Guarantees for the Protection of Rights and Freedoms |
Guarantees for the Protection of Rights and Freedoms |
Chapter 4: Guarantees for the protection of rights andfreedoms |
Article 74: The rule of law |
| The rule of law is the basis for governance in the state.
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| The independence of the judiciary and the immunity of judges are two basicguarantees to safeguard rights and freedoms.
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Article 75: Right to litigate |
| The right to litigation is inalienable and guaranteed for all.
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| The state commits to making judicial institutions accessible and to encouraging arapid decision making process.
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| It is prohibited to isolate any act or administrative decision from judicial oversight.
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| No person can be tried except before his natural judge. Exceptional courts areprohibited.
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Article 76: Punishment |
| Penalty is personalized. There can be no crime or penalty except by virtue of theConstitution or the law. No penalty can be inflicted except by virtue of a courtdecision. Penalties are inflicted only for acts committed after the promulgation ofthe relevant law. |
Article 77: Due process |
| Except for situations set out by law, criminal prosecutions must be based on an orderfrom the relevant judicial body.
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| A defendant is innocent until proven guilty in a legal and fair trial, and in which he isgranted the right of defense. Every person accused of a felony must have a lawyer todefend him. The law determines the minor offenses for which a defense lawyer isalso required.
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| The law organizes the process of appealing decisions relating to felonies andoffenses.
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| The state provides protection for victims of crime, witnesses, defendants andinformants where necessary.
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Article 78: Right to defense |
| The right of defense in person or by proxy is guaranteed.
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| The law guarantees for indigents the means to resort to the courts and to defendtheir rights before the courts.
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Article 79: Preventing or delaying the implementation ofcourt decisions |
| Court decisions are issued and enforced in the name of the people. It is a crimepunishable by law for the relevant civil servant to prevent or delay theimplementation of a court decision. In such a situation, a person who has a sentenceissued in his favor has the right to lodge a direct criminal action before the relevant court.
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Article 80: The absence of state of limitations |
| Any violation of any of the rights and freedoms guaranteed by the Constitution is acrime for which there is no statute of limitation. The state guarantees faircompensation to the victim of such encroachment.
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| The injured party has the right to lodge a direct criminal action.
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| The National Council for Human Rights informs the Public Prosecution of anyviolation of these rights, may join the injured party in a civil action, and may appealon his behalf.
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Article 81: Limitations clause |
| The rights and freedoms inherent in the citizen’s person cannot be suspended ordetracted from. |
| No law may regulate the exercise of these rights or freedoms in a way thatconstrains their origin and essence.
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| Rights and freedoms are to be exercised in a way that is consistent with thecomponents that are set out in the Chapter on the state and Society in thisConstitution.
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| Preamble |
| State and Society |
| Political Principles |
| Social and Ethical Principles |
| Economic Principles |
| Rights and Freedoms |
| Personal Rights |
| Moral and Political Rights |
| Economic and Social Rights |
| Guarantees for the Protection of Rights and Freedoms |
| Public Authorities |
| Legislative Authority |
| Common provisions |
| Council of Representatives |
| Shura Council |
| Executive Authority |
| President |
| Cabinet |
| Judicial Authority |
| General Provisions |
| Judiciary and Public Prosecution |
| State Council |
| Supreme Constitutional Court |
| Judicial Bodies |
| The legal profession |
| The experts |
| Local Administration |
| Local Administrative Division of the State |
| Local Councils |
| National Security and Defense |
| National Security Council |
| Armed Forces |
| National Defense Council |
| Military Judiciary |
| Police |
| Independent Bodies and Regulatory Agencies |
| Regulatory Agencies |
| National Anti Corruption Commission |
| Central Auditing Organization |
| Central Bank |
| Economic and Social Council |
| National Electoral Commission |
| Independent bodies |
| Supreme Authority for Endowment Affairs |
| Supreme Authority for Heritage Conservation |
| National Council for Education and Scientific Research |
| Independent Press and Media Organizations |
| Final And Transitional Provisions |
| Amendments to the Constitution |
| Transitional Provisions |