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- Year: 2006
- Country: Ghana
- Language: English
- Document Type: Domestic Law or Regulation
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FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
(1) The fundamental human rights and freedoms enshrined in this chapter
shall be respected and upheld by the Executive, Legislature and Judiciary
and all other organs of government and its agencies and, where applicable
to them, by all natural and legal persons in Ghana, and shall be
enforceable by the Courts as provided for in this Constitution.
(2) Every person in Ghana, whatever his race, place of origin, political
opinion, colour, religion, creed or gender shall be entitled to the
fundamental human rights and freedoms of the individual contained in this
Chapter but subject to respect for the rights and freedoms of others and for
the public interest.
(1) No person shall be deprived of his life intentionally except in the
exercise of the execution of a sentence of a court in respect of a criminal
offence under the laws of Ghana of which he has been convicted.
(2) A person shall not be held to have deprived another person of his life
in contravention of clause (1) of this ar ticle if that other person dies as the
result of a lawful act of war or if that other person dies as the result of the
use of force to such an extent as is reasonably justifiable in the particular
(a) for the defence of any person from violence or for the defence
of property; or
(b) in order to effect a lawful arre st or to prevent the escape of a
person lawfully detained; or
(c) for the purposes of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission of a crime by that person.
(1) Every person shall be entitled to his personal liberty and no person
shall be deprived of his personal liberty except in the following cases and
in accordance with procedure permitted by law –
(a) in execution of a sentence or or der of a court in respect of a
criminal offence of which he has been convicted; or
(b) in execution of an order of a court punishing him for contempt
of court; or
(c) for the purpose of bringing hi m before a court in execution of
an order of a court; or
(d) in the case of a person suffering from an infectious or
contagious disease, a person of unsound mind, a person addicted to
drugs or alcohol or a vagrant, for the purpose of his care or
treatment or the protection of the community; or
(e) for the purpose of the educati on or welfare of a person who has
not attained the age of eighteen years; or
(f) for the purpose of preventing the unlawful entry of that person
into Ghana, or of effecting th e expulsion, extradition or other
lawful removal of that person from Ghana or for the purpose of
restricting that person while he is being lawfully conveyed through
Ghana in the course of his extradition or removal from one country
to another; or
(g) upon reasonable suspicion of his having committed or being
about to commit a criminal offe nce under the laws of Ghana.
(2) A person who is arrested, restrict ed or detained shall be informed
immediately, in a language that he u nderstands, of the reasons for his
arrest, restriction or detention and of his right to a lawyer of his choice.
(3) A person who is arrested, restricted or detained –
(a) for the purpose of bringing him before a court in execution of
an order of a court; or
(b) upon reasonable suspicion of his having committed or being
about to commit a criminal offen ce under the laws of Ghana, and
who is not released, shall be br ought before a court within forty-
eight hours after the arrest , restriction or detention.
(4) Where a person arrested, restricted or detained under paragraph (a) or
(b) of clause (3) of this article is not tried with in a reasonable time, then,
without prejudice to any further proceed ings that may be brought against
him, he shall be released wither unconditionally or upon reasonable
conditions, including in particular, conditions reasonably necessary to
ensure that he appears at a later date for trial or for proceedings
preliminary to trial.
(5) A person who is unlawfully arrest ed, restricted or detained by any
other person shall be entitled to compensation from that other person.
(6) Where a person is convicted and se ntenced to a term of imprisonment
for an offence, any period he has spent in lawful custody in respect of that
offence before the completion of his trial shall be taken into account in
imposing the term of imprisonment.
(7) Where a person who has served the w hole or a part of his sentence is
acquitted on a appeal by a court, othe r than the Supreme Court, the court
may certify tot he Supreme Court that the person acquitted be paid
compensation; and the Supreme Court may, upon examination of all the
facts and the certificate of the court concerned, award such compensation
as it may think fit; or, where the acquittal is by the Supreme Court, it may
order compensation to be paid to the person acquitted.
(1) The dignity of all pers ons shall be inviolable.
(2) No person shall, whether or not he is arrested, restricted or retained, be
subjected to –
(a) torture or other cruel, inhum an or degrading treatment or
(b) any other condition that detracts or is likely to detract from his
dignity and worth as a human being.
