دور قانون الحقوق الانكليزي وانعكاسه على عدالة الإجراءات الجنائية التي تضطلع بها سلطات التحقيق في بريطانيا - " قضايا اعتقال بعض المواطنين العراقيين أنموذجاً"

الملخص

In England and Wales, under the provisions of the Human Rights Act that has been enacted in 1998 and came into force in 2000 the European law or the European Convention on Human Rights becomes directly enforceable in domestic courts.

This research endeavors to examine whither the incorporation of the European Convention on Human Rights into English legal system successfully brings the system to attain full compliance with the obligations of due process required by the European law or not. The issues discussed in this research include four sections to conclude that, on the one hand, the Human Rights Act have a positive influence on the protection of  human  rights in the criminal process and rights of persons facing these proceedings. On the other, the current study demonstrates that the threat to freedoms and liberties under criminal legal system involves the theoretical weakness in some aspects and maltreatment of individuals.

In light of the aforesaid, this research will look into the impact of the Human Rights Act in due process through four Sections. First section examines the effect of the Human Rights Act on the English legal system in a way that is compatible with the European Convention on Human Rights. Section two shows the impact of the Human Rights Act on the right to remain silent during criminal proceedings. Section three endeavors to show the impact of the Act on the right of liberty in order to strike right balance between combating crimes and due process during criminal proceedings. Section four is devoted to examine complying between the European convention and fighting terrorism in England and Wales. Finley, the conclusion of this study summarises the outcomes of the research.