Detention-as-Spectacle

Mainwaring, Cetta; Silverman, Stephanie J.

doi:10.1093/ips/olw016

Cited by 23 publications

(28 citation statements)

References 43 publications

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“…strong and growing role in this process. 49 In the post/neo-colonial context, States have given themselves the freedom to draw less on what people have done in order to justify imprisonments and more on gendered, classed, and racialized representations of detainees as criminals, deviants, and otherwise "risky" people whose mobilities ought to be arrested. 50 As such, an association between criminality and racialized people bolsters support for the penal state's expansion into administrative law.…”

Section: Discussion: Scotland Habeas Corpus and The Inevitability Omentioning

confidence: 99%

What Habeas Corpus Can (and Cannot) Do for Immigration Detainees: Scotland v Canada and the Injustices of Imprisoning Migrants

Silverman¹

2019

Can. j. law soc.

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This paper closely studies Scotland v Canada to reveal the normative and substantive justice challenges facing immigration detainees across Canada. The Scotland decision at the Ontario Superior Court certified a habeas corpus writ as an individual remedy to release Mr. Ricardo Scotland from a pointless, seventeen-month incarceration. The decision frames Mr. Scotland’s detention as anomalous or divergent from an otherwise-functioning system. Against this view, this paper argues that access to habeas corpus cannot remedy the detention system’s scale of injustices. The paper contextualizes Mr. Scotland’s incarceration and the Superior Court decision against two primary claims: first, that the Canadian immigration and refugee determination system is arbitrarily biased against certain minoritized individuals, therefore transforming some people into detainable bodies; and second, that the global criminalization of migration trend has nested an arc of penal practices into Canadian policymaking and law, and this arc has seemingly normalized indefinite detention for some migrants. The paper concludes that restoration of access to habeas corpus cannot be understood as a substantive remedy to address the miscarriages of justice in the Canadian detention system.

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Section: Discussion: Scotland Habeas Corpus and The Inevitability Omentioning

confidence: 99%

What Habeas Corpus Can (and Cannot) Do for Immigration Detainees: Scotland v Canada and the Injustices of Imprisoning Migrants

Silverman¹

2019

Can. j. law soc.

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“…Moreover, our limited access is intertwined with a specific genre of writing about migration governance sites that reproduces the spectacle of detention (Mainwaring and Silverman ) and the border spectacle (De Genova ) while claiming to scrutinise it. The architecture of the Moria camp itself is a never‐ending inspiration for dystopic accounts of a place of destitution, abandonment and violence.…”

Section: Sovereign Power and Crisis Scholarshipmentioning

confidence: 99%

‘How did you get in?’ Research access and sovereign power during the ‘migration crisis’ in Greece

Rozakou

2019

Soc Anthropol

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The ‘migration crisis’ has turned migration governance in Greece into a popular research field. At the same time, it has triggered the reconfiguration of sovereign powers with an assemblage of disparate actors engaging in addressing the ‘crisis’. This excess of sovereign power has contributed to a migration maze. In this article I use access to the migration field and in particular the Moria camp in Lesbos, as the lens for an exploration of these fragmented and emergent sovereign powers. In particular, I reflect on the materiality of my research permit and the figure of the humanitarian gatekeeper. As I show, any research access attempt encounters different spheres and agents of jurisdiction and responsibility. This fragmentation provides opportunities for research access, but it also poses methodological and epistemological questions. I finally interrogate the question of research access and knowledge production itself. In particular, I argue that the abundance of accounts does not necessarily produce a more thorough and in‐depth picture, but only a limited one, like the access that enables it. As researchers of a blossoming crisis scholarship, we are often complicit in epistemologically reproducing the very border we seek to scrutinise through our critical work.

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“…In detention centers and during deportation flights, migrants experience violence and death at the hands of border guards and private contractors (e.g. Mainwaring and Silverman, 2017;Walters, 2016). Many of these spaces at the socio-geographic margins are hidden from view, spaces where monitoring of state practices is difficult or purposefully obscured; the state thus manipulates the in/visibility of such spaces to advance their political authority and control.…”

Section: Spatial Logic Of Exclusionmentioning

confidence: 99%