Rights of Accused

Topic: Rights of Accused
Country: Angola
Delegate Name: Timothy Gombis
School: Forest Hills Northern High School

In many nations, the concept of the rights of the accused does not apply to many courts or judicial systems. The Universal Declaration of Human Rights (UDHR) suggests to many members of the United Nations to treat the accused or guilty with due justice and a right to fair trial. Many countries, even developed, “forget” or neglect to obtain a thorough trial for accused citizens, giving them time in penitentiaries and prisons for years without considering the fact that they were not justly examined.

Angola wholeheartedly supports the freedom accused persons deserve, such as thorough examination of the possible crime committed, a just and meticulous trial, as well as the overseeing of these institutions. Many abuses of these rights stem from the negligence of law enforcement of states, which can be stopped by monitoring said enforcement with a government sanctioned organization or even a committee from the UN itself or an NGO (stepping up the efforts of existing ones or creating new ones). Such infringements may include: torturing of the accused, failure to report happenings between the enforcement and the accused at hand, and a fast and unthorough trial. These infringements may be further discussed within a committee. Even still, the main incentive for engaging in this topic is to prevent the false incarceration of the accused, which can even cause states to have to invest more in prisons and jails. This also, in the long run, deteriorates a nation’s reputation and overall social stability which can lead to civil unrest.

Topic: Rights of Accused
Country: Argentina
Delegate Name: Benjamin Brewster
School: Royal Oak High School

Ever since the first emergence of human civilization, the need to govern, and the need to enact and enforce law, have been considerable and equally apparent. Since then, the concept upon which a nation, state, or empire must be governed has been the cause of tremendous amounts of debate, turmoil, and bloodshed. Today, the United Nations sets a precedent for the ethical enforcement of law through its Universal Declaration of Human Rights. But, as Argentina is keenly aware of, many nations do not always adhere to these principles as closely as many others. In fact, many states clearly defy several if not many of the principles laid out in the UDHR. Many of these any these state issued human rights violations, however, are centered in the field of the rights of accused persons.

The delegation of Argentina is greatly troubled by the Amnesty International report stating that 32% of all imprisoned people in the world are yet to have had a trial, and that in most developing countries, there is only one lawyer for every 50,000 people. These statistics only advance the idea that there needs to be a serious crackdown on the denial of basic human rights by governing bodies or states, specifically in the field of rights of the accused. Argentina believes that through a multinational organization, such as the United Nations, a solution can be found that incorporates more detail and more agreeance than any unilateral decision made by an individual or group of nations. But this raises the question as to how the United Nations can and should combat the issue of rights of the accused, and what should be done to make certain that the basic elements of its resulting resolution are strongly adhered to and equally effective.

It is in the strong belief of this nation that the makings of a good resolution to target violations in a government's rights of the accused begins with the combatting of the most prominent of violations, such as arbitrary detention. By combatting the most relevant issues with the broadest of scopes, this resolution can make the most of its power and effectiveness. Likewise, in order for a resolution of this magnitude to be effective, there must be some sort of monitoring device agreed upon and laid out specifically within its confines. Annual reports to be completed by third party representatives agreed to in the resolution, using a specifically documented system of operations, can keep countries of concern from obfuscating the extent of their violations behind closed doors. If there is to be any progress in the way humanity deals out its legal judgements, governments and individuals that seek to corrupt a fair system must be held accountable.

Since emerging from a decades long span of violence and uncertainty, Argentina has been among South America’s most stable and reputable democracies. Such a democracy is strictly held upon values such as fairness and legitimacy in decision making, especially in terms of government and justice. Argentina has many laws that uphold the word of the United Nations Universal Declaration of Human Rights, especially in the realm of the rights of accused persons. Argentinians are guaranteed a free trial by jury, as well as counsel if they cannot afford it themselves. Argentina considers it to be the responsibility of both itself and the United Nations to work towards ensuring that all people, regardless of race, nationality, theology, and sexual orientation are ensured the very same rights. We greatly look forward to discussing and debating the issue at hand, and hope to make meaningful strides towards the advancement of rights concerning accused persons throughout the world.

Topic: Rights of Accused
Country: Australia
Delegate Name: Will Cathcart
School: Kalamazoo Central High School

Like many other 1st world nations, Australia protects the rights of its accused citizens quite strictly. The rights the accused have in the nation of Australia are as follows: innocent until proven guilty, the right to remain silent, the right to remain free unless formally arrested, the right to have a recorded interrogation, and the right to conceal past convictions from a trial. These rights are very similar to those of many nations with a similar governmental and political structure to Australia.

With many countries, their rights for the accused are just simply a guideline and are hardly acted upon. In the Nation of Australia the national court system does the best they can to uphold these rights and is often quite successful. However as in any country, even ones that uphold their rights to the fullest, there are some flaws to the system that impede the rights that must be given to the accused. This includes the nation of Australia.

While in the HRC Australia hopes to establish a set of international guidelines to create a set of rights of the accused peoples in the nation they reside in. Australia would also like to see nations that already have already established their rights for the accused uphold these rights to the best of the nation's ability.

When it comes to the interest of the state, if a nation is abusing its accused people the country needs to be reprimanded for such an act. Australia believes that when a nation is abusing its citizens is wrong no matter if they are accused of a crime in the highest degree. Australia believes that no matter who a person is or what a person has done they should be granted at least the most basic of rights that will protect them in a court of law.

The Nation of Australia is looking forward to debating further with the HRC delegation about the issue of giving accused persons the rights they deserve.

Topic: Rights of Accused
Country: Belgium
Delegate Name: Brendan Jackson
School: Grand Blanc High School

During the past century, the basic human rights of individuals have become an increasingly more important issue to nations around the world. As the recognition of these essential, unalienable rights has disseminated throughout the world, the rights of those who have been accused of crimes have also become more prevalent in the eyes of the international community. The freedoms that are due to every human being at birth become complicated to uphold when they are being applied to those who have committed crimes against fellow people. Thus, the international community needs to establish firm guidelines that eliminate these “grey areas” of the rights afforded to the accused.

