'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Albania - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 27

1. No one's liberty may be taken away except in the cases and according to the procedures provided by law.

2. The liberty of a person may not be limited, except in the following cases:
a. when he is punished with imprisonment by a competent court;
b. for failure to comply with the lawful orders of the court or with an obligation set by law;
c. when there is a reasonable suspicion that he has committed a criminal offense or to prevent the commission by him of a criminal offense or his escape after its commission;
รง. for the supervision of a minor for purposes of education or for escorting him to a competent organ;
d. when a person is the carrier of a contagious disease, mentally incompetent and dangerous to society; dh. for illegal entry at state borders or in cases of deportation or extradition.

3. No one may be deprived of liberty just because he is not in a state to fulfill a contractual obligation

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 28

2. The person whose liberty has been taken away, according to article 27, paragraph 2, subparagraph c, must be brought within 48 hours before a judge, who shall decide upon his pre-sentence detention or release not later than 48 hours from the moment he receives the documents for review.
3. A person in pre-sentence detention has the right to appeal the judge's decision. He has the right to be tried within a reasonable period of time or to be released on bail pursuant to law.
4. In all other cases, the person whose liberty is taken away extrajudicially may address a judge at any time, who shall decide within 48 hours regarding the legality of this action.
5. Every person whose liberty was taken away pursuant to article 27 has the right to humane treatment and respect for his dignity

PART TWO--FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

CHAPTER II--PERSONAL RIGHTS AND FREEDOMS

Article 33
1. Everyone has the right to be heard before being sentenced.
2. A person who is evading justice may not take advantage of this right

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute