ضمانات حقوق المسجونين والمعتقلين في القانون الدولي

Abstract

The aim of this study is to identify an optimal framework for achieving, activating and guaranteeing the rights of prisoners in the period of punitive implementation and detention, without derogating from them, in normal circumstances or under exceptional circumstances. From this study, a major problem arises: Has international law been rich in rights guarantees to establish the effectiveness of international protection for prisoners and detainees? The introductory chapter of this study deals with a conceptual and historical overview of the guarantees of prisoners' rights during penal execution and detainees under exceptional circumstances. The first section deals with the protection of the rights of prisoners during punitive implementation in international law: through the provisions of international law. In order for penal institutions to play their corrective and rehabilitative role during the period of penal execution, they must have targeted programs and policies based on meeting the psychological, moral and religious requirements of prisoners And protect them from torture and other cruel or inhuman treatment or punishment. It would not have been logical to leave this entire jurisdiction to penal administration and to make the judiciary immune from punitive enforcement, which is a guarantee to protect the rights of the prisoner Nin to oversee the elimination of punitive implementation. The second chapter deals with the study of safeguards for the protection of the rights of detainees under exceptional circumstances in international law. In exceptional circumstances, there are fundamental rights that can not be excluded even during the declaration of states of emergency. They are stipulated in the international human rights treaties as the minimum guarantees, Including the guarantee of the right to life, the right to liberty and personal safety. Which guarantees the protection of the rights of detainees during this exceptional period. International law also provides for the protection of the rights of judicial detainees, considering that the judiciary is the guardian of rights and freedoms. On the other hand, international humanitarian law guarantees the rights of civilian detainees during armed conflicts through the provisions of the Fourth Geneva Convention of 1949. The Vienna Convention on Diplomatic and Consular Relations has faced the arrest of members of diplomatic and consular missions. By ensuring personal immunity in their texts. And an attempt to familiarize us with all elements of the study, has been adopted two scientific methodologies: the historical approach and the analytical approach. Key words:,