Author : Lecturer . Zaineb Y Abdulkhader, Assistant
Basra studies journal,
Volume 25, Issue 1994, Pages 221-279
Numerous international declarations and conventions have included on the human rights and fundamental freedoms on the domestic and international fields . because of the interest of States to ensure respect for these rights and freedoms, modern constitutions have given attention to those rights and freedoms , responsing to the demands of the declarations and covenants .Therefore the Constitution of the Republic of Iraq 2005, including for these rights and freedoms, especially those of the accused. Code of Criminal Procedure Act No. 23 of 1971 also assured protection of those rights and freedoms and ensure respect stipulated by the Constitution . It is working on providing rules that achieve immunity for individuals,and then,the limitations of them, to ensure a fair trial for everyone. In other words , it must provide guarantees for the protection of human rights under itˊs authority , in order , the national legislation does not turn into an injustice instrument of the individual,
This study aims to achieve a balance between human rights and freedoms and the right of the community , through the work on the adaptation of national legislation - the Constitution of the Republic of Iraq in 2005 and the Code of Criminal Procedure No. 23 of 1971- with the relevant standards which is contained in international and regional conventions ,in order , to bring to light the texts which is matching the international standards , or what is contrary by amendment or cancellation, for achieving a fair trial to the accused.