Q COSTARICA — The Constitutional Court of Costa Rica, commonly known as Sala IV, paused the deportation of a foreign national arrested earlier this week for suspected links to the Hamas terrorist organization after agreeing to hear a habeas corpus petition.
The man, surnamed Abuawad, is of Palestinian origin and is from the West Bank region of Palestine.
Janekeith Durán, a human rights advocate, submitted the habeas corpus petition.Open as D
“In a democracy, respect for human rights does not depend on a person’s nationality, ethnic origin, religion, or the severity of the accusations against them. It is precisely in the most sensitive and controversial cases that the rule of law must demonstrate its strength and its commitment to constitutional principles,” Durán said.
The activist stated that he filed the petition because, at the time of the arrest, there was limited public information regarding the detainee’s identity, the specific legal basis for the measures taken, the conditions of custody, and the procedural guarantees being afforded.
Habeas corpus is a fundamental legal procedure that protects individuals against arbitrary and illegal detentions, compelling authorities to present the detainee before a judge immediately to verify the legality of the detention.
The expression comes from Latin. Its purpose is to have a judge quickly review whether a person is being detained lawfully.
How does it work?
If a person is arrested or held unlawfully, they—or someone acting for them—can file a writ of habeas corpus.
When this happens, a judge will:
- Make sure the detained person is brought to court.
- Review the reasons behind the detention.
- Decide if the detention is lawful.
If the detention isn’t legal, the judge will order the person’s immediate release.