Habeas Corpus
What is Habeas Corpus?
It is the public action that protects individual liberty when someone is captured in violation of constitutional or legal guarantees, or her/his liberty deprivation is illegally extended.
Before what authority is it pleaded?
Before any local judge where the person is captured.
Who can plead it?
At all times, by herself/himself, or through a third party.
How much time does the judge have to issue a resolution?
It must be resolved in thirty six (36) hours from the moment of the request, regardless of the number of people in custody.
What is the sanction imposed on officials who would not process it?
A judge who would not process it or who obstructs its processing by any means, will be subject to arrest from six (6) months to two (2) years, and will face loss of employment.