Topic: Rights of Accused
Country: Portugal
Delegate Name: Connor Miller
School: Mattawan High School
Topic page: background guide and all position papers All Portugal position papers GLIMUN 2015 committees
The Portuguese Republic recognizes the issue of varying governmental policies regarding criminal procedure. Some states arrest individuals and refuse to inform them of their charge, hold them for long periods without trial, and try them in a court where the individual must prove that they are innocent. Torture is also a recurring issue in these states. Most sovereign states claim to support and comply with the Universal Declaration of Human Rights, established by the United Nations in 1948 to create a standard for governments worldwide, yet diplomatic dishonesty might lead states to ignore completely the UDHR in practice. Also, bureaucracies and groups completely separate from state governments hold the accused and run illegitimate trials. This most often occurs in underdeveloped and insecure regions, but notably the United States commits terrible atrocities and abuses of human rights such as this in its prisons for non-domestic terrorists at the Guantanamo Naval Base on Cuba.
Portugal has a civil law system in all levels of its judiciary system. All of its accused individuals receive fair treatment without torture and a fair trial. Most significantly, Portuguese defendants begin a trial as innocent; the prosecution must determine undeniably that the defendant is guilty. Thus, Portugal protects the rights of the accused. Its membership of the European Convention on Human Rights undeniably proves this. Article 6 of this treaty notably protects individuals, especially those affected by bureaucratic inefficiency, from inadequate criminal procedure by allowing them to “act in the international arena” like states can. The republic’s delegation seeks to require that all other states adopt similar policies.
Accordingly, the Portuguese Republic hopes to see this Human Rights Committee ensuring the most equal and fair treatment and due process of individuals accused of any crime. Following the spirit of the UDHR, this committee must pass a resolution that protects such individuals. A good solution must make illegal legal systems that conflict with the presumption of innocence, and promote high standards of living for detainees. Torturing the accused should be illegal by this solution at all levels and in all states. Furthermore, to prevent bureaucratic levels of government from abusing the rights of the accused established by the United Nations, a commission should be created to monitor the criminal system in every state. States found to have individuals abusing the rights of the accused would be investigated and reformed by a UN Peacekeepers’ mission.
