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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

PART II
FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES

TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES

Section 30 (Right to personal freedom, security and integrity)

2. No one shall be arrested or detained, except under the terms clearly provided for by applicable law, and the order of arrest or detention should always be presented for consideration by the competent judge within the legal timeframe.

PART II
FUNDAMENTAL RIGHTS, DUTIES, LIBERTIES AND GUARANTEES

TITLE II
PERSONAL RIGHTS, FREEDOMS AND GUARANTEES

Section 33 (Habeas corpus)

1. Everyone who illegally loses his or her freedom has the right to apply for habeas corpus.

2. An application for habeas corpus shall be made by the detainee or by any other person in the exercise of his or her civil rights, in accordance with the law.

3. The court shall rule on the application for habeas corpus within 8 days at a hearing in the presence of both parties.

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