to a trial. (This principle derives directly from the Presumption of innocence) except where
the court, having regard to the following circumstances, determines otherwise"a) the offence is treason or murder;
b) the seriousness of the offence;
c) there are substantial grounds for believing that the suspect will fail to appear for the
trial, interfere with witnesses, obstruct the course of justice or commit an offence
while on release;
d) there is a necessity to keep the suspect in custody for the suspect's protection;
e) the suspect is serving a custodial sentence;
f) a previous breach of the conditions of release for the same offence.
8: "A person who is detained has a right to take proceedings before the Supreme
Court in order that Court may decide on the lawfulness of the detention and order the release of the
person if the detention is not lawful".
10: A person unlawfully arrested or detained has a right to receive
compensation from those that unlawfully arrested or detained that person, including
the State.
11: A person who has not been convicted, if kept in a prison, shall not
be treated as a convicted person and shall be kept away from any convicted one.
12: A minor who is kept in lawful custody or detention shall be kept
away from any adult offender or suspect.
13: A female offender or suspect shall be kept separately from any male
offender or suspect.
14: Any period which the convicted person has spent in custody in
respect of the offence, shall be taken into account by the court in imposing any
sentence of imprisonment.
15: "A person shall not be imprisoned merely on the ground of the inability to fulfil a
contractual obligation".
Notwithstanding the above mentioned rights, the arrest or detention in accordance
with the procedures established by law is permitted, among others, in the following
cases (Article18.2 of the Constitution):
a) In execution of a sentence or other lawful order of a court;
b) On reasonable suspicion of having committed or being about to commit an
offence
for the purposes of investigation or prevention;
c) To prevent the spread of infection or contagious diseases;
d) For the treatment and rehabilitation of persons reasonably suspected to be, of
unsound mind or addicted to drugs;