Editing Habeas corpus (section)

===Germany===
Germany has constitutional guarantees against improper detention and these have been implemented in statutory law in a manner that can be considered as equivalent to writs of ''habeas corpus''.

Article&nbsp;104, paragraph&nbsp;1 of the [[Basic Law for the Federal Republic of Germany]] (ratified in 1949) provides that deprivations of liberty may be imposed only on the basis of a specific enabling statute that also must include procedural rules. Article&nbsp;104, paragraph&nbsp;2 requires that any arrested individual be brought before a judge by the end of the day following the day of the arrest. For those detained as criminal suspects, article&nbsp;104, paragraph&nbsp;3 specifically requires that the judge must grant a hearing to the suspect in order to rule on the detention.

Restrictions on the power of the authorities to arrest and detain individuals also emanate from article&nbsp;2 paragraph&nbsp;2 of the Basic Law which guarantees liberty and requires a statutory authorization for any deprivation of liberty. In addition, several other articles of the Basic Law have a bearing on the issue. The most important of these are article 19, which generally requires a statutory basis for any infringements of the fundamental rights guaranteed by the Basic Law while also guaranteeing judicial review; article&nbsp;20, paragraph&nbsp;3, which guarantees the rule of law; and article&nbsp;3 which guarantees equality.

In particular, a constitutional obligation to grant remedies for improper detention is required by article&nbsp;19, paragraph&nbsp;4 of the Basic Law, which provides as follows: "Should any person's right be violated by public authority, he may have recourse to the courts. If no other jurisdiction has been established, recourse shall be to the ordinary courts."<ref>{{cite web |url=https://www.loc.gov/law/help/habeas-corpus/germany.php |title=Habeas Corpus Rights: Germany |publisher=Law Library of Congress |website=Loc.gov |date=March 2009 |access-date=2013-06-17}}</ref>