Topic: Rights of Accused
Country: Panama
Delegate Name: Hannah Baird
School: Forest Hills Eastern High School
Topic page: background guide and all position papers All Panama position papers GLIMUN 2015 committees
The Universal Declaration of Human Rights outlines a basic structure of rights afforded to those accused, but not all nations abide by it. Some nations have implemented the structure of the UDHR into their national Constitutions, but others have failed to do such because it conflicts with national interests. Thus, the scope of the rights of the accused in their definitions and implementations has come under fire as different nations interpret the laws differently and some nations fail to afford rights to those accused. Those accused must have a basic set of rights, and by helping states better balance their interests with national policy will assist in alleviating the grey space for those accused.
According to the Panamanian Constitution under Title Ⅲ sections 21-25, in Panama, individuals accused of a crime are afforded several rights that align with international policy, including the rights to be considered innocent until proven otherwise at a public trial, under the due process of the law, to not endure detainment for more than 24 hours without being brought before a competent authority, to be informed of their crimes upon their arrest, and to be allowed an attorney for police and judicial proceedings. In Panama, the rights of the accused are protected through law enforcement and the oversight of international organizations such as Amnesty International. The United Nations Human Rights Council, or HRC, can further define and monitor the rights of the accused by requesting annual reports of judicial proceedings and encouraging countries without preexisting definitions of due process to establish one. The balance between the rights of the accused and state interests that must be met comes into play when national security is threatened. Nations must walk the line between ensuring those accused are properly treated under the law while securing national interests.
Countries can no longer continue to deny rights to those accused, and realizing this, Panama recommends that the HRC request reports detailing the treatment of those accused. In our country, our national constitution that coincides with the rights established in the UDHR has assisted in framing the structure of rights afforded to the accused. We suggest that all nations properly abide by the processes addressed in the the Universal Declaration of Human Rights and further tailor their national constitutions to mirror the rights mentioned in the UDHR.