Belgium has extended every essential human right to its accused persons, providing them with a fair trial, presumed innocence, free legal counsel, and more. We abolished capital punishment for a variety of reasons, not least of which being the not insignificant chance that an innocent person be accused and sentenced to death, which the nation of Belgium seeks to avoid at all costs. In addition to this, people can be arrested only during the perpetration of a crime or by a warrant obtained from a judge less than 24 hours previously, further eliminating potential human rights violations. Finally, the rights of prisoners are extremely just, as they are afforded nutritious food, contact with friends and family, reading material, and the right to practice the legitimate religion of their choice. We, the state of Belgium, allow visits from human rights watch groups at any time, as we have nothing to hide from the international community. Despite suggestions that our prisons are slightly overwhelmed and that our legal proceedings are excessively long, Belgian authorities have maintained human rights at standards far above the minimums of international law, and remain fully committed to keeping them that way.

The royal nation of Belgium hereby formally recommends to the United Nations Human Rights Council (UNHRC) that it pass a resolution that affirms the rights of the accused to be exactly equal to the basic human rights of any citizen of the world. This resolution should extend these rights into every possible area, including speedy and fair legal proceedings, free legal representation, and treatment while imprisoned. It should also establish a committee, the Rights of the Accused Committee (RAC), to be a subsection of the UNHRC and monitor the rights of the accused across the world. This committee should be granted the power to conduct human rights watches across the globe, and should compile a report on a regular, frequent basis to allow the international community to track the progress of the committee. The resolution should also establish a method of condemnment or punishment for nations who refuse to comply with the provision of equal rights to all accused persons, be it in the form of economic sanction through the Security Council, or other means. We, as a community, must begin to respect all people as equals, but most especially the accused, as they have yet to be proven guilty, and because even guilty people deserve their most inherent, unalienable rights.

Topic: Rights of Accused
Country: Benin
Delegate Name: Harrison Greenleaf
School: Williamston High School

Every nation around the globe has a few things in common, one of which being crime. It does not matter whether a country is wealthy or poor, developed or developing there is still crime. While crime might be a common factor for society, each nation has different policies and justice systems. An issue that has developed since the ratification of the Universal Declaration of Human Rights is how countries should treat those accused of a crime. Even though there are clear guidelines within the Declaration, many have argued that it infringes on national sovereignty. Multiple reports have illustrated the disregard that states have when it comes to fulfilling the guidelines the Declaration has set. Horrible stories of injustice and abuse are starting to show that even the most basic of rights are being abridged in the name of the protection of the state. One of the most controversial reports being about Torture. In Article 5 of Universal Declaration of Human Rights, it directly prohibits any form of torture. Yet, even nations who are the utmost supporters of the document have admitted to using torture. As a global community, the United Nations and the Human Rights Council must address these alarming issues. There has to plan which will either enforce the Declaration within nations’ borders or revise it entirely.

Benin deeply cares about this issue as it is our duty to uphold the protection of all people, even those who are accused of a crime. Our constitution affirms those rights that are stated in the Universal Declaration of Human Rights. Article 18 of the Benin constitution condemns the torture and inhuman treatment of any person no matter the circumstances. Article 19 punishes any individual that is guilty of torture. Benin considers all people innocent until proven guilty as it is written in Article 17. We also protect the right for accused individuals to a defense and doctor while the detained. No citizens can be arrested for any crime besides the one of which they are accused of. We strive to guarantee these rights to every individual in our nation. However, it is hard for us to maintain them at a local level. There have been reports of torture and brutality by local forces for which we will not stand. Benin believes that people who are accused of a crime should be treated fairly and humanely.

Benin, as a nation that protects the rights of accused, is deeply worried about both the global community and our own country. While we strive to uphold the rights that are stated in our constitution, we do not have the man power or financial support to maintain them at a local level. Looking at other countries, this problem is not unique. Some nations simply do not have the supplies necessary to preserve the rights of the accused. This can be solved through cooperation as a global society. Allies, especially wealthy nations, must support smaller countries by providing aid. In order to affirm national sovereignty, this aid could only be monetary. However, countries must be held accountable for the use of the money. An independent organization consisting of officials with multiple nationalities could report directly to a country’s government and advise what should be done to further protect the rights of the accused. Unfortunately, there are some countries that are not willing to adopt the rights. To combat such countries, economic sanctions might be an option. As a global community, we must promote the adoption of rights to protect the accused. Unless accepted by the United Nations, there is no circumstance under which torture is acceptable. Benin will look upon the United States and France for help.

Topic: Rights of Accused
Country: Bolivia
Delegate Name: Patricia Krause
School: Forest Hills Central High School

The rights of the those accused of committing a crime have long been determined by the state or nation that they are in. However, the United Nations has laid a set of ground rules protecting the basic human rights that those accused should keep. These rights include protection from torture/degrading treatment, right to trial, and the right to maintain basic human life. Bolivia acknowledges the rules set forth by the United Nations but reserves the right to deal with its own criminals how it sees fit, what should be a basic right of the independent state.

Bolivia feels that other nations should not interfere in the private affairs related to rights of the accused, but prefers to mainly keep quiet on the topic. Instead, Bolivia retains the right to keep prisoners detained before a trial for as long as need be to prepare the courts and trial itself. This view differs from the general one set forth by the Human Rights Council. Bolivia also takes this stance regarding other rights of the accused, such as protection from torture. While there have been delays in investigations relating to this in Bolivia, no or few allegations of such mistreatment have been proven by official sources.

Bolivia does not agree that the rights of the accused are a pressing international affair, instead preferring that the topic remain one of individual national domain. Bolivia instead feels that it should be mandatory to have the basic human rights guidelines in place and in law (right to a speedy trial, right to an appeal, etc.) but allow countries to follow them or abide by them at their own pace as some, such as Bolivia, do not have the resources to accommodate for all rights immediately.

