Habeas Corpus Proceeding

Habeas Corpus Proceeding

Introduction

Habeas corpus is, in legal terminology, the right of every detainee who is considered illegally deprived of physical liberty to request to be brought before a judge to decide his imprisonment or his release. The judge must decide whether there are legal grounds for the deprivation of physical liberty of the detainee (Rubin et.al, 2008). It is a short and simple procedure. It is now the leading institution in the world to protect personal liberty against arbitrary or illegal detention, and this is recognized by the international human rights covenants. As for its meaning, the meaning of “habeas corpus” is 'you have the right to maintain your physical integrity'; 'no one can deprive your body freedom of movement'. That name is the first Latin words that began the injunction to require delivery of the detainee. The habeas corpus came in reply from abuses of deprivation of physical liberty exercised by absolutist powers.

Terrorism is the name given to violent protests carried out by groups or individuals that aim to transform government orders, as well as the government itself, through panic, hasty decisions and generating radicals. Nowadays terrorism is seen and practiced differently with that manifested itself before, it requires planning, focus on objectives, financial resources and the presence of warriors. Terrorism has become a topic quite evident in all media, especially after the September 11 attacks on the United States. The world has seen terrorism as a constant threat, the case cited was not the only one, there are several groups spread across all continents and different interests that claim. It is believed that terrorist acts are funded by successful people who sympathize with the movement, by people linked to the government secretly trying to destroy something and even people involved in drug trafficking. Terrorists using explosives, noxious gases, viruses, bacteria, radioactive materials, atomic weapons and even kidnappings and murders.

First historical documents on habeas corpus are in the Libel Roman law and the English Magna. The institution of habeas corpus was originally conceived as a way to avoid grievances and injustices committed by the feudal lords against their nationals or people of lower social class. It is an institute of the common law, which has an ancient tradition. Anglo Besides this, it has a distant history in historic Spanish law as the “Manifesting resource persons” of the Kingdom of Aragon, as well as closest antecedents in the Constitutions of 1869 and 1876, which regulated the procedure but not granted specific name.

Pursuant to the provisions of Article 17.4 of the Constitution Spanish Legislative power approved the May 24 law prepared by the Ministry of Justice, Law 6/1984, regulating the writ of habeas corpus. Habeas corpus is linked to a realist conception of law, which highlights the importance of social conduct and effectiveness against a mere legal politicization no other consequences.

Terrorism could be characterized as “arranged brutal acts expected to threaten individuals; did in a precise way”. Demonstrations of terrorism could be executed for ideological, religious, political ...