A MEXICAN-AMERICAN CITIZEN FOR THE FISRT TIME, PRESENTING A HABEAS CORPUS, DEMANDS FREEDOM FOR HER SPOUSE, JUAN PABLO CHAVEZ, WHO WAS ARBITRARILY ARRESTED BY A RACIST AND XENOPHOBIC POLICE OFFICER.

A police officer in Dallas, Texas, turned a traffic sign violation into a criminal charge, just because the offender had a Mexican profile and wore tattoos on his body. The police officer insulted, humiliated and intimidated him with Immigration Authorities. To justify his abusive arresting procedure, the police officer found no other "legal reason" than to charge Mr. Chavez with carrying a false document, one of those which millions of workers carry to satisfy the demands of their employers.

The fake identification card was found inside Mr. Chavez’ van, which was searched by five Police Officers who had no court order and were in violation of all legal protocols. The victim, Mr. Juan Pablo Chavez, had already been handcuffed and ordered to sit on the curb of the road.

On Friday April 4, 2014, in an unprecedented event in Dallas, young Aracelly Herrera, who was born in the United States, stood before Justin Lord (Assistant District Attorney, Criminal District Attorney's Office, Dallas County, Texas), with a written "Habeas Corpus" as a means of protecting the fundamental human rights and procedural safeguards in the case of her spouse Juan Pablo Chavez. Her action was upheld by the sacred fundamental rights enshrined in the Fourth Amendment of the U.S. Federal Constitution, which prohibits arrests, raids and seizures without due process of law. The Supreme Court of the United States, in repeated judgments, has argued that the evidence obtained by the transgression of the Fourth Amendment, cannot be admitted in a criminal trial.

It is appropriate to make publicly knowns that the procedure for Habeas Corpus is simple. Either the victims, their relatives, or anyone who may know of the violation can request a revision of the case by a competent authority. Such authority will then be bound to request the “Corpus Delicti” and the basis for the apprehension of the person. A “Writ of Habeas Corpus ", duly granted, may allow the immediate release of a person unlawfully detained. Since this is a Summary Procedure no legal formalities are needed for its draft.

The Habeas Corpus maintains its constitutional basis in Article One , Section 9, Clause II of the Constitution of the United States of America. According to this provision the privilege of Habeas Corpus shall only be suspended "unless when in cases of rebellion or invasion the public safety may require it.”

COMMUNITY SCHOOL OF HUMAN RIGHTS OF TEXAS

3626 Almazan Drive, Dallas, Texas, 75220 – Phone 214 351 1855

"Those who deny freedom to others, deserve it not themselves.”

Abraham Lincoln