Page:British and Foreign State Papers, vol. 144 (1952).djvu/309

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action derived from them can be suspended in a case of serious national crisis, for such time as is reasonably necessary, by means of the same procedure and subject to the impugnability referred to in the first paragraph of the preceding Article.

24. Confiscation of property is prohibited. No one can be deprived of his property except by competent judicial authority and for a justified cause of public utility or social interest, and always after payment of the appropriate indemnity in cash, judicially fixed. Non-compliance with these conditions shall determine the right of the person whose property has been expropriated, to be protected by the courts, and, if the case calls for it, to have his property restored to him.

The reality of the cause of public utility or social interest, and the need for the expropriation, shall be decided by the courts in case of doubt.

25. The death penalty cannot be imposed. Exception is made as to members of the armed forces, for crimes of a military character, and as to persons guilty of treason, or of espionage in favour of the enemy at a time of war with a foreign nation.

26. The Law of Criminal Procedure shall establish the guarantees that are necessary in order that every crime may be proved independently of the testimony of the accused, the spouse and also the relatives thereof to the fourth degree of consanguinity and second degree of affinity. The accused shall be considered innocent until a condemnatory sentence is issued against him.

In all cases, the authorities and their agents shall make a record of the arrest, which shall be signed by the person arrested, who shall be informed, by the authority who ordered it, of the reason for it and the place to which he is going to be taken, all of these details being entered on the record.

Registers of arrested persons and prisoners are public.

Every act against the personal integrity, safety or honour of an arrested person shall be attributed to those who apprehend or guard him, in the absence of proof to the contrary. A subordinate can refuse to comply with orders which violate this guarantee. A guard who uses arms against an arrested person or a prisoner who attempts flight, shall be necessarily blamed and responsible, according to law, for the crime that he commits.