الفهرس 
نشأة ضمانات حقوق الإنسانOnly 14 pages are availabe for public view
 |  | from | 768 |  |  |
| | | from | 768 | | |
Abstract
Abstract
The subject of thesis entitled ”guarantees of the accused person during the stage of primary investigation process” is strongly relating to the human rights issue as long as such guarantees are not more that an application of human rights. The relationship between the said guarantees and human rights is a very logical issue that can be justified by certain circumstances of fact on one hand, and the requirements of law on the other. This means that the accused person at the stage of primary investigation process is a human being entitled to certain rights and guarantees as the same as others and cannot be deprived of them except for what legal rules of investigation process required.In this case the deprivation should be taken on overall comprehensive wide vision based on human rights that the accused person is human being entitled to enjoy his rights regardless of any accusations or procedures against him or her.
The primary investigation process is the most critical and complicated stage as long as the rights and freedoms of individuals might be exposed to prejudice such as the freedom and rights of movement, privacy and that of security of person when the accused person’ home or person has been exposed to search by authorities of investigation and after all he or she might become innocent.
- -
Because of such procedures constitute prejudice of human rights for the accused person therefore it must be surrounded with certain guarantees for the achievement of the balance between the interest of the society to reach the truth and punish the convicted person on one hand, and the rights of individuals to be guaranteed and respected on the other.
For this end, most constitutions and criminal legislations in the world today embodied human rights and freedoms for the purpose of giving it a legal significance and value for protecting them from any violations. This step has been taken either by legislator through laws or by the executive and judicial powers at the time of the application of laws. Therefore legal sanctions are made to be applied in case of any violations of such legal guaranteesand that constitute a prejudice of human rights for the accused person. The sanctions includes the invalidity of any subsequent illegal procedure has been taken in violation of the said guarantees.
This study is an attempt for gathering the guarantees that exist in many and different comparative laws including Islamic rules and international documents to subject it to deep discussion and to illustrate its bases as well as its importance and purposes.
The importance of study relating to the accused person’s guarantees during primary investigation process in the light of human rights can emerge from the increasing attention to the
- -
issue made by interested in the field of criminal justice for defending such guarantees from any violations or any miss use of power that might lead to its violation during the investigation process. This is for the purpose of reaching the ultimate goal of law application and justice.
For this purpose, any procedural legal system aims to achieve the balance between two issues; first is the right of the State to impose law and punish the convicted person, the second is the right of the accused person to be presumed innocent until the issuance of a final decision by the court.
In addition, the importance of the subject can be also emerged from the necessity of supervising investigation authorities works to make sure that they are respecting legal criteriaof human rights legal guarantees when preparing, valuating and submitting evidence. Such authorities should also recognize and facilitate defense services as a fundamental right for the accused person. If there is a necessity for taking measures or imposing restrictions on the accused person freedoms and rights, such procedures should be restricted and limited on time and over all based on legal criteria. This is so because the stage of primary investigation process is the most dangerous stage on human rights as long as many procedures might violate the accused person’s rights such as the adjust of the accused, his or her arrest, search, interrogation, remand and many others.
Beside the importance of the subject focusing on the legal guarantees of relevance, the strong link between the legal guarantees during primary investigation process and the issue of human rights which received a lot of concern in all domestic and international laws stating the importance of its respect was behind taking this subject for deep comparative discussion and analysis.
This research aims to focus on such said guarantees discussing existence in both the Egyptian and Libyan laws in a comparison with other laws of Arab and foreign countries. This is to show what defects are if existed and how might be amended to meet the standard criteria of human rights relating to the accused person during the stage of primary investigation.
The most important questions that constitute the statement of the problem of this research and might arise from can be summarized as the following;
1. Is the respect of the accused person’s guarantees can participate in the achievement of justice?
2. Are the guarantees stated in procedural criminal laws of comparison in consistent with the international principles of human rights?
3. What is the legal value of providing legal guarantees to the accused person?
4. To what extent that the criminal procedural laws of Egypt and Libya are in harmony with international law of human rights and its criteria?
5. What are the mechanisms available for the supervision of the constitutionality of texts that related to the accused person’s guarantees? If they exist are they in consistence with human rights as stated in international human rights law documents?
6. What sanctions can be imposed in case of violating such fundamental guarantees? Are such sanctions if existed may insure the said guarantees to be observed?
All these questions constitute the statement of the problem of this research which aims to face, analysis and discuss.
In relation to the difficulties that faced this work is the fact that this study is not only limited to criminal law as general or private or criminal procedural laws in concern, but also extends to further comprehensive comparison research in other branches of law such as public and private international law, the law of human rights relating to regional and conventional treaties, and the role that being played by international organizations in the field as well as Islamic law participation.
In relation to the scope of the work, this research is limited to the guarantees of the accused person during the stage of Primary Investigation Procedures rather than the earlier stage called Collecting Evidence stage or the subsequent final
step after primary investigation called Trail stage. At the stage of primary investigation the rights of the accused person may be exposed to certain measures that might constitute a prejudice whether that in person, privacy or at property.
This study discusses in details the available guarantees for the accused person in laws of comparison during the stage of primary investigation including details of the criteria of such guarantees, its elements, its practice, and its documentation in court decisions and judgments as well as in recommendations and as resulted out from conferences, symposiums and workshops relating to human rights.
It might be appear that there are some guarantees are not included in this work, but in fact the case is not as such as long as the guarantees of concern are precise and can be overlapped. They are included by the way or another in this research with great attention made to the extraction of the elements of the guarantees in focus from the rules and jurisprudence of Islamic Sharia Law