THE RIGHT TO A FAIR TRIAL UNDER IRAQI LAW

Abstract

The article focuses on the Iraqi law that is found in the Iraqi code of criminal procedures and the Iraqi constitution regarding respecting certain rights of persons under suspicion in criminal proceedings.The study discusses that though Iraqi legislator has established wide range of legal texts that protect rights of persons facing criminal proceedings from arrest and interrogation to trial, which are compliance with international human rights standards, assessing the compliance of Iraqi law and its implementing in practice leads us to clear belief that Iraq has the worst record of human rights in the contexts of respecting rights of defendant before criminal courts during trials.

Depending on finding ofthe present research the suggestion for healing the Iraqi criminal justice system is that the operations of the system should be inaccordance with the criteria laid down in the international norm of fair trial. The knowledge of the requirements of international human rights by the system personaland enforcing international rules domestically are fundamental to attain a minimum level of international standards in the area of human rights and healing the system's complying with international human rights obligations. The aims of the study is to highlight shortcomings and it may suggest some recommendations to Iraqi justice system that reflect positively on due rights in criminal trials.

The method used in this article is doctrinal legal research that assessed sources from both primary and secondary data. Comparative methods also are adopted, to take advantages of the experiences of other domestic and international legal rules as the protection of fair trial under Iraqi legislations is compared to the international human rights standards.