(3) A person who has not been convicted of a criminal offence shall not be
treated as a convicted pe rson and shall be kept separately from convicted
(4) A juvenile offender who is kept in lawful custody or detention shall be
kept separately from an adult offender.
(1) No person shall be held in slavery or servitude.
(2) No person shall be required to perform forced labour.
(3) For the purposes of this article, “forced labour” does not include –
(a) any labour required as a result of a sentence or order of a court;
(b) any labour required of a memb er of a disciplined force or
service as his duties or, in the case of a person who has
conscientious objections to a service as a member of the Armed
Forces of Ghana, any labour whic h that person is required by law
to perform in place of such service; or
(c) any labour required during any period when Ghana is at war or
in the event of an emergency or ca lamity that threatens the life and
well-being of the community, to the extent that the requirement of
such labour is reasonably justifia ble in the circumstances of any
situation arising or existing duri ng that period for the purposes of
dealing with the situation; or
(d) any labour reasonably require d as part of normal communal or
other civic obligations.
(1) All persons shall be equal before the law.
(2) A person shall not be discriminated against on grounds of gender, race,
colour, ethnic origin, religion, creed or social or economic status.
(3) For the purposes of this article, “d iscriminate” means to give different
treatment to different persons attributable only or mainly to their
respective descriptions by race, place of origin, political opinions, colour,
gender, occupation, religion or creed, whereby persons of one description
are subjected to disabilities or rest rictions to which persons of another
description are not made subject or ar e granted privileges or advantages
which are not granted to persons of another description.
(4) Nothing in this article shall preven t Parliament from enacting laws that
are reasonably necessary to provide –
(a) for the implementation of policies and programmes aimed at
redressing social, economic or educational imbalance in the
(b) for matters relating to adoption, marriage, divorce, burial,
devolution of property on death or other matters of personal law;
(c) for the imposition of restrictions on the acquisition of land by
persons who are not citizens of Ghana or on the political and
economic activities of such persons and for other matters relating
to such persons; or
(d) for making different provision for different communities
having regard to their special ci rcumstances not being provision
which is inconsistent with the spirit of this Constitution.
(5) Nothing shall be taken to be inconsistent with this article which is
allowed to be done under any provision of this Chapter.
(1) Every person has the right to own property either alone or in
association with others.
(2) No person shall be subjected to interference with the privacy of his
home, property, correspondence or co mmunication except in accordance
with law and as may be necessary in a free and democratic society for
public safety or the economic well-be ing of the country, for the protection
of health or morals, for the prevention of disorder or crime or for the
protection of the rights or freedoms of others.
(1) A person charged with a criminal offence shall be given a fair hearing
within a reasonable time by a court.
(2) A person charged with a criminal offence shall –
(a) in the case of an offence othe r than high treason or treason, the
punishment for which is death or imprisonment for life, be tried by
a judge and jury and –
(i) where the punishment is death, the verdict of the
jury shall be unanimous; and
(ii) in the case of life imprisonment, the verdict of
the jury shall be by such majority as Parliament
may by law prescribe;
(b) in the case of an offence tribal by a Regional Tribunal the
penalty for which is death, the decision of the Chairman and the
other panel members shall be unanimous;
(c) be presumed to be innocent until he is proved or has pleaded
(d) be informed immediately in a language that he understands,
and in detail; of the nature of the offence charged;
(e) be given adequate time and faci lities for the preparation of this
(f) be permitted to defend himself before the court in person or by
a lawyer of his choice;
(g) be afforded facilities to exam ine, in person or by his lawyer, the
witnesses called by the prosecution be fore the court, and to obtain
the attendance and carry out the exam ination of witnesses to testify
on the same conditions as those ap plicable to witnesses called by
(h) be permitted to have, without payment by him, the assistance of
an interpreter where he cannot unde rstand the language used at the
(i) in the case of the offence of high treason or treason, be tried by
the High Court duly constituted by three Justices of that Court and
the decision of the Justices shall be unanimous.
