حقوق متهم در مرحله‌ی بازداشت: بررسی استانداردهای بین المللی و چالش های نظام قضایی ایران

The right to a fair trial is one of the most fundamental human rights and one of the most important guarantees for the protection of human dignity in contemporary legal systems. This right is not limited to the trial stage, but begins from the very first moments of deprivation of liberty. The experience of various legal systems has shown that many violations of the rights of defendants occur between arrest and trial; a stage when the individual is in a vulnerable position and may be subjected to arbitrary detention, pressure to extract a confession, or deprivation of basic defense guarantees. In response to these concerns, the international community has developed a set of legal standards for the protection of detained individuals, the most important of which are the International Covenant on Civil and Political Rights of 1966 and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment of 1988. Since Iran acceded to the International Covenant on Civil and Political Rights in 1975, its provisions are binding on the Iranian government. This article examines the international standards governing the detention and preliminary investigation stages and assesses the extent to which Iranian judicial laws and procedures comply with these standards.