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extrajudicial detention
Extrajudicial detention is the description applied to the holding of captives, by a state, without ever laying formal charges against them.
Detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states.
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the writ of habeas corpus[edit]
In English speaking democracies, since the thirteenth Century signing of the Magna Carta, captives were able to call upon the writ of habeas corpus — literally "show the body", a legal procedure where the state was required to show that there was a meaningful, legal justification for their detention.
Detention without charge by democratic countries[edit]
In recent decades some democratic countries have introduced limited mechanisms where individuals can be detained without being charged or convicted of a crime. See, for example, the Canadian Minister's Security Certificate.
The United States use of extrajudicial detention during the "war on terror"[edit]
During its "war on terror" the United States has made eavy use of extrajudicial detention.[1][2][3]
References[edit]
- ↑ George W. Bush, President of the United States. Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism. Whitehouse. URL accessed on 2007-10-10.
- ↑ Donald Rumsfeld Secretary of Defense. Order Establishing Combatant Status Review Tribunal. Department of Defense. URL accessed on 2007-04-26.
- ↑ Combatant Status Review Tribunal. Department of Defense. URL accessed on 2007-04-26.
