Marshall Islands 1979 Constitution (reviewed 1995)

ARTICLE II. BILL OF RIGHTS

Section 1. Freedom of Thought, Speech, Assembly, Association, and Petition

1. Every person has the right to freedom of thought, conscience, and belief; to freedom of speech and of the press; to the free exercise of religion; to freedom of peaceful assembly and association; and to petition the government for a redress of grievances.
2. Nothing in this Section shall be construed to invalidate reasonable restrictions imposed by law on the time, place, or manner of conduct, provided
   1. the restrictions are necessary to preserve public peace, order, health, or security or the rights or freedoms of others;
   2. there exist no less restrictive means of doing so; and
   3. the restrictions do not penalize conduct on the basis of disagreement with the ideas or beliefs expressed.
3. Nothing in this Section shall be construed to prevent government from extending financial aid to religiously supported institutions insofar as they furnish educational, medical or other services at no profit, provided such aid does not discriminate among religious groups or beliefs on the basis of a governmental preferences for some religions over others, and provided such aid goes no further than
   1. reimbursing users of educational, medical, or other non-profit services for fees charged to such users, or
   2. reimbursing such institutions for costs incurred in providing such services, but only with funds channeled through an organization open to all religious institutions that provide the services in question.

Section 2. Slavery and Involuntary Servitude

1. No person shall be held in slavery or involuntary servitude, nor shall any person be required to perform forced or compulsory labor.
2. For the purpose of this Section, the term “forced or compulsory labor” does not include:
   1. any labor required by the sentence or order of a court;
   2. any other labor required of a person lawfully detained if reasonably necessary for the maintenance of the place of detention;
   3. any service required by law in lieu of compulsory military service when such service has been lawfully required of others.

Section 3. Unreasonable Search and Seizure

1. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
2. A search or seizure shall be deemed unreasonable as a matter of law if no warrant has been obtained despite adequate time to obtain one.
3. Any seizure of a person shall be deemed unreasonable as a matter of law unless the person is promptly informed of the cause of such seizure and is ensured a prompt opportunity to contest its legality before a judge.
4. A search of premises not belonging to or occupied by, the person who is believed to have committed a crime shall be deemed unreasonable as a matter of law unless the person whose premises are searched has been given a prior opportunity, in an adversary hearing, to challenge or comply with a subpoena identifying the persons or things to be produced, or the officer issuing a warrant for the search has reasonably determined that such prior notice and hearing would create an undue risk that the persons or things sought would be removed or otherwise made unavailable.
5. Evidence obtained through an unreasonable search cannot be used to support a criminal conviction.

Section 4. Due Process and Fair Trial

1. No person shall be deprived of life, liberty, or property without due process of the law.
2. Every person charged with a criminal offense shall be presumed innocent until proven guilty beyond a reasonable doubt.
3. Bail shall not be required in an amount greater than needed to ensure that the accused will appear for trial, nor may any person be detained before trial when other means are available to provide reasonable assurance that he will not flee or gravely endanger the public safety.
4. In all criminal prosecutions, the accused shall enjoy the right to be informed promptly and in detail of the nature and cause of the accusation against him; to a prompt judicial determination of whether there is good cause to hold him for trial; to a speedy and public trial before an impartial tribunal; to have adequate time and facilities for the preparation of his defense; to defend himself in person or through legal assistance of his own choice and, if he lacks funds to procure such assistance, to receive it free of charge if the interests of justice so require; to be confronted with the witnesses against him; and to have compulsory process for obtaining witnesses in his favor.
5. There shall be a right to trial by jury, unless knowingly and voluntarily waived by the accused, whenever the applicable law makes the offense publishable by 3 or more years in prison or, in the case of an offense for which no maximum is specified, whenever the sentence actually imposed is 3 years or longer.
6. No person shall be held to answer for a crime except on presentation or indictment or criminal information.
7. No person shall be compelled in any criminal case to be a witness against himself, or against his spouse, parent, child, or sibling, or to give testimonial evidence against any such person whenever that evidence might directly or indirectly be used to obtain such person’s criminal conviction.
8. No person shall be subjected to coercive interrogation nor may any involuntary confession or involuntary guilty plea, or any confession extracted from someone who has not been informed of his rights to silence and legal assistance and of the fact that what he says may be used against him, be used to support a criminal conviction.
9. No person shall be subjected to double jeopardy, but retrial shall be permitted after a conviction has been reversed on the defendant’s appeal.
10. No person shall be preventively detained, involuntarily committed, or otherwise deprived of liberty outside the criminal process, except pursuant to [an] Act, subject to fair procedures, and upon a clear showing that the person’s release would gravely endanger his own health or safety or the health, safety, or property of others.

Section 5. Just Compensation

1. No land right or other private property may be taken unless a law authorizes such taking; and any such taking must be by the Government of the Republic of the Marshall Islands, for public use, and in accord with all safeguards provided by law.
2. A use primarily to generate profits or revenues and not primarily to provide a public service shall not be deemed a “public use”.
3. Land rights shall not be taken if there exist alternative means, by land fill or otherwise, of achieving at non-prohibitive expense the purpose to be served by such taking.
4. Before any land right or other form of private property is taken, there must be a determination by the High Court that such taking is lawful and an order by the High Court providing for prompt and just compensation.
5. Where any land rights are taken, just compensation shall include reasonably equivalent land rights for all interest holders or the means to obtain the subsistence and benefits that such land rights provide.
6. Whenever the taking of land rights forces those who are dispossessed to live in circumstances reasonably requiring a higher level of support, that fact shall be considered in assessing whether the compensation provided is just.
7. In determining whether compensation for land rights is just, the High Court shall refer the matter to the Traditional Rights Court and shall give substantial weight to the opinion of the latter.
8. An interest in land or other property shall not be deemed “taken” if it is forfeited pursuant to law for non-payment of taxes or debt or for commission of crime, or if it is subjected only to reasonable regulation to protect the public welfare.
9. In construing this Section, a court shall have due regard for the unique place of land rights in the life and law of the Republic.

