Charter on Human and Minority Rights and Civil Liberties

(excerpts)

I. General Provision

Human Dignity and Unrestricted Development of Personality

Article 1

Human dignity shall be inviolable. Everyone shall have the duty to protect it. Everyone shall have the right to unrestricted development of his/her personality, on condition that he/she does not infringe on the rights of others guaranteed under this Charter.

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Inviolability of Physical and Mental Integrity

Article 12

Everyone shall be entitled to inviolability of his/her physical and mental integrity.

No one may be subjected to torture, inhuman or humiliating treatment.

No one may be subjected to medical or scientific experiments without his/her freely given consent.

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Right to Freedom and Security

Article 14

Everyone shall have the right to personal freedom and security.

No one may be arrested by somebody’s own volition. Arrest shall be permissible only in the cases and the way determined by the State Union Law or laws of the Member States.

No one may be arrested only because of his/her inability to perform a contractual duty.

Any arrested person shall be notified forthwith, in the language he/she understands, of the reasons for his/her arrest or indictment, as well as of his/her rights.

Any arrested person shall have the right to inform promptly a person of his own choosing accordingly.

Any arrested person shall have the right to instigate proceedings by which the court shall examine by emergency procedure the lawfulness of the arrest and order his/her discharge if the arrest has been found to be unlawful.

Any arrested person shall be treated humanely and with due respect for his personality. Any violence against an arrested person and extortion of evidence shall be prohibited in particular.

Anyone who has been arrested unlawfully shall have a right to an indemnity.

Additional Guarantees in the case of Arrest for a Felony or Breach of Regulations

Article 15

Any arrested person shall be informed promptly that he/she has the right not to make any statement and the right to have a defence counsel of his/her own choice present at his/her examination.

Any arrested person shall be brought to the competent court promptly, no longer than within 48 hours. Otherwise, he/she shall be discharged.

Any person reasonably suspected of having committed a criminal act may be detained only by decision of the competent court, if so is necessary for the purposes of conducting the criminal proceedings.

The duration of detention shall not last longer than necessary under law, which shall be seen to by the competent court.

Special Guarantees

Article 16

Everyone shall have the right to be informed as soon as possible, thoroughly and in the language he/she understands, of the nature of and reasons for charges being brought against him/her, and the right to a trial without prolongation.

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