(3) The trial of a person charged with a criminal offence shall take place in
his presence unless;-
(a) he refuses to appear before the court for the trial to be
conducted in his presence after he has been duly notified of the
(b) he conducts himself in such a manner as to render the
continuation of the proceedings in his presence impracticable and
the court orders him to be removed for the trial to proceed in his
(4) Whenever a person is tried for a cr iminal offence the accused person or
a person authorised by him shall, if he so requires, be given, within a
reasonable time not exceeding six months after judgement, a copy of any
record of the proceedings made by or on behalf of the court for the use of
the accused person.
(5) A person shall not be charged with or held to be guilty of a criminal
offence which is founded on an act or omission that did not at the time it
took place constitute an offence.
(6) No penalty shall be imposed for a criminal offence that is severer in
degree or description than the maxi mum penalty that could have been
imposed for that offence at the time when it was committed.
(7) No person who shows that he has been tried by a competent court for a
criminal offence and either convicted or acquitted, shall again be tried for
that offence or for any other criminal offence of which he could have been
convicted at the trial for the offen ce, except on the order of a superior
court in the course of appeal or review proceedings relating to the
conviction or acquittal.
(8) Notwithstanding clause (7) of this article, an acquittal of a person on a
trial for high treason or treason shall not be a bar to the institution of
proceedings for any other offence against that person.
(9) Paragraphs (a) and (b) of clause (2) of this article shall not apply in the
case of a trial by a court-martial or other military tribunal.
(10) No person who is tried for a criminal offence shall be compelled to
give evidence at the trial.
(11) No person shall be convicted of a criminal offence unless the offence
is defined and the penalty for it is prescribed in a written law.
(12) Clause (11) of this article shall not preven t a Superior Court from
punishing a person for contempt of itself notwithstanding that the act or
omission constitution the contempt is not defined in a written law and the
penalty is not so prescribed.
(13) An adjudicating authority for th e determination of the existence or
extent of a civil right or obligation shall, subject to the provisions of this
Constitution, be established by law and shall be independent and
impartial; and where proceedings for determination are instituted by a
person before such an adjudicating authority, the case shall be given a fair
hearing within a reasonable time.
(14) Except as may be otherwise orde red by the adjudicating authority in
the interest of public morality, public safety, or public order the
proceedings of any such adjudicating authority shall be in public.
(15) Nothing in this article shall prevent an adjudicating authority from
excluding from the proceeding persons, other than the parties to the
proceedings and their lawyers, to such an extent as the authority-
(a) may consider necessary or expedient in circumstances where
publicity would prejudice the interests of justice; or
(b) may be empowered by law to do in the interest of defence,
public safety, public order, public morality, the welfare of persons
under the age of eighteen or the pr otection of the private lives of
persons concerned in the proceedings.
(16) Nothing in, or done under the authority of, any law shall be held to be
inconsistent with or in contra vention of, the following provisions
(a) paragraph (c) of clause (2) of th is article, to the extent that the
law in question imposes upon a person charged with a criminal
offence, the burden of provi ding particular facts; or
(b) clause (7) of this article, to the extent that the law in question
authorises a court to try a member of a disciplined force for a
criminal offence notwithstandi ng any trial and conviction or
acquittal of that member under the disciplinary law of the force,
except that any court which trie s that member and convicts him
shall, in sentencing him to any punishment, take into account any
punishment imposed on him under that disciplinary law.
(17) Subject to clause (18) of this article, treason shall consist only-
(a) in levying war against Ghana or assisting any state or person or
inciting or conspiring with any pe rson to levy war against Ghana;
(b) in attempting by force of arms or other violent means to
overthrow the organs of governme nt established by or under this
(c) in taking part or being concer ned in or inciting or conspiring
with any person to make or take pa rt or be concerned in, any such
(18) An act which aims at procuri ng by constitutional means an alteration
of the law or of the policies of the G overnment shall not be considered as
an act calculated to overthrow the organs of government.
(19) Notwithstanding any other provision of this article, but subject to
clause (20) of this article, Parl iament may, by or under an Act of
Parliament, establish military courts or tribunals for the trial of offences
against military law committed by persons subject to military law.
