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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER IV
HUMAN RIGHTS

19. Human dignity and personal freedoms

(6) Subject to this Constitution, every person shall have the right to freedom and security of person, which shall include the right not to be —

(a) detained without trial ;
(b) detained solely by reason of his or her political or other opinions ; or
(c) imprisoned for inability to fulfill contractual obligations.

CHAPTER IV
HUMAN RIGHTS

42. Arrest, detention and fair trial

(1) Every person who is detained, including every sentenced prisoner, shall have the
right —

(e) to challenge the lawfulness of his or her detention in person or through a legal practitioner before a court of law ; and
(f) to be released if such detention is unlawful.

CHAPTER IV
HUMAN RIGHTS

42. Arrest, detention and fair trial

(2) Every person arrested for, or accused of, the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right —

(b) as soon as it is reasonably possible, but not later than 48 hours after the arrest, or if the period of 48 hours expires outside ordinary court hours or on a day which is not a court day, the first court day after such expiry, to be brought before an independent and impartial court of law and to be charged or to be informed of the reason for his or her further detention, failing which he or she shall be released ;

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