The Impact of International Legal Standards on Fair Trial in the Criminal Legal Systems of Iran and Iraq
Keywords:
International law, fair trial, criminal legal system, Iranian law, Iraqi lawAbstract
International legal standards, particularly those outlined in human rights instruments such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, play a significant role in ensuring fair trial rights. These standards establish fundamental principles that states must adhere to within their criminal legal systems to safeguard the rights of both defendants and victims. Among the most crucial principles are the right to an independent and impartial tribunal, the right to legal counsel, the right to be informed of charges, the right to a public and fair trial, and the prohibition of torture and ill-treatment. Compliance with these standards not only prevents human rights violations but also enhances public trust in the judiciary and strengthens the rule of law. International legal standards on fair trial have a substantial impact on the criminal legal systems of Iran and Iraq; however, the degree of influence and the challenges faced in each country differ. In Iran, the Constitution and ordinary laws recognize key principles such as the presumption of innocence, the right to legal representation, the right to be informed of charges, and the right to a public trial. Additionally, efforts have been made to reform laws and judicial practices to better align with international standards. In Iraq, the judicial system has witnessed progress following the fall of Saddam Hussein’s regime; however, it continues to face challenges such as corruption, resource shortages, and inadequate training for judges and prosecutors. While the Iraqi Constitution guarantees the right to a fair trial and judicial independence, the judiciary has been criticized for lacking impartiality and independence, with allegations of government interference in judicial matters. Using a descriptive-analytical method, the researcher concludes that both countries require further efforts to ensure the independence and impartiality of the judiciary, support the role of lawyers and bar associations, and protect defendants' rights. Furthermore, the international community, including the United Nations, must play a pivotal role in promoting the rule of law and human rights in both countries.
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