(20) Where a person subject to military law, who is not in active service,
commits an offence which is within th e jurisdiction of a civil court, he
shall not be tried by a court-martial or military tribunal for the offence
unless the offence is within the jurisdiction of a court-martial or other
military tribunals under any law for the enforcement of military discipline.
(21) For the purposes of this article, “criminal offence” means a criminal
offence under the laws of Ghana.
(1) No property of any description or interest in or right over any property
shall be compulsorily taken possessio n of or acquired by the State unless
the following conditions are satisfied.
(a) the taking of possession or acquisition if necessary in the
interest of defence, public safet y, public order, public morality,
public health, town and country planning or the development or
utilization of property in such a manner as to promote the public
(b) the necessity for the acquisition is clearly stated and is such as
to provide reasonable justification for causing any hardship that
may result to any person who has an interest in or right over the
(2) Compulsory acquisition of property by the State shall only be made
under a law which makes provision for.
(a) the prompt payment of fair and adequate compensation; and
(b) a right of access to the High Court by any person who has an
interest in or right over the pr operty whether direct or on appeal
from other authority, for the determ ination of his interest or right
and the amount of compensation to which he is entitled.
(3) Where a compulsory acquisition or possession of la nd effected by the
State in accordance with clause (1) of this article involves displacement of
any inhabitants, the State shall re settle the displaced inhabitants on
suitable alternative land with due rega rd for their economic well-being and
social and cultural values.
(4) Nothing in this article shall be construed as affecting the operation of
any general law so far as it provides for the taking of possession or
acquisition of property.
(a) by way of vesting or admini stration of trust property, enemy
property or the property of persons adjudged or otherwise declared
bankrupt or insolvent, persons of unsafe mind, deceased persons or
bodies corporate or unincorporated in the course of bent wound up;
(b) in the execution of a judgeme nt or order of a court; or
(c) by reason of its being in a dangerous state or injurious to the
health of human beings, animals or plants; or
(d) in consequence of any law with respect to the limitation of
(e) for so long only as may be necessary for the purpose of any
examination, investigation, trial or inquiry; or
(f) for so long as may be necessa ry for the carrying out of work on
any land for the purpose of the pr ovision of public facilities or
utilities, except that where any damage results from any such work
there shall be paid appropriate compensation.
(5) Any property compulsorily taken possession of or acquired in the
public interest or for a public purpose shall be used only in the public
interest or for the public pur pose for which it was acquired.
(6) Where the property is not used in the public interest or for the purpose
for which it was acquired, the owner of the property immediately before
the compulsory acquisition, shall be gi ven the first option for acquiring the
property and shall, on such reacquisiti on refund the whole or part of the
compensation paid to him as provided for by law or such other amount as
is commensurate with the value of the property at the time of the
(1) All persons shall have the right to –
(a) freedom of speech and expression, which shall include freedom
of the press and other media;
(b) freedom of thought, conscience and belief, which shall include
(c) freedom to practise any religion and to manifest such practice;
(d) freedom of assembly including freedom to take part in
processions and demonstrations;
(e) freedom of association, which sh all include freedom to form or
join trade unions or other associa tions, national or international, for
the protection of their interest;
(f) information, subject to such qualifications and laws as are
necessary in a democratic society;
(g) freedom of movement which m eans the right to move freely in
Ghana, the right to leave and to enter Ghana and immunity from
expulsion from Ghana.
(2) A restriction on a person’s free dom of movement by his lawful
detention shall not be held to be inconsistent with or in contravention of
(3) All citizens shall have the right and freedom to form or join political
parties and to participate in poli tical activities subject to such
qualifications and laws as are necessary in a free and democratic society
and are consistent with this Constitution.
