Chapter 2

Human and Civil Rights and Freedoms



Article 11


The Republic of Abkhazia shall recognize and guarantee the human rights and freedoms fixed in the Universal Declaration of Human Rights, the International covenants of economic, social, cultural, civil and political rights, or in other universally recognized international legal acts.



Article 12


The basic rights and freedoms belong to people from birth. Each man is born free. all people are equal before the law and court irrespective of race, nationality, sex, language, origin, property status or position, domicile, religion, beliefs, ideology or other consideration.



Article 13


Normal human rights and freedoms are the right to life, freedom, immunity and to ownership of private property.



Article 14


Everybody has the right to the freedom of private life, to personal and family secrets, to the protection of honor and dignity, to the freedom of conscience, religion, creative work, thought, speech and convictions.



Article 15


Nobody shall be subject to tortures, violence, or other cruel or humiliating treatment or punishment.



Article 16


Everybody shall have the freedom of travel, of choosing the place of residence, of correspondence, and other ways of communication.



Article 17


All people shall have the right to freedom of association and to hold peaceful rallies, assemblies, marches and demonstrations.



Article 18


Forbidden shall be the formation and activities of association, parties and movements whose aims and operations include the forceful transformation of the constitutional system, the detriment of state security, the creation of armed groups, the incitement of social, racial, national and religious discord.



Article 19


Everybody shall have the right to dwelling, economic freedom and freedom of labor, education and rest, medical service, and social security.



Article 20


The human dwelling shall be inviolable. Nobody shall have the right to penetrate a dwelling against the will of the person living in it except in cases specified by law, or on the basis of a court order.



Article 21


Everybody shall have a state or judicial protection of his or her rights and freedoms guaranteed.



Article 22


A presumption of innocence principle shall be in effect in the Republic of Abkhazia. An indictee shall be considered not guilty until his or her guilt is proved and asserted by a sentence of court which has taken legal effect. An indictee shall not be obliged to prove his or her innocence.



Article 23


Every detainee shall have the right to resort to the help of a lawyer from the moment of detainer, and shall have the right not to testify in the absence of a lawyer.



Article 24


Nobody shall be tried twice for a deed in respect of which a conclusive verdict of guilty has been once brought in already.



Article 25


A law which establishes or aggravates the responsibility may not be retroactive.



Article 26


Everyone shall be entitled to reimbursement for damage inflicted by illegal actions of state organs and officials.



Article 27


A citizen of the Republic of Abkhazia may not be deprived of Abkhazian citizenship, deported from the country, or extradited. The Republic of Abkhazia shall guarantee protection and patronage to its citizens abroad.



Article 28


Citizens of the Republic of Abkhazia who have reached the age of 18 shall be in full possession of all the rights and duties established by this Constitution and the laws of the Republic of Abkhazia.



Article 29


All the citizens and residents of the Republic of Abkhazia must pay taxes according to the procedure established by law.



Article 30


Everyone present in the territory of the Republic of Abkhazia must abide by its Constitution and its legislation.



Article 31


Everybody shall respect the rights and freedoms of other people.



Article 32


Everybody shall respect and protect the environment.



Article 33


Defense of Motherland is the duty and responsibility of each citizen of the Republic of Abkhazia.



Article 34


A mentioning of some rights in the Constitution shall not be interpreted as a denial or derogation of other rights commonly recognized by international acts.



Article 35


No law which cancels or derogates human rights or freedoms shall be adopted or promulgated in the Republic of Abkhazia. Some restrictions on rights and freedoms may be imposed only by constitutional laws should a necessity arise to protect the constitutional order, to ensure security and public order, to protect health or morals, as well as in cases of natural calamities, state of emergency, or martial law.