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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

COOK ISLANDS – CONSTITUTION

PART IVA - FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Construction of law

65 (1) Subject to subclause (2) of this Article and to subclause (2) of Article 64 hereof, every enactment shall be so construed and applied as not to abrogate, abridge, or infringe or to authorise the abrogation, abridgement, or infringement of any of the rights or freedoms recognised and declared by subclause (1) of Article 64 hereof, and in particular no enactment shall be construed or applied so as to-

(c) Deprive any person who is arrested or detained-

(ii) Of the right, wherever practicable to retain and instruct a barrister or solicitor without delay;

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