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Found 44 Results

Case of Gangaram Panday v. Suriname (Inter-American Court of Human Rights)

The family of a person who died in military custody at an airport brought a claim against the State for violating the deceased’s right to liberty, and other rights. The IACtHR held that the failure to present reasons for the detention or a charge amounted to an arbitrary detention and a violation of the right […]

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Article 99, The Constitution of Pakistan

This provides courts in Pakistan with the power to issue a writ of habeas corpus to demand that people unlawfully held in detention can be released. The Pakistani Supreme Court has exercised this power in many cases, including: Government of West Pakistan v. Begum Agha Abdul Karim Shorish Kashmiri Muhammad Azam Malik v. A.C. Karachi

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Marcos Antonio Aguilar-Rodriguez (United States of America)

Mr. Aguilar-Rodrigez was a national of El Salvador who lived in the USA after fleeing El Salvador. In 2011 he was stopped by police for speeding, but never received a speeding ticket. The police alleged that he was intoxicated and served a 13-day jail term. Instead of being released, he was transferred to Immigration and […]

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Constitution of the Republic of Ghana

The Constitution of Ghana says that “every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual … but subject to respect for the rights and freedoms of others and for the public interest“.

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Mukong v Cameroon (UN Human Rights Committee)

Mr. Mukong was a journalist, writer and opponent of the one-party system in Cameroon. He was arrested following an interview with the BBC in which he criticised the President of Cameroon and its Government. He was detained without charge for a prolonged period, despite repeated requests for information on the reason for his detention. The […]

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Universal Declaration of Human Rights (“UDHR“)

This is a foundational human rights instrument. Although not binding, it was the first authoritative statement of rights that are now set out in multiple human rights treaties and constitutions.

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Article 253, Costa Rica Criminal Code

Under Costa Rica’s Criminal Code, a judge must review bail decisions every 3 months an accused is in custody. Similar rules exist in El Salvador, Paraguay, Venezuela and the Dominican Republic.

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Prosecution of Offences Regulations 1987 (UK)

This law sets the following framework of time limits: 56 days for “summary trials” (these are for less serious offences); and 182 days for “indictable offences” sent to the Crown Court (these are more serious offences). When the relevant custody time limit expires, the accused must be released on bail.

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Gray v DPP (Australia)

A man’s trial was delayed so much that he had already served more time than the maximum sentence related to the alleged crime. The Victorian Supreme Court found imposing such a sentence would breach his right to liberty.

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