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

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2
Bill of Rights (ss 7-39)

35 Arrested, detained and accused persons

(1) Everyone who is arrested for allegedly committing an offence has the right-

(d) to be brought before a court as soon as reasonably possible, but not later
than-
(i) 48 hours after the arrest; or
(ii) the end of the first court day after the expiry of the 48 hours, if the
48 hours expire outside ordinary court hours or on a day which is
not an ordinary court day;

(e) at the first court appearance after being arrested, to be charged or to be
informed of the reason for the detention to continue, or to be released; and

(f) to be released from detention if the interests of justice permit, subject to
reasonable conditions.

Chapter 2
Bill of Rights (ss 7-39)

35 Arrested, detained and accused persons

(2) Everyone who is detained, including every sentenced prisoner, has the right-

(d) to challenge the lawfulness of the detention in person before a court and, if
the detention is unlawful, to be released;

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