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The Homecoming of A Prisoner Under The Repatriation of Prisoners Act, 2003

Updated: Apr 1

Abstract


This Article is in light of the recent repatriation and human rights violation faced by Indian citizens imprisoned in foreign prisons. The word Repatriation means the process of returning an asset, an item of symbolic value or a person voluntarily or forcibly to its owner or their place of origin or citizenship in the present context Repatriation is the act to provide for the remittance of certain prisoners from India to country or place outside India and reception in India of certain prisoners from country or place outside India. The process of repatriation is governed by the Repatriation of Prisoners Act, 2003 (Herein Referred to as RPA) in India. The right to return to one's home country is assured under Article 12(4) of the International Covenant on Civil and Political Rights.


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http://www.legalserviceindia.com/legal/article-1120-the-homecoming-of-a-prisoner-under-the-repatriation-of-prisoners-act-2003.html




End-Notes

[1] United States of America, Former Representative.

[2]Merriam-Webster, (Sept. 14, 2019, 09:00 AM), https://www.merriam-webster.com/dictionary/repatriation.

[3]Black's Law Dictionary: 2nd Edition, (Sept. 14, 2019, 09:00 AM), https://openjurist.org/law-dictionary/repatriation.

[4]UN. General Assembly, Res. 2200A (XXI),(16/12/1966), (Sept. 14, 2019, 09:00 AM), https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx.

[5]The Vienna Convention on Consular Relations, 1963, Article 36.

[6]UN. A/CONF.121/10, Model Agreement on the Transfer of Foreign Prisoners and Recommendations for the Treatment of Foreign Prisoners, (25/4/1985), (Sept. 14, 2019, 09:00 AM), https://digitallibrary.un.org/record/97152.

[7]UN. General Assembly, Res. A/RES/55/25, (15/11/2000), (Sept. 14, 2019, 09:00 AM) https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_RES_55_25.pdf).

[8]Rrevised Manuals on the Model Treaty on Extradition and on the Model Treaty on Mutual Assistance in Criminal Matters, (The Manuals on the Model Treaties on Extradition and Mutual Assistance in Criminal Matters were reviewed in an Intergovernmental Expert Group Meeting, organized by the United Nations Office on Drugs and Crime (UNODC), in cooperation with the International Association of Penal Law (AIDP), the International Institute of Higher Studies in Criminal Sciences (ISISC) and the Monitoring Centre on Organized Crime (OPCO), and hosted by ISISC in Siracusa, Italy, from 6 to 8 December 2002. The new versions were further updated to include more comprehensive references to the United Nations Convention against Transnational Organized Crime and the United Nations Convention against Corruption).

[9]The Repatriation of Prisoners Act, 2003.

[10]Ministry of External Affairs Government of India, (Sept. 14, 2019, 09:00 AM), https://www.mea.gov.in/Images/pdf1/TSP.pdf.

[11]Ministry of External Affairs Government of India, (Sept. 14, 2019, 09:00 AM , https://www.mea.gov.in/indians-imprisoned-abroad.htm.

[12]PRS Legislative Research, https://www.prsindia.org/billtrack/the-repatriation-of-prisoners-amendment-bill-2010-1240.

[13] Centre for Immigration studies, (Sept. 14, 2019, 09:00 AM), https://cis.org/Cadman/Interesting-Case-Illuminates-Difference-Between-Extradition-and-Deportation-and-Complexity.

[14] Mr Prem Kishore Raj vs The Department Of Home, Cr/WP/2428.

[15] India Today, (Sept. 14, 2019, 09:00 AM), Https://Www.Indiatoday.In/Pti-Feed/Story/Nationality-Not-Verified-By-Mha-Guj-Man-Still-In-Pak-Jail-1129855-2018-01-08.

[16] The Hindu, (Sept. 14, 2019, 09:00 AM ), Https://Www.Thehindu.Com/Opinion/Op-Ed/Coming-Home-To-Jail/Article24414332.Ece.

[17] A Pocketbook of International Human Rights Standards for Prison Officials, United Nations.

New York and Geneva, 2005,(Sept. 14, 2019, 09:00 AM), https://www.ohchr.org/documents/publications/training11add3en.pdf.

[18] Joe Russo, George B. Drake, John S. Shaffer, Brian A. Jackson, Envisioning an Alternative Future for the Corrections Sector Within the U.S. Criminal Justice System, November 2017.

[19]Ministry for External Affairs Government of India, Bilateral Agreements, (Sept. 14, 2019, 09:00 AM), http://mea.gov.in/Images/pdf1/TSP_Final_List.pdf.

[20] British Embassy at Rome Report; British Consulate-General, Milan, May 2019.

[21] Repatriation of prisoners Act, 2003: An Analysis, ForumIAS, (Sept. 14, 2019, 09:00 AM )https://blog.forumias.com/article/repatriation-of-prisoners-act-2003-an-analysis.

[22] Model agreement on the transfer of foreign prisoners and recommendations for the treatment of foreign prisoners, Model Agreement on the Transfer of Foreign Prisoners (1985), Vienna, April 25, UN Document A/CONF/121/10, (Sept. 14, 2019, 09:00 AM ), https://digitallibrary.un.org/record/97152.

[23]Ministry of External Affairs Government of India, (Sept. 14, 2019, 09:00 AM ), Https://Www.Mea.Gov.In/Indians-Imprisoned-Abroad.Htm.

[24] Ministry of Home Affairs of India.

[25]Shodganga,(Sept.14, 2019, 09:00 AM), http://shodhganga.inflibnet.ac.in/jspui/bitstream/10603/20871/13/13_chapter-08-foreighners.pdf.

[26] Supra 15.

[27] Roundtable Discussion on Repatriation of Indian Nationals in Foreign Prisons, Commonwealth human rights initiative (CHRI) & institute of correctional Administration (ICA), 13th July 2017 , Chandigarh, (Sept. 14, 2019, 09:00 am) http://www.humanrightsinitiative.org/download/1503481373Repatriation%20of%20Indian%20Nationals%20in%20Foreign%20Prisons-Minutes%20and%20Actionable%20Points.pdf .

[28] Coming home to jail: on the Repatriation of Prisoners Act, 2003, The Hindu, (Sept. 14, 2019, 09:00 AM), https://www.thehindu.com/opinion/op-ed/coming-home-to-jail/article24414332.ece.

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