Difference between revisions of "Right to Habeas Corpus"

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===American Convention on Human Rights===
 
===American Convention on Human Rights===
  
'''Article 7 (6)''' -  
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'''Article 7(6)''' -  
  
 
Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies.
 
Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies.
  
The Inter-American Court of Human Rights examines Article 7 (6) ACHR jointly with Article 25, regarding the right to judicial protection which states:
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The Inter-American Court of Human Rights examines Article 7(6) ACHR jointly with Article 25, regarding the right to judicial protection, which states:
  
1.Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.
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*1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.
  
2.The States Parties undertake:
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*2. The States Parties undertake:
 
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**1. to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state;
1.to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state;
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**2. to develop the possibilities of judicial remedy; and
 
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**3. to ensure that the competent authorities shall enforce such remedies when granted.
2.to develop the possibilities of judicial remedy; and
 
 
 
3.to ensure that the competent authorities shall enforce such remedies when granted.
 
  
 
'''Relevant Caselaw'''
 
'''Relevant Caselaw'''

Revision as of 15:59, 28 May 2010