(4) Nothing in, or done under the author ity of, a law shall be held to be
inconsistent with, or in c ontravention of, this article to the extent that the
law in question makes provision-
(a) for the imposition of restrictions by order of a court, that are
required in the interest of defence, public safety or public order, on
the movement or residence within Ghana of any person; or
(b) for the imposition of restricti ons, by order of a court, on the
movement or residence within Gh ana of any person either as a
result of his having been found gu ilty of a criminal offence under
the laws of Ghana or for the purposes of ensuring that he appears
before a court at a later date for trial for a criminal offence or for
proceedings relating to his extrad ition or lawful removal from
(c) for the imposition of restrictions that are reasonably required in
the interest of defence, public sa fety, pubic health or the running of
essential services, on the movement or residence within Ghana of
any person or persons generally, or any class of persons; or
(d) for the imposition of restricti ons on the freedom of entry into
Ghana, or of movement in Ghana, if a person who is not a citizen
of Ghana; or
(e) that is reasonably required for the purpose of safeguarding the
people of Ghana against the teaching or encourages disrespect for
the nationhood of Ghana, the national symbols and emblems, or
incites hatred against other memb ers of the community except so
far as that provision or , as the case may be, the thing done under
the authority of that law is shown not to be reasonably justifiable in
terms of the spirit of this Constitution.
(5) Whenever a person, whose freedom of movement has been restricted
by the order of a court unde r paragraph (a) of clause (4) of this article,
requests at any time during the period of that restriction not earlier than
seven days after the order was made, or three months after he last made
such request, as the case may be, his cas e shall be reviewed by that court.
(6) On a review by a court under clause (5) of this article, the court may,
subject to the right of appeal from its decision, make such order for the
continuation or termination of the rest riction as it considers necessary or
(1) A spouse shall not be deprived of a reasonable provision out of the
estate of a spouse whether or not the spouse died having made a will.
(2) Parliament shall, as soon as prac ticable after the coming into force of
this Constitution, enact legislation regulating the property rights of
(3) With a view to achieving the full r ealisation of the rights referred to in
clause (2) of this article –
(a) spouses shall have equal access to property jointly acquired during
(b) assets which are jointly acquired during marriage shall be distributed
equitably between the spouses upon dissolution of the marriage.
Administrative bodies and administrative officials shall act fairly and
reasonably and comply with the requirements imposed on them by law
and persons aggrieved by the exercise of such acts and decisions shall
have the right to seek redress be fore a court or other tribunal.
(1) Every person has the right to work under satisfactory, safe and healthy
conditions, and shall receiv e equal pay for equal work without distinction
of any kind.
(2) Every worker shall be assured of rest, leisure and reasonable limitation
of working hours and periods of holidays with pay, as well as
remuneration for public holidays.
(3) Every worker has a right to form or join a trade union of his choice for
the promotion and protection of hi s economic and social interests.
(4) Restrictions shall not be placed on the exercise of the right conferred
by clause (3) of this article except restrictions prescribed by law and
reasonably necessary in the interest of national security or public order or
for the protection of the ri ghts and freedoms of others.
(1) All persons shall have the right to equal educational opportunities and
facilities and with a view to achieving the full realisation of that right –
(a) basic education shall be free, compulsory and available to all;
(b) secondary education in its different forms, including technical
and vocational education, shall be made generally available and
accessible to all by every appropriate means, and in particular, by
the progressive introduction of free education;
(c) higher education shall be made equally accessible to all, on the
basis of capacity, by every appropria te means, and in particular, by
progressive introductio n of free education;
(d) functional literacy shall be enco uraged or intensified as far as
(e) the development of a system of schools with adequate facilities
at all levels shall be actively pursued.
(2) Every person shall have the right, at his own expense, to establish and
maintain a private school or schools at all levels and of such categories
and in accordance with such conditions as may be provided by law.
(1) Every person is entitled to enjoy, practise, profess, maintain and
promote any culture, language, trad ition or religion subject to the
provisions of this Constitution.
(2) All customary practices which dehumanise or are injurious to the
physical and mental well-bei ng of a person are prohibited.
(1) Special care shall be accorded to mothers during a reasonable period
before and after child-birth; and du ring those periods, working mothers
shall be accorded paid leave.
(2) Facilities shall be provided for the care of children below school
age to enable women, who have the traditional care for children, realise
their full potential.
(3) Women shall be guaranteed equal rights to training and promotion
without any impediments from any person.
