Constitution (1991, updated 2006)

THE CONSTITUTION

OF THE REPUBLIC OF MACEDONIA

Published in "The Official Gazette of the Republic of Macedonia" No. 52/91, 31/98, 91/01

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II. BASIC FREEDOMS AND RIGHTS OF THE

INDIVIDUAL AND CITIZEN

1. Civil and political freedoms and rights

Article 9

Citizens of the Republic of Macedonia are equal in their freedoms and rights, regardless of sex, race, color of skin, national and social origin, political and religious beliefs, property and social status.

All citizens are equal before the Constitution and law.

Article 10

The human right to life is irrevocable.

The death penalty shall not be imposed on any grounds whatsoever in the Republic of Macedonia.

Article 11

The human right to physical and moral dignity is irrevocable.

Any form of torture, or inhuman or humiliating conduct or punishment, is prohibited.

Forced labor is prohibited.

Article 12

The human right to freedom is irrevocable.

No person’s freedom can be restricted except by a court decision or in cases and procedures determined by law.

Persons summoned, apprehended or detained shall immediately be informed of the reasons for the summons, apprehension or detention and on their rights. They shall not be forced to make a statement. A person has a right to an attorney in police and court procedure.

Persons detained shall be brought before a court as soon as possible, within a maximum period of 24 hours from the moment of detention, and the legality of their detention shall there be decided upon without delay.

Detention may last, by court decision, for a maximum period of 180 days from the day of detention.

After the indictment, the duration of detention is prolonged or determined by the competent court in a case and procedure stipulated by law. Paragraph 5 is replaced by item 1 of Amendment III

Persons detained may, under the conditions determined by law, be released from custody to conduct their defense.

Article 13

A person indicted for an offence shall be considered innocent until his/her guilt is established by a legally valid court verdict.

A person unlawfully detained, apprehended or convicted has a right to legal redress and other rights determined by law.

Article 14

No person may be punished for an offence which had not been declared an offence punishable by law, or by other acts, prior to its being committed, and for which no punishment had been prescribed.

No person may be tried in a court of law for an offence for which he/she has already been tried and for which a legally valid court verdict has already been brought.

Article 15

The right to appeal against individual legal acts issued in a first instance proceedings by a court, administrative body, organization or other institution carrying out public mandates is guaranteed.

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Article 17

The freedom and inviolability of correspondence and other forms of communication is guaranteed

Only a court decision may, under conditions and in procedure prescribed by law, authorise non-application of the principle of inviolability of correspondence and other forms of communication, in cases where it is indispensable to preventing or revealing criminal acts, to a criminal investigation or where required in the interests of security and defence of the Republic.

Article 17 is replaced by Amendment XIX.

Article 18

The security and confidentiality of personal information are guaranteed.

Citizens are guaranteed protection from any violation of their personal integrity deriving from the registration of personal information through data processing.

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Article 25

Each citizen is guaranteed the respect and protection of the privacy of his/her personal and family life and of his/her dignity and repute.

Article 26

The inviolability of the home is guaranteed.

The right to the inviolability of the home may be restricted only by a court decision in cases of the detection or prevention of criminal offences or the protection of people’s health.

Article 27

Every citizen of the Republic of Macedonia has the right of free movement on the territory of the Republic and freely to chose his/her place of residence.

Every citizen has the right to leave the territory of the Republic and to return to the Republic.

The exercise of these rights may be restricted by law only in cases where it is necessary for the protection of the security of the Republic, criminal investigation or protection of people’s health.

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