Section 6. Cruel and Unusual Punishment

1. No crime under the law of the Republic of the Marshall Islands may be punishable by death.
2. No sentence of imprisonment at hard labor shall be imposed on any person who has not attained the age of 18 years.
3. No person shall be subjected to torture or to inhuman and degrading treatment, to cruel and unusual punishment, or to excessive fines or deprivations.

Section 7. Habeas Corpus

1. In order that the legality of any person’s detention always remain subject to appropriate challenge in a court of law, the writ of habeas corpus shall not be suspended.
2. Any person held in custody is entitled to apply, in person or through another, to any judge in the Republic of the Marshall Islands for a writ of habeas corpus.
3. There shall be a prompt hearing on any application for a writ of habeas corpus, and if it appears that the person being detained is being held in violation of this Constitution or other law of the Republic, the judge with whom the application was filed shall order the immediate release of the person being detained, subject to reasonable provisions for appeal by the detaining authority.
4. In the case of a person detained pursuant to a criminal conviction or sentence, the judge with whom the application was filed shall determine whether the judgment underlying the challenged detention was rendered without jurisdiction or in violation of the detained person’s rights under this Constitution or other law of the Republic and shall set the judgment aside and order the prisoner’s release if either infirmity is found.
5. The provisions of paragraphs (3) and (4) of this Section shall extend not only to the fact of the applicant’s custody but also to such particular conditions contrary to law.
6. Insofar as a determination under paragraph (4) or (5) of this Section requires a ruling on a controverted matter, the judge with whom an application for habeas corpus has been filed shall treat as conclusive and prior determination of a court of record in which the applicant had a full and fair opportunity to litigate the matter, providing such determination either was ultimately upheld on appeal or was knowingly and voluntarily permitted to stand without challenge by the applicant.

Section 8. Ex Post Facto Laws and Bills of Attainder

1. No person shall be subjected to ex post facto punishment–such as punishment in excess of that validly applicable at the time the act in question was committed, or punishment imposed by a procedure less favorable to the accused than that validly applicable at the time the act was committed.
2. No person shall be subjected to punishment under a bill of attainder–such as a law which singles out for penalty a named or readily identifiable individual or group of individuals.

Section 9. Quartering of Soldiers

No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war but in the manner prescribed by law.

Section 10. Imprisonment for Debt

No person shall be imprisoned for debt; nor shall any person be imprisoned for failure to pay a fine assessed as punishment for a crime unless he has been afforded a reasonable time to make payment and has been found to have the means to do so.

Section 11. Conscription and Conscientious Objection

No person shall be conscripted to serve in the armed forces of the Republic of the Marshall Islands except in time of war or imminent danger of war as certified by the Cabinet, and no person shall be conscripted if, after being afforded a reasonable opportunity to do so, he has established that he is a conscientious objector to participation in war.

Section 12. Equal Protection and Freedom from Discrimination

1. All persons are equal under the law and are entitled to the equal protection of the laws.
2. No law and no executive or judicial action shall, either expressly, or in its practical application, discriminate against any persons on the basis of gender, race, color, language, religion, political or other opinion, national or social origin, place of birth, family status or descent.
3. Nothing in this Section shall be deemed to preclude non-arbitrary preferences for citizens pursuant to law.

Section 13. Personal Autonomy and Privacy

All persons shall be free from unreasonable interference in personal choices that do not injure others and from unreasonable intrusions into their privacy.

Section 14. Access to Judicial and Electoral Processes

1. Every person has the right to invoke the judicial process as a means of vindicating any interest preserved or created by the law, subject only to regulations which limit access to courts on a non-discriminatory basis.
2. Every person has the right to participate in the electoral process, whether as a voter or as a candidate for office, subject only to the qualifications prescribed in this Constitution and to election regulations which make it possible for all eligible persons to take part.
3. In the administration of judicial and electoral processes, no fee may be imposed so as to prevent participation by a person unable to afford such a fee.

Section 15. Health, Education, and Legal Services

The Government of the Republic of the Marshall Islands recognizes the right of the people to health care, education, and legal services and the obligation to take every step reasonable and necessary to provide these services.

Section 16. Ethical Government

The Government of the Republic of the Marshall Islands recognizes the right of the people to responsible and ethical government and the obligation to take every step reasonable and necessary to conduct government in accord with a comprehensive code of ethics.

Section 17. Other Rights

The enumeration in this Constitution of certain rights shall not be construed to deny or disparage others retained by the people.

Section 18. Invoking Bill of Rights Protection

1. No right secured by the Bill of Rights may be denied or abridged, whether directly through the imposition of force or penalty, or indirectly through the withholding of privilege or benefit.
2. Any provision of the Bill of Rights may be invoked either as a defense to a civil or criminal proceeding or as a basis for legal or equitable relief against any actual or threatened violation.