COOK ISLANDS – CONSTITUTION
PART IVA - FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Construction of law
65 (1) Subject to subclause (2) of this Article and to subclause (2) of Article 64 hereof, every enactment shall be so construed and applied as not to abrogate, abridge, or infringe or to authorise the abrogation, abridgement, or infringement of any of the rights or freedoms recognised and declared by subclause (1) of Article 64 hereof, and in particular no enactment shall be construed or applied so as to-
(a) Authorise or effect the arbitrary detention, imprisonment, or exile of any person; or
(b) Impose or authorise the imposition on any person of cruel and unusual treatment or punishment; or
(c) Deprive any person who is arrested or detained-
(i) Of the right to be informed promptly of the act or omission for which he is arrested or detained, unless it is impracticable to do so or unless the reason for the arrest or detention is obvious in the circumstances; or
(ii) Of the right, wherever practicable to retain and instruct a barrister or solicitor without delay; or
(iii) Of the right to apply, by himself or by any other person on his behalf, for a writ of habeas corpus for the determination of the validity of his detention, and to be released if his detention is not lawful; or
(d) Deprive any person of the right to a fair hearing, in accordance with the principles of fundamental justice, for the determination of his rights and obligations before any tribunal or authority having a duty to act judicially; or
(e) Deprive any person charged with an offence of the right to be presumed innocent until he is proved guilty according to law in a fair and public hearing by an independent and impartial tribunal; or
(f) Deprive any person charged with an offence of the right to reasonable bail, except for just cause; or
(g) Authorise the conviction of any person of any offence except for the breach of a law in force at the time of the act or omission; or
(h) Authorise the imposition on any person convicted of any offence of a penalty heavier than that which might have been imposed under the law in force at the time of the commission of the offence.
EDIT.