ضوابط القبض و آثارها على حقوق الإنسان

Abstract EN

Legal controls of arrest are the conditions and guarantees that must be met when any legal procedure for the arrest of the accused by police men.

The legitimacy of arresting is come from the conditions and the guarantees that which was acknowledged bay the law and at the same time it was obligatory principles for the arresting and if there any infraction of it will be against Human Rights Law.

The arresting of the suspect or accused is one of the most dangerous legal procedures that was affecting human rights, especially in the case of improvidence at using force by the police through arresting.

Therefore, one of the objectives of the study was to knowing the condition, legal controls of arresting and proper applying of the principles of law.

We found that the main problem of the study focusing in the negligence of the police in the proper applying of the law, no investigation and prosecute against them and because of that they continuing commit violate and crime against human rights.

To know the answer of the study problems, find the reason for this negligence and understand the obligatory principles for the arresting we have used the analytical method.

The importance results that the study was concluded are: the violation of principles for the arresting leads to violation of human rights, such as the safety of the body, and this violation is an independent crime as well as its impact on human rights.

Also the violence against conditions and guarantees of arresting like abuse of authority or regret in the duty, excessiveness of power and the use of the right and failure to prosecute, arresting the criminals, and all of that posing the violation of human rights on a continuous.

Non- qualification for police officers to be conversant with human rights principles, as well as the failure to apply the principles of fair trials and the judicial mistakes during applying of the of fair trial procedures.

Therefore, we recommended that all legal conditions and controls should be observed when arresting the accused or the suspect, also don't using force not necessary to arresting.

Observed all the principles that are relating to fair trials at all stages of the investigation and trial until the enforcement of the punishment.