History of Habeas corpus in Timeline

Habeas corpus is a fundamental legal right ensuring that a person detained or imprisoned can challenge the legality of their detention before a court. It compels the custodian of the detained individual to bring them before the court to determine if their imprisonment is lawful. This protection against unlawful imprisonment is a cornerstone of individual liberty, allowing courts to review whether the detention violates constitutional or statutory rights. The writ of habeas corpus serves as a vital check on governmental power and protects against arbitrary or unlawful confinement.

1922: Continuation of Habeas Corpus in Irish Law

In 1922, the writ of habeas corpus continued as part of the Irish law when the state seceded from the United Kingdom and was also guaranteed by Article 6 of the Constitution of the Irish Free State, using similar wording to the later Article 40.4.

1937: Guarantee of a Remedy Equivalent to Habeas Corpus in the Irish Constitution

In 1937, Article 40 of the Irish constitution guaranteed a remedy equivalent to habeas corpus, ensuring that no citizen shall be deprived of personal liberty save in accordance with law and outlining a specific procedure for the High Court to enquire into the lawfulness of any person's detention.

1937: Replacement of Article 6 with Article 40

In 1937, Article 6 of the Irish Free State Constitution, which guaranteed a remedy equivalent to habeas corpus, was replaced by Article 40.4 of the current constitution, continuing the protection of individual liberties.

1941: Restriction of the Article 40 procedure by the Second Amendment

In 1941, the Article 40 procedure in Ireland was restricted by the Second Amendment, limiting a prisoner's right to apply to multiple High Court judges for an enquiry into their detention and unconditional release if successful.

December 1948: Debate in the Constituent Assembly regarding writs

In December 1948, during a session of the Constituent Assembly, H.V. Kamath suggested removing specific references to writs in Article 32, while Dr. B.R. Ambedkar emphasized the significance of retaining them, highlighting that writs are vulnerable to legislative modifications but would be protected by explicit constitutional references.

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, with Article 104 guaranteeing procedural rights for those deprived of liberty, including the right to be brought before a judge by the end of the day following the arrest and the right to a hearing.

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 Czechoslovakia, alleging 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 after Luis Kutner filed a petition for a "United Nations Writ of Habeas Corpus" on his behalf in 1952. Kutner then advocated for the creation of an "International Court of Habeas Corpus".

1953: Brown v. Allen expands habeas corpus review

In 1953, the Brown v. Allen case opened the door for federal review of state court judgments to protect the constitutional rights of criminal defendants, expanding habeas corpus review.

1960: Enactment of the Internal Security Act

In 1960, the Internal Security Act was enacted, permitting detention without trial. The writ of habeas corpus is only effective if procedural errors in ordering the detention can be shown.

1965: Supreme Court Ruling in the O'Callaghan Case

In 1965, the Supreme Court ruled in the O'Callaghan case in Ireland that the constitution required an individual charged with a crime could be refused bail only if she was likely to flee or to 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, following a request from the Quebec Cabinet. This invocation led to the suspension of habeas corpus.

1971: Suspension of Habeas Corpus after the Plaza Miranda Bombing

In 1971, after the Plaza Miranda bombing, the Marcos administration in the Philippines, under Ferdinand Marcos, suspended habeas corpus in an effort to stifle the oncoming insurgency, blaming the Filipino Communist Party.

1972: Re-suspension of Habeas Corpus under Martial Law

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

1973: Provision for Habeas Corpus in the Constitution 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 ensure individuals are not held in custody without lawful authority or in an unlawful manner.

1976: Use of Habeas Corpus Writ in the Rajan Case

In 1976, the habeas writ was used in the Rajan case, involving a student 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, clarifying the relationship between historical acts and constitutional provisions.

May 1984: Law of Habeas Corpus Enacted in Spain

In May 1984, Spain enacted the Law of Habeas Corpus, allowing unlawfully imprisoned individuals to request a court appearance, either personally or through a third party, specifying reasons such as lack of legal authority, constitutional rights violations, or mistreatment. Custodians must bring the prisoner before a judge within 24 hours upon a habeas corpus order.

1996: Article 204 Becomes Law in Macau

In 1996, Article 204 in the Code of Penal Processes became law in Macau under Portuguese rule, providing a remedy equivalent to habeas corpus.

1996: Extension of the State's Power to Detain Persons Prior to Trial

In 1996, the power of the state to detain persons prior to trial was extended by the Sixteenth Amendment in Ireland, allowing courts to consider whether a person has committed serious crimes while on bail in the past when determining bail conditions.

1998: Passage of the Human Rights Act

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

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 Child Custody Dispute

In 2006, in New Zealand, habeas corpus was invoked against the government and private individuals in a child custody dispute involving alleged kidnapping by the maternal grandfather.

January 2007: Resolution of Habeas Corpus Case in New Zealand

In late January 2007, in a New Zealand child custody case, the mother was released from imprisonment for contempt of court after the grandfather came forward with the child, resolving the habeas corpus proceedings initiated in 2006.

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 who married a Muslim boy and was allegedly confined in a madrasa, demonstrating the judiciary's use of the writ to secure release from illegal detention.

December 2009: Suspension of Habeas Corpus in Maguindanao

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

March 2014: Habeas Corpus Petition Filed for Subrata Roy and Anna Hazare

On 12 March 2014, a habeas corpus petition was filed by Subrata Roy's counsel, and by the Panthers Party to protest the imprisonment of Anna Hazare, a social activist, highlighting the continued relevance of the writ in addressing unlawful detention.

2016: President Duterte's Plan to Suspend Habeas Corpus

In 2016, President Rodrigo Duterte of the Philippines stated he was planning on suspending habeas corpus.

May 2017: Declaration of Martial Law in Mindanao and Suspension of Habeas Corpus

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