Compensation of the accused for arbitrary arrest (Comparative study)

Main Article Content

Hussain Jassim Shati

Abstract

The arrest of persons is a serious procedure authorized by law during the investigation phase, if the interests of the investigation require such action to be taken in order to establish the truth. The risk lies in the fact that it directly affects and limits the freedoms of persons and prevents them from exercising their normal lives.


Most notably, the legislation restricted the arrest to the judicial authorities, assuming competence, independence, impartiality and impartiality between the parties to the proceedings. While such safeguards were in place, the legislation did not prevent the arrest from being arbitrary, especially when investigating judges were overreacting in many cases that did not require arrest at all.


          Some judges may use the arrest procedure as a punitive measure, especially in cases of clan disputes, or quarrels between some neighbouring families. The judge argues that the arrest continues to force the disputants to reconcile with each other. In such a case, does he compensate the accused who has been arbitrarily arrested?

Article Details

How to Cite
حسين جاسم شاتي. (2024). Compensation of the accused for arbitrary arrest (Comparative study) . MIsan Journal of Comparative Legal Studies, 1(8), 112–133. https://doi.org/10.61266/mjcls.v1i8.186 (Original work published July 23, 2023)
Section
Articles