Habeas Corpus
Resolution text
| Category: | Human Rights | Strength: | Significant | Proposed By: | Enn |
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Description:
Habeas Corpus; by the passing of this resolution instituting the legal principle of Habeas Corpus by the voting members, Habeas Corpus will thus be affirmed by the United Nations as a set and irrefutable legal principle to which all member nations and all associated internal agencies are subject.
Recognising that Habeas Corpus is a founding principle of law in many nations, the UN formally adopts Habeas Corpus across all member states.
To clearly define Habeas Corpus:
Habeas Corpus is the legal principle that gives a person the right to not be held without charge. A charge must be filed with the judicial authorities of the country in which the suspected crime is committed within 48 hours of the person being held by police, or any other body charged with the upholding of the nation's laws. This period does not apply to any time when the judicial authorities are not active, such as weekends or national holidays. Habeas Corpus also declares accordingly that once a charge is filed, then the person should be treated as per the Definition of Fair Trial resolution.
Further noting,
If the captured or detained person is a prisoner of war or is captured or detained in an area of military conflict by forces of whom may be recognised as the opposition, then the previously recognised and enforced Wolfish Convention on PoWs and not Habeas Corpus shall apply to his or her treatment. Furthermore, be it hereby resolved that any person who is not detained as a prisoner of war is entitled to Habeas Corpus.
- Votes For: 12,550
- Votes Against: 3,377
- Implemented: Fri Sep 10 2004
Additional materials
- Preparing for re-submission Habeas Corpus UN Floor Debate
- Habeas Corpus Draft proposal discussions
- Wolfish Convention on POW
- UN Timeline
- Index of UN Resolutions
- United Nations
