حق دفاع متهم در اسناد بين المللي و قوانين افغانستان

The Right to Defense in International Human Rights Instruments and Afghan laws

The Right to Defense is a cornerstone of Fair Trial. When the Defense Section (defendant and his or her counsel) from one hand and the Prosecution Section (Prosecutor and victims) from the other hand, Take part in an adversarial proceeding and finally the case be adjudicated by independent and impartial judges, then we can enumerate this process as a Fair Trial. The right to Defense has been recognized by international and regional human rights instruments and interpreted and commented by observer bodies. Meanwhile it has been guaranteed by domestic laws in many countries. Afghan new codes, emphasized on recognition of the above right too. This article discuss the right to defense in international human rights instruments and being guaranteed of it by Afghan laws, comparatively.