Habeas Corpus is everybody’s right - no exceptions
“Anybody detained by the police should either be charged with an offence or released after at most 96 hours. ”
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2. How does it fit with Compass’ core beliefs of equality, solidarity, democracy, freedom, sustainability and well being?
Freedom: Nobody should be denied their freedom without being brought before a judge as soon as possible and charged with a definite offence which can be tried in court.
Equality: Everybody should have equal rights under the law, regardless what crime they are suspected of and what religious or racial group they may belong to.
Democracy: It is dangerous for democracy when government interferes with the traditional safeguards to liberty: the next step along that path is introducing laws to stifle dissent.
3. How does it build the institutions of social democracy, like social groups and collective and cooperative forms of ownership and control?
It supports existing democratic institutions (including those codified in the Human Rights Act), whose foundation is the rule of law.
4. How much will it cost or raise and where will any cost come from?
No obvious large cost. Police might need more resources to No obvious large cost. Police might need more resources to complete their initial investigations quickly.
complete their initial investigations quickly.
5. Which groups in the electorate are likely to support or oppose this measure? Is there any polling evidence you have on this?
Anyone who doesn’t like the idea of being detained by the police without charge is likely to support
Muslims and immigrants are likely to support
Relatives of those who died in the July 2005 attacks are likely to oppose.
6. Is there a place or country where it’s worked? Please provide some information.
In England, the right not to be detained without charge worked well as a principle of English law since before the habeas corpus act of 1679 up until the law was changed in 2005, with exceptions only in time of war and when the IRA was active.
In other countries, according to Liberty, the maximum number of days a suspect can be held without charge is 1 in Canada, 2 in the USA, 5 in Russia, 6 in France, 7 in Ireland, 7.5 in Turkey
7. What are the three main arguments in favour/against it?
For:
Habeas corpus has been a principle of English law since the Magna Carta.
Suspicion does not guarantee guilt (see the case of Colin Stagg, falsely accused of murdering Rachel Nickell).
There is no evidence that the present 28-day detention law for terrorist suspects is making terrorist outrages less likely. Indeed, by generating resentment among Muslims, it may be making them more likely. Genuine terrorist suspects can be charged with a lesser offence and then detained.
Against:
The proposal would increase the danger of a terrorist outrage.
The Human Rights Act adequately protects suspects’ rights.
Comments
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nice job. I
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December 5th, 2009 at 10:51 am
nice job. I