Article 95 State of Emergency
1. (a) The Council of Ministers of the Federal Government may declare a state
of emergency in the event of external aggression or where conditions arise
which endanger the constitutional order and cannot be brought under control
by means of normal law enforcement measures, or in the cases of natural
disaster or epidemic endangering public health.
(b) The State Governments may, within their territory, declare a state of
emergency in the case of natural disasters or epidemic endangering public
health. Particulars shall be determined by the constitutions of the
respective states adopted on the basis of this Constitution.
2. A state of emergency declared in accordance with Sub- Article 1(a) of this
Article,
(a) shall, where the declaration is made while the Council of Peoples'
Representatives is in session, be submitted to it within forty eight hours.
The declaration shall be revoked where it fails to get the support of
two-thirds majority of the members of the Council of Peoples'
Representatives.
(b) without prejudice to the provisions of the foregoing paragraph (a), where
the Council of Peoples' Representatives is not in session, it shall in any
case be submitted to the Council within fifteen days after its declaration.
3. A state of emergency declared by the Council of Ministers and approved by
the Council of Peoples' Representatives may last only for six months. The
Council of Peoples' Representatives may, however, by a two-thirds majority
renew the state of emergency every four months.
4. (a) The Council of Ministers shall, during the state of emergency, have
the power to protect, by means of regulations it issues, peace and the
existence of the life of the nation, public security, and law and order.
(b) The power of the Council of Ministers may, on a level deemed necessary to
remove the cause for which the state of emergency is declared, extend to the
suspension of the fundamental political and democratic rights guaranteed by
this Constitution.
(c) The regulations issued or the measures taken by the Council of Ministers
during the state of emergency shall not in any way restrict the rights
provided under Articles 1, 18, 25 and Sub-Articles (1) and (2) of Article 39.
5. The Council of Peoples' Representatives shall, upon the declaration of the
state of emergency, establish a seven member State of Emergency
Implementation Inspection Board from among its members and from legal
professionals.
6. The State of Emergency Implementation Inspection Board shall have the
following powers and duties:
(a) To announce the names of persons detained by virtue of the state of
emergency within one month after detention and publicize the reasons for
their detention;
(b) Supervise and control the measures taken during the state of emergency so
as to ensure that they are not in any way inhuman;
(c) Where it is convinced that any measure of the state of emergency is
inhuman, give recommendations for its improvement to the Prime Minister or
the Council of Ministers;
(d) Bring to justice all those who perpetuate inhuman acts during the state
of emergency; and
(e) Submit its recommendations to the Council of Peoples' Representatives
where request for the renewal of the state of emergency is submitted to the
Council.
Salahdin Maow
Last modified: Thu Mar 25 13:30:35 MET