Bolivia feels that the best ultimate protection for rights of the accused is to let each sovereign nation deal with their own criminals in an independent and effective way. The most effective way to ensure the proper rights for accused criminals is the allow each country, under a basic rights guideline, to persecute them in the way best suited to that country without going through extensive international regulations.

Topic: Rights of Accused
Country: Brazil
Delegate Name: Ella Streng
School: Forest Hills Northern High School

In each individual country, rights of the accused can vary from the international policy. It is important for the accused to have established rights and equal chances at proving their innocence. Policies should include rights to fair trials, attorneys and “affirmations of the necessity of adopting national and international measures in order to secure the universal and effective recognition of, and respect for, the rights of victims of crime and of abuse of power” (Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power).

In Brazil, the criminal law favors the accused. Therefore, the accused is presumed innocent until proven guilty. The accused always have a right to trial and an attorney. The constitution also ensures legal defense for individuals facing criminal charges. The Brazilian CPC (código de proceso civil) recognizes several constitutional guaranties to assure the integrity of an individual. Specifically, the CPC recognizes due process rights, including the presumption of innocence; right to counsel; protection against self-incrimination; protection against the use of evidence illegally obtained; and the protection against unreasonable and disproportionate sentences.

Despite the clear criminal procedure and statements of the rights of the accused, many forms of torture of detainees and inmates, police brutality, and summary executions by civil and military police and prison authorities have been reported. Although the brazilian constitution prohibits torture and provides severe legal penalties for its use, torture by police and prison guards remained a serious and widespread problem. The government must establish a firmer position on the treatment of the accused and further enforce this position. It must be widely known the boundaries or persons of authority. Brazil adopted the National Plan for the Prevention and Control of Torture, which includes the installation of cameras in prisons and penitentiaries, taping of interrogations, and reversal of the presumption of innocence for those accused of torture.

Brazil believes the accused should be judged without prejudice and have the right to a fair trial in every form, specifically process rights, such as the right to counsel, publicity, and the free and rational persuasion of the judge. The government is working to ensure the safety of the accused and establish a firmer standpoint on the issue.

Topic: Rights of Accused
Country: Burkina Faso
Delegate Name: Kali Beltz
School: Royal Oak High School

On the topic of Rights of the Accused Burkina Faso stands not only by its Constitution, which grants citizens equal protection, innocence until proven guilty, and prohibition of torturous punishment and arbitrary detention, but also by its well trodden track record for punishment of convicts and the effectiveness of our police as well as governmental oversight into these organizations which we believe keeps our system honest and well within the international standard for treatment of the accused.

While the Burkinabe Movement for Human Rights (MBDHP) has accused Burkina Faso’s governmental security forces of unlawfully executing some accused persons, we feel that any deaths in custody are the result of complications of previous conditions and in cases of wrongful conduct by police we feel we have proven adept at taking swift and finalized action such as in the case of Da Arnaud Some in June of 2010.

While some countries, their governments, and localized protesters may believe us to have wrongly executed criminals we consider their punishment to be a reflection of their crime and stand by the integrity upon which our court system is based and the officers which uphold peace and security within the country. None of these prisoners were political detainees and their lives, as with the lives of all Burkinabe citizens, are valued equally and can not be attributed to government intervention beyond the point of penalty.

We would like to request assistance in reforming our courts and their facilities to encapsulate work under a broader area of jurisdiction seeing as not all of our court buildings are currently being run to their full capacity, something we are sure will cut down on paperwork errors, understaffing, and the opportunity for cases and criminals to slip through the cracks.

This will not only create government jobs but ensure fairer trials, cut down on crime, and increase the afflucency of communication between Burkina Faso, it’s rights groups, and the international community.

Topic: Rights of Accused
Country: China
Delegate Name: James Wheeler
School: Forest Hills Central High School

The judicial system of the People's Republic of China was established under Articles 123-135 of the constitution of the PRC, and consists of the people’s courts, the Supreme People’s Court, the people’s procuratorates, the Supreme People’s Procuratorate, military procuratorates and other special people’s procuratorates. The Supreme People's Procuratorate, accountable to the National People’s Congress and its Standing Committee, is the highest prosecutorial agency in China exercising and supervising prosecutorial authority at all state and local levels.

Procuratorates examine cases scheduled for investigation by public security agencies to decide whether a suspect should be arrested or not, and whether a case should be prosecuted or not.

Litigants are generally limited to one appeal, on the theory of finality of judgment by two trials. Protests are filed by the procuratorate in criminal cases when it is believed that an error has occurred in the law or facts as determined by the judgment or order of the court of first instance.

The People’s Republic of China believes that the system we have in effect is sufficient in handling legal matters. We also fully support the Universal Declaration of Human Rights, ratified in 1948 which reiterated the fact that certain human rights are inalienable. With that in mind, the People’s Republic of China believes that any more legislation passed will undermine the authority of the original document, and other actions that were passed in effort to support individual human rights.

Topic: Rights of Accused
Country: Colombia
Delegate Name: Jason Higdon
School: Mattawan High School

Despite trying circumstances, Colombia has done its best to treat any Colombian accused of a crime justly. The Colombian constitution itself assures that those accused of a crime in Colombia are to be presumed innocent until proven guilty. Colombia also guarantees anyone accused of a crime that they will be informed of the crimes they are being charged with and that they have the right to a fair and speedy trial. Colombia also does not support the use of torture in criminal investigations, protecting the rights of the accused in that aspect as well.

These rights of the accused are, in most circumstances, upheld in Colombia, however the nation has had some rather dark moments in its history, even recently, and there have been lapses in the rights afforded to individuals accused of crimes. There have been some instances of Colombian military forces executing suspected and accused guerrillas and terrorists without trial or with unjust trials, and Colombia and its leadership have done their best to remove any government officials or military leaders complicit in this failure to adhere to Colombian law on the rights of the accused.

In spite of this, Colombia would be in favor of supporting international legislation and guidelines on the rights that nations must provide to citizens accused of crime. However Colombia would be hesitant to establish penalties and intrusions on their sovereignty over any failures to protect the rights of the accused in case of any more isolated incidents involving the nations continued struggle against guerrillas, terrorists, and organized criminals.

