Iccpr Article 8

1. No one shall be held in slavery; slavery and the slave-trade in all their forms shall be
prohibited.
2. No one shall be held in servitude.
3.
(a) No one shall be required to perform forced or compulsory labour;
(b) Pararaph 3 (a) shall not be held to preclude! in countries "here imprisonment "ith
hard labour may be imposed as a punishment for a crime! the performance of hard labour
in pursuance of a sentence to such punishment by a competent court;
(c) #or the purpose of this pararaph the term $forced or compulsory labour$ shall not
include%
(i) &ny "or' or service! not referred to in subpararaph (b)! normally required of a
person "ho is under detention in consequence of a la"ful order of a court! or of a person
durin conditional release from such detention;
(ii) &ny service of a military character and! in countries "here conscientious ob(ection is
reconi)ed! any national service required by la" of conscientious ob(ectors;
(iii) &ny service e*acted in cases of emerency or calamity threatenin the life or "ell-
bein of the community;
(iv) &ny "or' or service "hich forms part of normal civil obliations.
+onstitution &rticle 1, (2)
(2) No involuntary servitude in any form shall e*ist e*cept as a punishment for a
crime "hereof the party shall have been duly convicted.
Article 17
1. No one shall be sub(ected to arbitrary or unla"ful interference "ith his privacy!
family! home or correspondence! nor to unla"ful attac's on his honour and reputation.
2. -veryone has the riht to the protection of the la" aainst such interference or attac's.
+.N/010201.N /ection 2. 0he riht of the people to be secure in their persons!
houses! papers! and effects aainst unreasonable searches and sei)ures of "hatever
nature and for any purpose shall be inviolable! and no search "arrant or "arrant of arrest
shall issue e*cept upon probable cause to be determined personally by the (ude after
e*amination under oath or affirmation of the complainant and the "itnesses he may
produce! and particularly describin the place to be searched and the persons or thins to
be sei)ed.
/ection 3. (1) 0he privacy of communication and correspondence shall be inviolable
e*cept upon la"ful order of the court! or "hen public safety or order requires other"ise!
as prescribed by la".
(2) &ny evidence obtained in violation of this or the precedin section shall be
inadmissible for any purpose in any proceedin.
Rules of court rule 126 Section 3. Personal property to be seized. A search
warrant may be issue for the search an sei!ure of personal property"
(a) /ub(ect of the offense;
(b) /tolen or embe))led and other proceeds! or fruits of the offense; or
(c) 2sed or intended to be used as the means of committin an offense. (2
Section 13. Search incident to lawful arrest. 3 & person la"fully arrested may be
searched for danerous "eapons or anythin "hich may have been used or constitute
proof in the commission of an offense "ithout a search "arran
I##$Rrticle %
1. -veryone has the riht to liberty and security of person. No one shall be sub(ected to
arbitrary arrest or detention. No one shall be deprived of his liberty e*cept on such
rounds and in accordance "ith such procedure as are established by la".
2. &nyone "ho is arrested shall be informed! at the time of arrest! of the reasons for his
arrest and shall be promptly informed of any chares aainst him.
3. &nyone arrested or detained on a criminal chare shall be brouht promptly before a
(ude or other officer authori)ed by la" to e*ercise (udicial po"er and shall be entitled
to trial "ithin a reasonable time or to release. 1t shall not be the eneral rule that persons
a"aitin trial shall be detained in custody! but release may be sub(ect to uarantees to
appear for trial! at any other stae of the (udicial proceedins! and! should occasion arise!
for e*ecution of the (udement.
4. &nyone "ho is deprived of his liberty by arrest or detention shall be entitled to ta'e
proceedins before a court! in order that that court may decide "ithout delay on the
la"fulness of his detention and order his release if the detention is not la"ful.
5. &nyone "ho has been the victim of unla"ful arrest or detention shall have an
enforceable riht to compensation.
I##$RArticle 1&
1. &ll persons shall be equal before the courts and tribunals. 1n the determination of any
criminal chare aainst him! or of his rihts and obliations in a suit at la"! everyone
shall be entitled to a fair and public hearin by a competent! independent and impartial
tribunal established by la". 0he press and the public may be e*cluded from all or part of
a trial for reasons of morals! public order (ordre public) or national security in a
democratic society! or "hen the interest of the private lives of the parties so requires! or
to the e*tent strictly necessary in the opinion of the court in special circumstances "here
publicity "ould pre(udice the interests of (ustice; but any (udement rendered in a
criminal case or in a suit at la" shall be made public e*cept "here the interest of
(uvenile persons other"ise requires or the proceedins concern matrimonial disputes or
the uardianship of children.
