Section 54p. 54

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

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) Paragraph 3 (a) shall not be held to preclude, in

countries where imprisonment with 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) For the purpose of this paragraph the term "forced or

compulsory labour" shall not include:

(i) Any work or service, not referred to in subparagraph (b),

normally required of a person who is under detention in

consequence of a lawful order of a court, or of a person

during conditional release from such detention;

(ii) Any service of a military character and, in countries

where conscientious objection is recognized, any national

service required by law of conscientious objectors;

(iii) Any service exacted in cases of emergency or calamity

threatening the life or well-being of the community;

(iv) Any work or service which forms part of normal civil

obligations.

Article 9

1. Everyone has the right to liberty and security of person.

No one shall be subjected to arbitrary arrest or detention.

No one shall be deprived of his liberty except on such

grounds and in accordance with such procedure as are

established by law.

2. Anyone who is arrested shall be informed, at the time of

arrest, of the reasons for his arrest and shall be promptly

informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall

be brought promptly before a judge or other officer

authorized by law to exercise judicial power and shall be

entitled to trial within a reasonable time or to release. It

shall not be the general rule that persons awaiting trial

shall be detained in custody, but release may be subject

to guarantees to appear for trial, at any other stage of the

judicial

proceedings,

and,

should

occasion

arise, for

execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or

detention shall be entitled to take proceedings before a

court, in order that that court may decide without delay

on the lawfulness of his detention and order his release if

the detention is not lawful.

5. Anyone who has been the victim of unlawful arrest or

detention

shall

have

an

enforceable

right

to

compensation.

Article 10

1. All persons deprived of their liberty shall be treated with

humanity and with respect for the inherent dignity of the

human person.

2.

(a)

Accused

persons

shall,

save

in

exceptional

circumstances, be segregated from convicted persons

and shall be subject to separate treatment appropriate to

their status as unconvicted persons;

(b) Accused juvenile persons shall be separated from

adults

and

brought

as

speedily

as

possible

for

adjudication.

3. The penitentiary system shall comprise treatment of

prisoners

the

essential

aim of which shall be their

reformation and social rehabilitation. Juvenile offenders

shall

be

segregated

from

adults

and

be

accorded

treatment appropriate to their age and legal status.

Article 11

No one shall be imprisoned merely on the ground of

inability to fulfil a contractual obligation.

Article 12

1. Everyone lawfully within the territory of a State shall,

within

that

territory,

have

the

right

to

liberty

of

movement and freedom to choose his residence.

2. Everyone shall be free to leave any country, including

his own.

3. The above-mentioned rights shall not be subject to any

restrictions except those which are provided by law, are

necessary to protect national security, public order (ordre

public),

public

health

or

morals

or

the

rights

and

freedoms of others, and are consistent with the other

rights recognized in the present Covenant.

4. No one shall be arbitrarily deprived of the right to enter

his own country.

Article 13

An alien lawfully in the territory of a State Party to the

present Covenant may be expelled therefrom only in

pursuance of a decision reached in accordance with law

and shall, except where compelling reasons of national

security otherwise require, be allowed to submit the

reasons

against his expulsion and to have his case

reviewed by, and be represented for the purpose before,

the competent authority or a person or persons especially

designated by the competent authority.

Article 14

1. All persons shall be equal before the courts and

tribunals. In the determination of any criminal charge

against him, or of his rights and obligations in a suit at

law, everyone shall be entitled to a fair and public hearing

by a competent, independent and impartial tribunal

established by law. The press and the public may be

excluded from all or part of a trial for reasons of morals,

public order (ordre public) or national security in a

democratic society, or when the interest of the private

lives of the parties so requires, or to the extent strictly

necessary

in

the

opinion

of

the

court

in

special

circumstances

where

publicity

would

prejudice

the

interests of justice; but any judgement rendered in a

criminal case or in a suit at law shall be made public

except where the interest of juvenile persons otherwise

requires

or

the

proceedings

concern

matrimonial

disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the

right

to

be

presumed

innocent

until

proved

guilty

according to law.

3. In the determination of any criminal charge against

him, everyone shall be entitled to the following minimum

guarantees, in full equality: (a) To be informed promptly

and in detail in a language which he understands of the

nature and cause of the charge against him;

(b)

To

have

adequate

time

and

facilities

for

the

preparation of his defence and to communicate with

counsel of his own choosing;

(c) To be tried without undue delay;

(d) To be tried in his presence, and to defend himself in

person or through legal assistance of his own choosing; to

be informed, if he does not have legal assistance, of this

right; and to have legal assistance assigned to him, in any

case where the interests of justice so require, and without

payment by him in any such case if he does not have

sufficient means to pay for it;

(e) To examine, or have examined, the witnesses against

him and to obtain the attendance and examination of

witnesses on his behalf under the same conditions as

witnesses against him;

(f) To have the free assistance of an interpreter if he

cannot understand or speak the language used in court;

(g) Not to be compelled to testify against himself or to

confess guilt.

© Compiled by RGL

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