As such, Colombia would support the HRC establishing baseline international rights of the accused though it could also be swayed to arguments involving exceptions to these rights in case of extenuating circumstance.

Topic: Rights of Accused
Country: Congo
Delegate Name: Carly Anderson
School: Forest Hills Central High School

In the Congo the constitution requires that an authorized official must issue a warrant before an arrest is made, a person be apprehended openly, a lawyer be present during initial questioning, and detainees must be brought before a judge within three days and then either charged or released within four months. All defendants are right to a fair and public trial in all criminal cases and to a trial by jury in felony cases. Defendants in all criminal trials have the right to be present at their trial and to consult with an attorney in a timely manner . The Congo does have a bail system however most citizens are not able to post bail because the country’s population has a poverty rate of 70%. The authorities would inform the detainees of the charges against them at the time of arrest. It would then take the authorities to formally file these charges in about a week. This lengthy time is due to the fact of the lack of authorities in the Congo’s justice and court system. The government has the obligation to provide the detainees with an attorney. The constitution states that there is a maximum of four months in pretrial detention but can be extended two months with a judge’s approval. However there was a lack of attorneys in the justice system and lead to detainees waiting around 6 months on average before their trial.

In the meanwhile the detainees are being placed in prisons to be held until trial. In 2014 research determined that in Brazzaville’s prison 60-75% of the prisoners held were pretrial detainees. The justice system also had irregular funding so they would be backed up with more complex and expensive cases. The Congo had ratified the International Convention on the Suppression and Punishment of the Crime of the Apartheid. The Congo signed The Universal Declaration of Human Rights 1948. The Congo also signed the Optional Protocol to the International Covenant on Economic, Cultural, and Social Rights on September 25th, 2009.

The Congo should propose a solution to fund the justice system heavily and be able to provide attorneys to detainees within a reasonable amount of time. This funding to promote more jobs within the justice system and will reduce the costs of holding these detainees in prison for an extended period of time. The rights of the accused shall remain as they are. The system in place is effective with small changes to be made within the government of the Congo. The Congo believes firmly in their justice system and will do what they can to improve it such as continue to reduce the amount of time that a detainee is held in prison for.

Works Cited

"Home | HumanRights.gov Is the Official United States Government Website for International Human Rights Related Information." Home | HumanRights.gov Is the Official United States Government Website for International Human Rights Related Information. N.p., n.d. Web. 28 Oct. 2015.

United Nations Human Rights. United Nations, n.d. Web. 28 Oct. 2015.

U.S Department of State. Republic of The Congo. N.p.: n.p., n.d. Web. <http://www.state.gov/documents/organization/160117.pdf>.

Topic: Rights of Accused
Country: Croatia
Delegate Name: Anni Paldan
School: Mattawan High School

A consistent problem that looms over the judicial world is how can one safely and fairly give an accused person an unbiased and honest trial. In many instances, nations or officials are corrupt and fair trials are not given to those who deserve them. Crime, however, is an escalating issue. Within the last decade, prison population has nearly doubled in Croatia causing an issue in overpopulation and overcrowding. We support the UNHCR and its firm belief in the basic human rights of all and, therefore, equal justice for all .

Croatia has a honest system with which to process those who are accused within the country. For these citizens, Croatia’s legal system has ensured that they are provided with information on their detention and the accusations placed against them immediately after arrest; however, charges can be placed up to six months after the initial arrest. Croatian citizens are afforded the rights to a lawyer and the right to speak privately with their chosen representation should they not use the free public defender provided to them. They can find one through the Croatian Bar Association which is provided information to them as soon as they are brought in. Croatia also provides rights for our citizens who have disabilities. In such cases as deafness, muteness, or the person is just generally unable to defend themselves, the Croatian government states that it is mandatory that they be represented and the state will cover any and all legal fees stemming from this. In Croatia, those who are accused are always provided with a judge and either no jurors, or two jurors depending upon which type of court they are being tried in and the severity of their potential sentence. For the life sentence, one is provided with two judges and a total of three jurors. Throughout the entire process, the accused is permitted to appeal their accusations, charges, or sentence and no cruel, degrading, or inhuman punishment may come to them as their is a law forbidding it. This is a luxury that many countries do not provide for their citizens.

Through a collaboration between countries and discussion upon this topic, a resolution can amicably be found. The rights of individuals must be upheld, especially when they are accused of a crime or injustice. Croatia wishes to find international policy that can span nations and protect the needs of those who have been greatly mistreated through their unrightful imprisonment.

Topic: Rights of Accused
Country: Democratic Republic of the Congo
Delegate Name: Rachel Lissner
School: Grand Blanc High School

The rights of the accused have previously been outlined in the Universal Declaration of Human Rights, but these rules are not always followed. Many groups of nations have their own specific policy on what rights are granted to the accused and how such people are to be treated, but the basic rights granted are not always carried out in practice. Many factors affect the treatment of accused individuals, including the state of the nation both economically and politically. It is important that designated rights be granted regardless of a nation’s current situation, but a new method must be established to enforce policy.

Criminal law in the Democratic Republic of Congo does not differentiate between felonies, misdemeanors, or contraventions, but refers only to infractions. Individuals can be charged with eight types of infractions: infractions against individuals, property, the faith and credit of the state, public order, public safety, infractions or family order, violations of individual rights, and endangering the security of the state. People accused of infractions are guaranteed a number of rights including due process during arrest and detention, the prohibition of retroactive laws, the presumption of innocence, and the right to a fair trial. The basic policy of the DRC is fully in line with the UDHR.

The DRC is in support of current UN policy towards the accused, and would like to discuss a better method for the enforcement of said policy. Our nation faces economic issues and a high poverty rate. We would appreciate support in providing a just court system and better treatment of those convicted. Our nation strives to provide the rights guaranteed by our constitution, but it is not always easy. The Democratic Republic of Congo values the human rights established by the UDHR and would like to see the policy surrounding the protection of these rights improved.

