Defense Rights and Their Protection Mechanisms in International Conventions and Saudi National Legislations

Safa Abdel-Hai Mohamed Azzam

Assistant Professor, Department of Law, College of Business Administration, Prince Sattam bin Abdulaziz University, Al-kharj 11942, Saudi Arabia

Abstract:

This study examines the complex notion of the right to defence in Arab legislation, comparing it to international standards. The primary objective of this research is to provide a comprehensive understanding of the fundamental nature and importance of defence rights, by examining its linguistic and terminological definitions. The concept of the right to defence is widely recognised in academic discourse as a crucial mechanism that enables individuals to effectively respond to external infringements upon their rights, thereby providing them with substantial legal safeguards. This study systematically investigates three primary objectives: comprehending the fundamental nature of defence rights, scrutinising these rights on both international and national levels, and elucidating key guarantees such as comprehension of charges, confrontation of evidence, freedom of speech, access to legal counsel, and the privilege to remain silent. The fundamental right to defence is recognised and protected by international treaties and national laws within the judicial framework. The aforementioned inherent right predates its formal legal expressions and should be upheld even in the absence of explicit legal recognition. By disregarding these primary risks, the integrity of justice is compromised. As a result, the significance of this matter is underscored in the majority of international agreements and domestic laws. This study emphasises the importance of safeguarding defence rights as fundamental to ensuring a just trial, as well as their acknowledgment within international treaties and agreements. However, the complete alignment of these rights with global standards is still an ongoing process. The recommendations primarily centre on enhancing the protection of individuals' rights to a fair defence, guaranteeing suspects' access to legal representation, and implementing measures to hold authorities accountable for any undue restrictions imposed. The study culminates by highlighting the sagacity of Prophet Muhammad, who espoused the prioritisation of mercy over punitive actions.

Keyword:

Essence of defense rights, International and national levels, Evidence confrontation, Legal counsel access and right to silence