Международная студенческая конференция
«Современные подходы к доказательствам
в уголовном судопроизводстве»
15
PROTECTION OF INDIVIDUAL RIGHTS AND FREEDOMS WHEN
PROVING IN CRIMINAL PROCEEDINGS
Karaeva Kamolakhon
Student of International Law and Comparative Legislation
Tashkent State University of Law
Annotation.
Protection of individual rights and freedoms is a crucial aspect
of ensuring fairness and justice in criminal proceedings. It ensures that individuals
accused of a crime are afforded the necessary safeguards and guarantees to ensure
their fundamental rights are respected and upheld. This protection is important to
prevent any potential abuse of power by the state and to maintain public trust in the
criminal justice system.
Protection of individual rights and freedoms in criminal proceedings is
crucial to ensuring a fair and just legal system. However, there have been
numerous challenges and problems faced worldwide in this regard. Modern
solutions, based on international experience, have been implemented to address
these issues. Some of the main problems include:
Presumption of Innocence: One of the fundamental tenets of criminal
proceedings is the presumption of innocence, meaning an accused person is
considered innocent until proven guilty. However, in practice, this principle is
often challenged, and individuals can be subject to unfair treatment and
prejudiced judgments based on public opinion.
Modern Solution: Many countries have implemented legal reforms to
strengthen the presumption of innocence. These reforms include requiring the
prosecution to bear the burden of proof and ensuring that the accused is not
treated in a manner that assumes guilt before a fair trial.
Access to Legal Representation: In many jurisdictions, individuals may face
challenges in obtaining legal representation, either due to financial limitations or
a lack of availability. This can result in unequal treatment and a compromised
defense.
Modern Solution: Various solutions have been employed to address this
issue, including the provision of public defenders for those who cannot afford
private representation, legal aid programs, and pro bono services by legal
professionals. Additionally, some countries have implemented technology-driven
platforms to provide remote legal assistance and advice.
Lengthy Pretrial Detention: Excessive pretrial detention can infringe upon
an individual's rights, particularly if they are held for extended periods without a
formal trial or clear justifications. This violates the principle of the right to a fair
and speedy trial.
Международная студенческая конференция
«Современные подходы к доказательствам
в уголовном судопроизводстве»
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Modern Solution: Some countries have adopted measures to tackle this
issue, such as setting strict time limits on pretrial detention, encouraging
alternatives to detention, expediting review processes, and introducing
specialized courts to fast-track cases.
Coerced Confessions and Forced Evidence: Unlawful practices, including
physical and psychological coercion to extract confessions or evidence, pose a
significant threat to individual rights. This includes torture, ill-treatment, and the
use of unreliable or fabricated evidence.
Modern Solution: To combat this problem, international legal frameworks,
such as the United Nations Convention against Torture, aim to prevent and punish
torture and other cruel, inhuman, or degrading treatment. Countries have also
established independent oversight bodies, implemented recording systems, and
training programs for law enforcement to ensure the rule of law and prevent
abuses.
Use of Technology and Privacy Concerns: Advancements in technology have
raised concerns regarding the protection of individual privacy rights during
criminal proceedings. Issues may arise with surveillance, data collection, and the
interpretation of digital evidence.
Modern Solution: Governments and legal systems strive to strike a balance
between using technology to enhance criminal investigations and protecting
individual privacy rights. Emerging laws and regulations aim to ensure due
process in the collection and use of digital evidence, as well as to provide
safeguards for data protection and privacy rights.
International Experience: International experience has been crucial in
identifying these problems and formulating modern solutions. Through
collaboration, sharing of best practices, and adherence to international standards,
countries can continuously improve their criminal justice systems to better
protect individual rights and freedoms in criminal proceedings.
Protection of Individual Rights and Freedoms: The protection of individual
rights and freedoms is a fundamental principle in criminal proceedings. The legal
system aims to ensure that individuals are treated fairly, their rights are
respected, and their freedoms are preserved throughout the entire process. This
protection is crucial to maintaining a just and equitable criminal justice system.
In this response, we will delve into various aspects of safeguarding individual
rights and freedoms during criminal proceedings, citing examples from different
sources and employing paraphrases to highlight their significance.
One essential protection is the presumption of innocence, which states that
an accused person is considered innocent until proven guilty. This principle
places the burden of proof on the prosecution to prove the guilt of the accused
beyond a reasonable doubt. For example, in the case of R v Woolmington (1935),
the House of Lords emphasized the presumption of innocence as a fundamental
principle of English law.
Международная студенческая конференция
«Современные подходы к доказательствам
в уголовном судопроизводстве»
17
Another important protection is the right to a fair trial. This includes
various elements, such as the right to legal representation, the right to be heard,
and the right to cross-examine witnesses. It also involves the right to present
evidence and to challenge the evidence presented against the accused. A notable
example of the right to a fair trial is seen in the case of Gideon v. Wainwright
(1963), where the U.S. Supreme Court ruled that the Sixth Amendment guarantees
the right to legal counsel for indigent defendants facing serious criminal charges.
This decision established that individuals accused of a crime have the
constitutional right to legal representation, regardless of their ability to afford it,
thus ensuring fairness and protecting the individual's rights in criminal
proceedings.
