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.
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