Writ of Habeas Corpus - Mythrows 2025 SDIC 4

Writ of Habeas Corpus — Mythrows [2025] SDIC 4

Date of judgment	24th July 2025
Judge	Judge Terak
Writ	Habeas Corpus
Verdict	Petition granted
Result	The Arrest Warrant is voided and can no longer serve as a basis for arrest
Applicable persuasive precedent	A Warrant may only be issued if the person alleged to commit a crime is sufficiently established through the Warrant Due Process in relation to Warrants includes respecting the entire body of applicable statutory law related to the issuing of Warrants

JUDGMENT by Judge Terak

Introduction

[1] On July 24th 2025 a Petition for a Writ of Habeas Corpus from notcommunist366 (ID: 756995205281874042) on behalf of Mythrows (ID: 353340327341588482) who is a citizen of SimDemocracy was entered. Since the Petition concerned the applicability of a Warrant requested by the Government of SimDemocracy concerning an arrest in the Discord Server. The Server is covered by the Constitution and thus part of the Court Jurisdiction (ref. Reference re SimDemocracy Bill of Rights Jurisdiction [2025] SDSC 3 [9.1]).

[2] The petition claimed that Mythrows had been arrested in violation of Art. 22, §§ 1, 3 of the Constitution in connection with Art. 13 §§ 2.3, 2.4 CPA. Further the petition claimed the warrant was based on unspecific evidence, claiming it was unclear, missing context and lacked foundation. The petitioner requested the release of Mythrows and an order for the SDBI to offer a formal apology.

[3] The petition was made in “court-case-request” and clarified by the petitioner to be a request for a Writ of Habeas Corpus.

Factual Findings

[4] In accordance with Writ of Habeas Corpus - Guava [2025] SDIC 1 [7] the court moved to investigation, taking notice of the public discussion in the senate in connection with this matter, the statements and information provided by the Department of Justice through its ordered Officers as well as the filling provided by the Petitioner.

[5] The arrest of Mythrows was based on a warrant requested by .thegoldenfish (ID: 807475848714256385) and granted by Judge Confused (ID: 571540105517596693). The warrant was issued for violations of Art. 56 and 64 of the Criminal Code of 2020. The warrant was based on one screenshot. The screenshot is cropped to only include a discord text message, part of the profile picture of the account that sent the message and a reply section of the following message, showing another seemingly unrelated image, the same profile picture and an unreadable username.

[6] The users sending the messages could not be identified based on the cropped Screenshot provided as too much necessary information was missing from the picture.

[7] The Warrant was issued on the 22nd of July 2025.

[8] Under Art. 22 §2 of the constitution, no person may be deprived of their liberty unless due process is followed. The Department of Justice did not provide certification the arrest warrant was issued as a suppression in accordance with Art. 22 §2.4 Constitution, the warrant therefore is to be seen as an arrest according to Art. 22 §2.5 Constitution. Due Process needs to be followed and is reinforced by Art. 21 of the Constitution as the right to a fair trial can be extended to protect the accused even in the opening stages of a criminal prosecution. The Court herein joins Writ of Habeas Corpus - Guava III [2025] SDIC 2 [8; last half sentence].

[9] Due Process includes the right to be treated in accordance with the law. Any unlawful treatment necessarily violates due process.

[10] The Criminal Procedure Code of 2025 specifies that a judge may only approve a warrant if there is probable cause to do so. Taking notice of the meaning of these words in the English language and their legal meaning, probable cause is reached if there is good reason to believe a crime was committed and that a particular person was probably responsible.

[11] The screenshot provided did not include identifying information of the person committing the alleged crime.

[12] The screenshot provided lacked both context and a link to the place it was sent at in the channels of SimDemocracy, nor did it include a sworn affidavit under penalty of perjury to establish any of these missing details.

[13] Given the evidence attached to the warrant did not enable the identification of Mythrows as the sender of the message, nor establish any relation to the surrounding context, lacking even proof it was taken inside the jurisdiction of SimDemocracy, it is not able to establish probable cause.

[14] The rules of Art. 13 §§ 1-3 Courtroom Procedures Act regarding evidence take no effect in the issuing or warrants as the language of the act is specific that they require two parties, one being able to object. The Language of the act clearly limiting the admissibility of these objections to the Trial stage.

Verdict

[15] A violation of the Criminal Procedure Code constitutes due process violations.

[16] The Screenshot provided did not establish probable cause. It failed to even meet reduced evidentiary standards. Given no probable cause could be established, the warrant was not lawfully issued. Due Process was violated.

[17] The Warrant is voided in its effect.

Orbiter Dictum

[18] Given the wide language used in the act, a reasonable argument could be made to extend the rules of the Evidence Act of 2025 to the issuing of warrants. Any violation of the evidentiary rules under the Evidence Act thus would be a Due Process violation. This goes against legislative intent but is supported by the current language of the act. The Senate is urged to review the wording of the act to clarify its legal intentions and consequences. Respecting legislative intent the Court did not consider the Evidence Act in this ruling. The provided screenshot would likely not have met the standard of the Evidence Act either.

Citations

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