2022, 31 DFNs have died due to illness in the six detention centres across Assam.45 Given that Bangladesh does not recognise DFNs as its own nationals, they are in effect stateless, stuck in a legal limbo. 27. This submission does not focus on convicted foreigners - foreigners who have been convicted for immigration offenses (e.g., entry without documents, use of forged documents) and are required to undergo criminal sentences. Further, this section does not focus on the detention of stateless refugees, which is addressed under Issue 4. 28. Article 9 of the ICCPR prohibits arbitrary arrest or detention. 46 In addition to being lawful, detention must be necessary, proportionate and reasonable. 47 The principles of necessity and proportionality require detention to be a last resort and be observed with strict legal limitations and judicial safeguards. 48 Indian does not have a transparent detention policy that sets out the purpose of detention. 49 The Model Detention Manual 2019, which is the blueprint for treatment of detained DFNs, does not comply with international standards. 50 It fails to confer the most basic rights such as parole and furlough, rights otherwise available to convicted criminals under the Model Prison Manual, 2016. Detainees are kept separate from other inmates but are housed within district jails.51 Alternatives to detention have not been explored, despite the fact that deportation is uncertain,52 thus heightening the risk of indefinite detention. 29. Arrests and detention of “declared foreigners” by the State Government of Assam do not follow procedure under law stipulated for arresting detaining or confining foreigners. Instead, the State Government claims to be acting under its powers to place “restrictions on movement” of foreigners or to require them to “reside at a particular place”. 53 In doing so, the government sidesteps constitutional safeguards against detention under Article 22. 30. In May 2019, the Supreme Court (SC) of India stated that DFNs could be released after three years in detention. 273 people were subsequently released.54 In April 2020, the SC ordered the government to reduce the minimum detention period from three to two 45 Biswa Kalyan Purkayastha, 31 declared foreigners died in detention centres from 2016 to 2021: Assam govt, Hindustan Times, 29 March, 2022, https://www.hindustantimes.com/india-news/31-declared-foreigners-died-in-detention-centres-from-2016-to-2021-assamgovt-101648551804550.html 46 UN General Assembly, International Covenant on Civil and Political Rights, 16 December 1966, United Nations, Treaty Series, vol. 999, p. 171, available at: https://www.refworld.org/docid/3ae6b3aa0.html [accessed 24 March 2022] 47 European Network on Statelessness, Protecting Stateless Persons from Arbitrary Detention: A Regional Toolkit for Practitioners (2015). 48 UNITED NATIONS. General Assembly. "Report of the Working Group on Arbitrary Detention." New York: United Nations (2015). 49 Mohsin Alam Bhat & Aashish Yadav, “The NRC in Assam Doesn’t Just Violate Human Rights of Millions – It Also Breaks International Law,” Text, Scroll.in (https://scroll.in), accessed March 24, 2022, https://scroll.in/article/983130/the-nrc-inassam-doesnt-just-violate-human-rights-it-also-breaks-international-law. 50 UN High Commissioner for Refugees (UNHCR), Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives to Detention, 2012. 51 "Assam renames detention centres as transit camps," The Times of India, accessed March 24, 2022, https://timesofindia.indiatimes.com/city/guwahati/assam-renames-detention-centres-as-transitcamps/articleshow/85469196.cms 52 “Explained: Can India Really Deport Illegal Immigrants after the Final NRC List?,” The Indian Express (blog), August 31, 2019, https://indianexpress.com/article/explained/explained-can-india-really-deport-illegal-immigrants-after-final-nrc-list-5836195/. 53 See Section 3(2)(e) of the Foreigners Act, 1946 54 "Assam renames detention centres as transit camps," The Times of India, accessed March 24, 2022, https://timesofindia.indiatimes.com/city/guwahati/assam-renames-detention-centres-as-transitcamps/articleshow/85469196.cms 10