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United Nations — Treaty Series • Nations Unies — Recueil des Traités
1976
4. Anyone who is deprived of his liberty by arrest or detention shall be entitled
to take proceedings before a court, in order that that court may decide without delay
on the lawfulness of his detention and order his release if the detention is not lawful.
5. Anyone who has been the victim of unlawful arrest or detention shall have
an enforceable right to compensation.
Article 10. 1. All persons deprived of their liberty shall be treated with
humanity and with respect for the inherent dignity of the human person.
2. (a) Accused persons shall, save in exceptional circumstances, be
segregated from convicted persons and shall be subject to separate treatment ap
propriate to their status as unconvicted persons.
(b) Accused juvenile persons shall be separated from adults and brought as
speedily as possible for adjudication.
3. The penitentiary system shall comprise treatment of prisoners the essential
aim of which shall be their reformation and social rehabilitation. Juvenile offenders
shall be segregated from adults and be accorded treatment appropriate to their age
and legal status.
Article 11. No one shall be imprisoned merely on the ground of inability to
fulfil a contractual obligation.
Article 12. 1. Everyone lawfully within the territory of a State shall, within
that territory, have the right to liberty of movement and freedom to choose his resi
dence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except
those which are provided by law, are necessary to protect national security, public
order (ordre public), public health or morals or the rights and freedoms of others,
and are consistent with the other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
Article 13. An alien lawfully in the territory of a State Party to the present
Covenant may be expelled therefrom only in pursuance of a decision reached in ac
cordance with law and shall, except where compelling reasons of national security
otherwise require, be allowed to submit the reasons against his explusion and to have
his case reviewed by, and be represented for the purpose before, the competent au
thority or a person or persons especially designated by the competent authority.
Article 14. 1. All persons shall be equal before the courts and tribunals. In
the determination of any criminal charge against him, or of his rights and obligations
in a suit at law, everyone shall be entitled to a fair and public hearing by a competent,
independent and impartial tribunal established by law. The Press and the public may
be excluded from all or part of a trial for reasons of morals, public order (ordre
public) or national security in a democratic society, or when the interest of the
private lives of the parties so requires, or to the extent strictly necessary in the opin
ion of the court in special circumstances where publicity would prejudice the interests
of justice; but any judgement rendered in a criminal case or in a suit at law shall be
made public except where the interest of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or the guardianship of children.
2. Everyone charged with a criminal offence shall have the right to be pre
sumed innocent until proved guilty according to law.
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