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

The former Yugoslav Republic of Macedonia

Macedonia - Constitution 1991 (2019) EN

Article 12 The human right to freedom is irrevocable.
No person's freedom can be restricted except by a court decision or in cases and procedures determined by law . .

Persons summoned, apprehended or detained shall immediately be informed of the reasons for the summons, apprehension or detention and on their rights. They shall not be forced to make a statement. .

A person has a right to an attorney in police and court procedure. Persons detained shall be brought before a court as soon as possible, within a maximum period of 24 hours from the moment of detention, and the legality of their detention shall there be decided upon without delay. .

Detention may last, by court decision, for a maximum period of 90 days from the day of detention.
Persons detained may, under the conditions determined by law, be released from custody to conduct their defence. .

Article 13
A person indicted for an offence shall be considered innocent until his/her guilt is established by a legally valid court verdict. .

A person unlawfully detained, apprehended or convicted has a right to legal redress and other rights determined by law. .

AMENDMENT III
1. Detention until the indictment may last, by a court decision, for a maximum period of 180 days from the day of detention.
After the indictment, detention may be prolonged or determined by a competent court in case and in procedure prescribed by law.
2. This amendment replaces Paragraph 5 of Article 12 of the Constitution. .

Macedonia - Criminal Procedure Code 2010 EN

PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES

Article 3
(3) The arrested person must immediately or at the most 24 hours from his arrest be brought before court, where the court without any delay will decide on the legality of his arrest .

PART ONE GENERAL PROVISIONS
Chapter I BASIC PRINCIPLES

Article 11
A person illegally arrested, detained or illegally convicted has a right to compensation for damage from the budget of Republic of Macedonia, has a right to be rehabilitated and has other rights established by law .
Article 12

PART TWO COURSE OF PROCEDURE
Chapter XVII MEASURES FOR SECURING PRESENCE OF THE ACCUSED AND FOR SUCCESSFUL PERFORMANCE OF THE CRIMINAL PROCEDURE
8. Detention

Article 186-a
(1) The investigative judge can upon the proposal of the public prosecutor with written decision to determine to the person deprived of freedom a short term pre-trial custody up to 48 hours in case when he founds that there is ground for suspicion that this person is the perpetrator of the criminal act which is imposed to him and that there is a base for

determining the measure pre-trial custody under article 184 paragraph (1) of this law, if the public prosecutor has still not submitted request for conducting an investigation or immediate accusation against that person.
(2) If the public prosecutor after the expiration of the 48 hours term does not submit proposal for determining pre-trial detention in accordance with the article 184 of this law , the accused will be set free.
(3) The investigative judge can upon the proposal of the public prosecutor with written and justified decision determine to the detained person a short time pre-trial custody of 24 hours if he concludes that there is ground for suspicion that detained person is the perpetrator of the criminal act if the circumstances under article 184 paragraph (1) line 1) and 2) of this law, and that is necessary for determination of the identity and to check his alibi. The short time pre-trial custody can be extended for 24 hours at most.
(4) The decision for short time pre-trial custody from the paragraphs 1 and 2 is given to the person against who this measure is determined and to the competent public prosecutor.
(5) An appeal is allowed to be submitted against the decision of the paragraph 3 of this article, within 5 hours from the reception of the decision to the council mentioned in the article 22, paragraph 6 of this law that is obliged to proceed upon the appeal within 3 hours of the reception .

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.