The nature and function of the steering patrol or any component of the police force and urban security are governed by the rules and regulations that define the modus operandi and the limits of the authority of that authority. Therefore, regardless of the validity of the allegation of the resumption of the guidance patrol activity or its inactivity, which has topped various media headlines during the past few months, in the wake of the publication of conflicting news about this issue and the presence of a guard in the guidance patrol trucks, what is very important in the current situation and based on the events of September last year is the definition of the institution and the powers of security guidance for the police officers active in the regulations. The principles and rules that govern how to exercise judgment in the face of the nation’s rights, the method of a fair trial, and the rights of the accused.
If the subject of the presence of the custodial judge in the escort carriages is in accordance with the truth, then it is necessary for the higher judicial authorities to answer the question whether in such a situation it is possible to satisfy the conditions of a fair trial and guarantee the rights of the accused? Is the presence of a judicial official in such an environment and holding a hearing or preliminary investigation in police cars not contrary to judicial affairs? Dealing with his accusation in accordance with the principles of a fair trial and the rules stipulated in the Judicial Security Document, and is the Civil Rights Charter appropriate?
In the publication, there are 37 articles called the Judicial Security Document;Judicial security is achieved when the dignity of individuals, their lives, their property, and all the material and spiritual affairs of individuals are protected by law and protected from aggression, and the provision of such just security for all is entrusted to the judiciary, or in Article 19, although the provisions of criminal procedure and the Constitution are clear, the principle of innocence is clearly stated again and in Article 20: Suspects/accused/witnesses shall not be subjected to any form of humiliation or subjected to any human behaviour.
The phrase in Article 20 refers to a point of view and an idea Preserving human dignity and its high human valueIn a judicial system in which the highest judicial authority prohibits humiliating behavior and verbal and practical humiliation of the accused and … and declares that the perpetrators of such behavior deserve punishment, how can it be acceptable for a judicial bailiff, in full view of the citizens, to put a person suspected of criminal behavior in a car and hold a court session for him in the same car!!
Accordingly, and based on what was stated in the Judicial Security Document and other regulations regulating criminal procedures, it appears that adopting such behaviors, in addition to violating the rights of the accused, has caused a weakening of the law enforcement system and the judicial system, and sincere efforts to enforce the law and the judicial system as two influential institutions in shaping judicial justice will be lost.
In the Charter of Citizenship Rights, there is a chapter with the phrase “the right to freedom and security of citizenship” and it states in this chapter that the individual and public freedoms of citizens are immune from infringement. No citizen may be deprived of these freedoms. These freedoms are restricted only to the extent necessary and in accordance with the law. Or every citizen has the right to personal, financial, dignified, legal, judicial, professional, social and similar security. Illegal actions in the name of ensuring public security, especially violating people’s privacy, are prohibited. And in Article 14- Citizens have the right to reach the authorities and agents who provide public security in the shortest possible time and with the utmost ease in the event of an unlawful attack on their freedom and security. The aforementioned entities and agents must provide their services without interruption and discrimination in proportion to the assault or threat to which citizens are exposed and in accordance with the laws. And in Article 57- it was mentioned: the principle of acquittal and no person shall be convicted unless his accusation is proven before the competent courts and in accordance with the principles of fair procedures, including the principle of the legality of crime and punishment, the independence and impartiality of the judiciary and judges, the right to defense, the personal nature of criminal responsibility, and procedures in a reasonable time without delay and in the presence of a lawyer. (Sentences must be justified and documented in accordance with relevant laws and principles) They have the right to security and protection of their identity before the judicial, law enforcement and administrative authorities, and their dignity, respect and human dignity may not be infringed at all. Any unlawful behavior such as coercion to testify or provide information, behavior accompanied by verbal or physical humiliation, verbal or physical violence, insulting the accused or the convicted person, is a violation of civil rights, and in addition to causing legal prosecution, the consequences of these behaviors cannot be invoked against individuals.
With attention to the aforementioned matters, in addition to the legal duty of the judiciary and law enforcement is considered one of the nation’s rights of particular importance, therefore it is necessary for the concerned authorities to pay more attention to this matter, and redouble their efforts in applying the rules and regulations related to the rights of citizens and the judicial security document.
Lawyer – Shiraz
