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Consititutional Law Of Afghanistan- Part 03

  1/18/2014


Article 26
Crime is a personal action. The prosecution, arrest, and detention of an accused and the execution of penalty can not affect another person.

Article 27
No act is considered a crime, unless determined by a law adopted prior to the date on which the offense is committed.
No person can be pursued, arrested or detained but in accordance with provisions of law.
No person can be punished but in accordance with the decision of an authorized court and in conformity with the law adopted before the date of offense.

Article 28
No citizen of Afghanistan accused of a crime can be extradited to a foreign state unless according mutual agreement and international conventions that Afghanistan has joined.
No Afghan would be sentenced to deprivation of citizenship or to exile inside the country or abroad.

Article 29
Torture of human beings is prohibited.
No person, even with the intention of discovering the truth, can resort to torture or order the torture of another person who may be under prosecution, arrest, or imprisoned or convicted to punishment. Punishment contrary to human integrity is prohibited.

Article 30
Any statement, testimony, or confession obtained from an accused or of another person by means of compulsion are invalid. Confession to a crime is: a voluntary confession before an authorized court by an accused in a sound state of mind.

Article 31
Every person upon arrest can seek an advocate to defend his rights or to defend his case for which he is accused under the law. The accused upon arrest has the right to be informed of the attributed accusation and to be summoned to the court within the limits determined by law. In criminal cases, the state shall appoint an advocate for a destitute. The duties and authorities of advocates shall be regulated by law.

Article 32
Being in debt does not limit a person's freedom or deprive him of his liberties. The mode and means of recovering a debt shall be regulated by law.

Article 33
The citizens of Afghanistan have the right to elect and be elected. Law regulates the conditions and means to exercise this right.

Article 34
Freedom of expression is inviolable. 
Every Afghan has the right to express his thought through speech, writing, or illustration or other means, by observing the provisions stated in this Constitution.
Every Afghan has the right to print or publish topics without prior submission to the state authorities in accordance with the law.
The law will regulate directives related to printing house, radio, television, press, and other mass media.

Article 35
The citizens of Afghanistan have the right to form social organizations for the purpose of securing material or spiritual aims in accordance with the provisions of the law.
The citizens of Afghanistan have the right to form political parties in accordance with the provisions of the law, provided that:
1. The program and charter of the party are not contrary to the principles of sacred religion of Islam, and the provisions and values of this Constitution. 2. The organizational structure and financial sources of the party are made public. 
3. The party does not have military or paramilitary aims and structures. 
4. Should have no affiliation to a foreign political party or sources.
Formation and functioning of a party based on ethnicity, language, religion and region is not permissible.
A party set up in accordance with provisions of the law shall not be dissolved without lawful reasons and the decision of an authorized court.

Article 36
The citizens of Afghanistan have the right to un-armed demonstrations, for legitimate peaceful purposes.

Article 37
Confidentiality and freedom of correspondence and communication whether in the form of letters or through telephone, telegraph and other means, are immune from invasion.
The state does not have the right to inspect personal correspondence and communication unless authorized by the provisions of law.

Article 38
A person's residence is immune from invasion.
Other than the situations and methods indicated in the law, no one, including the state, are allowed to enter or inspect a private residence without prior permission of the resident or holding a court order.
In case of an evident crime, an official in-charge of the situation can enter or conduct a house search prior to the permission of the court.
The official involved in the situation is required to obtain a subsequent court order for the house search within the period indicated by law.

Article 39
Every Afghan has the right to travel or settle in any part of the country except in the regions forbidden by law.
Every Afghan has the right to travel abroad and return home in accordance with the provisions of law.
The state shall protect the rights of the citizens of Afghanistan abroad.

Article 40
Property is immune from invasion.
No person shall be forbidden from acquiring and making use of a property except within the limits of law.
No body's property shall be confiscated without the provisions of law and the order of an authorized court.
Acquisition of a person's property, in return for a prior and just compensation within the bounds of law, is permitted only for securing public interests in accordance with the provisions of law.
Inspection and disclosure of a private property are carried out only in accordance with the provisions of law.







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