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Chapter Three: Public Freedoms, Rights and Duties


All citizens are equal before the law. They have equal public rights and duties without discrimination due to sex, ethnic origin, language, religion or creed.

Art.41:   Individual freedom is a natural right not subject to violation except in cases of flagrante delicto. No person may be arrested, inspected, detained or have his freedom restricted in any way or be prevented from free movement except by an order necessitated by investigations and the preservation of public security. This order shall be given by the competent judge or the Public Prosecution in accordance with the provisions of the law.
Art.42:   Any citizen arrested, detained or whose freedom is restricted shall be treated in a manner concomitant with the preservation of his dignity. No physical or moral harm is to be inflicted upon him. He may not be detained or imprisoned except in places defined by laws organizing prisons. If a confession is proved to have been made by a person under any of the aforementioned forms of duress or coercion, it shall be considered invalid and futile.
Art.43:   Any medical or scientific experiment may not be performed on any person without his free consent.
Art.44:   Homes shall have their sanctity and they may not be entered or inspected except by a causal judicial warrant as prescribed by the law.
Art.45:   The law shall protect the inviolability of the private life of citizens. Correspondence, wires, telephone calls and other means of communication shall have their own sanctity and their secrecy shall be guaranteed. They may not be confiscated or monitored except by a causal judicial warrant and for a definite period and according to the provisions of the law.
Art.46:   The State shall guarantee the freedom of belief and the freedom of practising religious rights.
Art.47:   Freedom of opinion shall be guaranteed. Every individual shall have the right to express his opinion and to publicise it verbally, in writing, by photography or by other means of expression within the limits of the law. Self criticism and constructive criticism shall guarantee the safety of the national structure.
Art.48:   Liberty of the press, printing, publication and mass media shall be guaranteed . Censorship on newspapers shall be forbidden as well as notifying, suspending or cancelling them by administrative methods. In a state of emergency or in time of war, a limited censorship maybe imposed on the newspapers, publications and mass media in matters related to public safety or for purposes of national security in accordance with the law.
Art.49:   The State shall guarantee for citizens the freedom of scientific research and literary, artistic and cultural creativity and provide the necessary means for encouraging their realization.
Art.50:   No citizen shall be prohibited form residing in any place or be forced to reside in a particular place except in cases defined by law.
Art.51:   No citizen may be deported from the country or prevented from returning to it.
Art.52:   Citizens shall have the right to permanent or temporary emigration The law shall regulate this right and the measures and conditions of emigration.
Art.53:   The right to political asylum shall be granted by the State to every foreigner persecuted for defending the people’s interests, human rights, peace or justice . The extradition of political refugees shall be prohibited.
Art.54:   Citizens shall have the right to peaceful and unarmed private assembly, without the need for prior notice. Such private meetings should not be attended by security men. Public meetings, processions and gatherings shall be allowed within the limits of the law.
Art.55:   Citizens shall have the right to form societies as defined by law. The establishment of societies whose activities are hostile to the social system, clandestine or have a military character shall be prohibited.
Art.56:   The creation of syndicates and unions on democratic basis shall be guaranteed by law and shall have a legal person. The law regulates the participation of syndicates and unions in carrying out the social plans, and programmes raising the standard of efficiency, consolidating socialist behaviour among their members, and safeguarding their funds. They are responsible for questioning their members about their behaviour in exercising their activities according to certain codes of morals, and for defending the rights and liberties of their members as defined by law.
Art.57:   Any assault on individual freedom or on the inviolability of the private life of citizens and any other public rights and liberties guaranteed by the Constitution and the law shall be considered a crime, whose criminal and civil lawsuit is not liable to prescription. The State shall grant a fair compensation to the victim of such an assault.
Art.58:   Defence of the motherland is a sacred duty and conscription shall be obligatory in accordance with the law.
Art.59:   Safeguarding, consolidating and preserving the socialist gains shall be a national duty.
Art.60:   Safeguarding national unity and keeping State secrets shall be the duty of every citizen.
Art.61:   Payment of taxes and public imposts is a duty as defined by law.
Art.62:   Citizen shall have the right to vote, nominate and express their opinions in referenda according to the provisions of the law. Their participation in public life is a national duty.
Art.63:   Every individual shall have the right to address public authorities in writing and with his own signature. Addressing public authorities should not be in the name of groups with the exception of disciplinary organs and legal person.
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