Abstract This study examines the relationship between the increasing reliance on scientific forensic evidence and the level of respect for human rights during the criminal investigation stage. It is based on the hypothesis that strengthening the use of objective scientific evidence contributes to reducing unlawful practices—particularly torture and coercion—and enhances the guarantees of a fair trial. The study concludes that developing the forensic evidence system constitutes an effective legal and human-rights-oriented tool for achieving criminal justice and protecting the rights of both the accused and the victim simultaneously. Keywords: Forensic evidence, human rights, fair trial, torture, criminal justice. Introduction Human rights have today become a fundamental criterion for assessing the fairness of legal systems, particularly in the criminal field, which directly affects personal liberty and physical integrity. In this context, a core dilemma arises concerning how to strike a balance between the requirements of combating crime and ensuring respect for human rights. This study seeks to clarify the pivotal role of scientific forensic evidence in achieving this balance by analyzing its impact on reducing violations that may accompany traditional investigative procedures. First: The Concept of Forensic Evidence and Its Importance in Proof Forensic evidence refers to scientific and technical means used to establish the occurrence of a crime and attribute it to its perpetrator, such as fingerprints, DNA, forensic medical reports, and digital evidence. The importance of such evidence lies in the fact that it is: Objective and not subject to personal bias. Open to examination and discussion before the judiciary. Based on precise scientific foundations that reduce the likelihood of judicial error. Second: Reliance on Forensic Evidence and the Reduction of Human Rights Violations The weakness of material evidence often drives some investigative authorities to rely excessively on confessions, which may open the door to practices that undermine human dignity. Conversely, strengthening reliance on forensic evidence contributes to: Reducing cases of torture and ill-treatment. Limiting arbitrary detention. Curtailing violations of the right to physical and psychological integrity. Thus, forensic evidence becomes a preventive means of protecting human rights, not merely a tool for convicting the accused. Third: Forensic Evidence and the Guarantees of a Fair Trial A fair trial is among the most important internationally guaranteed rights, with the principle of the presumption of innocence serving as its cornerstone. Reliance on forensic evidence reinforces this principle by: Grounding judicial conviction in proven material facts. Enabling the accused to exercise the right of defense on scientific bases. Reducing dependence on individual testimony or confessions of questionable validity. Fourth: The Role of Forensic Evidence in Protecting Victims’ Rights The importance of forensic evidence is not limited to protecting the accused; it also extends to victims, as it ensures that perpetrators do not evade punishment, particularly in serious and complex crimes such as human trafficking and organized crime. Forensic evidence provides victims with scientific proof that strengthens their right to justice and redress, and prevents the dilution or dismissal of cases due to insufficient evidence. Fifth: The International Dimension of Reliance on Forensic Evidence The efficiency of criminal justice systems in using scientific evidence has become an important معيار (benchmark) in international human rights reports. States that adopt scientific investigative methods tend to: Reduce international criticism directed at their justice systems. Enhance international confidence in their judiciary. Consolidate the principle of the rule of law. Conclusion The study concludes that the relationship between forensic evidence and human rights is directly proportional in terms of quality and inversely proportional in terms of violations: the greater the reliance on scientific forensic evidence, the fewer the violations of human rights and the greater the integrity of criminal justice. Accordingly, the study recommends investing in the development of forensic laboratories and the training of specialized personnel, considering this an indispensable legal and human-rights-based option for building a modern justice system. Al-Mustaqbal University, the first university in Iraq
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