Forms / kinds of asylum -
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There are two types of Asylum are as follows :
A) Territorial Asylum; and
B) Extra-territorial Asylum
A) Territorial 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 assylum therefore depends upon the discretion of a State which is not under a legal obligation to grant asylum to fugitive, As no precise rules as to grant of territorial asylum. General Assembly call upon the International Law Commission in 1959 to undertake the codification of the principles and rules of international law relating to right of asylum. On 14th December 1967 General Assembly adopted Declaration of Territorial Asylum through the adoption of resolution. The declaration consists of a Preamble and four Articles dealing with the principles relating to the grant of refusal of asylum. This Declaration provides that the 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, a war crimes and crimes against humanity. Article 4 of the this Declaration provides that the State granting asylum shall not permit persons who have received asylum to engage in the activities contrary to the purpose and principles of United Nations. From the above provisions of the declaration it is clear that State does not have absolute right to grant asylum. The grant of asylum is a part of which cannot be exercised in respect of International crimes including genocides.
Some examples of territorial Asylum -
1) Idi Amin have been given by Saudi Arabia.
2) Baby Dok have been given asylum by France.
3) Dawood Ibrahim mafia Don is given asylum by Dubai Government.
4) Salman Rushdie for his controversial novel Satanic Verses given Asylum by Great Britain.
5) Taslima Nasreen a Bangladeshi writer for her novel Lajja granted asylum by Sweden.
6) Tiger Menon, wanted in Bombay Bomb blast case, granted asylum by Pakistan.
7) Dalai Lama and his followers was granted asylum by government of India.
B) Extra-territorial Asylum -
Active protection is given outside the territory not belonging to the state granting it. Thus when Asylum is granted by a State at places outside its own territory. It is called extra-territorial Asylum'.It usually describes to those cases in which a 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.
1. Diplomatic Asylum / Asylum in Legation :
Since granting extra-territorial Asylum or diplomatic Asylum involves a derogation from the sovereignty of the State, International law ordinarily does not recognize a right to grant asylum in the premises of legation. But asylum may be granted in the legation premises in the following exceptional cases.
1) Individual who are physically in danger from violence.
2) Where there is well established and binding local custom.
3) When there is a special treaty between territorial State and the state of Legation concern.
Asylum in consular premises -
2. The above principle also apply in the case of Grant of asylum in consular premises.
3. Asylum in the premises of international institution -
Though International Law does not recognise any rule regarding the grant of asylum in the premises of International institution, however, temporary Asylum may be granted in case of danger of imminent violation.
4.Asylum in Warship -
There are conflicting views to grant of asylum in warship, but it is argued that Asylum may be granted to political offenders.
As far as a asylum Warship is concerned, it may be granted on the ground of humanity, in cases if extreme danger to the individual seeking it. Thus , right to grant asylum on Warship may be granted in the same way in the case of Legation and also subject to the operation of the same conditions.
5. Asylum in Merchant Vessels -
Since merchant vessels do not enjoy immunity from local jurisdiction, they are not competent to Grant asylum to local offenders. Thus, if a person after committing a crime on shore seeks asylum on board a foreign merchant ship he may be asserted by the local police, either before the ship leaves the port or when it comes into another port of the same State. There is, therefore a rule that asylum is not granted on merchant vessels . However, State may grant asylum if they conclude a treaty to this effect.
6.Asylum in the premises of international Institutions :
Whether a person taking refugee in the premises of an international institution or organisation would be granted asylum is a question which cannot be given with certainity in the absence of any rule in this regard and also because of lack of practice. However, a right to grant temporary refuge in an extreme case of danger from mob cannot be ruled out.
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.