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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2 – Bill of Rights
Division 3 – Protection of the fundamental rights and freedoms
Subdivision A – Protection Generally
17 Personal Liberty
no-one shall be detained except —
(f) with his consent; or
(g) as authorized by law in the cases set out in subsection (2). (2) Subsection (1) (g) applies in the following cases: —
(a) in the case of a person under the age of 18 years - in the reasonable exercise of the authority of a parent, teacher or guardian, or under the order of a court for the purpose of his education, welfare or proper discipline; or
(b) under a warrant or order of a court; or
(c) for the purposes of extradition; or
(d) in order to bring the person before a court to be dealt with in accordance with law; or
(e) in the case of detention of a person on reasonable suspicion of his having committed, or being about to commit, an offence; or
(f) in the case of reasonable temporary detention of a person for the avoidance of actual or apprehended violence, disorder or breach of the peace; or
(g) in the case of reasonable temporary detention of a person so affected by drink or a drug to make detention desirable for his own protection or that of others; or
(h) in the case of detention of a person for quarantine or health purposes; or
(i) in the case of detention of a person under the laws relating to unlawful immigration or to deportation; or
(j) in the case of detention of a person incidental to the arrest or seizure of a vehicle, vessel or aircraft; or
(k) in the case of detention of a person as a prisoner of war or, subject to Division 4 (Public Emergencies), as a civil or military internee in time of war; or
(l) in the case of detention of a person required by and for the purposes of any international or multi-national convention, treaty or arrangement to which Tuvalu is a party and which is approved by Parliament, by resolution, for the purposes of this paragraph; or
(m) in the case of restrictions on liberty or detention of a person permitted by section 26 (freedom of movement) or Division 4 (Public Emergencies).

Part 2 – Bill of Rights
Division 3 – Protection of the fundamental rights and freedoms
Subdivision A – Protection Generally
17 Personal Liberty
(4) A person who is detained —
(a) for the purpose of bringing him before a court; or
(b) on reasonable suspicion of having committed, or being about to commit, an offence; or
(c) for temporary purposes, in accordance with subsection (2)(f) or (g), and who is not released, shall be brought without undue delay before a court, and unless the court, in accordance with law, orders his continued detention it shall order his release.

PART II

BILL OF RIGHTS

DIVISION 3 - PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS

Subdivision A - Protection Generally

17 Personal liberty

(1)

no-one shall be detained except —

(f) with his consent; or

(g) as authorized by law in the cases set out in subsection (2). (2) Subsection (1) (g) applies in the following cases: —

(a) in the case of a person under the age of 18 years - in the reasonable exercise of the authority of a parent, teacher or guardian, or under the order of a court for the purpose of his education, welfare or proper discipline; or
(b) under a warrant or order of a court; or
(c) for the purposes of extradition; or
(d) in order to bring the person before a court to be dealt with in accordance with law; or
(e) in the case of detention of a person on reasonable suspicion of his having committed, or being about to commit, an offence; or
(f) in the case of reasonable temporary detention of a person for the avoidance of actual or apprehended violence, disorder or breach of the peace; or
(g) in the case of reasonable temporary detention of a person so affected by drink or a drug to make detention desirable for his own protection or that of others; or
(h) in the case of detention of a person for quarantine or health purposes; or
(i) in the case of detention of a person under the laws relating to unlawful immigration or to deportation; or
(j) in the case of detention of a person incidental to the arrest or seizure of a vehicle, vessel or aircraft; or
(k) in the case of detention of a person as a prisoner of war or, subject to Division 4 (Public Emergencies), as a civil or military internee in time of war; or
(l) in the case of detention of a person required by and for the purposes of any international or multi-national convention, treaty or arrangement to which Tuvalu is a party and which is approved by Parliament, by resolution, for the purposes of this paragraph; or
(m) in the case of restrictions on liberty or detention of a person permitted by section 26 (freedom of movement) or Division 4 (Public Emergencies).

PART II

BILL OF RIGHTS

DIVISION 3 - PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS

Subdivision A - Protection Generally

17 Personal liberty

(4) A person who is detained —

(a) for the purpose of bringing him before a court; or
(b) on reasonable suspicion of having committed, or being about to commit, an offence; or
(c) for temporary purposes, in accordance with subsection (2)(f) or (g), and who is not released, shall be brought without undue delay before a court, and unless the court, in accordance with law, orders his continued detention it shall order his release.

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