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Article 43: The right to life is inviolable. No law shall provide for the death penalty and no authority shall apply the same. The State shall protect the life of persons who are deprived of liberty, serving in the armed forces or civilian services, or otherwise subject to its authority.
Article 44: Personal liberty is inviolable, therefore:
- (1) No person shall be arrested or detained except by virtue of a court order, unless such person is caught in fraganti. In the latter case, such person must be brought before a judge within forty-eight hours of his or her arrest. He or she shall remain free during trial, except for reasons determined by law and assessed by the judge on a case-by-case basis.
- (2) The bail as required by law for the release of a detainee shall not be subject to tax of any kind.
- (3) Any person under arrest has the right to communicate immediately with members of his or her family, an attorney or any other person in whom he or she reposes trust, and such persons in turn have the right to be informed where the detainee is being held, to be notified immediately of the reasons for the arrest and to have a written record inserted into the case file concerning the physical or mental condition of the detainee, either by himself or herself, or with the aid of specialists. The competent authorities shall keep a public record of every arrest made, including the identity of the person arrested, the place, time, circumstances and the officers who made the arrest.
- (4) In the case of the arrest of foreign nationals, applicable provisions of international treaties concerning consular notification shall also be observed.
- (5) The penalty shall not extend beyond the person of the convicted individual. No one shall be sentenced to perpetual or humiliating penalties. Penalties consisting of deprivation of liberty shall not exceed 30 years.
- (6) Any authority taking measures involving the deprivation of liberty must identify himself or herself.
