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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 63
(Rights of those detained and imprisoned)

Any person deprived of their liberty must be informed at the time of their imprisonment or detention of the respective reasons and their rights, namely :

h) To be brought before an appropriate magistrate for confirmation or otherwise of their imprisonment and to be tried within the legally established limit of time or released ;

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 67
(Guarantees in criminal proceedings)

1. No-one may be detained, imprisoned or brought to trial unless under the terms of the law, and all defendants or prisoners shall be guaranteed the right to a defence, appeal and legal counsel.

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 68
(Habeas corpus)

1. Everyone shall have the right to apply for a writ of habeas corpus against the misuse of power in the form of illegal imprisonment or detention, to be lodged with the appropriate court.

2. Application for a writ of habeas corpus may be made by the individual concerned or any individual exercising their political rights.

3. The process of habeas corpus shall be regulated by law.

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 72
(Right to a fair and appropriate trial)

It shall be recognised that every citizen has the right to a fair and swift trial in accordance with the law.

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