CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

16. Guarantee of Rights

(c) In deciding whether a right of freedom in this Chapter, has been limited in accordance with article (a) and (b), a court must be fully cognisant of and make reference to all the facts, including :

1. the nature and character of the right or freedom ;
2. the purpose and importance of limiting the right or freedom ;
3. the extent and manner of limiting the right or freedom ;
4. the relationship between the limitation of the right or freedom and the importance of the right or freedom ;
5. the extent to which the objective for which the right or freedom has been limited could have been achieved by limiting the right or freedom to a lesser degree ;
6. the extent to which the right or freedom must be limited in order to protect the tenets of Islam, where the right or freedom has been limited pursuant to article (b).

(d) The onus of establishing that the limitation to any extent, of a right or freedom included in this Chapter is within the reasonable limitations prescribed in this Constitution is on the State or the person asserting the limitation of the right or freedom.

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

45. No unlawful arrest or dentention

Everyone has the right not to be arbitrarily detained,arrested or imprisoned except as provided by law enacted by the People’s Majlis in accordance with Article 16 of this Constitution.

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

46. Power of arrest and detention

No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

48. Rights on arrest or detention

Everyone has the right on arrest or detention :

(d) to be brought within twenty four hours before a Judge, who has power to determine the validity of the detention, to release the person with or without conditions, or to order the continued detention of the accused.

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

58. Compensation

Everyone who has been arrested or detained without legal authority or justification has the right to be compensated.

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