We command you, that the body of A.B. in our prison under your custody detained, as it is said, together with the day and cause of his taking and detention, by whatever name the said A.
Thus, the likelihood for chaos as a result of the people’s desire to uproot an illegitimate government is increased.
Habeas corpus ad testificandum: a writ ordering return with the body of a prisoner for the purposes of "testifying".
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We command you, that the body of A.B. in our prison under your custody detained, as it is said, together with the day and cause of his taking and detention, by whatever name the said A.
In 1976, the habeas writ was used in the Rajan case, a student victim of torture in local police custody during the nationwide Emergency in India.
The Second Amendment provided that a prisoner has only the right to apply to a single judge, and, once a writ has been issued, the President of the High Court has authority to choose the judge or panel of three judges who will decide the case.
Las que lo fueren por una autoridad, agente por la misma, funcionario público este particular, sin que concurran los supuestos legales, o sin haberse cumplido las formalidades prevenidas y requisitos exigidos por las Leyes.
Habeas corpus ad respondendum: a writ ordering return to allow the prisoner to "answer" to new proceedings before the court.
The right of manifestación acted like an habeas corpus: knowing that the appeal to the Justicia would immediately follow any unlawful detention, these were effectively illegal. Equally, torture (which had been banned since 1325 in Aragon) would never take place.[58] In some cases, people exerting their right of manifestación were kept under the Justicia's watch in manifestación prisons (famous for their mild and easy conditions) or under house arrest. More generally however, the person was released from confinement and placed under the Justicia's protection, awaiting for trial. The Justicia always granted the right of manifestación by default, but they only really had to act in extreme cases, as for instance famously happened in 1590 when Antonio Pfoirez, the disgraced secretary to Philip II of Spain, fled from Castile to Aragon and used his Aragonese ascendency to appeal to the Justicia for manifestación right, thereby preventing his arrest at the King's behest.
was not res judicata: a plaintiff might make successive applications for relief to several judges. From the Cambridge English Corpus Had the crown refused the petition for writ of habeas
The writ of habeas corpus was described by William Blackstone as a "great and efficacious writ in para que serve habeas corpus all manner of illegal confinement".[3] It is a summons with the force of a court order; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian is acting beyond their authority, then the prisoner must be released.
Habeas corpus is available to counter misuse of power in the form of illegal arrest, imprisonment or detention. Application for it must be made to the competent court.