The human right to integrity of the body

The human right to integrity of the body

Judge Ali Kamal

2018-09-16 01:33:00

There is no doubt that the man made by God and created it has been said by God in the context of honoring him has challenged God Almighty the greatness of this creation and that creation, then Almighty, "We created another creation, God bless you the best creators."

There is no doubt that the most important sanctity of man is his body, in which he lives by his spirit, as the body is the abyss of the soul. Islam has bestowed protection on this body, even after the soul has separated it, making the human body inviolable or violating human right to physical integrity in the context of positive thought Man, that right which allows this man to cherish the value of safety and the body freeing his body from all physical and psychological pain. Therefore, it is one of the basic rules that prohibit the members of the public authority of all kinds to perform any work that violates the freedoms and individual rights, especially the right to safety of the body due to its sanctity and importance in the life of the individual and the building of society.

Therefore, the importance of this issue in highlighting the role of members of the judiciary, which is organically connected with the general objectives of the criminal procedure laws in exposing the truth in order to punish. Based on the above, we find ourselves in need of reconciling two conflicting interests in the interest of society in revealing the truth and establishing the state's authority in punishment which requires taking the necessary measures in the face of those who are harassed or suspected of disturbing social relations and the interest of the individual which requires not to be exposed or His right to bodily
integrity shall be violated as long as his conviction has not been proved by a court order to have all the necessary guarantees to protect his right to physical integrity. We have already mentioned that the members of the judiciary have a prominent role in taking legal proceedings against the accused and implementing the decisions of the investigating judge and follow them until the accused is referred to the competent court. The law gave them wide powers to carry out these duties such as search and arrest, Free from crime and in the course of what has been mentioned, we realize the importance of the work of the member of the judicial control diamond the right to the safety of the body for each person in general and the accused in particular and the consideration and powers available or granted to members of the judicial control is not absolute non-regulation because the objectives that call The violation of the rights and freedoms of individuals at the time of the crime is the same, which requires the compatibility of rights and freedoms between the interests of society and security so as not to overwhelm The rights and liberties of the individual at the expense of the security of the community and its interests, otherwise the community's interest in these rights and freedoms is extinguished on the grounds that the security of the society and its interests prevail over the security and rights of the individual. Therefore, it is noted that the law intervenes to regulate these authorities and establishes their bases on a clear basis for guaranteeing these rights and freedoms. To be investigated by the judiciary and provided that the judicial authorities are subject to supervision in carrying out such work The judicial authority as the natural guardian of individual rights and freedoms It is clear to us that the powers granted by the law to members of judicial control at the time of the crime are restricted by legal restrictions for fear of abuse, injustice and arbitrariness. Personal and any violation thereof may result in the liability of the member, whether criminal or administrative or civil, as well as not give any legal value of the action he has done and may result in evidence.

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