Topic: Rights of Accused
Country: Denmark
Delegate Name: Renee DeBault
School: Vicksburg High School

One of the many issues the UN deals with is the rights of the accused. Some of these rights include the right to a fair trial and innocent until proven guilty. It has become a huge concern within certain countries because people are being arrested in their country and their rights are being taken from them when arrested. Some aren’t getting a fair trial or they are taken out of access of their right to have a lawyer, the necessary things they need.

In Denmark the accused are given many rights upon being accused. You must be orally you’re your basic rights when being accused of a crime and they must inform you of what crime or crimes you are being accused of when you are arrested. One of the accused rights is the right to remain silent which gives them the right to not speak and decide to remain silent during the entire time of being questioned after being arrested by the police. You are given the opportunity to contact your embassy if it is not your home country or you may have the police contact them for you. The accused can have their lawyer of their choosing and may also have them with them when being questioned by the police. If you are in Denmark and your language is not Danish then a translator will be brought in to translate what the police and your lawyer are saying and it will not be at the expense of the person being accused.

Topic: Rights of Accused
Country: Egypt
Delegate Name: Jaire Byers
School: Grand Blanc High School

The rights of persons accused are relevant to every country, for the proper implementation of just judicial procedure is based firmly in a government's duty to protect its citizens—innocent or otherwise. The Universal Declaration of Human Rights (UDHR) provides guidelines for such procedures that include rights such as the right to a fair trial, the right to equal protection under the law, and the right to be considered innocent until proven guilty, among others. Among the different ways that each country further defines and implements such procedures, there remain certain disparities between the UDHR and each country's own law and practices that human rights organizations dispute.

Within the Arab Republic of Egypt, accused persons are required to be brought before a magistrate and formally charged within forty-eight hours or released. They are granted the right to post bail and to be defended by a legal counsel; however, the Emergency Law of 1958 delineates certain judicial procedures for special cases—such as those that threaten national security—in which such rights may not be granted. Usually such cases involve Islamic extremists. Criminal law in Egypt clearly diverges from the standards suggested by the UDHR, but each nation's circumstances are different, and each should reserve the right to exercise sovereign judgment in defining and implementing its own judicial system.

In the discussion of the rights of the accused and the subsequent resolutions, Egypt warns the United Nations to be careful of over-monitoring judicial systems in a wasteful fashion that may even affect the efficacy of such systems—or may even infringe upon national sovereignty. Nonetheless, Egypt encourages the United Nations to keep the ultimate purpose of criminal law in mind as resolutions are drafted—protecting a nation's citizens.

Topic: Rights of Accused
Country: Estonia
Delegate Name: Zachary Palmer
School: Flint Southwestern Classical Academy

In Estonia, we have laws for prisoners that protect them and the officers that work there. Such as you have the right to be treated in a way that respects your human dignity and ensures that you’re serving of the prison sentence does not cause more suffering or inconvenience than that is inevitable in association with detention in prisons.

Also, prison service officers must explain your rights and obligations to you at the very latest on the day after your arrival in prison. You should be given written information about the rules and regulations applicable in the prison as well as the procedure of submitting complaints.

Additionally, if you are not an Estonian citizen, you have the right to inform the embassy or consulate of your arrest. The police may not do this on your behalf automatically. You should ask your lawyer to contact the consulate if you do not believe that this has been done. Also, if you are not from Estonia the police must provide you with an interpreter, if you need one. The police must also provide you with written translation of key documents, including the detention report, arrest warrant, indictment, and the court decision.

The laws of Estonia apply to all 15 counties of the Republic of Estonia. The Estonian government treats there prisoners with respect and dignity. We strive to keep the prison population low. We have a great prisons and great laws.

In closing, we know that other countries feel that we need to reduce our laws for prisoners but with less laws we can have lower prison populations. Also, we can spend any extra money on what is important to the people of Estonia.

Topic: Rights of Accused
Country: France
Delegate Name: Zaid Haque
School: Saginaw Arts and Sciences Academy

Rights of the accused in France have given people civil liberties. When accused, France states that each person has the right to inform a relative and/or their employer of the situation. This is allowed unless it would undermine the conduct of the investigations. They also have the right to be examined by a doctor. This could take some time in reality and is not always as speedy as one would hope. All accused also have the right to be assisted by a lawyer during the hearings; including a 30-minute private consultation at the beginning of their time in custody and at each 24 hour renewal. Finally, the accused has the right to answer the questions asked, or to remain silent. The accused are also notified of the charges and may request a translator if needed. France’s laws go above and beyond the international laws by giving people the right to a lawyer and right to remain silent. These laws are enforced each time someone is accused of a crime. The HRC can come together and advocate for those individuals who have been accused. Informing and educating individuals prior to being accused on their rights can accomplish this. The police in France do inform individuals of their rights when arrested, but during this time individuals are under duress and may not fully comprehend. The rights of the accused must be protected as much as possible. These rights may be violated if the greater good is in danger. Examples of this might be a terrorist attack. This should not be determined by one individual such as a police officer but should go through a judge to determine if the greater good is at risk. Even if this occurs, the accused should not be harmed or detained indefinitely. The accused will always have the right to remain silent and contact a lawyer. It is a fine balance between protecting the rights of the accused and protecting the overall common good. The rights of the accused are sacred and must only be violated in extreme cases in which the public is in immediate danger. A formal hierarchy and procedure should be installed in order for these rights to be revoked. Maybe a committee could work to ensure that international law about the rights of the accused is enforced by state governments and not just ignored.

Topic: Rights of Accused
Country: Germany
Delegate Name: Ryley Olson
School: Forest Hills Central High School

Germany’s policies regarding rights of the accused follow those recognized in international policy. Rights such as the right to remain silent, protection from forced self-incrimination, and protection from coercion are secured in Germany’s policy. Germany expects support in this stance from other countries in the European Union, Western Countries, and developed countries.

