Title II
Rights

CHAPTER SIX
Rights to freedom

Article 66. The following rights of persons are recognized and guaranteed :

3. The right to personal well-being, which includes :

c) Prohibition of torture, forced disappearance and cruel, inhuman or degrading treatments and punishments.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 75.

Every person has the right to free access to justice and the effective, impartial and expeditious protection of their rights and interests, subject to the principles of immediate and swift enforcement ; in no case shall there be lack of proper defense. Failure to abide by legal rulings shall be punishable by law.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 76. In all processes where rights and obligations of any kind are set forth, the right to due process of law shall be ensured, including the following basic guarantees :

1. All administrative or judiciary authorities are responsible for guaranteeing enforcement of the standards and rights of the parties.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 76. In all processes where rights and obligations of any kind are set forth, the right to due process of law shall be ensured, including the following basic guarantees :

2. All persons shall be presumed innocent, and shall be dealt with as such, until their guilt is stated by means of a final ruling or judgment of conviction.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 76. In all processes where rights and obligations of any kind are set forth, the right to due process of law shall be ensured, including the following basic guarantees :

7. The right of persons to defense shall include the following guarantees :

a) No one shall be deprived of the right to defense at any stage or level of the proceedings.
b) To have the time and means to prepare for one’s defense.
c) To be listened to at the right time and with equal conditions.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 76. In all processes where rights and obligations of any kind are set forth, the right to due process of law shall be ensured, including the following basic guarantees :

7. The right of persons to defense shall include the following guarantees :

e) No one can be questioned, not even for purposes of inquiry, by the Office of the Attorney-General, by a police force authority or any other authority, without the presence of a private attorney or a court appointed defense attorney, or outside the premises authorized for this purpose.
f) To be helped free of charge by a translator or interpreter if the person does not understand or speak the language in which the proceedings are being conducted.
g) In court procedures, to be helped by an attorney of the person’s choice or by a court appointed defense attorney ; access to or free and confidential communication with the person’s defense attorney cannot be restricted.
h) To submit verbally or in writing the reasons or arguments of those who are being assisted and to respond to the arguments of the other parties ; to submit evidence and challenge the evidence that is submitted against them.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 76. In all processes where rights and obligations of any kind are set forth, the right to due process of law shall be ensured, including the following basic guarantees :

7. The right of persons to defense shall include the following guarantees :

k) To be judged by an independent, impartial and competent judge. No one shall be judged by special courts or by special commissions created for the purpose.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 77. In any criminal proceedings where a person has been arrested and detained, the following basic guarantees shall be observed :

1. Detention shall be applied exceptionally when necessary to guarantee appearance in court or to ensure compliance with the sentence ; it shall take place by written warrant of the competent judge in those cases according to the time-limits and formal procedures provided for by law. Felonies shall be exceptions, in which case the person cannot be held for more than twenty-four hours without call for a trial. The judge can always order precautionary measures other than preventive arrest and detention.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 77. In any criminal proceedings where a person has been arrested and detained, the following basic guarantees shall be observed :

3. All persons, at any moment of detention, shall have the right to know, clearly and in simple language, the reason for their arrest and detention, the identity of the judge or authority ordering the detention, the identity of those who enforced the order and that of the persons responsible for the respective questioning.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 77. In any criminal proceedings where a person has been arrested and detained, the following basic guarantees shall be observed :

4. At the time of detention, the agent shall inform the arrested person of his/her right to remain silent, to request the assistance of an attorney or court-appointed defense attorney in the event he/she is unable to designate one by himself/herself, and to communicate with a relative or any other persons indicated by him/her.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 77. In any criminal proceedings where a person has been arrested and detained, the following basic guarantees shall be observed :

7. The right of all persons to defense includes :

a) To be informed, previously and in detail, in their own language and in simple words, about the claims and proceedings being filed against them and about the identity of the authority responsible for the claim or proceedings being filed.
b) The right to remain silent.
c) No one can be forced to make statements incriminating oneself with regard to matters that could lead to their criminal liability.

8. No one can be required to make a statement in a criminal trial against one’s spouse, life partner or relatives up to the fourth degree of consanguinity or second degree of affinity, except in cases of domestic, sexual and gender violence. The voluntary statements made by the victims of a crime or by the relatives of these victims, regardless of the degree of kinship, shall be admissible. These persons can file and pursue the corresponding criminal proceedings.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 77. In any criminal proceedings where a person has been arrested and detained, the following basic guarantees shall be observed :

9. Under the responsibility of the judge hearing the proceedings, pre-trial arrest and detention cannot extend for more than six month in those cases of crimes punishable by imprisonment or for more than one year in those crimes punishable by long-term incarceration. If these time-limits are surpassed, the warrant for pre-trial arrest and detention shall be null and void.

TITLE III
CONSTITUTIONAL GUARANTEES

CHAPTER THREE
Jurisdictional guarantees

SECTION THREE
Habeas corpus proceedings

Article 89.

Habeas corpus proceedings are aimed at restoring the freedom of those who are being held illegally, arbitrarily or illegitimately by order of a public authority or any other persons, as well as to protect the life and bodily safety of persons in prison.

Immediately after the proceedings are filed, the judge shall convene a hearing, which must be held within the following twenty-fours, where the warrant of arrest and imprisonment with the legal formalities and the justifications of fact and law that substantiate the measure must be presented. The judge shall order the appearance of the imprisoned person, the authority in whose charge the imprisoned person has been committed, the court-appointed defense attorney and the person who had ordered or caused the imprisonment, depending on the case. If necessary, the hearing shall be held in the place of detention.

The judge shall rule within twenty-four hours after completion of the hearing. In the event of illegitimate or arbitrary detention, release from prison shall be ordered. The ruling ordering release from prison shall be complied with immediately.

If any kind of torture, inhumane, cruel or degrading treatment is confirmed, the order to release the victim, provide integral and specialized care, and provide measures that are alternative to imprisonment when applicable shall be issued.

When the order for imprisonment has been issued in criminal proceedings, the appeal shall be made with the Provincial Court of Justice.

Article 90.

When the place of incarceration is unknown and there are indications of interference by some public official or another agent of the State or persons who are acting on the basis of the latter’s authorization, support or acquiescence, the judge must call the top representatives of the National Police Force and the competent Minister to a hearing. After listening to them, the measures needed to locate the person and those responsible for his/her imprisonment shall be adopted.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(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.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.