2. -veryone chared "ith a criminal offence shall have the riht to be presumed innocent
until proved uilty accordin to la".
3. 1n the determination of any criminal chare aainst him! everyone shall be entitled to
the follo"in minimum uarantees! in full equality% (a) 0o be informed promptly and in
detail in a lanuae "hich he understands of the nature and cause of the chare aainst
him;
(b) 0o have adequate time and facilities for the preparation of his defence and to
communicate "ith counsel of his o"n choosin;
(c) 0o be tried "ithout undue delay;
(d) 0o be tried in his presence! and to defend himself in person or throuh leal
assistance of his o"n choosin; to be informed! if he does not have leal assistance! of
this riht; and to have leal assistance assined to him! in any case "here the interests of
(ustice so require! and "ithout payment by him in any such case if he does not have
sufficient means to pay for it;
(e) 0o e*amine! or have e*amined! the "itnesses aainst him and to obtain the
attendance and e*amination of "itnesses on his behalf under the same conditions as
"itnesses aainst him;
(f) 0o have the free assistance of an interpreter if he cannot understand or spea' the
lanuae used in court;
() Not to be compelled to testify aainst himself or to confess uilt.
4. 1n the case of (uvenile persons! the procedure shall be such as "ill ta'e account of
their ae and the desirability of promotin their rehabilitation.
5. -veryone convicted of a crime shall have the riht to his conviction and sentence
bein revie"ed by a hiher tribunal accordin to la".
6. 7hen a person has by a final decision been convicted of a criminal offence and "hen
subsequently his conviction has been reversed or he has been pardoned on the round
that a ne" or ne"ly discovered fact sho"s conclusively that there has been a miscarriae
of (ustice! the person "ho has suffered punishment as a result of such conviction shall be
compensated accordin to la"! unless it is proved that the non-disclosure of the un'no"n
fact in time is "holly or partly attributable to him.
8. No one shall be liable to be tried or punished aain for an offence for "hich he has
already been finally convicted or acquitted in accordance "ith the la" and penal
procedure of each country.
I##$RArticle 1'
1 . No one shall be held uilty of any criminal offence on account of any act or omission
"hich did not constitute a criminal offence! under national or international la"! at the
time "hen it "as committed. Nor shall a heavier penalty be imposed than the one that
"as applicable at the time "hen the criminal offence "as committed. 1f! subsequent to
the commission of the offence! provision is made by la" for the imposition of the lihter
penalty! the offender shall benefit thereby.
2. Nothin in this article shall pre(udice the trial and punishment of any person for
any act or omission "hich! at the time "hen it "as committed! "as criminal
accordin to the eneral principles of la" reconi)ed by the community of
nations.
+.N/010201.N
/ection 14. (1) No person shall be held to ans"er for a criminal offense "ithout due
process of la".
(2) 1n all criminal prosecutions! the accused shall be presumed innocent until the
contrary is proved! and shall en(oy the riht to be heard by himself and counsel! to be
informed of the nature and cause of the accusation aainst him! to have a speedy!
impartial! and public trial! to meet the "itnesses face to face! and to have compulsory
process to secure the attendance of "itnesses and the production of evidence in his
behalf. 9o"ever! after arrainment! trial may proceed not"ithstandin the absence of the
accused provided that he has been duly notified and his failure to appear is un(ustifiable.
/ection 15. 0he privilee of the "rit of habeas corpus shall not be suspended e*cept in
cases of invasion or rebellion "hen the public safety requires it.
/ection 16. &ll persons shall have the riht to a speedy disposition of their cases before
all (udicial! quasi-(udicial! or administrative bodies.
/ection 18. No person shall be compelled to be a "itness aainst himself
Section 1. Bail defined. 3 :ail is the security iven for the release of a person in
custody of the la"! furnished by him or a bondsman! to uarantee his appearance before
any court as required under the conditions hereinafter specified. :ail may be iven in the
form of corporate surety! property bond! cash deposit! or reconi)ance. (1a)