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
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
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 […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
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“.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
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 […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
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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Data type: Legal citations,
Legal Topic: Detention,
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.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
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.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
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.
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
An individual had been charged with sixteen or more burglaries and was not released on bail because it was feared that he would re-offend if released. He ended up being held in pre-trial detention for 2 years. The European Court ruled that he had been denied a “trial within a reasonable time” in violation of article […]
Content type: Resource Bank
Data type: Legal citations,
Legal Topic: Detention,
