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by shripadk 2182 days ago
We have "prima facie evidentiary" laws in India too. The law the parent is talking about has nothing to do with it. FIR is registered irrespective of whether there is a case made out prima facie or not. That is the biggest problem with this law. It turns the notion of "innocent until proven guilty" over its head.
1 comments
dredmorbius 2182 days ago
"Civil forfeiture".
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shripadk 2182 days ago
But that is for property. Does not extend to a human being. That is the same everywhere. You are confusing the two things. Even in India authorities have legal rights to confiscate property they feel is being used in criminal activity. That is allowed and doesn't require a warrant. But do you, in the United States, have any law where you can be arrested without there being a charge-sheet or an arrest warrant or prima-facie evidence? Even the arrests that cops make in the US are based on prima-facie evidence: not providing information as asked for by law, hiding drugs or on the basis of suspicion. No where does anyone get arrested because someone else just complained about the said person.
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dredmorbius 2182 days ago
So, I've been responding to several, often unclear and inconsistent, though absolute claims, made by several commentators in this thread, for which any counterexample would be sufficient refutation.

I'm also not defending the Indian law, only making clear it is not as fully exceptional as portrayed by some here.

Answering your specific question as to the US and detention without charge or due process: yes, definitely. Guantanamo Bay is an extraterritorial detention centre for supposed terrorists, held without trial and subject to torture, since the prison opened in January 2002. 779 prisoners are acknowledged to have been held at some point, 40 remain. I don't find a statement of longest detention, but that could be as much as 18 years.

https://en.wikipedia.org/wiki/Indefinite_detention#United_St...

https://en.wikipedia.org/wiki/Guantanamo_Bay_detention_camp

Tens of thousands of detainees are held by immigration authorities, with nearly 400,000 having been booked into ICE custody in 2018. Detentions are on the basis of (suspected) immigration status, not criminal disposition.

https://en.wikipedia.org/wiki/Immigration_detention_in_the_U...

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