Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Cook Islands

Cook Islands - Constitution 2004 (2022) (EN)

Construction of law
65 (1) Subject to subclause (2)·of this Article and to subclause (2) of Article 64 hereof, every enactment shall be so construed and applied as not to abrogate, abridge, or infringe or to authorise the abrogation, abridgement, or infringement of any of the rights or freedoms recognised and declared by , subclause (1) of Article 64 hereof, and in particular no enactment shall be construed or applied so as to -

(a) Authorise or effect the arbitrary detention, imprisonment, or exile of any person

Construction of law
65 (1) Subject to subclause (2)·of this Article and to subclause (2) of Article 64 hereof, every enactment shall be so construed and applied as not to abrogate, abridge, or infringe or to authorise the abrogation, abridgement, or infringement of any of the rights or freedoms recognised and declared by , subclause (1) of Article 64 hereof, and in particular no enactment shall be construed or applied so as to -

(c) Deprive any person who is arrested or detained -

(iii) Of the right to apply, by himself or by any other person on his behalf, for a writ of habeas corpus for the determination of the validity of his detention, and to be released if his detention is not lawful; or

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.