A Study of the Rights of the Convicted Person (Offender) from the Perspective of National and International Legal Instruments
DOI:
https://doi.org/10.55544/ijrah.6.5.23Keywords:
Convicted Person, Rights of Convicted Persons, Human Dignity, Fair Trial, Torture, Right to Defense, Prisoner, Detention Rights, Rehabilitation, Social Reintegration, National Laws, International Legal InstrumentsAbstract
The rights of convicted persons constitute one of the important and fundamental subjects of modern criminal justice. The commission of a crime and conviction by a criminal court do not mean that a person loses all of his or her human and legal rights. Rather, in addition to those rights that may be restricted by law or judicial order, a convicted person must continue to enjoy the right to human dignity, protection from torture and inhuman or degrading treatment, health care, legal defense, family relations, privacy, a fair trial, and other legally recognized rights.
The fundamental philosophy of criminal justice should not be limited to punishment; rather, justice, proportionality of punishment, public security, rehabilitation, and social reintegration should also be regarded as important objectives of the criminal justice system. Therefore, respecting the rights of convicted persons does not constitute justification of crime or support for offenders. Instead, it is an essential requirement for the rule of law, limitation of criminal authority, legitimacy of justice, and protection of human dignity.
This study examines the rights of convicted persons from the perspective of Afghanistan’s national laws and international legal instruments and seeks to identify the similarities and differences between the national legal system and international human rights standards. The study examines the legal foundations of various rights of convicted persons, including human dignity, protection from torture and inhuman or degrading treatment, the right to health care, the right to legal defense, the right to maintain family relations, the right to privacy, the right to a fair trial, the right to humane conditions of detention, and the right to rehabilitation and social reintegration.
The study concludes that legal guarantees for the rights of convicted persons can be considered effective only when these rights are not merely recognized in legislative instruments but are also practically respected and protected throughout all stages of criminal proceedings, including investigation, trial, imprisonment, and execution of punishment.
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References
Ayubi, F. R. (2017). Principles of criminal courts (1st ed.). Mostaqbal Publishing Society.
Ashouri, M. (2005). Criminal procedure (9th ed., Vol. 1). SAMT Publishing.
Danesh, H. (2019). Principles of criminal trials (1st ed., Vol. 1). Muslim Publishing Society.
Danish, H. (2020). Law of obligations (1st ed., Vol. 1). Muslim Publishing Society.
Farayabi, M. A. (2014). Procedures and principles of criminal trials (1st ed.). Saeed Publications.
Gholami, H. (2021). Commentary on the Criminal Procedure Law (1st ed., Vols. 1–2). Madicoso Publications.
Jafari Langroudi, M. J. (1999). Legal terminology (10th ed.). Ganj-e Danesh Library.
Nikmand, M. O. (2020). The legal basis of the right to silence in Afghanistan. Qaza Journal, Supreme Court of Afghanistan.
Rahmdel, M. (2006). The right to silence. Journal of Justice Law, 56–57.
Rasouli, A. (2014). Fair trial (1st ed.). Saeed Publications.
Rasouli, A. (2015). Commentary and explanation of the Criminal Procedure Law (2nd ed.). Saeed Publications.
Rasouli, A. (2018). Principles of criminal trials (1st ed.). Saeed Publications.
Salehi, M. S. (2019). Principles of criminal procedures and trials (1st ed.). Hamed Resalat Publications.
Stanekzai, M. Z. (2014). Principles of criminal procedures and trials (1st ed.). Hamed Resalat Publishing Society.
Stanekzai, N. (Ed.), Wasel, A. A., Najib, Z. R., Ramizpur, A. A., Qadiri, F., & Hakimi, B. (2008). Dictionary of legal terminology (1st ed.). Afghanistan Justice and Judicial Project.
Stanekzai, P. (2021). Principles of criminal trials (1st ed.). Nawey Mostaqbal Publications.
Yousufi, I. (2016). Criminal procedure (2nd ed., Vol. 1). Mizan Publishing.
Zamany, Y. (2014). Principles of criminal trials (1st ed.). Elmi Publishing Society.
Zirkesar, H. S. (2022). The position of the accused’s rights in Afghan criminal law. Journal of New Advances in Psychology, Educational Sciences and Education, 5.
United Nations. (1948). Universal Declaration of Human Rights. United Nations.
United Nations. (1966). International Covenant on Civil and Political Rights. United Nations.
United Nations. (1984). Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. United Nations.
United Nations Human Rights Committee. (1992). General Comment No. 21: Article 10 (Humane treatment of persons deprived of their liberty). United Nations.
United Nations General Assembly. (2015). United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules). United Nations.
-Lawrence, R. (2024). A positive right to rehabilitation? An examination of the “principle of rehabilitation” in the case law of the European Court of Human Rights. Human Rights Law Review, 24(2), ngae004.
Nikoleishvili, K. (2025). Prisoners’ right to rehabilitation: Micro and macro level indicators for the assessment of the fulfilment of states’ positive obligation. German Law Journal, 26(4), 668–682.
Duff, R. A. (2001). Punishment, communication, and community. Oxford University Press.
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