Примеры использования Right of habeas corpus на Английском языке и их переводы на Русский язык
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Right of habeas corpus 2.
Another major modification introduced by Law No. 3842 concerns the right of habeas corpus.
Is the right of habeas corpus valid during a state of emergency?
Congress has adopted the Statutory Act on the right of habeas corpus established in the Constitution.
The competence, independence and impartiality of the judiciary is a necessary condition for safeguarding all of these guarantees,in particular the right of habeas corpus.
Does the State party ensure the right of habeas corpus to detainees under its control in other parts of the world?
Did that mean that a person deprived of liberty by an authority other than the courts orthe administration did not enjoy the right of habeas corpus in the State party?
Did prisoners in Kyrgyzstan have the right of habeas corpus- essentially a procedure which enabled an accused detainee to have his case examined by a judge rather than a prosecutor.
The right to have access to the evidence and adequate time and facilities for the preparation of a defence was guaranteed,as was the right of habeas corpus, even under states of emergency.
Decree No. 2 of 1984 had been repealed to the extent that the right of habeas corpus was restored; he asked whether there were any remaining limitations on that right. .
Mr. Concha Sanz(Colombia) said that article 12 of the Constitution prohibited enforced disappearance and also torture and cruel, inhuman or degrading treatment, andarticle 30 enshrined the right of habeas corpus.
CED was concerned that under Spanish law it was possible to suspend the right of habeas corpus when a state of emergency or siege had been declared.
The Chairperson welcomed the information that the right of habeas corpus was never suspended during states of emergency and asked what measures were taken in practice leading to the suspension of rights set out in article 9 of the Covenant during states of emergency.
We can begin with the concentration camp in Guantánamo,where torture is exercised and there is no right of habeas corpus; it is the realm of military commissions outside the rule of law.
Indeed, with only one limited exception(the right of habeas corpus, which Congress may temporarily suspend when public safety so requires), constitutional rights remain in effect at all times.
On November 29, 2011, the United States Senate rejected a proposed amendment to the National Defense Authorization Act for Fiscal Year 2012("NDAA") that would have banned indefinite detention by the United States government of its own citizens,leading to criticism that the right of habeas corpus had been undermined.
However, it is concerned that, under domestic law, it is possible to suspend the right of habeas corpus when a state of emergency or siege has been declared art. 17.
The Court also referred to"the right of habeas corpus" contained in article 5, paragraph 4,of the Convention to"support the idea that detention extended beyond the initial period as envisaged in paragraph 3 calls for the intervention of a court as a guarantee against arbitrariness.
The 241 complaints admitted concerned:(a)procedural guarantees(12 per cent);(b) the right of habeas corpus(6.6 per cent); and(c) the right of access to the justice system 81.4 per cent.
Article 19. In addition to the right of habeas corpus, to which the preceding article refers, there is the recourse of amparo against the illegal acts or undue omissions of officials or private individuals that restrict, deny or threaten to restrict or deny the rights and guarantees of the person recognized by this Constitution and the laws.
The right to information on the person detained,together with the non-derogable right of habeas corpus, should be considered central tools to prevent the occurrence of enforced disappearances.
In November 1990, the Mozambique Assembly adopted a new Constitution, providing for multiparty presidential and legislative elections with universal suffrage by secret ballot, an independent judiciary, equality before the law, access to courts, the abolition of the death penalty, the prohibition of torture and cruel and inhuman treatment,the right to presumption of innocence and the right of habeas corpus in cases of deprivation of liberty.
A robust challenge to this practice would be an increased use of the right of habeas corpus as required by article 9(4) of the International Covenant on Civil and Political Rights.
All these complaints, which account for 16 per cent of the overall total, refer to violations of procedural guarantees presumption of innocence(4), the right to a hearing by a competent, independent andimpartial tribunal within a reasonable period of time(3), the right of habeas corpus(8) and the legal duty of the State to investigate and administer punishment 31.
It notes a further expansion of States' recourse to emergency legislation diluting the right of habeas corpus or amparo and limiting the fundamental rights of persons detained in the context of the fight against terrorism.
Major preparatory work had been done with a view to incorporating the right of habeas corpus into domestic law in pursuance of a presidential decree of 2005 transferring to the courts the authority to order remand in custody, which should enter into effect on 1 January 2008.
What was more, the 2005 Detainee Treatment Act prohibited Guantánamo detainees from having recourseto a court in case of maltreatment and did not recognize their right of habeas corpus, which was replaced by a mechanism of review by the United States Court of Appeals, whose powers in that sphere were limited.
There is no constitutional provision restricting the right of habeas corpus during a state of emergency. The rights that may be suspended or limited during a state of emergency are specified with complete clarity in article 165 of the Constitution.
The Working Group received numerous reports according towhich detention on charges of terrorism, with the ensuing limitations on the right of habeas corpus, is used to detain political opponents, religious dissenters, and other persons exercising their freedoms of opinion, expression, conscience and religion.
With regard to the former, the most blatant violations are of the right of habeas corpus, the right to legal assistance of one's own choosing, the right to appeal before an independent court, the right to a public judgement, the right to present one's own witnesses and the right to a public trial.