Constitutional amendments enacted in March 2026 following the failed 2025 referendum
5
- Jurisdiction
- Nauru
- Provision
- 5
- Source language
- English
- Recorded status
- in force
More details
- Recorded status
- in force
Provision text
Official sourceArticle 5 Protection of personal liberty
(1) No person shall be deprived of his personal liberty, except as authorised by law in
any of the following cases:
(a) in execution of the sentence or order of a court in respect of an offence of which
he has been convicted;
(b) for the purpose of bringing him before a court in execution of the order of a
court;
(c) upon reasonable suspicion of his having committed, or being about to commit,
an offence;
(d) under the order of a court, for his education during any period ending not later
than the thirty-first day of December after he attains the age of eighteen years;
(e) under the order of a court, for his welfare during any period ending not later
than the date on which he attains the age of twenty years;
(f) for the purpose of preventing the spread of disease;
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LAWS OF THE REPUBLIC OF NAURU Article 5
(g) in the case of a person who is, or is reasonably suspected to be, of unsound
mind or addicted to drugs or alcohol, for the purpose of his care or treatment or
the protection of the community; and
(h) for the purpose of preventing his unlawful entry into Nauru, or for the purpose
of effecting his expulsion, extradition or other lawful removal from Nauru.
(2) A person who is arrested or detained shall be informed promptly of the reasons for
the arrest or detention and shall be permitted to consult in the place in which he is
detained a legal representative of his own choice.
(3) A person who has been arrested or detained in the circumstances referred to in
paragraph (c) of clause (1) of this Article and has not been released shall be brought
before a judge or some other person holding judicial office within a period of
twenty-four hours after the arrest or detention and shall not be further held in custody
in connexion with that offence except by order of a judge or some other person
holding judicial office.
(4) Where a complaint is made to the Supreme Court that a person is unlawfully
detained, the Supreme Court shall enquire into the complaint and, unless satisfied
that the detention is lawful, shall order that person to be brought before it and shall
release him.
Source record
Source and verification
Constitutional amendments enacted in March 2026 following the failed 2025 referendum · nauru.gov.nr · Retrieved 18 August 2026.
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