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78-563: The policy has been legally challenged several times. However, federal courts have consistently found that military service members contractually agree that their term of service may be involuntarily extended until the end of their obligated service. Stop-loss was created by the United States Congress after the Vietnam War. Its use is founded on Title 10 , United States Code , Section 12305(a) which states in part: "...

156-654: A reserve component of the Armed Forces of the United States for the remainder of the eight-year obligation. Service members whose ETS, retirement, or end of service obligation date falls during a deployment may be involuntarily extended until the end of their unit's deployment. The controversy regarding stop-loss focuses mainly on the aspect involving "involuntary extension" of a service member's initial active duty service obligation. For service members opposed to involuntary extension, it represents implementation of

234-514: A "backdoor draft ." The use of stop-loss has been criticized by activists and some politicians as an abuse of the spirit of the law, on the basis that Congress has not formally declared war. During August 2007, Iraq Veterans Against the War , an activist organization of former and current service members, announced a national "Stop the Stop-Loss" campaign at a press conference where they were holding

312-410: A "great and efficacious writ in all manner of illegal confinement". It is a summons with the force of a court order ; it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. If the custodian

390-598: A 14th-century Anglo-French document requiring a person be brought before a court or judge--especially to determine whether the person is being detained legally. Praecipimus tibi quod corpus A.B. in prisona nostra sub custodia tua detentum, ut dicitur, una cum die et causa captionis et detentionis suae, quocumque nomine praedictus A.B. censeatur in eadem, habeas coram nobis ... ad subjiciendum et recipiendum ea quae curia nostra de eo adtunc et ibidem ordinare contigerit in hac parte. Et hoc nullatenus omittatis periculo incumbente. Et habeas ibi hoc breve. We command you, that

468-496: A 1991 decision in the case of Craig L. Sherman. Sherman was a sergeant in the U.S. Air Force under an enlistment contract that explicitly limited his active duty service to four years. But, in 1990, at the commencement of Operation Desert Storm , President George H.W. Bush issued Executive Order 12722, declaring a national emergency, and Executive Order 12728, which delegated to the Secretary of Defense, who could redelegate further,

546-512: A deep reduction in the number of personnel affected by the stop loss policy, announcing a goal "to reduce that number by 50 percent by June 2010 and to bring it down to scores or less by March 2011." In the 2005 "Witches of Mass Destruction" episode of American television series Boston Legal , Alan Shore represents a client suing the US military for the loss of her brother, who had to stay in Iraq beyond

624-415: A desultory clause in their contract which alters their expectation of an end of term of service date. It also exposes them to the risk of an additional or prolonged combat deployment. For opponents, "involuntary extension" is contrary to the notion of voluntary service and undermines popular support for the conflict. In a campaign speech in 2004, then-presidential candidate John Kerry described stop-loss as

702-473: A lawsuit by David Qualls, a National Guardsman in California. Qualls argued the military breached his enlistment contract by involuntarily extending his term of service. However, his arguments were rejected by Judge Royce C. Lamberth and the case was dismissed. Qualls' case was not appealed. In October 2004, a " John Doe " lawsuit was filed by an anonymous National Guardsman facing stop-loss, challenging

780-472: A person may not be subjected to any legal proceeding--such as arrest and imprisonment--without sufficient evidence having already been collected to show that there is a prima facie case to answer. The evidence must be collected beforehand because it must be available for exhibition in a public hearing within hours--or at most--days after arrest. Any charge leveled at the hearing thus must be based on evidence already collected, and an arrest and incarceration order

858-555: A result of the Habeas Corpus Acts, could be made regardless of whether the court was in session, by presenting the petition to a judge. Since the 18th century the writ has also been used in cases of unlawful detention by private individuals, most famously in Somersett's Case (1772), where the black slave, Somersett, was ordered to be freed. During that case, these famous words are said to have been uttered: "... that

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936-720: A session of the Constituent Assembly , H.V. Kamath, a member, suggested the removal of specific references to writs in Article 32, expressing concern that such references could restrict judges from establishing new types of writs in the future, while Dr. B.R. Ambedkar , the Chairperson of the Drafting Committee, emphasized the significance of retaining references to the writs. Dr. B.R. Ambedkar noted that writs, including habeas corpus , are already part of

1014-631: A specific procedure for the High Court to enquire into the lawfulness of any person's detention. It does not mention the Latin term habeas corpus , but includes the English phrase "produce the body". Article 40.4.2° provides that a prisoner, or anyone acting on his behalf, may make a complaint to the High Court (or to any High Court judge) of unlawful detention. The court must then investigate

