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
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