(1) Parliament shall enact such laws as are necessary to ensure that –
(a) every child has the right to the same measure of special care,
assistance and maintenance as is necessary for its development
from its natural parents, ex cept where those parents have
effectively surrendered their right s and responsibilities in respect
of the child in accordance with law;
(b) every child, whether or not born in wedlock, shall be entitled to
reasonable provision out of th e estate of its parents;
(c) parents undertake their natura l right and obligation of care,
maintenance and upbringing of thei r children in co-operation with
such institutions as Parliament may, by law, prescribe in such
manner that in all cases the interest of the children are paramount;
(d) children and young persons rece ive special protection against
exposure to physical and moral hazards; and
(e) the protection and advancement of the family as the unit of
society are safeguarded in promo tion of the interest of children.
(2) Every child has the right to be pr otected from engaging in work that
constitutes a threat to his hea lth, education or development.
(3) A child shall not be subjected to torture or other cruel, inhuman or
degrading treatment or punishment.
(4) No child shall be deprived by any other person of medical treatment,
education or any other social or economic benefit by reason only of
religious or other beliefs.
(5) For the purposes of this article, “child” means a person below the age
of eighteen years.
(1) Disabled persons have the right to live with their families or with
foster parents and to participate in social, creative or recreational
(2) A disabled person shall not be su bjected to differential treatment in
respect of his residence ot her than that required by his condition or by the
improvement which he may derive from the treatment.
(3) If the stay of a disabled pers on in a specialised establishment is
indispensable, the environment and living conditions there shall be as
close as possible to those of the normal life of a person of his age.
(4) Disabled persons shall be prot ected against all exploitation, all
regulations and all treatment of a di scriminatory, abusive or degrading
(5) In any Judicial proceedings in wh ich a disabled person is a party, the
legal procedure applied shall take hi s physical and mental condition into
(6) As far as practicable, every place to which the public have access shall
have appropriate faciliti es for disabled persons.
(7) Special incentive shall be given to disabled persons engaged in
business and also to business organisa tions that employ disabled persons
in significant numbers.
(8) Parliament shall enact such laws as are necessary to ensure the
enforcement of the provisions of this article.
A person who by reason of sickness or any other cause is unable to give
his consent shall not be deprived by any other person of medical
treatment, education or any other social or economic benefit by reason
only of religious or other beliefs.
(1) The President may, acting in accord ance with the advice of the Council
of State, by Proclamation published in th e Gazette, declare that a state of
emergency exists in Ghana or in any part of Ghana for the purposes of the
provisions of this Constitution.
(2) Notwithstanding any other provis ion of this article, where a
proclamation is published under clause (1 ) of this article, the President
shall place immediately before Parlia ment, the facts and circumstances
leading to the declaration of the state of emergency.
(3) Parliament shall, within seve nty-two hours after being so notified,
decide whether the proclamation should remain in force or should be
revoked; and the President shall act in accordance with the decision of
(4) A declaration of a state of emergenc y shall cease to have effect at the
expiration of a period of seven days beginning with the date of publication
of the declaration, unless, before th e expiration of that period, it is
approved by a resolution passed for th at purpose by a majority of all the
members of Parliament.
(5) Subject to clause (7) of this article, a declaration of a state of
emergency approved by a resolution of Pa rliament under clause (4) of this
article shall continue in force until the expiration of a period of three
months beginning with the date of its being so approved or until such
earlier date as many be sp ecified in the resolution.
(6) Parliament may, by resolution passed by a majority of all members of
Parliament, extend its approval of the declaration for periods of not more
than one month at a time.
(7) Parliament may, by a resolution passed by a majority of all the
members of Parliament, at any time, revoke a declaration of a state of
emergency approved by Parliament under this article.
(8) For the avoidance of doubt, it is he reby declared that the provisions of
any enactment, other than an Act of Parliament, dealing with a state of
emergency declared under clause (1) of this article shall apply only to that
part of Ghana where the emergency exists.
(9) The circumstances under which a st ate of emergency may be declared
under this article include a natural disaster and any situation in which any
action is taken or is i mmediately threatened to be taken by any person or
body of persons which –
(a) is calculated or likely to deprive the community of the
essentials of life; or
(b) renders necessary the taking of measures which are required for
securing the public safety, th e defence of Ghana and the
maintenance of public order and of supplies and services essential
to the life of the community.
