Extrajudicial detention: Difference between revisions
imported>George Swan (first draft on Citizendium) |
imported>George Swan m (trying something new) |
||
| Line 1: | Line 1: | ||
{{subpages}} | |||
'''Extrajudicial detention''' is the description applied to the holding of captives, by a state, without ever laying formal charges against them. | '''Extrajudicial detention''' is the description applied to the holding of captives, by a state, without ever laying formal charges against them. | ||
Revision as of 16:35, 18 October 2007
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.
the writ of habeas corpus
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
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"
During its "war on terror" the United States has made eavy use of extrajudicial detention.[1][2] Only ten of the captives held in the Guantanamo Bay detention camps faced charges. They faced charges before Guantanamo military commissions, which were struck down by the US Supreme Court.
References
- ↑ Donald Rumsfeld Secretary of Defense (July 7 2004). Order Establishing Combatant Status Review Tribunal. Department of Defense. Retrieved on April 26, 2007.
- ↑ Combatant Status Review Tribunal. Department of Defense (October 15 2006). Retrieved on April 26, 2007.