History of Habeas corpus in Timeline

Habeas corpus is a legal procedure that allows a court to review the lawfulness of a person's detention or imprisonment. It involves a writ ordering the custodian of a prisoner to bring them before the court to determine if their detention is justified. It serves as a fundamental protection against unlawful imprisonment and is considered a cornerstone of individual liberty, ensuring that the state cannot detain individuals without proper legal cause. The right to petition for this writ is a crucial safeguard against arbitrary or illegal confinement.

1922: Continuation of habeas corpus as part of Irish law

In 1922, the writ of habeas corpus continued as part of the Irish law when the state seceded from the United Kingdom. Article 6 of the Constitution of the Irish Free State, enacted in 1922, also guaranteed a remedy equivalent to habeas corpus.

1937: Guarantee of remedy equivalent to habeas corpus in the Irish Constitution

In 1937, the Irish Constitution's Article 40 guaranteed a remedy equivalent to habeas corpus. It ensures that no citizen shall be deprived of personal liberty save in accordance with law and outlines a procedure for the High Court to inquire into the lawfulness of detention.

1937: Enactment of new Constitution of Ireland

In 1937, the new Constitution of Ireland replaced the Constitution of the Irish Free State. Article 40.4 of the new constitution used similar wording to the previous Article 6, guaranteeing a remedy equivalent to habeas corpus.

1941: Restriction of Article 40 procedure by Second Amendment

In 1941, the Second Amendment restricted the Article 40 procedure, limiting a prisoner's right to apply to multiple High Court judges for an inquiry into her detention and ensuring immediate release upon successful challenge.

December 1948: Debate in Constituent Assembly regarding Article 32

In December 1948, during a session of the Constituent Assembly, there was a debate regarding the inclusion of specific references to writs in Article 32. H.V. Kamath suggested removing these references to allow for future judicial innovation, while Dr. B.R. Ambedkar emphasized the importance of retaining them to protect against legislative interference.

1949: Ratification of the Basic Law for the Federal Republic of Germany

In 1949, the Basic Law for the Federal Republic of Germany was ratified. Article 104 of the law outlines specific requirements for deprivations of liberty, including procedural rules and the right to be brought before a judge.

1952: Luis Kutner files petition for "United Nations Writ of Habeas Corpus"

In 1952, American lawyer Luis Kutner filed a petition for a "United Nations Writ of Habeas Corpus" on behalf of William N. Oatis, an American journalist jailed by the Communist government of Czechoslovakia. The petition alleged violations of Oatis' rights under the United Nations Charter and the Universal Declaration of Human Rights.

1953: Release of William N. Oatis

In 1953, William N. Oatis was released from prison. Luis Kutner continued advocating for the creation of an "International Court of Habeas Corpus".

1953: Brown v. Allen opens door for federal review

In 1953, the United States Supreme Court case Brown v. Allen opened the door for federal review of state court judgments to protect the constitutional rights of criminal defendants.

1960: Enactment of the Internal Security Act

In 1960, the Internal Security Act was enacted, permitting detention without trial. The procedure is usually effective in such cases only if a procedural error in the detention order can be shown.

1965: Supreme Court ruling in O'Callaghan case

In 1965, the Supreme Court ruled in the O'Callaghan case that an individual charged with a crime could be refused bail only if she was likely to flee or interfere with witnesses or evidence.

1970: Invocation of the War Measures Act during the October Crisis

In 1970, during the October Crisis, the War Measures Act was invoked by the Governor General of Canada on the advice of Prime Minister Pierre Trudeau.

1971: Suspension of habeas corpus after Plaza Miranda bombing

In 1971, following the Plaza Miranda bombing, the Marcos administration suspended habeas corpus in an effort to stifle the oncoming insurgency, which led to widespread protests.

1972: Suspension of habeas corpus upon declaration of martial law

In 1972, the writ of habeas corpus was suspended again when Marcos declared martial law.

1973: Article 199 of the Constitution of the Islamic Republic of Pakistan

In 1973, Article 199 of the Constitution of the Islamic Republic of Pakistan specifically provided for the issuance of a writ of habeas corpus, empowering the courts to exercise this prerogative.

1976: Use of habeas writ in the Rajan case

In 1976, the habeas writ was used in the Rajan case, concerning a student who was a victim of torture in local police custody during the nationwide Emergency in India.

1982: The State (Ahern) v. Cotter

In 1982, in The State (Ahern) v. Cotter, Walsh J. opined that the ancient writ referred to in the Habeas Corpus Acts remains in existence in Irish law as a separate remedy from that provided for in Article 40.

May 1984: Law of Habeas Corpus of 1984

In May 1984, Spain enacted the Law of Habeas Corpus, which allows a person imprisoned to allege unlawful imprisonment and request to appear before a judge. The law specifies grounds for considering detention unlawful, such as lack of legal authority, violation of constitutional rights, or mistreatment. Upon a habeas corpus order, the custodian must bring the prisoner before the judge within 24 hours.

1996: Enactment of Article 204 in the Code of Penal Processes in Macau

In 1996, Article 204 in the Code of Penal Processes in Macau, which became law under Portuguese rule, was enacted. This provision addresses a remedy equivalent to habeas corpus.

1996: Extension of state's power to detain persons prior to trial by Sixteenth Amendment

In 1996, the Sixteenth Amendment extended the power of the state to detain persons prior to trial. This allows courts to consider whether a person has committed serious crimes while on bail in the past.

1998: Passage of the Human Rights Act

In 1998, the Human Rights Act was passed, granting courts the power to declare an Act of Parliament incompatible with the European Convention on Human Rights. However, such a declaration has no legal effect unless acted upon by the government.

2005: Passage of the Australian Anti-Terrorism Act

In 2005, the Australian parliament passed the Australian Anti-Terrorism Act 2005. Some legal experts questioned the constitutionality of the act, due in part to limitations it placed on habeas corpus.

2006: Habeas corpus invoked in New Zealand custody dispute

In 2006, in New Zealand, habeas corpus was invoked after a child was allegedly kidnapped by his maternal grandfather following a custody dispute.

January 2007: Resolution of custody dispute through habeas corpus proceedings

In late January 2007, the custody dispute in New Zealand was resolved when the grandfather came forward with the child after the mother was imprisoned for contempt of court for failing to present the child.

October 2009: Karnataka High Court hears habeas corpus petition

In October 2009, the Karnataka High Court in India heard a habeas corpus petition filed by the parents of a girl allegedly confined in a madrasa after marrying a Muslim boy.

December 2009: Suspension of habeas corpus in Maguindanao

In December 2009, habeas corpus was suspended in Maguindanao after President Gloria Macapagal Arroyo placed the province under martial law in response to the Maguindanao massacre.

March 2014: Habeas corpus petitions filed for Subrata Roy and Anna Hazare

On 12 March 2014, a habeas corpus petition was filed by Subrata Roy's counsel and the Panthers Party to protest the imprisonment of Anna Hazare, a social activist.

2016: President Duterte's plan to suspend habeas corpus

In 2016, President Rodrigo Duterte stated his intention to suspend habeas corpus in the Philippines.

May 2017: Declaration of martial law in Mindanao and suspension of writ

In May 2017, President Rodrigo Duterte declared martial law in the whole island of Mindanao, including Sulu and Tawi-tawi, for 60 days due to attacks by the Maute group. This declaration suspended the writ of habeas corpus.