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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER IV: PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

19. Protection of the right to personal liberty

(1) Every person shall have the right to liberty and security of the person. No one shall be subject to arbitrary arrest or detention. No one shall be deprived of his or her liberty except on such grounds and in accordance with such procedures as established by law.

CHAPTER IV: PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

19. Protection of the right to personal liberty

(3) Any person who is arrested or detained -

(a) for the purpose of bringing him or her before a court in execution of the order of a court ; or
(b) upon reasonable suspicion of his or her having committed, or being about to commit, a criminal offence under the laws of The Gambia, and who is not released, shall be brought without undue delay before a court and, in any event, within seventy-two hours.

CHAPTER IV: PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

19. Protection of the right to personal liberty

(4) Where any person is brought before a court in execution of the order of a court in any proceedings or upon suspicion of his or her having committed or being about to commit an offence, he or she shall not thereafter be further held in custody in connection with those proceedings or that offence save upon the order of a court.

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