نوع مقاله : علمی - ترویجی
کارشناس ارشد حقوق بینالملل (دانشگاه آزاد اسلامی واحد چالوس)
عنوان مقاله [English]
With the legislation of the European Convention on Human Rights and fundamental Freedoms in 1950 and with the examination of the judgments made by the European court of Human Rights, dealt with in this Essay, the basic role of such rights in the introductory phase of pre-trial investigation is well proved. The Principle of Innocence has a close relationship with the Principle of Autonomy and Impartiality, the violation of each of these principles, shall result in the violation of the other ones. On the other hand, if the suspect is entitled to freely contact their attorney, due preparation for the Defense Bill shall be made feasible. The right to enjoy language assistance or having a translator, is the third right, which results in a fair trial, even in contumacy proceedings. Moreover, the right to be immediately and carefully informed of the reason and nature of the charge in an understandable language is one the other requirements of a fair trial. It is mentionable that the duration necessary for the provision of defense preparations may be different in each case. The right of liberty of the suspect during the court procedure is another right, which is deemed to be an absolute right within the Convention and the application of any limitations on it shall be unacceptable. As a result, it may be claimed that the rights related to far trial are respected in the phase of pre- trial investigation; a fair trial may be expected.