(2)
No persons may be discriminated against on the grounds of sex, race, colour,
ethnic origin, religion, creed or social or economic status.
Article 11 Arrest and Detention
(1)
No persons shall be subject to arbitrary arrest or detention.
(2)
No persons who are arrested shall be detained in custody without being informed
promptly in a language they understand of the grounds for such arrest.
(3)
All persons who are arrested and detained in custody shall be brought before the
nearest Magistrate or other judicial officer within a period of forty-eight (48) hours
of their arrest or, if this is not reasonably possible, as soon as possible thereafter,
and no such persons shall be detained in custody beyond such period without the
authority of a Magistrate or other judicial officer.
(4)
Nothing contained in Sub-Article (3) hereof shall apply to illegal immigrants held
in custody under any law dealing with illegal immigration: provided that such
persons shall not be deported from Namibia unless deportation is authorised by
a Tribunal empowered by law to give such authority.
(5)
No persons who have been arrested and held in custody as illegal immigrants
shall be denied the right to consult confidentially legal practitioners of their choice,
and there shall be no interference with this right except such as is in accordance
with the law and is necessary in a democratic society in the interest of national
security or for public safety.
Article 12 Fair Trial
(1)
Ta ble of Conten ts
(a)
In the determination of their civil rights and obligations or any criminal
charges against them, all persons shall be entitled to a fair and public
hearing by an independent, impartial and competent Court or Tribunal
established by law: provided that such Court or Tribunal may exclude the
press and/or the public from all or any part of the trial for reasons of morals,
the public order or national security, as is necessary in a democratic
society.
(b)
A trial referred to in Sub-Article (a) hereof shall take place within a
reasonable time, failing which the accused shall be released.
(c)
Judgments in criminal cases shall be given in public, except where the
interests of juvenile persons or morals otherwise require.
(d)
All persons charged with an offence shall be presumed innocent until
proven guilty according to law, after having had the opportunity of calling
witnesses and cross-examining those called against them.
(e)
All persons shall be afforded adequate time and facilities for the preparation
and presentation of their defence, before the commencement of and during
their trial, and shall be entitled to be defended by a legal practitioner of their
choice.
(f)
No persons shall be compelled to give testimony against themselves or
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