36 Chapter III does not preclude existence of other rights
This Chapter does not preclude the existence of other rights or freedoms that may be
recognised or conferred by law, to the extent that they are consistent with this Chapter.
PART II
INDIVIDUAL HUMAN RIGHTS AND FREEDOMS
37 Right to life
(1) Every human being has the right to life and may not be deprived of it intentionally.
(2) A law may permit the death penalty to be imposed on persons convicted of murder, but–
(a) the penalty may be carried out only in accordance with a final judgment of a
competent court;
(b) the penalty must not be imposed on a person for an offence committed when he or she
was less than eighteen years old;
(c) the penalty must not be imposed or carried out on a pregnant woman;
(d) the law must permit the court a discretion whether or not to impose the penalty;
(e) the person sentenced must have a right to seek pardon or commutation of the penalty
from the President.
38 Right to personal liberty
(1)
Everyone has the right to personal liberty, which includes the right–
(a) not to be detained without trial; and
(b) not to be deprived of their liberty arbitrarily or without just cause.
(2) No one may be imprisoned merely on the ground of inability to fulfil a contractual
obligation.
(3) Anyone who is arrested or detained–
(a) must be informed promptly of the reason for the arrest or detention;
(b) must be permitted, without delay–
(i) to contact their next of kin or close relative; and
(ii) at their. own expense, to choose, contact and consult with a legal practitioner;
(c) must be treated with humanity and with respect for their inherent human dignity;
(d) must be permitted to challenge the lawfulness of the arrest or detention before a court,
either in person or through a legal practitioner of their choice, and must be released
promptly if the detention is unlawful.
(4) Anyone may challenge the lawfulness of another person's arrest or detention under
subsection (3)(d) if there are reasonable grounds to believe that the arrested or detained person
is unable to do so.
(5) Anyone who is arrested or detained–
(a) for the purpose of bringing him or her before a court; or
(b) for allegedly committing or being about to commit an offence;
- 22 -
Select target paragraph3
Add to table of contents