Analyzing the Dimensions and Components of the Challenges of Exercising the Duties and Powers of Judicial Officers in the Field of Individual Rights

Abstract

Judicial officers, considering the works left throughout the history of Iran under various titles in order to help maintain and enforce the law, detect crime and prosecute the accused, have always had a special place in the governmental and judicial system. Creating security, establishing justice, social order and discipline, preventing crime, identifying the factors and conditions that lead to the occurrence of crime, and increasing the confidence and trust of the members of society depend on the positive interaction of judicial officers with the judiciary. The implementation of the criminal justice system, and at the forefront of it, judicial officers and prosecutors, intersects with the restriction of the rights and freedoms of individuals. From prosecution and arrest and interrogation and notification and investigation to the execution of the verdict, it directly conflicts with individual and public rights. However, despite the importance of the role of judicial officers in this field, there are challenges; for this purpose, in this study, using a descriptive-analytical method and with the aim of examining these challenges, the question was raised: "What are the challenges of exercising the duties and powers of judicial officers in the scope of individual rights?" In the legislative discussion, the legislator has not mentioned the right to remain silent. It has also not included some important issues, such as explanation of the charges and the right to access a lawyer, in Article 63, even though this issue is one of the most important defense rights of individuals under surveillance. Another challenge in this regard is the lack of attention to training officers and making them specialized. This issue arises from problems such as parallel work and similarity of duties, lack of unity of command, and the existence of multiple information centers, which affect the human dignity and rights of the accused. These challenges include the inadequacy of police resources and facilities to the volume of cases, the lack of specialization and the judicial system's focus on the individual, the weakness or inefficiency of the scientific discovery method of crimes, the lack of modern tools and equipment for crime detection, the accusation-centered and confession-centered culture that dominates the behavior of officers, and the prioritization of expediency over individual rights. And the solutions to deal with the challenges of exercising the duties and powers of judicial officers are to provide experienced human resources and facilities and equipment, cooperate and coordinate with the responsible agencies, and use the experiences of other countries.