Habeas corpus
You shall have the body.
Habeas corpus is a legal remedy by which a detainee may demand to be brought before a court in order to have the lawfulness of his detention reviewed.
Habeas corpus is a procedural safeguard originating in the common law, designed to prevent arbitrary or unlawful deprivation of liberty. The court may order the detaining authority to produce the detainee and to justify the grounds for detention.
The Netherlands has no exact equivalent, but the principle influences the interpretation of Article 5 ECHR and Dutch legislation governing pre-trial detention. It provides for prompt judicial review of the lawfulness of detention.
In practice, the remedy is invoked primarily in international or cross-border matters, such as extradition or detention pursuant to international treaties.
“The attorney filed a petition for a writ of habeas corpus to bring the lawfulness of his client's detention directly before the court.”
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