In Germany, and other aforementioned countries, these rights are properly protected, not just enshrined in the law. Many countries do not actually provide these rights for the people, but Germany believes that this is a very serious issue and it must be dealt with. In certain countries, many people are unlawfully tortured, coerced, and falsely incriminated, in violation of the international laws and policies regarding rights of the accused. These people's rights were not protected, even though they are supposedly protected in the law.

When people’s rights are protected under international law, there needs to be enforcement of some sort to hold governments accountable for the protection of their people. Countries should be reprimanded for violation of these laws, because it is a matter of basic human rights. Everyone deserves the same basic rights, and Germany believes that the rights of the accused fall under the basic rights deserved by all people.

Whether or not a government’s interests conflicts, it is still important for them to follow this international policy. Germany will stand firm in its position to protect people and believes everyone is innocent until proven guilty.

Topic: Rights of Accused
Country: Ghana
Delegate Name: Suzy Deems
School: East Grand Rapids High School

The law of Ghana is written to protect the people and those accused of crimes that have not been proven guilty. Ghana has a strong history of representing the views of its people and those of West Africa since its independence in 1957. Ghana was one of the first countries in Africa to achieve independence from colonial rulers. Ghanaian law reflects our history as a sub saharan country, our struggle for independence and the precepts of British law which we have adopted.

Although parts of our law reflect the British heritage many parts of our law are based on our native view of our heritage of laws and the historical views of our people. As most of the international laws were written by European and their descendants they do not always reflect Ghanaian law. We reserve the right to give our own interpretation to legal concepts that represent our native views which differ from European legal codes, even when those legal codes are adopted by the United Nations. We reserve the right to make that distinction.

The reported possitions with regard to homoseulaity are contrary to the laws of the country of Ghana. Indeed, they are contrary to the laws of many African countries but we will let our brother and sister African countries speak for themselves. Our laws do not protect homosexuals. They prohibit such conduct. This is not just an aberrant position of the government. Ninety six percent of our people oppose such behavior. We believe that our position mirrors that of all or almost all African Countries. We would encourage the United Nations to rethink this position regarding homosexualitiy. At a minimum we do not think that United Nations should be trying to foster this view point on countries and regions where it is contrary to their history, culture and laws.

Ghana's laws respect the rights of the accused. Accused people are given protections reflecting the protections in British and Commonwealth law. They are not verbatim the same but they are written into law to seek to protect the accused until their guilt is determined. While we may be occasionally be accused of not protecting accused people sufficiently, we do not believe this is any different than the news we often see in the Western press regarding the insufficient protections afforded the poor and accused in Western countries. Ghana respects efforts to support the rights of the accused to the extent possible.

Ghana prohibits homosexuality but does recognise the rights of the accused and seeks to protect them.

Works Cited

"Ghana Achieved Independence in 1957 But Not Freedom." Ghana Achieved Independence in

1957 But Not Freedom. 5 Mar. 2011. Web. 4 Nov. 2015.

"LGBT Rights in Ghana | Equaldex." LGBT Rights in Ghana | Equaldex. Web. 4 Nov. 2015.

Topic: Rights of Accused
Country: Greece
Delegate Name: Kory Hamblin
School: Roeper School

Greece is very excited to be a part of a conversation in the Human Rights Council about the rights of the accused. In Greece, Rights of the Accused requires a warrant for all arrests that are not made during the actual commission of crime to prohibit arbitrary arrests. Pretrial detainment can last up to eighteen months. Legal activists both inside and outside Greece believe the length of pretrial detention is excessively long, however the law does provide the detainees with the opportunity to contact a close relative, a third party, to consult with a lawyer. In Greece, detainees are allowed access to medical resources. In felony cases the bar association will appoint a lawyer to defendants who cannot, for any reason, afford one on their own. The nation of Greece believes that the length of pretrial detention clearly is an area for discussion and could be shortened based on the reason of detention.

Greek law also provides the right to a fair trial and the right to sue the government for any violations of rights. The Greek judiciary often seems to be more lenient toward those who claim a political motivation for their infraction. Consistency in sentencing is something that could be strengthened. In Greece, trials are public and juries are usually used. However the law permits the denial of the right to jury in cases of violent terrorism. Defendants have the right to be present at trial to consult with an attorney. Defendants may question and present witnesses during the trial. Defendants who do not speak Greek are also allowed a translator, but the availability of a translator may vary.

The nation of Greece understands that legal standards often associated with Western nations may not be accepted or implemented in many regions of the world, due to the legal standards and practices in those nations. Greece urges nations to adopt legal standards consistent with the Universal Declaration of Human Rights, Articles 10 and 11, adopted in 1948. Greece lauds the progress made by Organization of American States, African Union, and European Union in extending legal rights defined by the UDHR. Most recently the Sustainable Development Goals Declaration Introduction, Point 8 states: “We envisage a world of universal respect for human rights and human dignity, the rule of law, justice, equality and non-discrimination…”

What is before this body is the question of how to guarantee the rights of the accused given the varying legal traditions and standards of many nations without violating national sovereignty? Greece looks forward to working with members of this committee to more clearly define rights of the accused.

Topic: Rights of Accused
Country: Guatemala
Delegate Name: Matthew Hennessy
School: Kalamazoo Central High School

The nation of Guatemala has recently endured a change in the policing and court room policies that created our nation's policies to more closely mirror those of the United States. The main difference between Guatemala and the United States court room rights is the policy that the accused will stand before a panel of licensed judges rather than before a group of jurors. These changes took place in 1994 and have been highly beneficial since their implementation.

Due to the usefulness of our own system of, Guatemala would like to implement this, or a similar system across all nations world wide. This system allows for a team of people who understand and know the court system to easily and efficiently condemn criminals to prisons across the nation. The Guatemalan court system also allows for non-Spanish speakers a court organized translator. My nation highly recommends this to all other nations that do not already have this available in their court own systems. Guatemala would also like to improve its abilities as a nation to apprehend the dangerous criminals that traffic illicit drugs such as cocaine, opium and cannabis.

