Conditions for Arrest Orders in Martial Law

The decree affirms that the President has inherent constitutional authority to issue orders of arrest or commitment orders during martial law or when the privilege of the writ of habeas corpus is suspended.
The President acts by virtue of powers vested by the Constitution, as expressly stated in the decree’s opening.
The decree defines the conditions under which such orders may be issued by the President.

The decree declares that it is desirable to define the conditions under which the President may issue orders of arrest or commitment orders during martial law or during suspension of the writ of habeas corpus.
The decree treats orders of arrest or commitment orders as measures tied to public safety and the need to repel or quell certain threats.

Section 1 authorizes the President to issue orders of arrest or commitment orders during a state of martial law or when the privilege of the writ of habeas corpus is suspended.
The President may issue such orders “as to any person” when, in the President’s judgment, the arrest or detention is required by public safety.
The President may issue such orders when the arrest or detention is also a means to repel or quell an invasion, insurrection or rebellion, or imminent danger thereof.

The decree covers any person subject to arrest or detention under the President’s judgment.
The arrest or detention must be tied to public safety as a governing criterion.
The arrest or detention must function as a means to repel or quell an invasion, insurrection or rebellion, or imminent danger thereof.

Section 2 provides that a person arrested or detained under the decree shall not be released unless release is ordered by the President.
Section 2 also provides that the person shall not be released unless release is ordered by the President’s duly authorized representative.
The release rule in Section 2 applies to every person arrested or detained under Section 1.

Section 3 requires that rules or instructions for implementing the decree’s provisions shall be issued by the President.
Implementation instructions are directed to operationalizing the decree’s authority and conditions during martial law or habeas corpus suspension.

Section 4 provides that the decree takes effect immediately.
The decree’s effective date is therefore concurrent with its issuance upon January 16, 1981, as stated in Section 4.