Although it has a long history of legitimate use in wartime, detention without charge, sometimes in secret, has been one of the hallmarks of totalitarian states.

Writ of habeas corpus

In English speaking democracies, since the thirteenth century signing of the Magna Carta, captives were able to call upon the writ of habeas corpus — literally "you have the body." This legal procedure required the state to show that there was a meaningful, legal justification for their detention.

Detention without charge by democratic countries

In recent decades some democratic countries have introduced limited mechanisms whereby individuals can be detained without being charged or convicted of a crime. See, for example, the Canadian Minister's Security Certificate.

The United States use of extrajudicial detention during the War on Terror

During the global war on terror the United States has used extrajudicial detention on unlawful enemy combatants and terrorists. Ten of the captives held in the Guantanamo Bay detention camps faced charges before Guantanamo military commissions, which were struck down by the US Supreme Court.

References