Constitution of the Independent
State of Samoa
11
7. Freedom from inhuman treatment - No person shall be
subjected to torture or to inhuman or degrading treatment or
punishment.
8. Freedom from forced labour - (1) No person shall be
required to perform forced or compulsory labour.
(2) For the purposes of this Article, the term “forced or
compulsory labour” shall not include:
(a) any work required to be done in consequence of a
sentence of a Court; or
(b) any service of a military character or, in the case of
conscientious objectors, service exacted instead
of compulsory military service; or
(c) any service exacted in case of an emergency or
calamity threatening the life or well-being of the
community; or
(d) any work or service which is required by Samoan
custom or which forms part of normal civic
obligations.
9. Right to a fair trial - (1) In the determination of his or
her civil rights and obligations or of any charge against him or
her for any offence, every person is entitled to a fair and public
hearing within a reasonable time by an independent and impartial
tribunal established under the law. Judgment shall be pronounced
in public, but the public and representatives of news service may
be excluded from all or part of the trial in the interests of morals,
public order or national security, where the interests of juveniles
or the protection of the private life of the parties so require, or to
the extent strictly necessary in the opinion of the Court in special
circumstances where publicity would prejudice the interests of
justice.
(2) Nothing in clause (1) shall invalidate any law by reason
only that it confers upon a tribunal, Minister or other authority
power to determine questions arising in the administration of any
law that affect or may affect the civil rights of any person.
(3) Every person charged with an offence shall be presumed
innocent until proved guilty according to law.
(4) Every person charged with an offence has the following
minimum rights: