Editorial: Sauver l’Habeas Corpus
Auteur | Thierry Afschrift |
Fonction | Licencié en droit, avec grande distinction de l’Université Libre de Bruxelles (1976), licencié en droit économique (1977) et en sciences fiscales |
Personne ne peut Ítre arrÍtÈ pendant plus de 24 heures sans quíun juge dÈcide, soit de le libÈrer, soit de dÈlivrer un mandat díarrÍt. Cette garantie essentielle, qui empÍche la police de maintenir abusivement une arrestation, et qui remonte ‡ la Magna Carta de 1215, est Èvidemment reprise dans la Constitution belge.
Cíest heureux, parce que, si tel níÈtait pas le cas, les pressions de diffÈrents partis politiques, y compris ceux qui devraient plus que tout autre dÈfendre la libertÈ individuelle, auraient dÈj‡ certainement mis fin ‡ cette rËgle essentielle.
Díaucuns Èvoquent des lÈgislations ÈtrangËres qui ont Ètendu les dÈlais dits de ´garde ‡ vueª. Cíest oublier quíen gÈnÈral, ces pays accordent aux personnes arrÍtÈes des garanties de dÈfense autrement plus sÈrieuses que la trËs archaÔque procÈdure pÈnale belge.
Il faut rappeler encore et toujours que dans notre systËme lÈgal, -...
Pour continuer la lecture
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