Some rights which is belong to human beings

A. Guarantees for prosecution in civil and criminal proceedings
Sunday, December 24, 2017
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author: علی اکبر مظاهری
موارد بیشتر برای شما
Some rights which is belong to human beings
Some rights which is belong to human beings

Translator: Davood Salehan


A. Guarantees for prosecution in civil and criminal proceedings
Article fourteen of the Covenant on Civil and Political Rights states important principles on these guarantees that today they are considered as fundamental component of any modern judicial system as a fundamental right of citizenship and is also one of the basic pillars of the minimum standards of international human rights: equality of all persons in the courts justice; the right to have a fair and public hearing in a competent and impartial tribunal and in accordance with the law, to prosecute all persons; the validity of the offense before the proof of the crime; the need to inform the accused person as soon as possible of the nature and causes of the charge; Providing sufficient time and facilities for self-defense and the right to access to a lawyer; necessity to give the opportunity to question the witnesses testifying to him; not forcing to testify against himself or confessing his crime; and the possibility of reconsideration. In practice, however, Israel's policy has always been in violation of the principles of justice; For example, a law was passed on March 20, 1950 under the title of "Unclaimed Property Custody", which on the basis of it many land belonging to the Palestinians, as well as the lands and the endowments of Islam, were seized by the Jews. Article 28 of this law gave the head of real estate the authority to acquire any land that does not have owner or owners; in the meantime, no protest is accepted and even in the presence of the actual owners of this Property, supervisor's decisions are binding, and no authority can ask him to show the source that proves the property is without the owner; that means the decision of the guardian is irrevocable. The remarkable thing is that not only justice (judiciary) should be implemented, but it also should look like this ideal famous law is the hidden logic behind the public proceedings.

B. Prohibition of racial discrimination
The application of discriminatory policies against specific populations based on race, religion, etc. today in international law is condemned so hard that in the International Criminal Court's constitution it is considered as anti-human rights crimes, and is prosecuted and punishable. In addition, Article 7 of this law, which is about Detection and definition of crimes against humanity, refers to issues such as murder, eradication, exile or forced emigration, imprisonment or severe deprivation of physical freedom, torture, persecution of any particular group for political, racial, National, ethnic reasons, and compulsory disappearance of individuals that are within the framework of one Extensive and organized attack against a civilian population with knowledge of the attack; it means the actions that took place in decades after the occupation of Palestine, especially during the second intifada. In this regard, it should be noted that Israel since its foundation so far has not only caused the fleeing or expulsion of the residents of the occupied territories (in two cases, even half of residents or more than five hundred thousand people), but also with the design and implementation of a settlement policy in favor of the Jews and against indigenous Arabs, has displaced hundreds of thousands of immigrant Jews in the occupied territories. In this regard, in addition to dispersed cases, Israel has taken five steps for the extensive seizure of Arab estates and giving them to immigrant Jews in January 1968, August 1970, March 1980, April 1991, and April 1992 only in Jerusalem. In addition, this procedure is also seen in the adoption of laws that easily confiscate non-Jewish property in favor of the Jews. It is worth noting that the Security Council, in resolutions 252 (1968) and 298 (1971), knows confiscation of property and the transfer of populations of the individuals ineligible, and in 1976, it states that Israeli measures are severely condemned because of desire to change the demographic composition and geographical features of the occupied territories, and in particular the settlement of that state. In addition, the Security Council, by resolution 446 (1979), commissioned the Commission to deal with the settlement of occupied Arab territories after 1967, and also the decision-maker on this issue in light of its findings. After many studies, the commission concluded that "the Israeli regime has been involved in a widespread, systematic and deliberate process of settlement in the occupied territories, which must take full responsibility." The committee added: "There are collateral relationships between settlements and depreciation of Arab population, on the one hand, and also the profound and unfavorable economic and social changes for the daily lives of the remaining Arab population, and the settlement policy will have profound and irreversible geographical and demographic changes in those lands which is considered violating the Fourth Geneva Convention and numerous resolutions of the General Assembly of the Council of Europe. The Council also in resolution 465 (1980) considered the Israeli settlement policy as obvious violation of the Fourth Geneva Convention of 1949. On this basis, Israel's behavior can be regarded as a racist act based on the general rules of international law as well as on the testimony of the globally valid and impartial institutions, which according to international criminal law, is regarded as a set of criminal acts and it can be prosecuted and punished.

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