Definition of Habeas corpus
Miscellanea / / July 04, 2021
By Florencia Ucha, in Mar. 2014
The habeas corpus is a concept that is widely used in the field of right. It consists of a institution legal whose purpose is to avoid arbitrary arrest of people and guarantee the Liberty staff of all individuals, no exceptions.
Normally, this legal resource is used to stop abuses by the police or political authorities since force that the situation of the detainees is brought to the attention of a competent judge.
In other words, habeas corpus is a right available to any citizen who is detained from being able to testify before a judge or authority as soon as possible and publicly, meanwhile, once the judges hear the testimony of the detainee They must determine if their arrest is appropriate or not and if they consider that it is not, they must immediately order the release.
So the habeas corpus process aims to defend and contain two very important rights such as individual liberty and freedom. integrity, that is, a person may not be detained unjustly, without reasons, nor may he be the object of aggression or torture during his detention.
That person who considers that her freedom is threatened in an irregular way will have the right under habeas corpus to request that her situation be reviewed. And in those cases in which the person feels that her honor has been damaged, she may also demand rectification from a judge.
exist organizations local and international that are in charge of ensuring those rights and of course defend the institution of habeas corpus.
It should be noted that the use of this resource dates back to the time of Roman empire where it was used as the tool to avoid violations of the freedom of citizens who were suddenly deprived of their liberty by any person and not by a competent authority.
Meanwhile, formally, the institution of habeas corpus would begin to apply in the early years of the 14th century, in England, when Edward I ruled and was required to report the arrest of a subject.