In some countries, the writ has been temporarily or permanently suspended under the pretext of a war or state of emergency, for example by Abraham Lincoln during the American Civil War (see Habeas Corpus Suspension Act (1863)) and in England in 1795 So if an imposition such as internment without trial is permitted by the law, then habeas corpus may not be a useful remedy. It is technically only a procedural remedy it is a guarantee against any detention that is forbidden by law, but it does not necessarily protect other rights, such as the entitlement to a fair trial. Though a writ of right, it is not a writ of course. For example, in some Spanish-speaking nations, the equivalent remedy for unlawful imprisonment is the amparo de libertad ("protection of freedom"). Most civil law jurisdictions provide a similar remedy for those unlawfully detained, but this is not always called habeas corpus. One reason for the writ to be sought by a person other than the prisoner is that the detainee might be held incommunicado. Any prisoner, or another person acting on their behalf, may petition the court, or a judge, for a writ of habeas corpus. If the custodian is acting beyond their authority, then the prisoner must be released.
It is a summons with the force of a court order it is addressed to the custodian (a prison official, for example) and demands that a prisoner be brought before the court, and that the custodian present proof of authority, allowing the court to determine whether the custodian has lawful authority to detain the prisoner. The writ of habeas corpus was described in the eighteenth century by William Blackstone as a "great and efficacious writ in all manner of illegal confinement". 'that you have the body') is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. Habeas corpus ( / ˈ h eɪ b i ə s ˈ k ɔːr p ə s/ ( listen) from Medieval Latin, lit.
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