This paper tends to the principles of fair trial to
observe citizenship rights in Imamie jurisprudent, national law and
international documents.
People of society may be engaged with legal system
as plaintiff, defendant, and witness or informed. Observing citizenship
rights in a fair trial requires that a citizen whose rights have been
violated can refer to a fair, impartial and independent court and
benefit legal requirements without any obstacle.
The format of this dissertation is based on
subjects of citizenship rights in trial process. All citizens should
benefit some common rights relating to the(rule of law) and (proper
judiciary) in the all five stages of the process :detection,
prosecution, investigation, trial and execution.
There are some other rights for citizens which are
related to individual freedoms. Considering the dignity and high value
of human and respecting the legal freedom of people have been taken as
basis for the procedure in order to observe the citizenship rights, so
the defendant security rights including the right to have physical and
psychological safety, the rights of social respect, privacy,
compensating for damages and insuring property. Rights have been
discussed in the second chapter.
Some other rights in the process, considers their
defending rights. In this context, some reflections of fundamental
rights of people in the criminal procedure have been discussed, such as
the right to know, the right to object and the right to benefit legal
assistance. Fair trial can be achieved in the light of equity of means
for both parties (defendant and plaintiff).
In addition to considering the principles of fair
trial in international documents, this paper tended to explore in
Islamic bases and jurisprudential resources, and discusses some of the
modern principles of fair trial such as the principle of innocence and
the prohibition of torture and coercion, then criticizes national laws
in the light of principles of fair trial in Islamic resources and
international documents, and finally some suggestions have been made to
improve more proper trials in judiciary system of the Islamic Republic
of Iran, accordingly some rights such as right to legality, right to
public, impartial and independent hearing have been discussed.