Compensation for arbitrary pretrial detention in Iraq in light of the Corona pandemic - a comparative study

Abstract

Imprisonment is one of the most dangerous and complex issues. It affects the most sacred rights of the individual in society, especially in light of the Corona pandemic and the outbreak of the virus in most countries of the world.  It was necessary to pay attention to the issue of arresting and detaining the accused arbitrary precaution, and not to use the spread of the virus as an excuse to restrict freedoms and exceed the specified period for arrest, which was referred to by most of the constitutions. Therefore, a balance must be made between the interest of society and its right to punish the perpetrator on the one hand, and the right to enjoy freedom, especially if he is innocent, and that all procedures for his arrest and imprisonment were unjustified and arbitrary. One of the most dangerous measures that can affect the freedom of the accused (individual) is temporary detention, which is the most unjustified or arbitrary danger. In view of this, international conferences have been concerned, as well as the International Covenant on Civil and Political Rights, which stipulates that “every person has been a victim of arrest or an illegal arrest, the right to compensation”. Most of the legislation, as in France, Egypt and Algeria, as well as Iraq and other countries of the world, tended to compensate the convicted accused by counting the days he spent in pretrial detention from within the sentence period after it was proven that he committed the crime out of respect and reverence for the freedom he enjoys even if he was convicted. As for the defendant who spends days in custody beyond what is specified in the constitution, especially in light of the outbreak of the Corona virus and considering the latter an exceptional circumstance threatening public order within the state and directing all the state's capabilities to confront him. The accused may remain without being investigated and proven innocent or not, and he is judged days exceeding the specified period, and after that, his innocence of the accusations attributed to him appears. It appears that his imprisonment and the restriction of his freedom were unjustified, especially endangering his life through mixing with prisoners, which makes him vulnerable to infection with the virus.