Protecting human rights and upholding the rule of law primarily entails protecting the rights of the accused, their equality before the law, and their right to a fair trial. A competent, impartial, independent, and legally recognized court is necessary to provide a fair trial. Also, equal access to the courts, equal opportunities, and nondiscrimination between the two parties involved in the trial before the judge are all components of equality before the law.
No exceptions exist to the court's inherent right to be competent, independent, and impartial. Judge appointment and competency requirements are the first steps toward the judiciary's independence, this entails independence and impartiality in connection with a judge's promotion, transfer, suspension, or termination and genuine independence of the jurisdiction from political interference by the executive and legislative authorities. Judges ought to be protected from harassment and conflicts of interest. However, the position of judges, including their term of office, security, independence, and proper reimbursement, as well as, conditions of service, retirement age, and the necessary number of judges, must also be guaranteed in a way that complies with the law.
Moreover, a fair trial is essential, because it keeps the government from arbitrarily detaining, torturing, or punishing someone. The idea that "crime and punishment are determined by law" is prevalent in most legal and intellectual systems around the world, including Iraqi law. In other words, there are no crimes or penalties that are not listed in the actual text of the laws. Certain rights of the accused, such as those of the International Covenant on Civil and Political Rights, are guaranteed by laws of the Iraqi and Kurdistan Regional Governments. These rights include:
The indictment's contents must be communicated to the accused in a language he fully understands and speaks.
Be tried without any undue delay.
The accused is presumed innocent until proven guilty in court and in accordance with the law.
He can defend himself, or at his discretion, summon witnesses and use legal representation to present the evidence.
Allow enough time to prepare for his defense, assist with it, and speak openly and confidently with his counsel.
He is entitled to legal aid, which the court will fund.
The identities of the witnesses at trial must be disclosed to him, and he is entitled to question the credibility of those witnesses.
Under no circumstances shall he be tortured or coerced to testify, confess or remain silent.
His silence should not be interpreted as an admission of his charges.
It is not appropriate to bring two lawsuits for the same offense.
The accused may ask the prosecutor to provide any proof of innocence that the prosecutor has and that he believes demonstrates or intends to indicate his innocence or supports his innocence.
he accused has the right to appeal and have his case heard by a higher court.
There is a rationale for all of this, punishing the perpetrator is a necessary aspect of self-reflection and reconciliation, not of revenge, rather, it ought to be an aspect of self-examination and reconciliation, allowing the offender to more successfully reintegrate into society.
It is not in any way compatible with human rights for punishment to be used as retaliation, and the appropriate authorities to consider the accused with retaliation and give him a preliminary sentence, since there are numerous accused people in Iraq and the Kurdistan Region, human rights organizations both domestically and internationally have regularly condemned both governments.