accordance with article 64-2 of the Code of Criminal Procedure and calls for inquiries to be opened through the chief public prosecutor’s office to establish liabilities. 88. In general, the majority of arrests take place following a criminal complaint filed by a person, after which police investigators call the person in for questioning and decide after hearing the person whether they should be held in custody, for a maximum period of 48 hours. If investigators are unable to prepare a case for trial, the officers may request the State prosecutor or a deputy prosecutor to extend the 48-hour period in strict compliance with articles 64 ff. of the Code of Criminal Procedure. Other measures of deprivation of liberty are governed and provided for by articles 117 ff. of the Code of Criminal Procedure. 89. In addition, persons charged with serious and lesser offences are generally held in detention pending their trial, in accordance with article 133 of the Code of Criminal Procedure, which states: “pre-trial detention is applicable only to persons being prosecuted for acts designated as serious offences or acts designated as lesser offences punishable by a prison sentence of 1 year or more.” However, under articles 139 ff., the investigating judge may order the release of persons held in custody as long as they provide the necessary guarantees that they will appear at all stages of the proceedings. 90. Furthermore, leaving aside criminal detentions, there is a single psychiatric centre for the confinement of persons with severe mental disorders in Djibouti. However, families very seldom commit relatives with such disorders to the centre because of the existence of very strong family structures. 91. Thus, only persons who pose some threat to society because they are prone to violence are subject to confinement. Fortunately, the confinement of such persons takes place in strict compliance with medical regulations and it is rare for any of them to be subjected to total deprivation of liberty. 5. Right to a fair trial Article 7 1. Every individual shall have the right to have his cause heard. This comprises: a. The right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; b. The right to be presumed innocent until proved guilty by a competent court or tribunal; c. The right to defence, including the right to be defended by counsel of his choice; d. The right to be tried within a reasonable time by an impartial court or tribunal. 2. No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender. 92. The Constitution of the Republic of Djibouti guarantees, in its preamble, equality before the country’s courts and tribunals by incorporating the Universal Declaration of Human Rights. In addition to the 23

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