Habeas corpus is a recourse in law whereby a person can report an unlawful detention or imprisonment before a court, usually through a prison official. The writ of habeas corpus is known as the great and efficacious writ in all manner of illegal confinement, if the custodian is acting beyond his or her authority, then the prisoner must be released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a judge, One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions provide a remedy for those unlawfully detained. For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad, though a writ of right, it is not a writ of course. So if an imposition such as internment without trial is permitted by the law, in some countries, the writ has been temporarily or permanently suspended under the pretext of war or state of emergency. The right to petition for a writ of habeas corpus has nonetheless long been celebrated as the most efficient safeguard of the liberty of the subject, the most common of the other such prerogative writs are quo warranto, prohibito, mandamus, procedendo, and certiorari. The due process for such petitions is not simply civil or criminal, the official who is the respondent must prove his authority to do or not do something. Failing this, the court must decide for the petitioner, who may be any person and this differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof. From Latin habeas, 2nd person singular present subjunctive active of habere, to have, to hold, in reference to more than one person, habeas corpora. Literally, the means you may have the body. The complete phrase habeas corpus ad subjiciendum means you may have the person for the purpose of subjecting him/her to. These are the words of writs in 14th century Anglo-French documents requiring a person to be brought before a court or judge. The full name of the writ is often used to distinguish it from similar ancient writs, Habeas corpus ad prosequendum, a writ ordering return with a prisoner for the purpose of prosecuting him before the court. Habeas corpus ad respondendum, a writ ordering return to allow the prisoner to answer to new proceedings before the court, Habeas corpus ad testificandum, a writ ordering return with the body of a prisoner for the purposes of testifying. Habeas Corpus originally stems from the Assize of Clarendon, a re-issuance of rights during the reign of Henry II of England, in the 17th century the foundations for habeas corpus were wrongly thought to have originated in Magna Carta. William Blackstone cites the first recorded usage of habeas corpus ad subjiciendum in 1305, however, other writs were issued with the same effect as early as the reign of Henry II in the 12th century. The procedure for issuing a writ of habeas corpus was first codified by the Habeas Corpus Act 1679, a previous law had been passed forty years earlier to overturn a ruling that the command of the King was a sufficient answer to a petition of habeas corpus
Guantanamo Bay detention camp
The Guantanamo Bay detention camp is a United States military prison located within Guantanamo Bay Naval Base, also referred to as Guantánamo or GTMO, which fronts on Guantánamo Bay in Cuba. Since the inmates have been detained indefinitely without trial and several inmates were severely tortured, the camp was established by the President George W. Bushs administration in 2002 during the War on Terror. During his term, his administration succeeded in reducing the number of inmates from about 245 to 41, in practice, the site has long been used for indefinite detention without trial. The facility is operated by the Joint Task Force Guantanamo of the United States government in Guantanamo Bay Naval Base, Detention areas consisted of Camp Delta including Camp Echo, Camp Iguana, and Camp X-Ray, which is now closed. The Bush administration asserted that detainees were not entitled to any of the protections of the Geneva Conventions. Following this, on 7 July 2006, the Department of Defense issued a memo stating that detainees would, in the future. Current and former detainees have reported abuse and torture, which the Bush administration denied, in a 2005 Amnesty International report, the facility was called the Gulag of our times. In 2006, the United Nations called unsuccessfully for the Guantanamo Bay detention camp to be closed, on 22 January 2009, President Obama issued a request to suspend proceedings at Guantanamo military commission for 120 days and to shut down the detention facility that year. President Obama issued a Presidential memorandum dated 15 December 2009, ordering Thomson Correctional Center, Thomson, in February 2011, U. S. Secretary of Defense Robert Gates said that Guantanamo Bay was unlikely to be closed, due to opposition in the Congress. Congress particularly opposed moving prisoners to facilities in the United States for detention or trial, in April 2011, Wikileaks began publishing 779 secret files relating to prisoners in the Guantanamo Bay detention camp. On 4 November 2015, President Barack Obama stated that he was preparing to unveil a plan to close the facility, the plan would propose one or more prisons from a working list that includes facilities in Kansas, Colorado and South Carolina. Two others that were on the list, in California and Washington state, do not appear to have made the preliminary cut, by January 19,2017, however, the detention center remained open, with 41 detainees remaining. Camp Delta is a 612-unit detention center finished in April 2002 and it includes detention camps 1 through to 