HISTORY OF ASYLUM
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Nitika, BBA LL.B, Lovely professional university ,Punjab
This section has been written to ammend the previous history pages of Asylum, which were in desperately in need of replacing. The Victorian Asylum is system that has long gone and it is doubtful that such system will exist again. The following section is dedicated to building system that is now defunct and disappearing fast, planning mix ups and the will of the establishment to abolish the system have prevailed. We don’t hope to cover everything, or answer all your questions. But this should hopefully answer few questions you may have. Please note, any phrases used within this page is used within its historical context. The first recorded Lunatic Asylum in Europe was Bethlem Royal Hospital in London, it has been a part of London since 1247 when it was built as priory. It became hospital in 1330 and admitted its first mentally ill patients in 1407.
MEANING OF ASYLUM:
The protection granted by a state to someone who has left their home country as a political refugee. protection from arrest and extradition given especially to political refugees by a nation or by an embassy or other agency that has diplomatic immunity.
LEGAL DEFINATION OF ASYLUM:
Asylum means giving protection to an alien who is accused of committing offences of political nature. Asylum is the protection given to a person seeking it in territory of another state. Asylum is the right of sovereign state to grant shelter and protection to foreigner and refuse his extradition.
Asylum involves two different elements which are following:
(1) A shelter which is more than a temporary refuge. People who live in fear of being tortured or killed by their govt., often seek asylum as do people who are persecuted for their religious or political beliefs.
(2) A degree of active protection: On the part of authorities which have control over the territory of asylum.
Extradition is a latin tetm for ex tradition meaning ‘to give up’. According to International Law, Extradition is the delivery of a criminal or fugitive from justice from one country to another on sufficient grounds shown..
RELATIONSHIP BETWEEN ASYLUM AND EXTRADATION:
There is a fairly connected between the two institutions, including at times there is some conflicting and contradictory coexistence. Thus we have, while asylum protects a refugee from any prosecution by a State, which seeks extradition is to locate and apprehend the subject being searched and asked for justice of a particular country in order to account for the crimes committed.
The 1951 Convention Relating to the Status of Refugees and its 1967 protocol do not protect refugees from prosecution, not asylum seekers who have engaged in unlawful conduct, therefore the same international law does not cover wrong doing, thus does not prevent the extradition, provided it is carried in compliance with regulations governing asylum and extradition.:
“No Contracting State shall expel or return in any manner whatsoever to frontiers of territories where his life or freedom would be threatened on account of race, religion, nationality, membership of particular social group, or its political opinion. ”
The international refugee law allows exceptions to principle of non-refoulement only in circumstances stipulated in Article 33 (2).
KINDS OF ASYLUM:
Territorial Asylum is granted by a State on its Territory, it is called Territorial Asylum. The right to grant asylum by a State to a person on its own territory flows from the fact that every State exercises territorial sovereignty over all persons, on its territory to any one. The grant of territorial asylum therefore depends upon the discretion of a State which is not under legal obligation to grant asylum to fugitive, As no precise rules as to grant of territorial asylum. This Declaration provides that right to seek and enjoy asylum may not be invoked by any person with respect to whom there are serious reasons for considering that he has committed a crime against peace, war crimes and crimes against humanity.
Article 4 of this Declaration provides that State granting asylum shall not permit persons who have received asylum to engage in the activities contrary to purpose and principles of United Nations
Extra-territorial Asylum :
Active protection is given outside the territory not belonging to the state granting it. Thus when Asylum is granted by State at places outside its own territory. It is called extra-territorial Asylum’. It usually describes to those cases in which State refuses to surrender a person demanding who is not upon its own physical territory but is upon one of its public ships lying in foreign territorial borders or upon its diplomatic premises within foreign territories. Thus Asylum is given at legation, consular premises and warships are the instances of extra-territorial asylum.
- Diplomatic Asylum / Asylum in Legation :
Since granting extra-territorial Asylum or diplomatic Asylum involves a derogation from sovereignty of State, International law ordinarily does not recognize a right to grant asylum in premises of legation.
- Asylum in premises of international institution –
Though International Law does not recognise any rule regarding the grant of asylum in premises of International institution, however, temporary Asylum may be granted in case of danger of imminent violation.
- Asylum in premises of international Institutions :
Whether a person taking refugee in premises of an international institution or organisation would be granted asylum is question which cannot be given with certainity in absence of any rule in this regard and also because of lack of practice.Thus, in Extra-territorial or diplomatic Asylum, Asylum can be granted in exceptional cases and it is necessary to establish legal basis in each particular case.
We conclude that today the asylum is recognized worldwide as an institution for protection and shelter for those displaced to seek refuge in foreign country to yours, then, finding no legal certainty and imminent threat to their integrity psycho-physical, moral, decide to abandon either their country of nationality or habitual residence. The extradition is ultimate purpose in pursuit and apprehension of accused fled to country, the government made it to authorities of another country who claim to judge and, where appropriate, punish, and only is granted in pursuance of treaty or law, respecting the principle of reciprocity, and whose nature is found in international law under which State to serve person, whether or not his countryman, which gives it its sovereign rights over .
The two institutions studied in this work are very well protected under a strong regulatory scaffolding that allows both one and other functions or operating in best way. There we have 1951 Convention and its 1967 Protocol, and there also have Internal Passive Extradition Laws that have most countries.