1092-570: A statutory basis for any infringements of the fundamental rights guaranteed by the Basic Law while also guaranteeing judicial review; article 20, paragraph 3, which guarantees the rule of law; and article 3 which guarantees equality. In particular, a constitutional obligation to grant remedies for improper detention is required by article 19, paragraph 4 of the Basic Law, which provides as follows: "Should any person's right be violated by public authority, he may have recourse to

1170-612: A week-long vigil in a tower erected on the National Mall in Washington, D.C. Other anti stop-loss vigils occurred in Bellingham, Washington , and Colorado Springs, Colorado . On March 10 and 11, 2008, a group of college students from the organization Our Spring Break, supported by Code Pink and Iraq Veterans Against the War, as well as several other organizations, issued symbolic stop-loss "orders" to every member of both

1248-466: Is acted upon by the government. The wording of the writ of habeas corpus implies that the prisoner is brought to the court for the legality of the imprisonment to be examined. However, rather than issuing the writ immediately and waiting for the return of the writ by the custodian, modern practice in England is for the original application to be followed by a hearing with both parties present to decide

1326-439: Is acting beyond their authority, then the prisoner must be released. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus . One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado . Most Continental European law-influenced jurisdictions provide a similar remedy for those unlawfully detained, but this

1404-434: Is not always called habeas corpus . For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad ("protection of freedom"). Habeas corpus has certain limitations. The petitioner must present a prima facie case that a person has been unlawfully restrained. As a procedural remedy , it applies when detention results from neglect of legal process, but not when

1482-491: Is not binding on the Defence Forces during a state of war or armed rebellion. The full text of Article 40.4.2° is as follows: Upon complaint being made by or on behalf of any person to the High Court or any judge thereof alleging that such person is being unlawfully detained, the High Court and any and every judge thereof to whom such complaint is made shall forthwith enquire into the said complaint and may order

1560-430: Is not lawful if not supported by sufficient evidence. William Blackstone cites the first recorded usage of habeas corpus ad subjiciendum in 1305, during the reign of King Edward I . However, other writs were issued with the same effect as early as the reign of Henry II in the 12th century. Blackstone explained the basis of the writ, saying "[t]he king is at all times entitled to have an account, why

1638-594: Is only a procedural device to examine the lawfulness of a prisoner's detention, so long as the detention is in accordance with an Act of Parliament , the petition for habeas corpus is unsuccessful. Since the passage of the Human Rights Act 1998 , the courts have been able to declare an Act of Parliament to be incompatible with the European Convention on Human Rights , but such a declaration of incompatibility has no legal effect unless and until it

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1716-516: Is the respondent must prove authority to do or not do something. Failing that, the court must decide for the petitioner , who may be any person, not just an interested party. This differs from a motion in a civil process in which the movant must have standing, and bears the burden of proof. The phrase is from the Latin habeās , second person singular present subjunctive active of habēre , "to have", "to hold"; and corpus , accusative singular of corpus , "body". In reference to more than one person,

1794-516: The Habeas Corpus Parliament – being dissolved by the king immediately afterwards. Then, as now, the writ of habeas corpus was issued by a superior court in the name of the sovereign, and commanded the addressee (a lower court, sheriff, or private subject) to produce the prisoner before the royal courts of law. A habeas corpus petition could be made by the prisoner him or herself or by a third party on his or her behalf and, as

1872-580: The American Civil War , when Private Edward A. Stevens filed suit against the federal government for extending his three-month enlistment. The prosecuting party for the government was Edwin Stanton , Secretary of War. Stevens lost the suit and was confined for "mutinous conduct" for a brief period of time. Apparently the first time a court decision mentioned the Pentagon's stop-loss policy was

1950-639: The Assize of Clarendon of 1166, a reissuance of rights during the reign of Henry II of England in the 12th century. The foundations for habeas corpus are "wrongly thought" to have originated in Magna Carta but in fact predate it. This charter declared that: No Freeman shall be taken or imprisoned, or be disseized of his Freehold , or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by

2028-635: The Australian parliament passed the Australian Anti-Terrorism Act 2005 . Some legal experts questioned the constitutionality of the act, due in part to limitations it placed on habeas corpus . Habeas corpus rights are part of the English legal tradition inherited by Canada. The rights exist in the common law and have been enshrined in section 10(c) of the Charter of Rights and Freedoms , which states that "[e]veryone has

