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• Prohibition of cruel treatment
• Prohibition of torture
PDF generated: 23 May 2016, 16:14
No one may be submitted to torture or to cruel, inhuman or degrading penalties or
treatments.
In particular, it is prohibited to submit a person without their free consent to a
medical or scientific experiment.
• Protection from unjustified restraint
Article 9
All persons have the right to liberty and may not be subject to arrest or arbitrary
detention.
No one may be prosecuted, arrested or detained except in cases determined by the
law and accordingly to the forms prescribed by it.
• Protection from false imprisonment
• Freedom of assembly
• Freedom of association
• Freedom of expression
• Freedom of religion
• Freedom of opinion/thought/conscience
• Freedom of press
• Right to information
Any individual made a victim of illegal arrest or detention has the right to reparation.
Article 10
The freedoms of opinion and of expression, of communication, of the press, of
association, of assembly, of circulation, of conscience and of religion are guaranteed
to all and may only be limited by the respect for the freedoms and rights of others,
and by the imperative of safeguarding the public order, the national dignity and the
security of the State.
Article 11
Any individual has the right to information.
Information under all its forms is not submitted to any prior constraint, except that
which infringes the public order and the morality.
The freedom of information, whatever the medium, is a right. The exercise of this
right includes duties and responsibilities, and is submitted to certain formalities,
conditions, or sanctions specified by the law, which are the measures necessary in a
democratic society.
All forms of censorship are prohibited.
The law organizes the exercise of the profession of journalist.
Article 12
Any resident Malagasy has the right to leave the national territory and to return to it
within the conditions established by the law.
• Freedom of movement
• Right to fair trial
All individuals have the right to circulate and to establish themselves freely on all the
territory of the Republic within respect for the rights of others and the prescriptions
of the law.
Article 13
• Right to privacy
Any individual is assured of the inviolability of their person, their domicile and of the
secrecy of their correspondence.
• Regulation of evidence collection
No search may take place except by virtue of the law and on written order of the
competent judicial authority, except in the case of flagrante delicto.
• Protection from ex post facto laws
• Principle of no punishment without law
No one may be punished except by virtue of a law promulgated and published prior
to the commission of the punishable act.
• Prohibition of double jeopardy
No one may be punished twice for the same act.
Madagascar 2010
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