As a nation, Guatemala recognizes the sovereignty of every nation on earth but also would like to prevent the abuse of the court system by state officials as well as to prevent the slowness of the federal court in many other nations across the world. Guatemala also recognizes the abuse of power by many state officials and would like to find a resolution that will aid in preventing these crimes in federal governments across the world.

Topic: Rights of Accused
Country: India
Delegate Name: Brielle Ashford
School: Roeper School

India is thrilled to be involved in the conversation surrounding the rights of the accused on a global stage. India looks forward to solving this pressing issue through cooperation and understanding from all nations.

India is a nation that is undoubtedly devoted to human rights, largely regardless of circumstance. This fact of life in India does not exclude the accused. The rights of the accused in India are in great accordance with the Universal Declaration of Human Rights; as Clause (1) Article 20 of the Indian Constitution details the staunch opposing Of the usage of ex post-facto laws. This is in direct agreement with the UDHR Clause (2) Article 11. The Indian Constitution also demands that the accused be produced before a magistrate within 24 hours, be informed of their own arrest, and receive representation as the accused sees fit; all of which are in accordance with UDHR with its only divergence being that these rights are not guaranteed to enemy aliens, as specified after Clause (1) and Clause (2) or article 22 in the Indian Constitution. India feels that all nations should adopt similar policies in order to ensure human rights for all peoples.

In practice of these guaranteed rights, India has had its fair share of turbulence; however India feels there can be no hope of progress without a set of rights ensured in law. Although, India recognizes this is merely a foundation for justice, and that the true reform must come from actions.

India looks forward to making progress in hopes of addressing this imperative concern.

Topic: Rights of Accused
Country: Indonesia
Delegate Name: Carson Henley
School: Fishers High School

The Republic of Indonesia was a founding member of the Human Rights Council, and as such has been a leader of a movement for human rights in Southeast Asia. Indonesia is working to foster improvement in human rights in the region as a whole. Indonesia is of the belief that the right to a fair trial before sentencing is a universal human right that should be granted to any person, regardless of race, gender, religion, or sexual orientation in all countries.

The legal system of Indonesia has changed in the past century with the powers that have been in control of the nation. Since its independence, Indonesia has used a traditional legal system wherein the individual is arrested, detained, tried, and either sentenced or released depending on the result of the trial.

Indonesia is currently improving its legal system. It is working towards raising the age of criminal responsibility from eight years of age to twelve years of age.

Indonesia finds the conditions for Indonesian prisoners to be sufficient. Indonesia supports the use of corporal punishments in its prisons. This practice is a low cost way to ensure that guards maintain control of prisoners.

The Republic of Indonesia is of the belief that all persons accused have a right to a fair trial. Indonesia is in support of efforts to ensure that this right is universal, regardless of an individual’s citizenship or country of residence.

The founding of a program to provide funding to third-world nations for the necessary professionals and proceedings for a fair trial should be considered. Such a program could greatly improve the legal systems in these countries, and ensure that innocent persons accused of crimes do not have to serve sentences for crimes that they did not commit.

Measures should also be taken to eliminate corruption in more established legal systems, including but not limited to those of first-world countries. Indonesia sees corruption in any situation as problematic, but feels that in situations such as these where corruption jeopardizes the future of a potentially innocent individual, immediate action must be taken to combat such corruption. Indonesia would like to see initiatives and potential solutions proposed that would control corruption in the legal system.

Indonesia urges the Human Rights Council to make the right to a trial a priority, and would likely be willing to sign a resolution that encouraged countries to take action.

Sources Cited

Committee Against Torture. "Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment." Office of the High Commissioner for Human Rights. United Nations, 2 July 2008. Web. 03 Nov. 2015.

"Indonesia." Central Intelligence Agency. Central Intelligence Agency, n.d. Web. 25 Oct. 2015.

Indonesia. United Nations. General Assembly. A/69/375. N.p.: n.p., United Nations. United Nations, 10 Sept. 2014. Web. 03 Nov. 2015.

Topic: Rights of Accused
Country: Italy
Delegate Name: Adrienne Parks
School: Royal Oak High School

Italy believes that you are innocent until proven guilty, as our constitution states in article 27, “The accused is not considered guilty before the definitive judgment is rendered.” We also believe that punishment has to aim at rehabilitating the guilty.

Although this is what our law states, this is not what necessarily happens. Generally people must prove their innocence, instead of being proved guilty. This creates a lot of confusion.

Italy believes that something needs to be done about the differences between the law and what is actually happening. So the question is, what can be done about the confusion between the written law and the practiced law? We think that there needs to be a more definite law. We think that if this law is not followed, there needs to be a consequence.

Taking care of the confusion is one critical step that needs to be taken. Another thing that can be taken care of is whether or not all nations should be fairly uniform. Should all nations have their accused treated with the rights of innocent until proven guilty? Or should that be up to the nation independently? There are a lot of issues surrounding this topic, and many different questions that need to be addressed.

Italy is looking forward to taking part in this discussion and helping come up with a resolution. There are many different stances and Italy recognizes this as a difficult topic.

Topic: Rights of Accused
Country: Japan
Delegate Name: Olivia Spagnuolo
School: East Grand Rapids High School

The rights of the accused has been determined by the Universal Declaration of Human Rights as having the right to a fair trial, the right to be considered innocent until proven guilty, creating an adequate status of living for all, and prohibiting torture. But, even though these laws are in place, many countries do not have a proper process they are following, causing the laws to not be as effective as hoped. In many countries, people are being imprisoned because of who they are not because they did anything wrong, many people do not get fair trials, people are being detained in secret areas and have no access to lawyers, and many are being tortured. Japan believes that accused people deserve rights, but they also believe that coming to a just conclusion is occasionally better than adhering to all the accused rights as long as a fair result is determined.

Japan provides accessible judicial aid and legal advice to all of our citizens. In 2000, we approved a law called The Civil Legal Aid Law which guaranteed that legal aid services would be provided to all citizens in civil cases. In the Comprehensive Legal Service Law, we mandated that court-appointed attorneys be provided for defendants, in criminal cases. Furthermore, defendants have the right to be noticed of their charges, and receive adequate counsel at the time they are arrested. That said, Japan also believes that, during a trial, the just result should be found, and a just procedure is not as important. So, as long as a just decision is made, it is ok to violate a few rights of the accused.