2106-574: The Basic Law for the Federal Republic of Germany provides that deprivations of liberty may be imposed only on the basis of a specific enabling statute that also must include procedural rules. Article 104, paragraph 2 requires that any arrested individual be brought before a judge by the end of the day following the day of the arrest. For those detained as criminal suspects, article 104, paragraph 3 specifically requires that

2184-454: The English courts in the name of the monarch to control inferior courts and public authorities within the kingdom. 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, because they incorporate the presumption of non-authority. The official who

2262-801: The United States House of Representatives and the United States Senate in protest of both the practice of stop-lossing, and of the Iraq War . On March 12, 2008, the students "enforced" the orders by blocking off the exits to the parking garages of the Rayburn House Office Building and the Hart Senate Office Building . The first known legal challenge to the involuntary extension of a soldier's enlistment contract occurred during

2340-410: The body of A.B. in our prison under your custody detained, as it is said, together with the day and cause of his taking and detention, by whatever name the said A.B. may be known therein, you have at our Court ... to undergo and to receive that which our Court shall then and there consider and order in that behalf. Hereof in no way fail, at your peril. And have you then there this writ. Victoria by

2418-525: The 18th day of January next, to undergo and receive all and singular such matters and things which our said Court shall then and there consider of in this behalf; and have there then this Writ. United States of America, Second Judicial Circuit, Southern District of New York , ss.: We command you that the body of Charles L. Craig , in your custody detained, as it is said, together with the day and cause of his caption and detention, you safely have before Honorable Martin T. Manton , United States Circuit Judge for

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2496-709: The Chief Justice moving a habeas corpus petition. It was also filed by the Panthers Party to protest the imprisonment of Anna Hazare , a social activist. In the Republic of Ireland , the writ of habeas corpus is available at common law and under the Habeas Corpus Acts of 1782 and 1816. A remedy equivalent to habeas corpus is also guaranteed by Article 40 of the 1937 constitution . The article guarantees that "no citizen shall be deprived of his personal liberty save in accordance with law" and outlines

2574-632: The Constitution grants the Supreme Court the authority to issue them. The Indian judiciary, in a catena of cases, has effectively resorted to the writ of habeas corpus to secure release of a person from illegal detention. The Indian judiciary has dispensed with the traditional doctrine of locus standi , so that if a detained person is not in a position to file a petition, it can be moved on his behalf by any other person. The scope of habeas relief has expanded in recent times by actions of

2652-745: The English Parliament (1679), in Catalonia , there are references from 1428 in the recurs de manifestació de persones (appeal of people's manifestation) collected in the Furs de les Corts of the Crown of Aragon and some references to this term in the Law of the Lordship of Biscay (1527). The writ of habeas corpus as a procedural remedy is part of Australia 's English law inheritance. In 2005,

2730-760: The French Constitution and regulated by the Penal Code. These safeguards are equivalent to those found under the Habeas-Corpus provisions found in Germany, the United States and several Commonwealth countries. The French system of accountability prescribes severe penalties for ministers, police officers and civil and judiciary authorities who either violate or fail to enforce the law. Article 7 of [1789] Declaration also provides that "No individual may be accused, arrested, or detained except where

2808-517: The French team subsequently championed the habeas corpus provisions enshrined in the European Convention for the Protection of Human Rights and Fundamental Freedoms . Germany has constitutional guarantees against improper detention and these have been implemented in statutory law in a manner that can be considered as equivalent to writs of habeas corpus . Article 104, paragraph 1 of

2886-689: The Grace of God, of the United Kingdom of Great Britain and Ireland Queen, Defender of the Faith, To J.K., Keeper of our Gaol, in the Island of Jersey , and to J.C. Viscount of said Island, Greeting. We command you that you have the body of C.C.W. detained in our prison under your custody, as it is said, together with the day and cause of his being taken and detained, by whatsoever name he may be called or known, in our Court before us, at Westminster , on

2964-569: The Indian judiciary. Usually, in most other jurisdictions, the writ is directed at police authorities. The extension to non-state authorities has its grounds in two cases: the 1898 Queen's Bench case of Ex Parte Daisy Hopkins , wherein the Proctor of Cambridge University did detain and arrest Hopkins without his jurisdiction, and Hopkins was released, and that of Somerset v Stewart , in which an African slave whose master had moved to London

3042-436: The Indian legal framework, but the existing writs are vulnerable to modifications through legislative changes, whereby the legislature, particularly with a strong majority, can amend the relevant laws, potentially leading to the suspension of writs like habeas corpus . However, following the Constitution's enactment, which includes explicit references to writs, these writs cannot be easily nullified by any legislative body because