For instance, the European Court of Human Rights, in the case of Salduz v.
Turkey (2008), held that a suspect's right to a fair trial was violated because the
accused was denied access to a lawyer during police custody. This ruling
emphasized the importance of the right to legal counsel as a means to protect
individual rights in criminal proceedings.
Furthermore, protecting the right against self-incrimination is essential to
maintain fairness in criminal proceedings. This right ensures that individuals are
not compelled to provide evidence against themselves, preventing any coerced or
involuntary confessions.
One notable example comes from the United States, with the case of
Miranda v. Arizona (1966). The Supreme Court ruled that individuals must be
informed of their rights, including the right to remain silent and the right to an
attorney, during custodial interrogations. This decision ensures that individuals
have the freedom to decide whether to provide self-incriminating statements or
remain silent, safeguarding their rights in the criminal justice system.
Moreover, the right to privacy plays a significant role in protecting
individual rights during criminal proceedings. This includes protection against
unlawful searches and seizures, as well as unauthorized surveillance. The
landmark case of Katz v. United States (1967) clarified that individuals have a
reasonable expectation of privacy, even in public areas, and that law enforcement
generally requires a warrant to conduct wiretaps or other forms of surveillance.
To guarantee the protection of individual rights and freedoms, countries
have enacted laws and ratified international treaties that outline and safeguard
these rights. For example, the United States has the Bill of Rights, which includes
the Fourth Amendment's protection against unreasonable searches and seizures,
and the Fifth Amendment's protection against self-incrimination. Similarly, the
European Convention on Human Rights, ratified by 47 countries, outlines various
rights related to criminal proceedings, including the right to a fair trial and the
right to privacy.
The protection of individual rights and freedoms during criminal
proceedings is an important aspect of Uzbekistan's legislation. The country has
made efforts to align its criminal justice system with international human rights
standards, although there are still some areas that need improvement.
Международная студенческая конференция
«Современные подходы к доказательствам
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One of the key protections of individual rights and freedoms in criminal
proceedings is the presumption of innocence. According to the Criminal
Procedure Code of Uzbekistan, individuals are considered innocent until proven
guilty. This means that the burden of proof lies with the prosecution, and the
accused is not required to prove their innocence.
Another important protection is the right to a fair trial. The Criminal
Procedure Code guarantees various fair trial rights, such as the right to legal
representation, the right to be informed promptly and in detail of the charges, and
the right to examine witnesses and evidence against them. Additionally, the
accused has the right to remain silent and not incriminate themselves.
In recent years, Uzbekistan has taken steps to strengthen the protection of
individual rights during criminal proceedings. For example, in 2017, the country
adopted a new Criminal Procedure Code, which introduced several reforms aimed
at ensuring a fair trial. These reforms included stricter requirements for the
admissibility of evidence, increased access to legal representation, and enhanced
rights for victims and witnesses.
However, despite these reforms, there are still concerns regarding the
protection of individual rights in practice. Human rights organizations have
reported cases of torture and ill-treatment in detention facilities, as well as
violations of the right to a fair trial. Additionally, the use of forced confessions as
evidence has also been a subject of criticism.
Overall, while Uzbekistan's legislation provides for the protection of
individual rights and freedoms during criminal proceedings, there are still
challenges that need to be addressed to ensure full compliance with international
human rights standards. Continued efforts to improve the implementation of
these protections are crucial for an effective and fair criminal justice system.
In conclusion, the protection of individual rights and freedoms in criminal
proceedings is essential to ensure fairness, justice, and the preservation of trust
in the legal system. Through the presumption of innocence, the right to a fair trial,
protection against self-incrimination, and the right to privacy, individuals are
afforded the necessary safeguards to prevent potential abuses of power. These
protections are enshrined in national laws and international treaties,
emphasizing their importance in upholding fundamental rights.
References:
1. Criminal process of the Republic of Uzbekistan: Textbook / B.A. Mirensky,
B.T. Akramkhodzhaev, D.M. Strakhov, A.H. Rakhmankulov, V.V. Kadyrova,
D. Kamalkhodzhaev
–
T.: Academy of the Ministry of Internal Affairs of the
Republic of Uzbekistan, 2014.
–
612 p.
2. Criminal procedure: textbook for bachelor's degree in law universities /
O. I. Andreeva [etc.]; edited by O. I. Andreeva, A. D. Nazarova, N. G. Stoyko and A.
G. Tuzova.
–
Rostov n/a : Phoenix, 2015.
–
445, [1] p.
–
(Higher education).
Международная студенческая конференция
«Современные подходы к доказательствам
в уголовном судопроизводстве»
19
3. "Fundamentals of Criminal Procedure: Textbook for Bachelors" (edited
by V.A. Davydov, V.V. Ershov) ("RGUP", 2017)
4. The Universal Declaration of Human Rights
5. Mamatkulova Kh. Some Issues of Ensuring of Procedural Guarantees of
Participants of the Criminal Process of the Republic of Uzbekistan. //
International Journal of Recent Technology and Engineering (IJRTE). Vol. 8, Issue
4, November 2019. ISSN 2277-3878.
