Individual Liberty

Individual Liberty

Individual Liberty

Individual Liberty

- Constitution of Haiti

Individual Liberty

Section B
Individual Liberty
Article 24:

Individual liberty is guaranteed and protected by the State.

Article 24-1:

No one may be prosecuted, arrested or detained except in the cases determined by law and in the manner it prescribes.

Article 24-2:

Except where the perpetrator of a crime is caught in the act, no one may be arrested or detained other than by written order of a legally competent official.

Article 24-3:

For such an order to be carried out, the following requirements must be met:

a. It must formally state the reason in Creole and in French for the arrest or detention and the provision of the law that provides for punishment of the act charged.

b. Legal notice must be given and a copy of the order must be left with the accused at the time of its execution;

c. The accursed must be notified of his right to be assisted by counsel at all phases of the investigation of the case up to the final judgment;

d. Except where the perpetrator of a crime is caught in the act, no arrest by warrant and no search may take place between six (6) p.m. and six (6) a.m.

e. Responsibility for an offense is personal, and no one may be arrested in the place of another.

Article 25:

Any unnecessary force or restraint in the apprehension of a person or in keeping him under arrest, or any psychological pressure or physical brutality, especially during interrogation, is forbidden.

Article 25-1:

No one may be interrogated without his attorney or a witness of his choice being present.

Article 26:

No one may be kept under arrest more than forty-eight (48) hours unless he has appeared before a judge asked to rule on the legality of the arrest and the judge has confirmed the arrest by a well-founded decision;

Article 26-1:

In the case of a petty violation, the accursed shall be referred to a justice of the peace, who shall then hand down a final decision.

In the case for more serious offenses or crimes, an appeal may be filed, without prior permission, simply by addressing a petition to the presiding judge of the competent civil court, who, on the basis of the oral statement of the prosecutor, shall rule on the legality of the arrest and detention, in a special session of the court, without postponement or rotation of judges, all other cases being suspended.

Article 26-2:

If the arrest is judged to be illegal, the judge shall order the immediate release of the arrested person and that order shall be enforceable immediately, regardless of any appeal to a higher court or the supreme court for an order forbidding enforcement of the judgment.

Article 27:

Any violation of the provisions on individual liberty are arbitrary acts. Injured parties may, without prior authorization, appeal to the competent courts, to bring suit against the authors and perpetrators of these arbitrary acts, regardless of their rank or the body to which they belong.

Article 27-1:

Government officials and employees are directly liable under civil and administrative criminal law for acts carried out in violation of rights. In such cases, civil liability extends to the State as well.

Constitution of Haiti

Republic of Haiti
Territory
Haitian Nationality
Nature of the Citizenship
Basic Rights
Right to life and Health
Individual Liberty
Freedom of Expression
Freedom of Conscience
Freedom of assembly and Association
Education and Teaching
Freedom to Work
Property
Right to Information
Right to Security
Duties of the Citizen
Aliens
National Sovereignty
Territorial Divisions And Decentralization
Communal Sections
Communes
Arrondissements
Departments
Delegates and Vice Presidents
Interdepartamental Council
Legislative Branch
House of Deputies
Senate
National Assembly
Exercise of Legislative Power
Incompatibilities
Executive Branch
President of the Republic
Duties of the President of the Republic
Government
Powers of The Prime Minister
Ministers and Secretaries of State
Judiciary
High Court of Justice
Independent Institutions
Permanent Electoral Council
Superior Court of Auditors
Conciliation Comission
Protection of Citizens
University Academy Culture
Public Finance
Civil Service
Economics and Agriculture
Environment
Family
Armed Forces and the Police Force
Armed Forces
Police Forces
General Provisions
Amendments to the Constitution
Temporary Provisions
Final Provisions
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