- published: 09 Apr 2013
- views: 67070
Habeas corpus ( /ˌheɪbiːəs ˈkɔrpəs/; Latin: "may you have the body") is a writ, or legal action, through which a prisoner can be released from unlawful detention, that is, detention lacking sufficient cause or evidence. The remedy can be sought by the prisoner or by another person coming to their aid. Habeas corpus originated in the English legal system to assist wealthy landowners, but it is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom of certain individuals against arbitrary state action. It is a writ requiring a person to be brought before a judge.
A writ of habeas corpus, also known as the Great Writ, is a summons with the force of a court order; it is addressed to the custodian (a prison official for example) and demands that a prisoner be taken before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the person. If the custodian does not have authority to detain the prisoner, then they must be released from custody. The prisoner, or another person acting on his or her behalf, may petition the court, or a judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called "habeas corpus". For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad ('protection of freedom').