3120-455: The Law of the land. However the preceding article of Magna Carta, nr 38, declares: No legal officer shall start proceedings against anyone [ not just freemen, this was even then a universal human right ] on his own mere say-so, without reliable witnesses having been brought for the purpose. - in the original Latin: Nullus balivus ponat aliquem ad legem, simplici sua loquela, sine testibus fidelibus ad hoc aductis Pursuant to that language,

3198-576: The Niagara River, using stop-loss as their legal basis for refugee status. In the 2010 episode " Moving the Chains " of the American television series House , a patient confesses to Gregory House that he has been served with a stop-loss order after completing his enlistment service. In 2015, stop-loss was used as a plot device in an episode of The Last Ship . When 16 men wanted to get off

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3276-468: The President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States" and Paragraph 10(c) of DD Form 4/1 (The Armed Forces Enlistment Contract) which states: "In the event of war, my enlistment in the Armed Forces continues until six (6) months after

3354-468: The President's authority under 10 U.S.C. § 673c, authorizing the President to suspend any provision of law relating to military retirement or separation of anyone determined to be essential. It was pursuant to this provision and executive order that Craig was, after some confusion, ordered to Saudi Arabia. He filed a petition for habeas corpus , based on 50 App. U.S.C. § 454(c)(1), which forbids involuntary extensions of enlistments unless Congress (not merely

3432-468: The President) declares war or a national emergency. The Court noted that Craig was relying on 50 App. U.S.C. § 454(c)(1), while the government was relying on 10 U.S.C. § 673c, the two provisions apparently in conflict. The Court sided with the government, primarily on the ground that 10 U.S.C. 673c was enacted more recently than 50 App. U.S.C. §454(c)(1), based on the presumptions that Congress was aware of

3510-481: The Second Judicial Circuit, within the circuit and district aforesaid, to do and receive all and singular those things which the said judge shall then and there consider of him in this behalf; and have you then and there this writ. The full name of the writ is often used to distinguish it from similar ancient writs, also named habeas corpus . These include: Habeas corpus originally stems from

3588-554: The air of England was too pure for slavery" (although it was the lawyers in argument who expressly used this phrase – referenced from a much earlier argument heard in the Star Chamber – and not Lord Mansfield himself). During the Seven Years' War and later conflicts, the writ was used on behalf of soldiers and sailors pressed into military and naval service. The Habeas Corpus Act 1816 introduced some changes and expanded

3666-406: The applicant [i.e., the person seeking habeas corpus review] must establish that he or she has been deprived of liberty. Once a deprivation of liberty is proven, the applicant must raise a legitimate ground upon which to question its legality. If the applicant has raised such a ground, the onus shifts to the respondent authorities [i.e., the person or institution detaining the applicant] to show that

3744-419: The body ' ) is an equitable remedy by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian (usually a prison official) to bring the prisoner to court, to determine whether their detention is lawful. The writ of habeas corpus was described in the eighteenth century by William Blackstone as

3822-419: The context of a sharp confrontation between King Charles II and Parliament , which was dominated by the then sharply oppositional, nascent Whig Party . The Whig leaders had good reasons to fear the king moving against them through the courts (as indeed happened in 1681) and regarded habeas corpus as safeguarding their own persons. The short-lived parliament which made this enactment came to be known as

3900-462: The courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts." In the Republic of India , the Supreme Court and High Courts possess the authority to issue a writ of habeas corpus , as granted by Articles 32 and 226 of the Constitution of India, respectively. (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of

3978-767: The deprivation of liberty was lawful. Suspension of the writ in Canadian history occurred at multiple times. During the October Crisis in 1970, the War Measures Act was invoked by the Governor General of Canada on the constitutional advice of Prime Minister Pierre Trudeau , who had received a request from the Quebec Cabinet. The Act was also used to justify German, Slavic, and Ukrainian Canadian internment during World War I , and

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4056-642: The discretion to grant the writ even in the face of an alternative remedy (see May v Ferndale Institution ). Under the Criminal Code the writ is largely unavailable if a statutory right of appeal exists, whether or not this right has been exercised. As a fundamental human right in the 1789 Declaration of the Rights of Man and of the Citizen drafted by Lafayette in cooperation with Thomas Jefferson , safeguards against arbitrary detention are enshrined in

