ARAB CHARTER ON HUMAN RIGHTS Article 4 (a) No restrictions shall be placed on the rights and freedoms recognized in the present Charter except where such is provided by law and deemed necessary to protect the national security and economy, public order, health or morals or the rights and freedoms of others. (b) In time of public emergency which threatens the life of the nation, the States Parties may take measures derogating from their obligations under the present Charter to the extent strictly required by the exigencies of the situation. (c) Such measures or derogations shall under no circumstances affect or apply to the rights and special guarantees concerning the prohibition of torture and degrading treatment, return to one's country, political asylum, trial, the inadmissibility of retrial for the same act, and the legal status of crime and punishment. Article 5 Every individual has the right to life, liberty and security of person. These rights shall be protected by law. Article 6 There shall be no crime or punishment except as provided by law and there shall be no punishment in respect of an act preceding the promulgation of that provision. The accused shall benefit from subsequent legislation if it is in his favour. Article 7 The accused shall be presumed innocent until proved guilty at a lawful trial in which he has enjoyed the guarantees necessary for his defence. Article 8 Everyone has the right to liberty and security of person and no one shall be arrested, held in custody or detained without a legal warrant and without being brought promptly before a judge. Article 9 All persons are equal before the law and everyone within the territory of the State has a guaranteed right to legal remedy. Article 10 The death penalty may be imposed only for the most serious crimes and anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Article 11 The death penalty shall under no circumstances be imposed for a political offence. Article 12 The death penalty shall not be inflicted on a person under 18 years of age, on a pregnant woman prior to her delivery or on a nursing mother within two years from the date on which she gave birth. Article 13 (a) The States parties shall protect every person in their territory from being subjected to physical or mental torture or cruel, inhuman or degrading treatment. They shall take effective measures to prevent such acts and shall regard the practice thereof, or participation therein, as a punishable offence. (b) No medical or scientific experimentation shall be carried out on any person without his free consent. Article 14 No one shall be imprisoned on the ground of his proven inability to meet a debt or fulfil any civil obligation. Article 15 Persons sentenced to a penalty of deprivation of liberty shall be treated with humanity. Article 16 No one shall be tried twice for the same offence. Anyone against whom such proceedings are brought shall have the right to challenge their legality and to demand his release. Anyone who is the victim of unlawful arrest or detention shall be entitled to compensation. 2

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