'Rights during investigation - arbitrary arrest or detention and deprivation of liberty' in document 'Afghanistan - Interim Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 1
General Provisions

Article 4
Presumption of Innocence

From the moment of the introduction of the penal action until when the criminal responsibility has been assessed by a final decision the person is presumed innocent. Therefore decisions involving deprivations ; or limitations of human rights must be strictly confined to the need of collecting evidence and establishing the truth.

Chapter 5
Duties and Jurisdiction of Judicial Police

Article 31
Judicial Police's Interrogation

The judicial police, after having identified the person arrested on their own initiative, inform him of the reasons of the arrest and interrogate the same about the crime and its circumstances within a maximum of twenty-four hours.

Immediately after a report shall be sent to the Primary Saranwal and the person shall be put at his disposal.

Chapter 8
The Trial

Article 53
Conduct of the Hearing

When the accused is under detention the Court shall immediately assess the legality of the arrest and order the liberation of the accused when realizes that the arrest was unlawful or not necessary ;

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