(5) Any person shall be entitled to be tried in his/her presence
in any criminal charge without undue delay; the law shall
regulate trial in absentia.
(6) Any accused person has the right to defend himself/herself
in person or through a lawyer of his/her own choice and to
have legal aid assigned to him/her by the State where
he/she is unable to defend himself/herself in serious
offences.
Right to Litigation
35 The right to litigation shall be guaranteed for all persons; no
person shall be denied the right to resort to justice.
Restriction on Death Penalty
36 (1) No death penalty shall be imposed, save as retribution,
hudud or punishment for extremely serious offences in
accordance with the law.
(2) The death penalty shall not be imposed on a person under
the age of eighteen or a person who has attained the age of
seventy except in cases of retribution or hudud.
(3) No death penalty shall be executed upon pregnant or
lactating women, save after two years of lactation.
Privacy
37 The privacy of all persons shall be inviolable; no person shall be
subjected to interference with his/her private life, family, home
or correspondence, save in accordance with the law.
Freedom of Creed and Worship
38 Every person shall have the right to the freedom of religious
creed and worship, and to declare his/her religion or creed and
manifest the same, by way of worship, education, practice or
performance of rites or ceremonies, subject to requirements of
law and public order; no person shall be coerced to adopt such
faith, that he/she does not believe in, nor to practice rites or
services to which he/she does not voluntarily consent.
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