Somalia

Constitution of Somalia

2.13.1


The death penalty, unusual punishment, demeaning punishment, and physical or psychological torture are not allowed either as punishment or as force to coerce confessions or testimony.


2.13.2


No Individual may be tried, convicted, or punished for actions that were not illegal by law at the time when committed.


2.13.3


Individuals can not be arrested, property can not be seized, and private areas can not be entered by representatives of the Government without either the consent of the Residents involved or a valid Court Order. As the only exception, the Police may arrest individuals, seize property, or enter private areas to interrupt criminal activities that are in progress or when there is reasonable evidence that such immediate action is necessary to protect human life or property.


2.13.4


Individuals who are arrested must be informed of their basic rights under this Constitution and the Laws implementing the Constitution before they may be interrogated.


2.13.5


Individuals have the right to have a lawyer of their choice present during all interrogation. If this right is denied to Individuals, any evidence acquired from such interrogation will be invalid for use in later legal proceedings against the given Individual, other Individuals, or organizations.


2.13.6


Individuals have the right to have a lawyer represent them at all legal proceedings against them. If they can not afford the costs of legal representation in the case of criminal proceedings, the Government must provide such legal representation for them, at the expense of the Government.


2.13.7


Arrested Individuals must be charged with a specific offense before a Judge of a Court within 72 hours of their arrest. They must be given opportunities for release until trial, by submitting a reasonable bail whenever the risk of flight is reasonable. Charged Individuals must be brought to trial within a reasonable period of time. Charged Individuals have the right to confront witnesses against them and to obtain compulsory testimony of witnesses potentially favorable to their positions.

Keywords

Fair trial standards



EDIT.