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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 3
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article 11
Arrest and Detention

(1) No persons shall be subject to arbitrary arrest or detention.

CHAPTER 3
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article 11
Arrest and Detention

(3) All persons who are arrested and detained in custody shall be brought before the nearest Magistrate or other judicial officer within a period of forty-eight (48) hours of their arrest or, if this is not reasonably possible, as soon as possible thereafter, and no such persons shall be detained in custody beyond such period without the authority of a Magistrate or other judicial officer.

CHAPTER 3
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article 12
Fair Trial

(1) (a) In the determination of their civil rights and obligations or any criminal charges against them, all persons shall be entitled to a fair and public hearing by an independent, impartial and competent Court or Tribunal established by law : provided that such Court or Tribunal may exclude the press and/or the public from all or any part of the trial for reasons of morals, the public order or national security, as is necessary in a democratic society.

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