Habeas Corpus Act

GENERAL ASSEMBLY RESOLUTION AT VOTE

Habeas Corpus Act
A resolution to improve worldwide human and civil rights.


Category: Human Rights

Strength: Strong

Proposed by: Quelesh

Description: The World Assembly,

ALARMED by the practice of arbitrary or indefinite detention of individuals;

DISTURBED by the continued detention of individuals after being cleared of wrongdoing or after serving their criminal sentences;

RESOLVED to prevent such practices and to grant relief to individuals being unjustly detained;

hereby MANDATES the following, subject to any limitations existing in prior international law:

1. Member states shall not detain any individual, without either formally charging or suspecting that individual of a criminal offense, for more than two hours in any seven-day period, four hours in any 30-day period or 24 hours in any 365-day period;

2. Member states shall not detain any individual, solely on the suspicion that the individual has committed a criminal offense, for more than 36 hours without formally charging the individual with the offense. Periods of time in which the authorities responsible for formally charging the individual with a crime are not available to do so may be added to the aforementioned 36 hour time limit, to a maximum of 96 additional hours;

3. Multiple separate detentions on suspicion of the same criminal charges shall cumulatively count towards the time limit in clause 2;

4. Member states shall not detain any individual who has been formally charged with a crime, but who has not been convicted of that crime, for any longer than is necessary to provide that individual with a speedy trial in accordance with international law. If the charge is dismissed prior to the conclusion of the trial, member states shall no longer detain the individual on that charge, unless the charge is lawfully refiled;

5. Member states shall not detain any individual for a particular criminal offense after that individual has been acquitted of that criminal offense;

6. Member states shall not detain any individual for a particular criminal offense in excess of the individual's lawful criminal sentence for that offense;

7. Member states must allow all detained individuals to formally challenge the legality of their detention before an impartial arbiter; should the arbiter deem the individual's detention to be in violation of either the member state's domestic law or international law, the member state must immediately release the individual.