Judicial practice in combating and preventing torture with a view to domestic documents and the Declaration of Islamic Human Law and International Documents

Document Type : Original Article

Authors

1 PhD student in Criminal Law and Criminology, University of Tehran, Kish International Campus

2 Associate Professor, Faculty of Law, University of Tehran

Abstract

In the contemporary world, despite the development of human rights principles and the efforts of international institutions and organizations to protect individuals from immoral and inhumane behavior in the process of arrest and detention, we are witnessing human rights violations, ie torture by government officials who are arrested with dignity and dignity. There are two basic questions. One: Can the scientific process of crime detection and investigation, taking into account other aspects such as the competence of interrogators and the use of appropriate day-to-day equipment, be effective in eliminating or reducing torture? Two: Is it? Adoption of criminal policy in the field of legislation and implementation in accordance with international documents is effective in eliminating or reducing this criminal phenomenon? The research method is based on the study of domestic and international documents and the impact of service experiences in law enforcement. In general Success in adopting a criminal policy of preventing and combating crime Torture can be considered as having four main components.1- Scientific process of crime detection2-Competence of interrogators3-Establishment of judicial oversight and health institution4-Eliminating ambiguities and shortcomings in domestic law and aligning with international law and documents, then changing the structure of the police and the judiciary and changing the legislator's attitude towards the phenomenon of the crime of torture can eliminate or reduce the crime of torture in the investigation process

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