Fair Trial And Human Rights

Abstract

The right of having fair trial that is identified as an international human right norm to support individuals against depriving or limiting freedom and their fundamental rights, is a general concept that important international and regional documents such as Universal Declaration of Human Rights, International Covenant on Civil and Political Rights and The European Convention on Human Rights have predicted elaborately mechanisms to exercise this right and conditions to ensure them. Fair trail consists of judicial investigation and decision-making by a legal, independent, impartial and competent judicial authority and according legal regulations and with compliance with established safeguards for both parties. Some scholars have considered

Personal security means security against violation of any legal rights for an individual against others including government officials. This right is treated ensuring all kinds of personal freedom, such that without it, personal freedoms can not be existed. The mentioned right due to importance has been emphasized in articles 1 and 9 of International Covenant on Civil and Political Rights and also in article 1 of International Covenant on Economic, Social and Cultural Rights. Constitution of Islamic Republic of Iran in this regard and inspired of Islam teachings, has introduced freedom and human beings’ dignity as its objectives priority and has required everyone to follow it. Islam considers human as self-conscious, benevolent, right-directed, justice seeker, law-directed, responsible, perfection seeker and in one sentence free, optional and having inherent dignity. The right of freedom is an inherent right and unlike many rights isn’t deprivable or transferable to other and an individual by virtue of having

The principle of lake of self-accusation is the logical requirement of silence right. Both of them follow a same logic and that is protection of a person against compulsion or illegal action of criminal justice system particularly police. The right of silence and lack of self-accusation from this point of view prevents deviation of criminal justice system. In fact, even a defendant response to questions of officials is treated participation in self-accusation because he can and has to know himself essentially innocent. Hence, to prevent stimulation to self-accusation, police must communicate the right of silence to defendant before investigation because all people don’t know this