(10) Nothing in, or done under the authority of, an Act of Parliament shall
be held to be inconsistent with, or in contravention of, articles 12 to 30 of
this Constitution to the period when a state of emergency is in force, of
measures that are reasonably justifia ble for the purposes of dealing with
the situation that exists during that period.
(1) Where a person is restricted or detained by virtue of a law made
pursuant to a declaration of a state of emergency, the following provisions
(a) he shall as soon as practicable, and in any case not later than
twenty-four hours after the commen cement of the restriction or
detention, be furnished with a st atement in writing specifying in
detail the grounds upon which he is restricted or detained and the
statement shall be read or interpreted to the person restricted or
(b) the spouse, parent, child or ot her available next of kin of the
person restricted or detained shall be informed of the detention or
restriction within twenty-four hours after th e commencement of the
detention or restriction and be permitted access to the person at the
earliest practicable opportunity, and in any case within twenty-four
hours after the commencement of the restriction or detention;
(c) not more than ten days after the commencement of his
restriction or detenti on, a notification shall be published in the
Gazette and in the media stating th at he had been restricted or
detained and giving particulars of the provision of law under which
his restriction or detention is authorised and the grounds of his
restriction or detention;
(d) not more than ten days afte r commencement of his restriction
or detention, and after that, during his restriction or detention, at
intervals of not more than three months, his case shall be reviewed
by a tribunal composed of not less than three Justices of the
Superior Court of Judicature appo inted by the Chief Justice; except
that the same tribunal shall not review more than once the case of a
person restricted or detained;
(e) he shall be afforded every possi ble facility to consult a lawyer
of his choice who shall be permitted to make representations to the
tribunal appointed for the review of the case of the restricted or
(f) at the hearing of his case, he shall be permitted to appear in
person or by a lawyer of his choice.
(2) On a review by a tribunal of the case of a restricted or detained person,
the tribunal may order the release of the person and the payment to him of
adequate compensation or uphold th e grounds of his restriction or
detention; and the authority by whic h the restriction or detention was
ordered shall act accordingly.
(3) In every month in which there is a sitting of parliament, a Minister of
State authorised by the President, sha ll make report to Parliament of the
number of persons restricted or deta ined by virtue of such a law as is
referred to in clause (10) of articl e 31 of this Constitution and the number
of cases in which the authority that or dered the restriction or detention has
acted in accordance with the decision s of the tribunal appointed under this
(4) Notwithstanding clause (3) of this article, the Minister referred to in
that clause shall publish every month in the Gazette and in the media.
(a) the number and the names and addresses of the persons
restricted or detained;
(b) the number of cases reviewed by the tribunal; and
(c) the number of cases in which the authority which ordered the
restriction or detention has acted in accordance with the decisions
of the tribunal appoint ed under this article.
(5) For the avoidance of doubt, it is hereby declared that at the end of an
emergency declared under clause (1) of article 31 of this Constitution, a
person in restriction or detention or in custody as a result of the
declaration of the emergency sh all be released immediately.
Protection of Rights by the Court
(1) Where a person alleges that a provision of this Constitution on the
fundamental human rights and freedoms ha s been, or is being or is likely
to be contravened in relation to him, then, without prejudice to any other
action that is lawfully available, th at person may apply to the High Court
(2) The High Court may, under clause (1) of this article, issue such
directions or orders or wr its including rites or orders in the nature of herbs
as corpus, certiorari, mandamus, prohibition, and quo warrant as it may
consider appropriate for the purpos es of enforcing or securing the
enforcement of any of the provisions on the fundamental human rights and
freedoms to the protection of whic h the person concerned is entitled.
(3) A person aggrieved by a determin ation of the High Court may appeal
to the Court of Appeal with the right of a furthe r appeal to the Supreme
(4) The Rules of Court Committee may ma ke rules of court with respect to
the practice and procedure of the Superi or Courts for the purposes of this
(5) The rights, duties, declaratio ns and guarantees relating to the
fundamental human rights and freedoms specifically mentioned in this
Chapter shall not be regarded as excluding others not specifically
mentioned which are considered to be inherent in a democracy and
intended to secure the freedom and dignity of man.