The Guarantees of the Accused in Iraqi Legislation Compared to Human Rights<br /><br />The guarantees of the accused are among the fundamental principles of modern legal systems, aiming to achieve criminal justice and prevent the abuse of power. Iraqi legislation has ensured numerous guarantees for the accused, many of which align with international human rights standards. However, there are still some challenges that require review and development.<br /><br />First: Guarantees in Iraqi Legislation<br />The Iraqi Constitution of 2005, along with the Code of Criminal Procedure No. 23 of 1971, guarantees several rights for the accused. The most prominent of these include:<br /><br />Presumption of Innocence: Article 19, Clause 5 of the Iraqi Constitution states that "The accused is innocent until proven guilty in a fair legal trial," which aligns with Article 11 of the Universal Declaration of Human Rights.<br /><br />Right to Defense: Articles 19, Clauses 4 and 11 guarantee the accused the right to appoint a lawyer for their defense, and oblige the state to provide legal counsel for those who cannot afford one. This is also stipulated in Articles 123 and 144 of the Code of Criminal Procedure.<br /><br />Prohibition of Torture: Article 37, Clause C of the Iraqi Constitution prohibits all forms of torture or cruel treatment, and considers any confession obtained under coercion to be legally invalid.<br /><br />Right to a Fair Trial: This includes the public nature of trials, timely resolution of cases, and respect for defense rights, as stated in Articles 19 and 87 of the Constitution.<br /><br />Second: Comparison with Human Rights Standards<br />The guarantees provided by Iraqi legislation are consistent with many international treaties, such as the International Covenant on Civil and Political Rights, which affirms in Article 14 the necessity of ensuring a fair and impartial trial for every accused person.<br /><br />Nevertheless, some gaps remain, such as the persistence of practices that violate the rights of the accused, including prolonged detention without trial or the ineffective enforcement of the absolute ban on torture. Legal reforms are needed to ensure judicial independence and expedite legal procedures in order to minimize arbitrary detention.<br /><br />Conclusion<br />Although Iraqi legislation contains strong legal guarantees to protect the accused, their practical implementation needs reinforcement, especially in light of Iraq’s international commitments in the field of human rights. Therefore, the development and independence of the judicial system, along with raising legal awareness, are essential steps to ensure justice and protect the fundamental rights of every individual.<br /><br />Dr. Ali Jassim Mohammed Al-Saadi<br />Al-Mustaqbal University, the top university in Iraq