The Rights of the Terrorism Accused in the Light of Fair Trial Principles: A Comparative Study

Punishing and prosecuting the offenders of terrorist crimes is the right and duty of every country to ensure the peace and stability in society, and to guarantee the right of the state to punish anyone who violates the system and the public stability. However on the one hand, this right is restricted by the principles of fair trial in order to adopt fair procedures towards the accused of terrorist crimes and meantime, guaranteeing the dignity of these accused, protect them from fraudulent lawsuits and retaliatory complaints; on the other hand, to guaranteeing the rule of law, the criminal procedure and human rights. Despite the importance of upholding the principles of fair trial for the terror accused and the guarantees emphasized by the International Covenants on the need to observe the principles of a fair trial for them and the emergence of a new trend in the observance of these principles, in recent periods, in the domestic legislative system of many countries, there is lack or insufficiency of fair trial for the defendants of terrorist crimes. This problem has led to unimaginable violations. From this perspective, the present study emphasizes descriptive, analytical and comparative methods to explain the theoretical and legal foundations of the issue based on the need for fair trial of those accused of terrorist crimes, various manifestations of fair trial and ways to guarantee them, lest the innocent be convicted and the real criminal escape punishment. The findings of the study confirm the right of the government to try those accused but in line with the principles of fair trial and the need to legislate and observe the mentioned principles in the laws. This right, which is based on theoretical and legal principles at both domestic and international levels, considers it necessary to observe the principles of fair trial and considers the provision of legal, criminal and disciplinary measures if necessary in case of violating these principles and ensures the possibility of referring to the Judiciary for Innocent defendants.