THE RIGHTS OF THE ACCUSED DURING THE STAGE OF DETENTION IN THE IRAQI CONSTITUTION (2005) AND INTERNATIONAL LAW
Keywords:
Defendant's guarantees, pre-trial stage, right to privacy, inviolability of the home.Abstract
Most of the constitutions in the world are keen to pay attention to the rights of the accused during the period of detention, due to the importance and sensitivity of this stage before the accused is brought to justice. And because the accused during this period will be at the mercy of the authority and out of fear of infringing the rights of the accused and torturing them during this period, most of the constitutions came with many guarantees for the rights of the accused during the period of detention, and this approach was followed by the Iraqi constitution 2005.
Further more, for the importance of this stage for the accused at the international level. We also note in this field that a lot of international legislation has been issued in this regard and many international agreements have been concluded worldwide to guarantee the rights of the accused during the period of detention.
The development of peoples depends mainly on ensuring freedoms and rights for their members; And since the international, constitutional and legal rules are the guarantee to protect these rights and stipulate them.
Therefore, it was necessary to shed light on the study of the most important texts related to the guarantees of the accused during the detention phase at the international and internal levels; Among them are international treaties and international conventions that stipulate a set of guarantees for the accused, the most important of which is the right to freedom and privacy because of the great importance of these two rights for individuals.
It is absolutely impossible to imagine without the right to freedom that there would be talk about other rights, as it stipulated the right to humane treatment and not to be subjected to torture during the detention of the accused, and this ensures the preservation of human dignity and the preservation of the right of the body from all means of torture.
Therefore, it was very necessary to make a comparison between the Iraqi constitution of 2005 and the international texts to find out the extent of the commitment of the new Iraqi legislator to the texts, charters and international norms and the extent to which these rights are guaranteed to individuals during the period of detention.
