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 :

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 :

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:
(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