labour have included involuntary servitude, penal servitude, and imprisonment with hard labour. The term may refer to several related scenarios: labour as a form of punishment, the prison system used as a means to secure labour, and labour as providing occupation for convicts. These scenarios can be applied to those imprisoned for political, religious, war, or other reasons as well as to criminal convicts. Large-scale implementations of penal labour include labour camps, prison farms, penal colonies, penal military units, penal transportation, or aboard prison ships. Punitive versus productive labour Punitive labour, also known as convict labour, prison labour, or hard labour, is a form of forced labour used in both the past and the present as an additiona ...
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NZYQ V Minister For Immigration
''NZYQ v Minister for Immigration'' is a 2023 decision of the High Court of Australia. It is a landmark case in Australian constitutional law, concerning the separation of powers under the Australian Constitution. It was the first judgment of the Gageler court. The decision is notable for having overturned '' Al-Kateb v Godwin'', in which the Gleeson court held the '' Migration Act'' could be applied to authorise the indefinite detention of stateless persons. The court ruled that when properly interpreted, the '' Migration Act'' was beyond the legislative power of the Commonwealth insofar as it applied to the plaintiff. This was because under Australia's constitutional system, penal or punitive detention may only occur where criminal guilt is being punished by the judiciary. The plaintiff's detention was presumed to be punitive, and the Commonwealth failed to argue that there was an alternative, non-punitive reason for his detention.Other branches of government under Australia ...
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Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Paul Vout KC and Peter Willis SC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented ...
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Statelessness
In international law, a stateless person is someone who is "not considered as a national by any state under the operation of its law". Some stateless people are also refugees. However, not all refugees are stateless, and many people who are stateless have never crossed an international border. At the end of 2022, the United Nations High Commissioner for Refugees published an estimation of 4.4 million people worldwide as either stateless or of undetermined nationality, 90,800 (+2%) more than at the end of 2021. However, the data itself is not complete because UNHCR does not have data from many countries, such as from at least 22 countries where mass statelessness exists. The data also does not include de facto stateless people who have no legal identification to prove their nationality or legal existence. According to the World Bank, at least 850 million fit that category. Given that the legal concept of nationality prevails in practice, completely undocumented people fit the ...
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Al-Kateb V Godwin
''Al-Kateb v Godwin'' was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa. The Commonwealth Minister for Immigration's decision to refuse the application was upheld by the Refugee Review Tribunal and the Federal Court. In 2002, Al-Kateb declared that he wished to return to Kuwait or Gaza.Human Rights and Equal Opportunity Commissions Legal Bulletin. Aug-Oct 2004, Volume 1 However, since no country would accept Al-Kateb, he was declared stateless and detained under the policy of mandatory detention in Australia, mandatory detention. The two main issues considered by the High Court were whether the Migration Act 1958 (the legislation governing immigration to Australia) permitted a person in Al-Kateb's situation to be detained indefinitely, and if ...
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