4134-550: The earlier law when it enacted the later law, and that the later law effectively amended or repealed the earlier law notwithstanding the sections were in different locations in the codification. Further, the Court was reluctant, when the provisions were in evident conflict, to impair the President's ability to respond to a matter of national security. The first legal challenge to the contemporary stop-loss policy came in August 2004, with

4212-586: The first anniversary of their original expiration of service or ETS date (under twelve-month stop-loss); officers and warrant officers, not retirement eligible, to apply to leave one year from the end of their original service obligation date; officers and warrant officers without a service obligation to request separation 12 months after they were first affected by stop-loss; and retirement-eligible soldiers to apply for retirement one year from their original retirement eligibility date (defined as 20 years active federal service) or one year from when stop-loss took effect if

4290-582: The internment of German-Canadians, Italian-Canadians and Japanese-Canadians during World War II . The writ was suspended for several years following the Battle of Fort Erie (1866) during the Fenian Rising , though the suspension was only ever applied to suspects in the Thomas D'Arcy McGee assassination. The writ is available where there is no other adequate remedy. However, a superior court always has

4368-474: The judge must grant a hearing to the suspect in order to rule on the detention. Restrictions on the power of the authorities to arrest and detain individuals also emanate from article 2 paragraph 2 of the Basic Law which guarantees liberty and requires a statutory authorization for any deprivation of liberty. In addition, several other articles of the Basic Law have a bearing on the issue. The most important of these are article 19, which generally requires

4446-483: The king was a sufficient answer to a petition of habeas corpus . The cornerstone purpose of the writ of habeas corpus was to limit the king's Chancery's ability to undermine the surety of law by allowing courts of justice decisions to be overturned in favor and application of equity , a process managed by the Chancellor (a bishop) with the king's authority. The 1679 codification of habeas corpus took place in

4524-632: The law so prescribes, and in accordance with the procedure it has laid down." ... The Constitution further states that "No one may be arbitrarily detained. The judicial authority, guardian of individual liberty, ensures the observance of this principle under the condition specified by law." Its article 5 provides that everyone has the right to liberty and sets forth permissible circumstances under which people may be deprived of their liberty and procedural safeguards in case of detention. In particular, it states that "anyone deprived of his liberty by arrest or detention shall be entitled to take proceedings by which

4602-506: The lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful". France and the United States played a synergistic role in the international team, led by Eleanor Roosevelt, which crafted the Universal Declaration of Human Rights . The French judge and Nobel Peace Laureate René Cassin produced the first draft and argued against arbitrary detentions. René Cassin and

4680-538: The lawfulness of the process itself is in question. In some countries, the writ has been temporarily or permanently suspended on the basis of a war or state of emergency , for example with the Habeas Corpus Suspension Act 1794 in Britain and the Habeas Corpus Suspension Act (1863) in the United States. The right to petition for a writ of habeas corpus has nonetheless long been celebrated as

4758-428: The legality of the detention, without any writ being issued. If the detention is held to be unlawful, the prisoner can usually then be released or bailed by order of the court without having to be produced before it. With the development of modern public law, applications for habeas corpus have been to some extent discouraged, in favour of applications for judicial review . The writ, however, maintains its vigour, and

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4836-466: The liberty of any of his subjects is restrained, wherever that restraint may be inflicted." The procedure for issuing a writ of habeas corpus was first codified by the Habeas Corpus Act 1679 , following judicial rulings which had restricted the effectiveness of the writ. A previous law (the Habeas Corpus Act 1640 ) had been passed forty years earlier to overturn a ruling that the command of

4914-406: The matter "forthwith" and may order that the defendant bring the prisoner before the court and give reasons for his detention. The court must immediately release the detainee unless it is satisfied that he is being held lawfully. The remedy is available not only to prisoners of the state, but also to persons unlawfully detained by any private party. However, the constitution provides that the procedure

4992-530: The most efficient safeguard of the liberty of the subject. The English jurist Albert Venn Dicey wrote that the British Habeas Corpus Acts "declare no principle and define no rights, but they are for practical purposes worth a hundred constitutional articles guaranteeing individual liberty". The writ of habeas corpus is one of what are called the "extraordinary", " common law ", or " prerogative writs ", which were historically issued by

5070-451: The person in whose custody such person is detained to produce the body of such person before the High Court on a named day and to certify in writing the grounds of his detention, and the High Court shall, upon the body of such person being produced before that Court and after giving the person in whose custody he is detained an opportunity of justifying the detention, order the release of such person from such detention unless satisfied that he

