PART II.
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS

Protection of personal liberty

5.-(3.) A person who has been arrested or detained in the circumstances referred to in paragraph (c) of clause (1.) of this Article and has not been released shall be brought before a judge or some other person holding judicial office within a period of twenty-four hours after the arrest or detention and shall not be further held in custody in connexion with that offence except by order of a judge or some other person holding judicial office.

(4.) Where a complaint is made to the Supreme Court that a person is unlawfully detained, the Supreme Court shall enquire into the complaint and, unless satisfied that the detention is lawful, shall order that person to be brought before it and shall release him.

PART IX - SUPPLEMENTARY PROVISIONS

213 Power to issue directions of the nature of habeas corpus

(1) The Supreme Court may, where it thinks fit, direct :

(a) that any person within Nauru be brought before the Court to be dealt with according to law ;
(b) that any person illegally or improperly detained in public or private custody within Nauru be set at liberty ; and
(c) that any prisoner detained in any prison be brought before any Court to be there examined as a witness in any matter pending or to be inquired into in that Court.

(2) The Chief Justice may from time to time make rules to regulate the procedure in cases under this section.