چکیده:
The subject of this article is to examine the incidental conflict between the rights of society and the rights of individuals involved in criminal proceedings, particularly the accused and the suspect, and how to establish the necessary balance between them; meaning that in criminal proceedings, on one hand, persons, including judicial authorities and the media, citing the fundamental right to freedom of expression and information, consider themselves entitled to express and disclose information regarding the suspect, the accused, and their alleged crime for the sake of public interest and benefit; and on the other hand, the suspect and the accused, citing their established rights, namely the right to be presumed innocent and the right to privacy, consider the absolute exercise of the right to freedom of expression an obstacle to the enforcement of their rights. In this article, an attempt has been made to present the legal dos and don'ts in the implementation or modification of these rights by examining the laws and judicial practices of Iran, the laws of some countries, and international and regional documents, and especially the rulings of the European Court of Human Rights as a specialized institution in judicial proceedings of human rights cases.
خلاصه ماشینی:
Human Rights Standards and the Conflict of Individual and Societal Interests in the Criminal Process 1* Mohsen Khakzad Master of Human Rights Graduate, University of Tehran (Received Date: 2010/09/03 - Accepted Date: 2010/12/24) Abstract The subject of this article is to examine the inevitable conflict between the rights of society and the rights of individuals involved in criminal proceedings, especially the accused and the suspect, and how to establish the necessary balance between them; meaning that in criminal proceedings, on one hand, persons, including judicial authorities and the media, based on the fundamental right to freedom of expression and information, consider themselves entitled to express and disclose information regarding the suspect, the accused, and their alleged crime for the sake of public interest and benefit; and on the other hand, the suspect and the accused, based on their established rights, namely the right to be presumed innocent and the right to privacy, consider the absolute exercise of the right to freedom of expression as an obstacle to the enforcement of their rights.
France, 1999) Therefore, when high-ranking government officials and the media, despite the sovereignty of the absolute and fundamental right to freedom of expression as described above, are not permitted to publish information and especially the identity and image of suspects and defendants due to conflict with the presumption of innocence and also privacy (which will be discussed later), then naturally, judicial authorities should not be considered permitted to disclose or issue orders for the disclosure and publication of the identities of individuals involved in criminal proceedings, merely because their actions are in line with protecting the rights of society.
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