Current Legal Topics: Habeas Corpus Rights in Thirteen CountriesUnder the concept of habeas corpus as developed in Anglo-American jurisprudence, persons who are deprived of their liberty have the right to challenge through judicial inquiry the legality of their arrest or detention.
The right to challenge one's arrest or detention is now incorporated in international human rights standards. This right may be exercised through the extraordinary process of habeas corpus in the countries which belong to the Common Law system, or through the normal procedural process, including appeals and motions for retrial in the civil law countries.
This report from the Law Library of Congress analyzes the right available to persons in Canada, Egypt, France, Germany, Iraq, Italy, Japan, Pakistan, Russia, Saudi Arabia, Syria, the United Kingdom, and Yemen to challenge the legality of their arrest or detention.
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