ضمانات حصول المتَّهم على المحاكمة العادلة وتطبيقاتها دراسة ميدانية تحليلية على ضوء القانون الفلسطيني والشَّريعة الإسلاميّة
The study aims to identify the principles of fair trial in Islamic law; to identify the extent to which the Palestinian law is committed to provide guarantees for the accused in obtaining a fair trial compared to Islamic law; to explain the adequacy of the available guarantees in achieving a fair...
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| Summary: | The study aims to identify the principles of fair trial in Islamic law; to identify the
extent to which the Palestinian law is committed to provide guarantees for the accused
in obtaining a fair trial compared to Islamic law; to explain the adequacy of the
available guarantees in achieving a fair trial for the accused in the Palestinian Penal
Procedure Law compared to Islamic law; and to identify the extent to which the
employees of the Palestinian police force and judiciary adhere to the provisions of the
law to ensure the right of the accused to a fair trial. This study sought to determine the
guarantees of the accused in the trial stage. The study used the comparative approach
and the analytical descriptive method that integrated quantitative and qualitative. It is
the appropriate method for studies that employ fieldwork, such as an interview or a
questionnaire. The study concluded that the level of application of the guarantees from
the point of view of the accused was moderate, as it was found that there is delay
experienced by the accused in obtaining the decision for his conviction or release.
This delay is caused by the court from the point of view of the accused. It was also
found that there was failure from the Public Prosecution to examine witnesses without
pressure in accordance with the law; failure in the judge’s assurance that the
confession was not extracted from the accused by force and with regard to the judge’s
assurance that the accused was not subjected to torture before the trial; as well as with
regard to the right of the accused not to postpone the trial more than once. The results
of this study, according to a survey of Palestinian lawyers in Palestinian courts,
showed that the percentage of fairness achievement was moderate. They have some
objections to achieving fairness, represented in the fact that the judge does not put the
interest of the accused first in all procedures, and the judge does not usually stand by
the accused until proven otherwise. The results showed that the lawyers’ survey shows
that the achievement of fairness in the Islamic system in the past is better than the
system in the courts of today in terms of achieving fairness and ensuring that the
accused obtains fairness during the trial. They also see that putting the accused in a
cage is a violation of his right, a procedure that was not used in the Islamic judiciary
in the past. Likewise, they do not believe that the principles of trial in courts today are
derived from Islamic law. The results of the study showed that the Public Prosecution
sees that fairness is achieved by the court, and that the Palestinian judicial system is
impartial and achieves a high level of fairness in dealing with the accused. They
believe that the judicial system is impartial and takes into account all the rights of the
accused and seeks to implement them. The results also showed that the judges see
fairness and legal integrity in dealing with the accused, guaranteeing his rights in all
stages of the trial until the verdict is issued, and that there are some mistakes that must
be addressed. |
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