Примеры использования Habeas corpus procedure на Английском языке и их переводы на Русский язык
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The habeas corpus procedure.
PRI-Central Asia recommended that Kazakhstan follow the habeas corpus procedure for all limitations of freedom.
Habeas corpus procedure was highly specialized, and consequently expeditious.
On 29 June 2007 the Senate of the Oliy Majlis approved the amendments which introduced the habeas corpus procedure.
The habeas corpus procedure fulfils the requirements of article 17.2(f) of the Convention.
In addition, the detainee or anyone else could verify the legality of the detention through the habeas corpus procedure. .
The introduction of a habeas corpus procedure had been under discussion in Uzbekistan since 2003.
Mr. González(Uruguay) said that his country did indeed plan to reform the habeas corpus procedure in the way suggested by Mr. López Ortega.
Habeas corpus procedures were always available in Israel, including to administrative detainees.
The failure to introduce, through the legal reform of July 2008, habeas corpus procedure in full conformity with international standards art. 2.
In addition, the habeas corpus procedure before the Supreme Court entrenched in the Constitution is cumbersome and ineffective.
Accused persons have the right to be visited by their relatives and their counsel,in accordance with the statutory regulations, while the habeas corpus procedure is an additional guarantee.
He wished to know whether habeas corpus procedures were widely used in the States that the Subcommittee had visited to date.
Presumption of innocence,double jeopardy and retrospectivity could also, in a sufficiently straightforward case, be dealt with under the urgent habeas corpus procedure. .
Finally, the habeas corpus procedure was reportedly the only available legal remedy in cases of enforced disappearances.
Mr. Domah asked whether the Subcommittee had statistics on the States in which habeas corpus procedures were still in force and on the ones in which they had been abolished.
Any judge involved in a habeas corpus procedure could assess the lawfulness of the detention and order that the defendant should be brought before a judge within 24 hours.
The statistics, in fact, related to the extraordinary procedures governing the judicial review of police custody,which existed in addition to the normal habeas corpus procedure.
He also inquired about the habeas corpus procedure mentioned in paragraph 146 of the same document: what court was competent to issue a writ of habeas corpus? .
These reasons essentially concern procedural delays,the unavailability of legal aid to enable people without means to initiate the habeas corpus procedure, the heavy caseload of judges and the poor supervision of their work.
Lastly, the habeas corpus procedure is urgent and summary, and does not provide for pretrial discovery of evidential material held by opposing parties, said to be required by article 9, paragraph 4.
The Working Group also reported(para. 36) that, regrettably,in many countries habeas corpus procedures did not exist, had been suspended, were not readily available or had not been used.
Regarding issues of unlawful detention, and in light of article 17.4 of the Constitution, Organic Act No. 6/1984 of 24 May, particularly articles 1, 3, 5, 6, 7 and8, regulates the habeas corpus procedure.
Habeas corpus procedures that have been suspended in contradiction to the Declaration should be reopened and investigations should be effortlessly continued in order to endeavour to clarify past cases of enforced disappearances;
The alleged violations of various provisions of article 9 are irrelevant, since they are contradicted by the documents provided by the author himself,regarding both his appearance before the Portuguese court and the outcome of the habeas corpus procedure.
The Court of Appeal also noted the issue could be further pursued in judicial review proceedings,more apt than the summary habeas corpus procedure to test disputed allegations of fact, but the author did not do so.
With regard to the concerns expressed about habeas corpus procedure, he said that the 1984 Organization Act also applied of course to custody and pre-trial detention on charges of suspected membership of an armed gang.
Similarly, the Ombudsman is entitled to lodge a constitutional challenge pursuant to article162 of the Constitution, and is specially authorized to bring a habeas corpus procedure before the ordinary courts.
It has recommended that"habeas corpus procedures that have been suspended in contradiction to the Declaration should be reopened and investigations should be effortlessly continued in order to endeavour to clarify past cases of enforced disappearances" para. 108.
Observing that the documents submitted by the State party appeared to use the terms"application for immediate release"("requête en libération immédiate")and"habeas corpus procedure" interchangeably, he asked whether there was a difference between them.