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Information Journal Paper

Title

A Comparative Study between Limitation of the Liberty of Suspect in Iran and Afghanistan Laws with Emphasis of the International Covenant on Civil and Political Rights

Pages

  755-778

Abstract

 The Personal Liberty right is not an absolute Right. The ICCPR and the Iran and Afghanistan Laws have recognized Liberty as a principle throughout the criminal proceedings. According to these laws, to limit the liberty of a Suspect is an exception and shall be used as the last resort by unless if there is time limit to prescribe other measures As Article 9 of the ICCPR permits the limitation of the liberty of Suspect by Law. Human Rights Committee (HRC) has required Member States to abide by the International Fair Trial Standards. The Afghan Legal System Considers; Suspect the Person who is in the Authority of Law Enforcement Officers and The Legal Conditions of limiting liberty in Afghanistan Criminal Procedure Code has limited this to important evident crimes. However, in Iran legal System that Person Considered Accused and Law Enforcement Officers have Authority to Deprived the Accused Liberty in the Police Detention Center for a Maximum of 24 Hours into Evident and non-Obvious Crimes, whether important or not Important. While According to the International Fair Trial Standard, for minor Cases the Law Enforcement Officers may impose suitable Non-Custodial Measures, as Appropriate.

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