5148-406: The phrase is habeas corpora . Literally, the phrase means "[we command] that you should have the [detainee's] body [brought to court]"; that is, that the detainee be brought to court in person. The complete phrase habeas corpus [coram nobis] ad subjiciendum means "that you have the person [before us] for the purpose of subjecting (the case to examination)". Those are the words of writs included in

5226-523: The right on arrest or detention ... to have the validity of the detention determined by way of habeas corpus and to be released if the detention is not lawful". The test for habeas corpus in Canada was established by the Supreme Court of Canada in Mission Institution v Khela , as follows: To be successful, an application for habeas corpus must satisfy the following criteria. First,

5304-424: The rights conferred by ( Part III ) is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus , mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by ( Part III ). (1) Notwithstanding anything in article 32, every High Court shall have power, throughout

5382-877: The ship, one enlisted member's contracted enlistment was already three weeks overdue. If he had not been allowed to jump ship, he would have considered himself to have been stop-lossed. Title 10 of the United States Code Too Many Requests If you report this error to the Wikimedia System Administrators, please include the details below. Request from 172.68.168.226 via cp1108 cp1108, Varnish XID 229460957 Upstream caches: cp1108 int Error: 429, Too Many Requests at Thu, 28 Nov 2024 08:52:03 GMT Habeas corpus Habeas corpus ( / ˈ h eɪ b i ə s ˈ k ɔːr p ə s / ; from Medieval Latin , lit.   ' you should have

5460-486: The soldier was retirement eligible on the effective date of stop-loss. Despite Secretary Gates's order, by April 2008 use of stop-loss had increased by 43%. Soldiers affected by stop-loss were then serving, on average, an extra 6.6 months, and sergeants through sergeants first class made up 45% of these soldiers. From 2002 through April 2008, 58,300 soldiers were affected by stop-loss, or about 1% of active duty, Reserve, and National Guard troops. In March 2009, Gates ordered

5538-463: The stop-lossing of soldiers. The United States Army states that enlisted soldiers facing stop-loss can now voluntarily separate by request, under provision 3-12, but only after they complete an involuntary deployment of 12–15 months and 90 days stabilization time (time allowed to "out-process" from the military) can they apply. This refers to an Army policy dated September 5, 2002. It allowed enlisted soldiers under stop-loss to voluntarily separate on

5616-615: The territoriality of the legislation. The privilege of habeas corpus has been suspended or restricted several times during English history , most recently during the 18th and 19th centuries. Although internment without trial has been authorised by statute since that time, for example during the two World Wars and the Troubles in Northern Ireland , the habeas corpus procedure has in modern times always technically remained available to such internees. However, as habeas corpus

5694-438: The territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus , mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. On 9 December 1948, during

5772-523: The time specified in his National Guard service contract due to the stop-loss program. A film titled Stop-Loss , released March 2008, details the fictional story of a soldier (played by actor Ryan Phillippe ) who goes absent without leave from the military after being notified he is being stop-lossed. In the September 2008 season 2 premiere of the Canadian television series The Border , three fictional American soldiers desert to Canada by swimming

5850-582: The validity of the law that authorized it. This suit was dismissed at trial and the court's findings were upheld by the Ninth U.S. Circuit Court of Appeals . The Ninth Circuit also rejected a similar appeal in Santiago v. Rumsfeld in May 2005. Former Secretary of Defense Robert Gates , as one of his first acts in his position (he assumed the office December 18, 2006), penned a memo compelling commanders to "minimize"

5928-409: The war ends, unless the enlistment is ended sooner by the President of the United States." During enlistment in any branch of the U.S. Armed Forces, all service members are required to sign an initial contract with an eight-year service obligation. The enlistment contract for a person going on active duty generally stipulates an initial period of active duty from two to six years, followed by service in

6006-757: Was freed by action of the writ. For example, in October 2009, the Karnataka High Court heard a habeas corpus petition filed by the parents of a girl who married a Muslim boy from Kannur district and was allegedly confined in a madrasa in Malapuram town. In 1976, the habeas writ was used in the Rajan case , a student victim of torture in local police custody during the nationwide Emergency in India. On 12 March 2014, Subrata Roy 's counsel approached

6084-528: Was held by the UK Supreme Court in 2012 to be available in respect of a prisoner captured by British forces in Afghanistan , albeit that the Secretary of State made a valid return to the writ justifying the detention of the claimant. Although the first recorded historical references come from Anglo-Saxon law in the 12th century and one of the first documents referring to this right is a law of

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