1822 Sept. 22 Tripoli Securities IV. Secret Confinement

Any person by whom it shall be known or suspected that in a certain prison

/building/ or other receptacle /place/ a certain person is kept in confinement

may repair to the Keeper and require to be informed by him whether such person

be actually under his custody. If being so interrogated the Keeper refuses or

forbears to make answer, or makes a false answer, the Keeper shall being thereof

convicted shall be punished with /suffer/ condign punishment: and at the time of

the interrogation the person in question was actually in his custody shall be

punished as having been guilty of wrongful /injurious/ imprisonment.

To the interrogation whether the person in question be at that very time in the

custody of such Keeper may be added the interrogation whether at any and what

time he had been in such custody: and if yes, in what manner and by what means

he ceased to be so.

For prevention of vexation and impertinent inquiries the Keeper upon hearing

/before he makes reply to/ any such interrogation as above may require the

applicant to make himself known to the purpose of eventual responsibility.
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  • Title: [1822 Sept 22 Tripoli Securities against Misrule]
    Description: 1822 Sept 22 Tripoli Securities against Misrule IV. Secret Confinement

    Any person to whom by any such Keeper any such acknowledgment has been made may

    repair to the Judicatory of the District in which such place of confinement is

    situated, or to any nearer Judicatory, and there require of the Judges that the

    person so under confinement may be produced before them, and at a public

    audience, inquiry made into the cause of such confinement: which inquiry made

    the person shall be remanded, or set at liberty, or otherwise dealt with as the

    case may require.

    What is here said of a prison shall be understood of any other place in which

    whether according or not according to law the person in question is under

    confinement.

    If to avoid his being produced to the Judicatory, as above, a prisoner is

    shifted from place to place, all persons concerned in such shifting and

    conscious of its having that for its purpose, shall be /are/ responsible as for

    injurious imprisonment.
  • Title: [1822 Sept. 20 Tripoli Securities against]
    Description: 1822 Sept. 20 Tripoli Securities against Misrule ?5. IV. Secret confinement

    7. If in any such occasional prison a prisoner be detained more than [24] hours,

    over the door thereof shall be fixt up a paper of notice such as that prescibed

    by Article │ │ in the case of an ordinary prison: and for the framing or

    attestation thereof the assistance of the Iman of /some Iman be invoked: that of

    the/ nearest Mosque in preference.

    8. Of the commitment of a person to any such extraordinary prison the bringer

    known the fact of the detention /commi/ at the ordinary prison together with the

    cause by which as supposed it was rendered necessary, and whether such notice as

    should have been fixt up as above was fixt up, and if not, why not.

    9 The bringer shall make known to such keeper of the ordinary prison or such

    Judge as the case may be the fact of such detention at the extraordinary prison,

    together with the causes and circumstance of it: if he omitts so to do the

    detention shall for and during the time of it be deemed unlawful /injurious/

    10 Every person who knowingly and wilfully has been contributory to the

    injurious imprisonment of any person shall himself suffer imprisonment for a

    length of time equal to that during which the the party so injured was

    imprisoned /the imprisonment had place/: and shall moreover to the extent of his

    means be compelled to furnish or contribute to the furnishing compensation in a

    pecuniary shape for the injury
  • Title: [1822 Aug. 20 Tripoli Securities against Misrule]
    Description: 1822 Aug. 20 Tripoli Securities against Misrule ?.5. IV. Secret Confinement

    IV. Security against Oppressive Confinement

    II. Securities in detail in favour of individuals.

    IV. Security against secret confinement: for the protection of to the persons of

    individuals against oppression, by persons in authority, [without or even with

    the knowledge of the Sovereign.]

    1. Whensoever, on the alledged ground of its being a purposes /furtherance/ of

    justice, the person of any man is put under confinement, information thereof

    shall be given in the most public manner to the end that all persons taking an

    interest in his welfare may have it in their power to take lawful measures for

    securing him against injustice.

    To this end no person shall be confined in any habitation other than a prison or

    other habitation

    2 To this end, all habitations /the names /name/ and situation of every

    habitation/ designed by authority to be used as places of confinement whether on

    the score of delinquency or insanity shall be entered in an appropriate register

    one copy whereof /exemplar of/ shall be kept in the metropolis at /in/ the

    Office of the Chief Judicatory; and of this exemplar a copy shall be kept at the

    Office of every other Judicatory

    3. On the commitment of an individual to any such place of confinement, entry of

    such commitment shall be made on a register to be therein kept for that purpose,

    mentioning 1 the name by which, in his own confession /declaration/ or otherwise

    such individual is distinguished, 2 the person or persons by whose authority he

    is so committed /hands he has been brought the person by whose authority he has

    been brought/, 3 the cause for which he is so committed /has been brought/ 4 the

    time for which he is so committed: 5 and the evidence on which such commitment

    has been grounded: a sufficient description by name and otherwise of every

    person on whose testimony the commitment has had place being added, 6 as also

    the cause for which he has been committed.

    Add obligation of notification of habitations employed as temporary prisons

    through necessity.