ضمانات المعتقلين : دراسة مقارنة

الملخص EN

Resort governments in many countries to take measures to confront all who threaten security and public order in the State or trying to overturn the regime or change in shape, so is the arrest or detention of persons of the most important measures that depend upon the executive power to impose its hegemony in the country under the pretext of the existence of exceptional case had to impose a state of emergency as a result of the vulnerability of many people for an assault on personal freedom of detention, in violation of the rules of legality under the pretext of a state of emergency and the subsequent inhuman treatment during arrest and after, so we decided to highlight the guarantees detainees in comparative legislation (France, Egypt, Syria and Yemen) and compare it with the Iraqi legislation and through the division of the research topic into three sections devote the first section of the definition of detainee, show in the first requirement, the concept of the detainee, and speak in the second requirement from the classification of the detainees.

And dedicate the second part guarantees detainees during arrest and in two, show demands in the first requirement, the competent authority to arrest, the second requirement for the rights of detainees.

The review in section guarantees the detainees after arrest in two, demands show in the first requirement the supervisor of the detainee, and dealing in second requirement guarantees detainees inside the prison.

Finally, we conclude our most important what we will achieve by the findings and recommendations.