constituteproject.org PDF generated: 04 Jan 2016, 20:27 TITLE II: OF THE RIGHTS AND DUTIES OF THE HUMAN PERSON • Prohibition of capital punishment • General guarantee of equality Article 10 The human person is sacred. The State has the obligation to respect it and to protect it. All human beings are equal before the law. No one may be condemned to the penalty of death. • Right to life Every individual has the right to life, to the liberty, to the security and to the integrity of his person. • Protection from ex post facto laws • Protection from unjustified restraint • Principle of no punishment without law No one may be prosecuted, arrested, inculpated or condemned except by virtue of a law promulgated prior to the acts of which he is accused. • Presumption of innocence in trials All accused persons are presumed innocent until their culpability has been established by the competent jurisdiction. • Right to counsel The right to a defense, and including that of assistance by the attorney of one's own choice, is guaranteed at all the stages of the procedure. Any person made the object of a measure deprivative of his liberty has the right to be examined by a doctor of his choice. No one may be detained in a penal establishment except on an order delivered by a magistrate of the judicial order. • Freedom of religion • Freedom of opinion/thought/conscience Article 11 Every person has the right to the freedom of thought, of conscience, of religion, of worship and of opinion within respect for the order established by the law and the regulations. Article 12 • Protection from expropriation • Right to own property The right to property is guaranteed by this Constitution. It may not be infringed except in the case of public necessity legally established, under reserve of a just and prior indemnity. • Inalienable rights • Right to privacy The domicile is inviolable. It may only be subjected to intrusions or searches in the forms and conditions specified by the law. The measures infringing the inviolability of the domicile or circumventing it may only be taken to respond to a collective danger or to protect persons in peril of death. • Inalienable rights • Right to privacy Article 13 The secrecy of correspondence and of all other means of communication is inviolable. Restriction of this inviolability may only be ordered in application of the law. Article 14 • Freedom of movement Djibouti 1992 (rev. 2010) All the citizens of the Republic have the right to move themselves and to establish themselves freely on the entire extent of the Republic. This right may only be limited by the law. Page 5