Prohibition of torture, inhuman or degrading treatment or punishment. The right to fair trail, their importance, features and to what extent they are incorporated in national legislation of Azerbaijan Republic under respective clauses of ECHR.
Throughout the history there were so many people that faced with the torture which is done by another person or by group of people. The most of individuals who faced with that kind of unlawful act are the ones that are captured by enemy during the war time. Now lets find out the meaning of the torture and identify the acts that are considered as the torture. The term “torture” means any act that causes real damage or suffering to any person that is intentionally done by another person whether mentally or phscically for the aim of obtaining the significant information from him or her, of punishment, of intimidation of him or her. The torture not only causes the damage or suffering on human body physcally or mentally but also decrease the human dignity as the worst treatment form. It is also considered as the crime under International Law. However abovementioned people are considered as the victims of this unlawful act according to all relevant legislations or laws, the torture is absolutely prohibited and can not be justified under any circumstances. Fortunately, this prohibitation is considered as obligation for all states in the world because it is binding on every member of international community which menas that whterher the any state ratified the treaties in which torture is absolutely prohibited.
Article 3 of European Convention on Human Rights is about the prohibitation of torture and it is written that “ No one shall be subjected to torture or to inhuman or degrading treatment or punshment”. Freedom from torture and inhuman or degrading treatment or punishment is considered as one the fundamental human rights and freedoms. This right protects from: 1. Torture (mental or physical) which is mentioned above. 2. Inhuman or degrading treatment or punishment. 3. Deportation or extradition means to be sent from on state to another where individual has the real risk of being tortured. It is one of the main responsibilities of any state to not inflict any kind of treatment and public authorities must protect every citizen who is threatened by someone else to be tortured. The state must also investigate the allegations of such unlawful act.
The concept of degrading treatment is extremely humiliating act and causes to decrease of human dignity. To be considered as the degrading, it depends on different factors such as the duration of treatment, its mental or physical effects, and sex, age, vulnerability and health of individual who faced with the torture. This concept is based on the values of all human beings which are given them from the birth. The one important question arrives here: Are there any restrictions to this right? The right of people about not to be tortured or treated in an inhuman or degrading way is absolute and it means there are no any restrictions to this right. All the states have to obey this right whether they ratify any relevant treaties or not.
In conclusion, the right to not being tortured is very useful and having the binding power is the most significant side of this right and it should keep that power for the future generation.
When people strated to live any state and became one of the citizens, they give their some of rights to the government such as all types of punishments. The states have a right to arrest any person who commited a crime or to make investigations on individual that is considered as suspicious. In those cases we have the right to appeal the court and it have to be fair. All the human beings ahve the right ti fair trial or hearing if: 1. They are charged with criminal offence and have to go to court. 2. A public authority is making a decision that has an impact upon your civil rights or obligations . As we see from those 2 cases, the right to fair trial is provide for more with the criminal proceedings than the civil ones. In the case of criminal accusation which means granting data to an individual if he or she is considered as guilty on the commitment of an unlawful act, all people have a right to appeal the court. Those cases are: 1.When the individual is considered as suspicious. 2. When there is a court order about detention of an individual. 3. When the relevant government organ investigating the customs crime and requires an individual to present an evidence or stopping his or her bank account etc.
When people are charged with criminal accusation they have to be provided by minimum rights which are as following. 1. They have to get familiar with the accusation in an understandable language even they are in another country of which mother tongue is different.2. Individuals have a right to get enough time for preparing the court defence.3. People may defense them on their own or through the representative. If it is not affordable to hold a lawyer, then government has to provide it.4. The person who is not able to speak due to healthy problems, he or she can obtain free interpreter to figure out the speeches.5. If suspicious person is arrested after decision of court, he or she has right to examine the case once more in appellate court. By saying the fair and public hearing, we consider the issues that are listed below: 1.It should be held within the reasonable time. 2. It should be heard by independent and impartial decision-maker.3. We should be provided with all relevant information.4. The court process should be open to public.5. It should be followed by public decision.
There are some cases that the right to fair trial or public hearing is restricted. For example, the issues about extradition, tax, immigration law and voting rights do not always apply fair and public hearing. Additionally, the right to access to the courts can be limited if we bring the cases without merit and when we miss the time-limit for bringing the case. The concept of equality of parties and equality of arms is implemented in all tribunal proceedings. It means that both sides during the court should be provided with the same opportunity to defense themselves.
Both abovementioned rights are also applicable in the legislation of Azerbaijan Republic. Because of having absolute and binding power over the state, in my opinion, the right to free from torture is extremely applicable in our legislation. On the other hand, the right to fair trial has some limitations in certain cases, but for me it also should be absolute and binding power.
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