Thus, while there is no systematic policy against the detention of UNHCR-registered refugees
and asylum seekers in India, the aforementioned judicial practices do constitute positive
developments by asserting limits on government powers to detain and reinforcing the recognition
of every person’s right to personal liberty.
In both Bangladesh and Pakistan, where the Foreigners Act gives law enforcement agencies
broad authority to detain foreigners on the grounds of lack of documentation and/or illegal entry,
judicial precedents have imposed limits on those powers, including via rulings affirming the
unconstitutionality of indefinite detention.
PAKISTAN
The Lahore High Court ruled in Awais Sheikh vs. Secretary Ministry of Interior
Islamabad (2012) that indefinite detention is not in accordance with the Foreigners Act.
A non-citizen may, following the expiry of their sentence, be kept in custody for no more
than an additional three months where necessary in order to make arrangements for
their deportation.
MALAYSIA
In Malaysia, the Attorney General’s Chambers issued an unpublished circular letter in
2005 stating that individuals who are registered with UNHCR at the time of their arrest
should not be prosecuted for immigration offences.104
Administrative Policies and Actions
Alternatives to Detention
In Indonesia, following the DGI’s 2018 circular letter, immigration detention centers have worked
with the International Organization for Migration to release all remaining refugees and asylum
seekers from immigration detention to community accommodation.105 Out of 13,626 individuals
registered with UNHCR in Jakarta, only 10 have remained in detention. Approximately 4,000
individuals who were previously detained have been released under alternatives to detention.106
THAILAND
In Thailand, an MOU on “Determination of Measures and Approaches Alternative to
Detention of Children in Immigration Centers”107 recognized that children should only be
detained as a measure of last resort and that any period of detention should be as brief
as possible.
28
UND OING PRECARIT Y: ELE VATING P OSITIVE PR ACTICES FOR REFU GEE PROTECTION IN SO U TH AND SO U THE AST ASIA
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