Male captus bene detentus

Male captus, bene detentus (wrongly captured, properly detained) is a legal doctrine, according to which the fact that a person may have been wrongly or unfairly arrested, will not prejudice a rightful detention or trial under due process.

There is state practice in support of the doctrine,[1][2][3][4] as well as contrary state practice.[5][6][7][8][9] In one of its cases the U.S. Supreme Court held that where a person from another country is apprehended by irregular means, the right to set up as defense the unlawful manner by which he was brought to a court belongs "to the Government from whose territory he was wrongfully taken".[10]

Further reading

  • Paulussen, C. Y. M. (2010): Male Captus Bene Detentus? Surrendering suspects to the International Criminal Court. Intersentia. ISBN 978-94-000-0100-8

Notes

  1. ^ Attorney-General v. Eichmann, 36 I.L.R. 5 (1961)
  2. ^ Frisbie v. Collins, 342 U.S. 519 (1952)
  3. ^ United States ex el Lujan v. Gengler, 510 F.2d 62 (1975)
  4. ^ United States v. Alvarez-Machain, 504 U.S. 655 (1992)
  5. ^ State v. Ebrahim, 21 I.L.M. 888
  6. ^ United States v. Toscanino, 500 F.2d 267 (1974)
  7. ^ United States v. Verdugo-Urquidez 939 F.2d 1341 (1990)
  8. ^ Connelly v. Director of Public Prosecutions, A.C. 1254 (1964)
  9. ^ Bennett v. Horseferry Road Magistrates' Court, 3 All E.R. 138 (1993)
  10. ^ Ker v. Illinois, 119 U.S. 436 (1886)

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