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1.3 Judicial rights


23. Every person has a right to a full and equal, public and fair hearing by an independent and impartial tribunal, for the determination of his rights and obligations or of the merits of any charge brought against him. The tribunal may decide to sit in camera, however, in the interest of morality or public order.

24. No one may be deprived of his liberty or of his rights except on grounds provided by law and in accordance with prescribed procedure.

24.1 No one may be subjected to unreasonable search or seizure.

25. Every person arrested or detained must be treated with humanity and with the respect due to the human person.

26. Every person confined to a house of detention has the right to separate treatment appropriate to his sex, his age and his physical or mental condition.

27. Every person confined to a house of detention while awaiting the outcome of his trial has the right to be kept apart, until final judgment, from prisoners serving sentence.

28. Every person arrested or detained has a right to be promptly informed, in a language he understands, of the grounds of his arrest or detention.

28.1 Every accused person has a right to be promptly informed of the specific offence with
which he is charged.

29. Every person arrested or detained has a right to immediately advise his next of kin thereof and to have recourse to the assistance of an advocate. He has a right to be informed promptly of those rights.

30. Every person arrested or detained must be brought promptly before the competent tribunal or released.

31. No person arrested or detained may be deprived without just cause of the right to be
released on undertaking, with or without deposit or surety, to appear before the tribunal at the appointed time.

32. Every person deprived of his liberty has a right of recourse to habeas corpus.

32.1 Every accused person has a right to be tried within a reasonable time.

33. Every accused person is presumed innocent until proven guilty according to law.

33.1 No accused person may be compelled to testify against himself at his trial.

34. Every person has a right to be represented by an advocate or to be assisted by one before any tribunal.

35. Every accused person has a right to a full and complete defence and has the right to examine and cross-examine witnesses.

36. Every accused person has a right to be assisted free of charge by an interpreter if he does not understand the language used at the hearing or if he is deaf.

37. No accused person may be held guilty on account of any act or omission, which at the time when it was committed did not constitute a violation of the law.

37.1 No person may be tried again for an offence of which he has been acquitted or of which he has been found guilty by a judgment that has acquired status as res judicata.

37.2 Where the punishment for an offence has been varied between the time of Commission and the time of sentencing, the accused person has a right to the lesser punishment.

38. No testimony before a tribunal may be used to incriminate the person who gives it, except in a prosecution for perjury or for the giving of contradictory evidence.