6, as well as Camp Echo, where pre-commissions are held. Camp X-Ray was a detention facility, which was closed in April 2002. Its prisoners were transferred to Camp Delta, in 2008, the Associated Press reported Camp 7, a separate facility on the naval base that is considered the highest security jail on the base, and its location is classified. It is used to house high-security detainees formerly held by the CIA, in January 2010, Scott Horton published an article in Harpers Magazine describing Camp No, a black site about a mile outside the main camp perimeter, which included an interrogation center. His description was based on accounts by four guards who had served at Guantanamo and they said prisoners were taken one at a time to the camp, where they were believed to be interrogated. He believes that the three detainees that DoD announced as having committed suicide were questioned under torture the night of their deaths
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the court, which is a court of law, equity. There is a United States bankruptcy court associated with each United States district court, each federal judicial district has at least one courthouse, and many districts have more than one. The formal name of a court is the United States District Court for the name of the district—for example. In contrast to the Supreme Court, which was established by Article III of the Constitution, there is no constitutional requirement that district courts exist at all. This view did not prevail, however, and the first Congress created the court system that is still in place today. There is at least one district for each state, the District of Columbia. District courts in three insular areas—the United States Virgin Islands, Guam, and the Northern Mariana Islands—exercise the same jurisdiction as Article III U. S. district courts, despite their name, these courts are technically not District Courts of the United States. Judges on these Article IV territorial courts do not enjoy the protections of Article Three of the Constitution, there are 89 districts in the 50 states, with a total of 94 districts including territories. The United States Court of International Trade addresses cases involving international trade, the United States Tax Court has jurisdiction over contested pre-assessment determinations of taxes. A judge of a United States district court is titled a United States District Judge. The number of judges in district court is set by Congress in the United States Code. The President appoints the judges for terms of good behavior. With the exception of the courts, federal district judges are Article III judges appointed for life. Otherwise, a judge, even if convicted of a criminal offense by a jury, is entitled to hold office until retirement or death. In the history of the United States, only twelve judges have been impeached by the House, a judge who has reached the age of 65 may retire or elect to go on senior status and keep working. A federal judge is addressed in writing as The Honorable John/Jane Doe or Hon. John/Jane Doe and in speech as Judge or Judge Doe or, when presiding in court, Your Honor. District judges usually concentrate on managing their courts overall caseload, supervising trials, since the 1960s, routine tasks like resolving discovery disputes can, in the district judges discretion, be referred to magistrate judges
Henry H. Kennedy Jr.
Henry Harold Kennedy Jr. is a former United States District Judge for the United States District Court for the District of Columbia. Born in Columbia, South Carolina, Kennedy received an A. B. from Princeton University in 1970, following graduation, he worked for the law firm of Reavis, Pogue, Neal and Rose in Washington, D. C. Subsequent to this he was an Assistant United States Attorney for the District of Columbia between 1973 and 1976 and he served as a United States Magistrate for the United States District Court for the District of Columbia between 1976 and 1979. He was appointed Associate Judge of the Superior Court of the District of Columbia in December 1979 where he served until he was appointed as a judge in September 1997. On May 15,1997, Kennedy was nominated by President Clinton to a seat on the United States District Court for the District of Columbia vacated by Joyce Hens Green. Kennedy was confirmed by the United States Senate on September 4,1997 and he retired on November 18,2011. He has two daughters, Morgan and Alexandra, who both attended Princeton University, Kennedys brother Randall is a professor at Harvard Law School. In November 2007, Kennedy ordered the Bush White House to preserve its emails, on January 9,2008, Kennedy rejected a request from terror suspects held at Guantanamo Bay seeking a court hearing into the destruction of interrogation tapes by the CIA in 2005. On August 16,2010, Kennedy ruled that Guantanamo Bay detainee Adnan Farhan Abd Al Latif could not be held by the U. S. government. Kennedy found that the key piece of evidence, a heavily redacted intelligence report, was not sufficiently reliable to justify Latifs detention. The D. C. Circuit later reversed this ruling, holding that Kennedy should have accorded a presumption of regularity to the report, circuits reversal of Kennedys reliability holding. On June 24,2011, Kennedy issued a ruling addressing the role of the U. S. Constitutions Speech or Debate Clause in federal legislative branch employment lawsuits. Henry H. Kennedy Jr. at the Biographical Directory of Federal Judges, a public domain publication of the Federal Judicial Center