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Constitution of the Republic of Belarus of 1994

(with alterations and amendments)

Adopted at the republican referenda of November 24,1996 and of October 17, 2004

 

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Section 2. The Individual, Society and the State

Article 25. The State shall safeguard personal liberty, inviolability and dignity. The restriction or denial of personal liberty is possible in the instances and under the procedure specified in law.

A person who has been taken into custody shall be entitled to a judicial investigation into the legality of his detention or arrest.

No one shall be subjected to torture or cruel, inhuman or undignified treatment or punishment, or be subjected to medical or other experiments without one's consent.

Article 26. No one may be found guilty of a crime unless his guilt is proven under the procedure specified in law and established by the verdict of a court of law that has acquired legal force. A defendant shall not be required to prove one's innocence.

Article 27. No person shall be compelled to be a witness against oneself, members of one's family or next of kin. Evidence obtained in violation of the law shall have no legal force.

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Article 60. Everyone shall be guaranteed protection of one's rights and liberties by a competent, independent and impartial court of law within time periods specified in law.

To defend their rights, liberties, honour and dignity, citizens shall be entitled in accordance with the law to recover, through the courts, both property damage and financial compensation for moral injury.

Article 61. Everyone shall have the right in accordance with the international instruments ratified by the Republic of Belarus to appeal to international organi-zations to defend their rights and liberties, provided all available interstate means of legal defence have been exhausted.

Article 62. Everyone shall have the right to legal assistance to exercise and defend his rights and liberties, including the right to make use, at any time, of the assistance of lawyers and one's other representatives in court, other state bodies, bodies of local government, enterprises, establishments, organizations and public associations, and also in relations with officials and citizens. In the instances specified in law, legal assistance shall be rendered from public funds.

Opposition to the rendering of legal assistance shall be prohibited in the Republic of Belarus.

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