Joma Ali Haghani
Respecting
the rights of the accused, especially his defense rights, is one of the main
concerns in international proceedings, in such a way that not respecting it
completely distorts the fairness of the proceedings. Respecting the defense
rights of the accused, as it is of particular importance at the domestic level;
But its importance is doubled at the international level; Because on the one
hand, the damages of international crimes are not limited to a specific
geography; Rather, it covers a wide territory at the global level, and on the other
hand, the viewers and judges of public opinion are also very widespread, which
does not show the slightest mistake on the part of the International Criminal
Court. Undoubtedly, one of the issues that play an important role in the
implementation of justice and fair trial is the observance of the rights of the
accused, and the observance of these rights can be considered as one of the
criteria of a fair trial in public opinion.
The
current research, which is aimed at examining the defense rights of the accused
in the International Criminal Court, has tried to examine these rights by using
the descriptive-analytical method and library sources. The right to know about
the alleged crime, the right to know about having the right to remain silent,
and the right to know about having the right to legal assistance, including the
defendant's defense rights, are considered before interrogation. The right to
object to the accusations made by attorney general,
the right to challenge his evidence, and the right to present evidence are
among the defendant's defense rights, which the accused has during the
confirmation hearing by the preliminary branch. The right to have a public
trial, to have enough time to prepare a defense, the right to summon witnesses,
and the right to have a two-stage trial are related to the time of the
accused's trial, which should be considered by the court.
The
right to remain silent, is the right to have a lawyer and legal assistance,
including the common defense rights of the accused during the interrogation and
trial.