The National Court of Justice of Ecuador decided on Friday that former vice president Jorge Glas must remain in jail despite denouncing his arrest at the Mexican Embassy as illegal. The habeas corpus petition filed to request his release stemmed from his detention during the raid at the Mexican Embassy last week and followed a [...]
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The recent Australian High Court ruling in NZYQ v. Minister for Immigration, Citizenship and Multicultural Affairs has prompted significant developments in Australia’s immigration detention policies. This commentary examines the legal implications of the ruling, the subsequent legislative response, and the ongoing concerns raised by human rights and refugee advocates. A History of Mandatory Detention for [...]
India Supreme Court dismisses petition to release man detained over alleged murder plot
The Indian Supreme Court dismissed Thursday a habeas corpus petition by one of the family members of Nikhil Gupta for his release from detention in the Czech Republic. Gupta has been accused of plotting the murder of pro-Khalistan activist Gurpatwant Singh Pannun. Habeas corpus petitions are a legal mechanism that protects an individual’s right to [...]
Delhi High Court dismisses Parliament security breach petition seeking release from custody
The Delhi High Court dismissed a petition by Neelam Azad on Wednesday seeking her release from detention by Delhi Police. Azad is one of the accused persons in the recent Indian Parliament security breach case. A habeas corpus petition was filed under Article 226 of the Constitution of India, along with Section 482 of the [...]
Peruvian law students from the Facultad de Derecho y Ciencias Políticas, Universidad Nacional de San Antonio Abad del Cusco are reporting for JURIST on law-related events in and affecting Perú. All of them are from CIED (Centro de Investigación de los Estudiantes de Derecho, a student research center in UNSAAC’s faculty of law dedicated to spreading legal information [...]
Range v. AG and the Shifting Unconstitutionality of Gun Regulation in the US
On June 6, 2023, an en banc panel of the United States Court of Appeals for the Third Circuit ruled that 18 U.S.C. §922(g)(1), the “felon in possession of a firearm” statute, is unconstitutional as applied to one individual, Bryan Range. While the decision purports to be “a narrow one” the rationale that underpins the [...]
UK unveils bill providing for detainment and removal of migrants who enter illegally
The UK government Tuesday unveiled its Illegal Migration Bill, which would require the deportation of anyone who illegally entered the UK and passed through a safe country. If passed, the home secretary will have the power to enforce the legislation. The bill comes under the scope of one of UK Prime Minister Rishi Sunak’s “5 [...]
US releases Afghan Guantánamo Bay detainee after 15 years of incarceration
The US Department of Defense Friday announced the release of Asadullah Haroon Gul, an Afghan national who had been held for 15 years without charge in the Guantánamo Bay detention camp. Gul was incarcerated in Guantánamo Bay in 2007 on accusations of being a member of Al-Qaeda and Hezb-e-Islami (HIA), an insurgent group that fought [...]
As a criminal defense attorney practicing post-conviction law for nearly twenty years, I’ve watched the Supreme Court whittle away convicted defendants’ right to contest their wrongful state convictions. The most recent example is the Supreme Court’s opinion in Shinn v. Martinez Ramirez, which prevents prisoners from entering federal court to litigate claims that were forfeited [...]
US Supreme Court holds death row inmates can challenge their method of execution
The US Supreme Court Thursday held that prisoners on death row may challenge their state’s method of execution under 42 U.S.C. § 1983. In Nance v. Ward, the court addressed the issue of whether a death row inmate could bring a case challenging the method of execution they will face. Petitioner Michael Nance received a death [...]