Human Rights and the Advancement of Justice Through Forensic Evidence (Asst. Lect. Raed Jawad Kazem)

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Introduction Criminal justice is one of the most important pillars of a legal state, as it aims to protect society from crime while simultaneously safeguarding individual rights and freedoms. True justice cannot be achieved without respecting human rights throughout all stages of criminal proceedings and relying on scientific forensic evidence to uncover the truth, free from arbitrariness or error. This highlights the close relationship between human rights and forensic evidence in achieving fair and balanced justice. 1. The Concept of Human Rights and Their Importance Human rights are a set of fundamental rights and freedoms to which every individual is entitled by virtue of being human, without discrimination based on gender, race, religion, or other factors. In the criminal justice context, the most important rights include: The right to life and bodily integrity The right to personal liberty and security The right to human dignity The right to a fair trial The presumption of innocence until proven guilty The significance of human rights lies in their role as the primary safeguard against abuse and violation during the exercise of criminal authority. 2. The Role of Human Rights in Criminal Procedures Human rights play a central role at all stages of criminal proceedings, including: Investigation Stage: Prohibition of torture and coercion to extract confessions The suspect's right to remain silent The right to legal counsel Trial Stage: The right to a public and fair trial Judicial independence and impartiality Ensuring the defendant can defend themselves Execution of Sentence: Humane treatment of convicted persons Prohibition of cruel or degrading punishments Respecting these rights ensures procedural justice and prevents the wrongful conviction of innocent individuals. 3. The Concept of Forensic Evidence Forensic evidence refers to legal and scientific tools used to prove the occurrence of a crime and link it to a specific person. Forensic evidence is based on scientific and technical principles, making it more accurate and objective compared to confessions or witness testimony alone. 4. Types of Forensic Evidence Forensic evidence can be categorized into: Physical evidence: such as fingerprints, weapons, clothing, and biological traces Technical evidence: including medical examiner reports and forensic laboratory analyses Digital evidence: such as mobile phones, computers, recordings, and surveillance footage These types of evidence form the cornerstone of proving modern crimes. 5. The Role of Forensic Evidence in Achieving Justice Forensic evidence contributes to justice by: Accurately revealing the scientific truth Reducing reliance on coerced confessions Protecting innocent individuals from wrongful conviction Assisting judges in issuing fair and informed rulings The advancement of forensic techniques, such as DNA analysis, has even led to the reopening of criminal cases and the exoneration of wrongfully convicted individuals years after their convictions. 6. The Relationship Between Human Rights and Forensic Evidence There is a complementary relationship between human rights and forensic evidence: Respecting human rights ensures the legality of evidence collection Relying on scientific evidence reduces violations of defendants’ rights Both contribute to justice and prevent injustice The greater the reliance on proper forensic evidence, the stronger the protection of human rights. Conclusion Criminal justice is not achieved through force or coercion but through respect for human rights and reliance on scientific forensic evidence. Balancing the protection of individual rights with the pursuit of truth forms the foundation of a just legal system that preserves human dignity and safeguards societal security. Al-Mustaqbal University, the first university in Iraq