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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

II. BASIC FREEDOMS AND RIGHTS OF THE INDIVIDUAL AND CITIZEN

1. Civil and political freedoms and rights

Article 12

No person's freedom can be restricted except by a court decision or in cases and procedures
determined by law.

II. BASIC FREEDOMS AND RIGHTS OF THE INDIVIDUAL AND CITIZEN

1. Civil and political freedoms and rights

Article 12

A person has a right to an attorney in police and court procedure. Persons detained shall be brought before a court as soon as possible, within a maximum period of 24 hours from the moment of detention, and the legality of their detention shall there be decided upon without delay.

II. BASIC FREEDOMS AND RIGHTS OF THE INDIVIDUAL AND CITIZEN

1. Civil and political freedoms and rights

Article 13

A person unlawfully detained, apprehended or convicted has a right to legal redress and other rights determined by law.

AMENDMENTS TO THE CONSTITUTION OF THE REPUBLIC OF MACEDONIA

AMENDMENT III

1. Detention until the indictment may last, by a court decision, for a maximum period of 180 days from the day of detention.

After the indictment, detention may be prolonged or determined by a competent court in case and in procedure prescribed by law.

2. This amendment replaces Paragraph 5 of Article 12 of the Constitution.

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