Tuvalu

The Constitution of Tuvalu

Part 2 – Bill of Rights
Division 3 – Protection of the fundamental rights and freedoms
Subdivision A – Protection Generally
17 Personal Liberty
no-one shall be detained except —
(f) with his consent; or
(g) as authorized by law in the cases set out in subsection (2). (2) Subsection (1) (g) applies in the following cases: —
(a) in the case of a person under the age of 18 years - in the reasonable exercise of the authority of a parent, teacher or guardian, or under the order of a court for the purpose of his education, welfare or proper discipline; or
(b) under a warrant or order of a court; or
(c) for the purposes of extradition; or
(d) in order to bring the person before a court to be dealt with in accordance with law; or
(e) in the case of detention of a person on reasonable suspicion of his having committed, or being about to commit, an offence; or
(f) in the case of reasonable temporary detention of a person for the avoidance of actual or apprehended violence, disorder or breach of the peace; or
(g) in the case of reasonable temporary detention of a person so affected by drink or a drug to make detention desirable for his own protection or that of others; or
(h) in the case of detention of a person for quarantine or health purposes; or
(i) in the case of detention of a person under the laws relating to unlawful immigration or to deportation; or
(j) in the case of detention of a person incidental to the arrest or seizure of a vehicle, vessel or aircraft; or
(k) in the case of detention of a person as a prisoner of war or, subject to Division 4 (Public Emergencies), as a civil or military internee in time of war; or
(l) in the case of detention of a person required by and for the purposes of any international or multi-national convention, treaty or arrangement to which Tuvalu is a party and which is approved by Parliament, by resolution, for the purposes of this paragraph; or
(m) in the case of restrictions on liberty or detention of a person permitted by section 26 (freedom of movement) or Division 4 (Public Emergencies).

Keywords

Rights during investigation - arbitrary arrest or detention and deprivation of liberty



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