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Chapter 4, Part 2 · Art. 51

Rights of persons detained, held in custody or imprisoned

  • Even if you are detained or in prison, you keep your rights in the Bill of Rights.
    Art. 51(1)

    (1) A person who is detained, held in custody or imprisoned under the law, retains all the rights and fundamental freedoms in the Bill of Rights, except to the extent that any particular right or a fundamental freedom is clearly incompatible with the fact that the person is detained, held in custody or imprisoned.

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  • If you are detained, you can ask a court for a habeas corpus order (an order to bring you before a court).
    Art. 51(2)

    (2) A person who is detained or held in custody is entitled to petition for an order of habeas corpus.

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