THE FEDERAL REPUBLIC OF SOMALIA
(3)
Every person arrested or detained shall have the right for his or her family and relatives to be
informed of his or her situation.
(4)
A person may not be compelled to self-incriminate, and a verdict may not be based on evidence
acquired by means of coercion.
(5)
Every person who is arrested has the right to be brought before a competent court within 48 hours
of the arrest.
(6)
Every person who is arrested or detained has the right to choose, and to consult with, a legal
practitioner and if he or she cannot afford one, the State must appoint a legal practitioner for him
or her.
(7)
Every person brought before a court of law for an alleged criminal offence is entitled to a fair trial.
(8)
The accused has the right to be present at their trial.
(9)
The accused has the right to challenge the evidence presented against him or her.
(10) The accused has the right to an interpreter if the accused person does not understand the language
being used in the court.
(11) The accused cannot be kept in an illegal detention centre, and must be granted visits by his or her
family, doctor or lawyer.
(12) Criminal liability is a personal matter and no person may be convicted of a criminal offence for an
act committed by another person.
(13) No person may be convicted of a crime for committing an act that was not an offence at the time it
was committed, unless it is a crime against humanity under international law.
Article 36.
Extradition of the Accused and Criminals
(1)
Any person who has been accused or convicted may be extradited only in a manner prescribed by law
and on the basis of an international treaty or convention which the Federal Republic of Somalia is
party to, and which obliges the Federal State of Somalia to extradite the accused or convicted.
(2)
Any accused or convicted person shall be extradited only in accordance with international law and
practice, and on the basis of legislation governing extradition, which has been passed by the Federal
Parliament.
Article 37.
Refugees and Asylum
(1)
Every person who has sought refuge in the Federal Republic of Somalia has the right not to be
returned or taken to any country in which that person has a well-founded fear of persecution.
(2)
The Federal Parliament shall enact legislation in compliance with international law, regulating
refugees and asylum seekers.
Article 38.
Limitation of Rights
(1)
The rights set out in this Chapter may be limited by law, provided that the law is not targeted at
any particular individuals or groups.
(2)
A right may be limited by law, or by specific exceptions in this Chapter, only if that limitation is
demonstrably reasonable and justified according to the values underlying this Constitution.
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