Fundamental rights and freedoms of the individual
11
Whereas every person in Barbados is entitled to the fundamental rights and
freedoms of the individual, that is to say, the right, whatever his race, place
of origin, political opinions, color, creed or sex, but subject to respect for
the rights and freedoms of others and for the public interest, to each and all
of the following, namely -
- life, liberty and security of the person;
- protection for the privacy of his home and other property and from
deprivation of property without compensation;
- the protection of the law; and
- freedom of conscience, of expression and of assembly and association,
the following provisions of this Chapter shall have effect for the purpose of
affording protection to those rights and freedoms subject to such limitations of
that protection as are contained in those provisions, being limitations designed
to ensure that the enjoyment of the said rights and freedoms by any individual
does not prejudice the rights and freedoms of others or the public
interest.
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Protection of right to life
12.1
No person shall be deprived of his life intentionally save in execution of
the sentence of a court in respect of a criminal offense under the law of
Barbados of which he has been convicted.
12.2
A person shall not be regarded as having been deprived of his life in
contravention of this section if he dies as the result of the use, to such
extent and in such circumstances as re permitted by law, of such force as is
reasonably justifiable -
- for the defence of any person from violence or for the defence of
property;
- in order to effect a lawful arrest or to prevent the escape of a person
lawfully detained;
- in order lawfully to prevent the commission by that person of a criminal
offense,
or if he dies as the result of a lawful act of war.
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Protection of right to personal liberty
13.1
No person shall be deprived of his personal liberty save as may be authorized
by law in any of the following cases, that is to say -
- in consequence of his unfitness to plead to a criminal charge or in
execution of the sentence or order of a court, whether established for
Barbados or some other country, in respect of a criminal offense of which he
has been convicted;
- in execution of an order of the High Court or the Court of Appeal or such
other court as may be prescribed by Parliament punishing him for contempt of
any such court or of another court or tribunal;
- in execution of the order of a court made to secure the fulfillment of any
obligation imposed on him by law;
- for the purpose of bringing him before a court in execution of the order
of a court;
- upon reasonable suspicion of his having committed, or being about to
commit, a criminal offense under the law of Barbados;
- in the case of a person who has not attained the age of twenty-one years,
under the order of a court or with the consent of his parent or guardian, for
the purpose of his education or welfare;
- for the purpose of preventing the spread of an infectious or contagious
disease;
- in the case of a person who is, or is reasonably suspected to be, of
unsound mind, addicted to drugs or alcohol, or a vagrant, for the purpose of
his care or treatment or the protection of the community;
- for the purpose of preventing the unlawful entry of that person into
Barbados, or for the purpose of effecting the expulsion, extradition or other
lawful removal of that person from Barbados or for the purpose of restricting
that person while he is being conveyed through Barbados in the course of his
extradition or removal as a convicted prisoner form one country to another; or
- to such extent as may be necessary in the execution of a lawful order
requiring that person to remain within a specified area within Barbados or
prohibiting him from being within such an area, or to such extent as may be
reasonably justifiable for the taking of proceedings against that person with
a view to the making of any such order or relating to such an order after it
has been made or to such extent as may be reasonably justifiable for
restraining that person during any visit that he is permitted to make to any
part of Barbados in which, in consequence of any such order, his presence
would otherwise be unlawful.
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13.2
Any person who is arrested or detained shall be informed as soon as
reasonably practicable, in a language that he understands, of the reasons for
his arrest or detention and shall be permitted, at his own expense, to retain
and instruct without delay a legal adviser of his own choice, being a person
entitled to practice in Barbados as a barrister or solicitor, and to hold
private communication with him; and in the case of a person who has not attained
the age of sixteen years he shall also be afforded a reasonable opportunity for
communication with his parent or guardian.
13.3
Any person who is arrested or detained -
- for the purpose of bringing him before a court in execution of the order
of a court; or
- upon reasonable suspicion of his having committed or being about to commit
a criminal offense. and who is not released, shall be brought before a court
as soon as is reasonably practicable; and if any person arrested or detained
upon reasonable suspicion of his having committed or being about to commit a
criminal offense is not tried within a reasonable time, then, without
prejudice to any further proceedings which may be brought against him, he
shall be released either unconditionally or upon reasonable conditions,
including in particular such conditions as are reasonably necessary to ensure
that he appears at a later date for trial or for proceedings preliminary to
trial.
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13.4
Any person who is unlawfully arrested or detained by any other person shall
be entitled to compensation therefor from that other person.
13.5
Nothing contained in or done under the authority of any law shall be held to
be inconsistent with or in contravention of the foregoing provisions of this
section to the extent that the law in question authorizes the taking during a
period of public emergency of measures that are reasonably justifiable for the
purpose of dealing with the situation that exists during that period of public
emergency.
13.6
Where a person is detained by virtue of such a law as is referred to in
subsection (5), the following provisions shall apply -
- he shall, as soon as reasonably practicable and in any case not more than
five days after the commencement of his detention, be furnished with a
statement in writing, in a language that he understands, of the grounds upon
which he is detained;
- not more that fourteen days after the commencement of his detention, a
notification shall be published in the Gazette stating that he has been
detained and giving particulars of the provision of law under which his
detention is authorized;
- he may from time to time request that his case be reviewed under paragraph
(d) but, where he has made such a request, no subsequent request shall be made
before the expiration of three months from the making of the previous request;
- where a request is made under paragraph (c), the case shall, within one
month of the making of the request, be reviewed by an independent and
impartial tribunal established by law and presided over by a person appointed
by the Chief Justice from among persons entitled to practice in Barbados as
barristers or solicitors; and
- he shall be afforded reasonable facilities to consult and instruct, at his
own expense, a legal adviser of his own choice, being a person entitled to
practice as aforesaid, and he and any such legal adviser shall be permitted to
make written or oral representations or both to the tribunal appointed for the
review of his case.
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13.7
On any review by a tribunal in pursuance of subsection (6) of the case of any
detained person, the tribunal may make recommendations concerning the necessity
or expediency of continuing his detention to the authority by whom it was
ordered, but, unless it is otherwise provided by law, that authority shall not
be obliged to act in accordance with any such recommendations.
13.8
When any person is detained by virtue of such a law as is referred to in
subsection (5) the Prime Minister or a Minister authorized by him shall, not
more than thirty days after the commencement of the detention and thereafter not
more than thirty days after the making of the previous report, make a report to
each House stating the number of persons detained as aforesaid and the number of
cases in which the authority that ordered the detention has not acted in
accordance with the recommendations of a tribunal appointed in pursuance of
subsection (6):
Provided that in reckoning any period of thirty days for the purposes of this
subsection no account shall be taken of any period during which Parliament
stands prorogued or dissolved.
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