Rights during investigation - not to be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment

Marshall Islands

Marshall Islands - Constitution 1979 (2014) EN

ARTICLE II
BILL OF RIGHTS

Section 4. Due Process and Fair Trial.

(8) No person shall be subjected to coercive interrogation, nor may any involuntary confession or involuntary guilty plea, or any confession extracted from someone who has not been informed of his rights to silence and legal assistance and of the fact that what he says may be used against him, be used to support a criminal conviction.

ARTICLE II
BILL OF RIGHTS

Section 6. Cruel and Unusual Punishment.

(3) No person shall be subjected to torture or to inhuman and degrading treatment, to cruel and unusual punishment, or to excessive fines or deprivations.

''ARTICLE I, SUPREMACY OF THE CONSTITUTION, Section 4. Due Process and Fair Trial''

(1) No person shall be deprived of life, liberty, or property without due process of law.

(2) Every person charged with a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt.

(3) Bail shall not be required in an amount greater than needed to ensure that the accused will appear for trial, nor may any person be detained before trial when other means are available to provide reasonable assurance that he will not flee or gravely endanger the public safety.

(4) In all criminal prosecutions, the accused shall enjoy the right to be informed promptly and in detail of the nature and cause of the accusation against him; to a prompt judicial determination of whether there is good cause to hold him for trial; to a speedy and public trial before an impartial tribunal; to have adequate time and facilities for the preparation of his defense; to defend himself in person or through legal assistance of his own choice and, if he lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor.

(5) There shall be a right to trial by jury, unless knowingly and voluntarily waived by the accused, whenever the applicable law makes the offense punishable by three (3) or more years in prison or, in the case of an offense for which no maximum is specified, whenever the sentence actually imposed is three (3) years or longer.

(6) No person shall be held to answer for a crime except on presentment or indictment or criminal information.

(7) No person shall be compelled in any criminal case to be a witness against himself, or against his spouse, parent, child, or sibling, or to give testimonial evidence against any such person whenever that evidence might directly or indirectly be used to obtain such person’s criminal conviction.

(8)No person shall be subjected to coercive interrogation, nor may any involuntary confession or involuntary guilty plea, or any confession extracted from someone who has not been informed of his rights to silence and legal assistance and of the fact that what he says may be used against him, be used to support a criminal conviction.

(9) No person shall be subjected to double jeopardy, but retrial shall be permitted after a conviction has been reversed on the defendant’s appeal.

(10) No person shall be preventively detained, involuntarily committed, or otherwise deprived of liberty outside the criminal process, except pursuant to Act, subject to fair procedures, and upon a clear showing that the person's release would gravely endanger his own health or safety, or the health, safety, or property of others.

''ARTICLE I, SUPREMACY OF THE CONSTITUTION, Section 6. Cruel and Unusual Punishment''

(1) No crime under the law of the Republic of the Marshall Islands may be punished by death.

(2) No sentence of imprisonment at hard labor shall be imposed on any person who has not attained the age of 18 years.

No person shall be subjected to torture or to inhuman and degrading treatment, [By way of Constitutional cruel and unusual punishment, or to excessive fines or deprivations. [By way of Constitutional Amendment #1, the term “"Marshall Islands”" as that term is first used herein, was replaced with the term “"Republic of the Marshall Islands”]"]

Marshall Islands - Rules of Criminal Procedure 2005 (2007) EN

TITLE IV. ARRAIGNMENT AND PREPARATION FOR TRIAL

Rule 11. Pleas

(b) Considering and Accepting a Guilty or Nolo Contendere Plea.

(1) Advising and Questioning the Defendant. Before the court accepts a plea of guilty or nolo contendere, the defendant may be placed under oath, and the court must address the defendant personally in open court. During this address, the court must inform the defendant of, and determine that the defendant understands, the following :

(G) the right at trial to confront and cross-examine adverse witnesses, to remain silent and be protected from compelled self-incrimination, to object to illegally obtained evidence, such as the fruits of an illegal search or seizure or an illegally obtained confession, to testify and present evidence, and to compel the attendance of witnesses ;

Rome Statute

Article 55 Rights of persons during an investigation

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

(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;