CONTEMPORARY CHALLENGES AND LEGAL REMEDIES IN ENSURING THE RIGHT TO A FAIR TRIAL

Аннотация

The study has shown that human rights violations occur exclusively within the framework of procedural law. Specifically, human rights violations are not discussed within the scope of substantive law; nstead, they predominantly arise during the implementation of norms that ensure and protect rights. Furthermore, even if substantive law contains provisions that may violate human rights, failure to implement them cannot be considered as a human rights violation.

Criminal procedural laws and regulations clearly define the sequence of actions aimed at ensuring the rights of participants involved in criminal proceedings, whether as victims or suspects. Despite this clarity, due to the practical circumstances, law 
enforcement officials often interpret and apply criminal procedural norms in ways that serve their interests. In some cases, they deliberately fail to apply these norms, thereby violating the rights and interests of others. This study has determined, through an analysis of complaints submitted to human rights organizations and statistical data, that human rights violations most commonly occur in the context of individuals under investigation for criminal offenses. Since such violations persist, identifying solutions to eliminate them is a key objective of this 
research. By examining the implementation of the right to a fair trial—a fundamental safeguard for individuals accused of crimes-along with related statistical data, criminal procedure enforcement, and national and international regulations, this study provides findings and proposes solutions to address the identified issues.