Extrajudicial detention: Difference between revisions

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'''Extrajudicial detention''' is the description applied to the holding of captives, by a state, without ever laying formal charges against them.
 
Detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states.
 
==the writ of habeas corpus==
 
In English speaking democracies, since the [[thirteenth Century]] signing  of the [[Magna Carta]], captives were able to call upon the [[habeas corpus|writ of habeas corpus]] — literally "show the body", a legal procedure where the state was required to show that there was a meaningful, legal justification for their detention.
 
==Detention without charge by democratic countries==
 
In recent decades some democratic countries have introduced limited mechanisms where individuals can be detained without being charged or convicted of a crime.  See, for example, the Canadian [[Minister's Security Certificate]].
 
==The United States use of extrajudicial detention during the "war on terror"==
 
During its "[[war on terror]]" the [[United States]] has made eavy use of extrajudicial detention.<ref name=Bush20011113>
{{cite web
| url=http://en.wikisource.org/wiki/Detention%2C_Treatment%2C_and_Trial_of_Certain_Non-Citizens_in_the_War_Against_Terrorism
| title=Detention, Treatment, and Trial of Certain Non-Citizens in the War Against Terrorism
| publisher=[[Whitehouse]]
| author=[[George W. Bush]], [[President of the United States]]
| date=[[November 13]], [[2001]]
| accessdate=2007-10-10
}}</ref><ref name=OrderEstablishingCsrt20040707>
{{cite web
| url=http://www.defenselink.mil/news/Jul2004/d20040707review.pdf
| title=Order Establishing Combatant Status Review Tribunal
| date=[[July 7]] [[2004]]
| author=[[Donald Rumsfeld]] [[Secretary of Defense]]
| publisher=[[Department of Defense]]
| accessdate=2007-04-26
}}</ref><ref name=CsrtFactSheet20061015>
{{cite web
| url=http://www.defenselink.mil/news/Oct2006/d20061017CSRT.pdf
| title=Combatant Status Review Tribunal
| date=[[October 15]] [[2006]]
| publisher=[[Department of Defense]]
| accessdate=2007-04-26
}}</ref>
 
Only eleven of the captives held in the [[Guantanamo Bay detention camp]]s have faced charges before [[Guantanamo military commissions]].
 
==References==
<references/>

Revision as of 11:48, 19 October 2007

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