5. (1) Except as is otherwise expressly provided in this Chapter and in section 54, no law may abrogate, abridge or infringe or authorise the abrogation, abridgment or infringement of any of the rights and freedoms hereinbefore recognised and declared. (2) Without prejudice to subsection (1),.but subject to this Chapter and to section 54, Parliament may not- (a) authorise or effect the arbitrary detention, imprisonment or exile of any person; LAWS OF TRINIDAD AND TOBAGO The Constitution ttparliament.org L.R.O. 1/1980 18 (b) impose or authorise the imposition of cruel and unusual treatment or punishment; (c) deprive a person who has been arrested or detained- (i) of the right to be informed promptly and with sufficient particularity of the reason for his arrest or detention; (ii) if the right to retain and instruct without delay a legal adviser of his own choice and to hold communication with him; (iii) of the right to be brought promptly before an appropriate judicial authority (iv) of the remedy by way of habeas corpus for the determination of the validity of his detention and for his release if the detention is not lawful; (d) authorise a court, tribunal, commission. board Or other authority to compel a person to give evidence unless he is afforded protection against self incrimination and, where necessary to ensure such protection, the right to legal representation; (e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations: (f) deprive a person charged with a criminal offence of the right- (i) to be presumed innocent until proved guilty according to law, but this shall not invalidate a law by reason only that the law imposes on any such person the burden of proving particular facts; (ii) to a fair and public hearing by an independent and impartial tribunal; or (iii) to reasonable bail without just cause; (g) deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak English; or (h) deprive a person of the right to such procedural provisions as are necessary for the purpose of giving effect and protection to the aforesaid rights and freedoms.
Posted on: Fri, 12 Jul 2013 00:33:18 +0000
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