Criminal justice is one of the most important pillars of a lawful state, as it aims to protect society from crime while simultaneously safeguarding individuals’ rights and freedoms. True justice cannot be achieved except through respecting human rights at 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 attaining fair and balanced justice. 1. Concept and Importance of Human Rights Human rights are a set of fundamental rights and freedoms that every person enjoys by virtue of being human, without discrimination based on gender, race, religion, or other factors. Among the most important rights in the criminal field are: The right to life and physical integrity The right to liberty and personal security The right to human dignity The right to a fair trial The presumption of innocence until proven guilty The importance of human rights lies in their role as a primary safeguard against arbitrariness and violations during the exercise of criminal authority. 2. Role of Human Rights in Criminal Procedures Human rights play a central role at various stages of criminal proceedings, most notably: Investigation stage: Prohibition of torture and coercion to extract confessions The accused’s right to remain silent The right to legal counsel Trial stage: The right to a public and fair trial Judicial independence and impartiality The right of the accused to defend themselves Punishment stage: Humane treatment of the convicted Prohibition of cruel or degrading punishments Respecting these rights ensures procedural justice and prevents the wrongful conviction of innocent individuals. 3. Concept of Forensic Evidence Forensic evidence refers to the legal and scientific means used to prove the occurrence of a crime and attribute it to a specific individual. Forensic evidence is distinguished by its reliance on scientific and technical foundations, making it more accurate and objective compared to confessions or testimonies alone. 4. Types of Forensic Evidence Forensic evidence can be classified into several types, the most important of which are: Physical evidence: such as fingerprints, weapons, clothing, and biological traces Technical evidence: including forensic medicine and laboratory reports Digital evidence: such as mobile phones, computers, recordings, and cameras These types of evidence form the cornerstone for proving modern crimes. 5. Role of Forensic Evidence in Achieving Justice Forensic evidence contributes to justice by: Accurately uncovering scientific truth Reducing reliance on coerced confessions Protecting the innocent from wrongful convictions Assisting judges in issuing fair and informed rulings Advances in forensic evidence, such as DNA testing, have helped review many criminal cases and ensure justice for victims of wrongful convictions. 6. Relationship Between Human Rights and Forensic Evidence There is a complementary relationship between human rights and forensic evidence: Respecting human rights ensures the legitimacy of evidence collection Reliance on scientific evidence minimizes violations of the accused’s rights Both contribute to achieving justice and preventing injustice The more sound forensic evidence is relied upon, the stronger the protection of human rights. Conclusion Criminal justice is not achieved through force or coercion; it is based on respecting human rights and relying on scientific forensic evidence. Balancing the protection of individual rights with uncovering the truth forms the proper foundation for a just judiciary, preserving human dignity and safeguarding societal security. Al-Mustaqbal University – the first university in Iraq.
  SDG4