The Universal Declaration of Human Rights created a standard of rights for all accused persons. It was adopted in 1948 by the United Nations. All of the United Nations states members have ratified at least one of the nine main international human rights treaties and 80% have ratified 4 four or more. Hopefully, in the future, more countries will ratify more human rights treaties, and will provide more just rights for the accused.

Japan believes that more countries should guarantee rights for accused persons. During the conference, we would like to see more countries provide a just trial, but want to make sure that just results are found too, even if a few rights are violated.

Works Cited

"The Universal Declaration of Human Rights, UDHR, Declaration of Human Rights, Human

Rights Declaration, Human Rights Charter, The Un and Human Rights." UN News

Center. UN. Web. 9 Nov. 2015.

"Amnesty International." Detention and Imprisonment. Web. 9 Nov. 2015.

"14 UCLA Pacific Basin Law Journal 1995-1996." 14 UCLA Pacific Basin Law Journal

1995-1996. Web. 9 Nov. 2015.

George, B. J.. “Rights of the Criminally Accused”. Law and Contemporary Problems53.2

(1990): 71–107. Web…

Topic: Rights of Accused
Country: Jordan
Delegate Name: Kiara Atkins
School: Roeper School

Jordan eagerly anticipates working together with other nations of the world to establish and protect rights for accused persons. Jordan is pleased that this issue is getting the careful consideration that it deserves on the global stage, and welcomes the opportunity to discuss this in the Human Rights Council.

The nation of Jordan has many provisions in place to safeguard the rights of the accused. Article Eight of the Jordanian constitution states that “No person shall be detained or imprisoned except in accordance with the provisions of the law.” This is one of the many sections of our constitution that makes attempts to clearly and fairly state the rights of those accused of crimes in our nation. The Jordan Criminal Procedure Code delves deeper into the specifics and regulations of our criminal justice system. The ability of a person to have his or her rights observed and respected even in the face of criminal accusations is an important element of any society. However, it largely seems to be the type of issue that should be handled largely by nations on an individual basis. While the United Nations should intervene in order to prevent gross violations of the Universal Declaration of Human Rights, it is also important to acknowledge the right of every nation to establish their own laws for themselves.

Jordan is certainly willing to assist any nation who wishes to develop a fairer criminal justice system, but believes that the United Nations should create limited guidelines in this area. Jordan sees this largely as an issue of national sovereignty to be dealt with on a state-by-state basis.

Topic: Rights of Accused
Country: Kazakhstan
Delegate Name: Emma Dorman
School: Mattawan High School

Each country has it’s own policy and system for dealing with those accused of crime and how they handle it in their criminal justice system. While these policies may vary from nation to nation, under the UDHR, the Universal Declaration of Human Rights, it has been made clear on a global level that “All human beings are born free and equal in dignity and rights”(article one of the UDHR) Despite this universal document of protection, some human rights are being questioned or challenged. In some cases the accused are not give a fair unbiased trial. In other cases the question is found in considering the person’s rights. Along with that, as mentioned in the “Rights of Accused” document the subject of torture is brought up. It states, “Many human rights groups have also documented the use of torture against individuals who have been detained, which is often under the guise of protecting national security or international peace.” Despite Kazakhstan’s recent actions violating some articles in the UDHR Kazakhstan would like it to be know that it is making efforts towards incorporating and more efficiently following the UDHR. And that Kazakhstan has a strict no torture policy.

Kazakhstan wishes to define the issue involving torture and would also be in favor of any legislation that supports or adds more guideline and structure to defining and defending citizens accused of crime. Kazakhstan also would like to find a resolution that is fitting and respecting of all nations.

Topic: Rights of Accused
Country: Lithuania
Delegate Name: Ana Muradás Lorenzo
School: Instituto Educativo Olinca

"To deny people their human rights is to challenge their very humanity".

-Nelson Mandela

In the Republic of Lithuania right to security for accused are guaranteed by the Criminal Code and other laws providing liability for activities forbidden under laws, the Republic of Lithuania Code of Criminal Procedure and the Republic of Lithuania Law on Police Activities.

The Lithuanian normative during criminal proceedings says that minor victims are a priori considered vulnerable and they will in this case be provided with specific protection measures.

Since Lithuania is part of the European Union, it follows the same principles as the rest of the members when it comes to the rights of people accused of crimes. If there is a crime, law enforcement institutions must commence investigation, if it establishes elements of a criminal act even though the victim has not filled any complaints.

The European Union took measures to strengthen the procedural rights of suspects or accused persons and to ensure the right to a fair trial across the European Union, this resulted in the Commission’s Procedural Rights Agenda.

Lithuania is here today to cooperate with peace and development. The nation is here to make a change in the country, in the people. It’s better to talk than to fight and that’s what we are doing here. Lithuania remains ready to assume the responsibility.

“One thing I never want to be accused of is not caring about the others”.

Topic: Rights of Accused
Country: Nepal
Delegate Name: Emily Zheutlin
School: Forest Hills Eastern High School

As part of the Human Rights Council in the United Nations, Nepal addresses the issue of the Rights of the Accused. Although the previous King, Gyanendra Bir Bikram Shah, did not accurately represent the rights of accused, Nepal has turned into a Nation protecting its people. The west is not owning up to the ideals it sets for its citizens, while Nepal is implementing principles to protect and encourage the safety of citizens and their civil rights.

The Universal Declaration of Human Rights exemplifies an acceptable form of rights dedicated to the protection of accused persons. This topic is of high importance to Nepal due to the recent legislation change. The people have spoken and thus, created a new constitution, eliminating the previous regime. Nepal believes strongly in the rights of the accused. In their new constitution, they have clearly stated personal liberties, including the ideas that no people shall be deprived of life or personal liberty in accordance with the law, no people shall be assigned a punishment for an act greater than what the law prescribes, no people shall be prosecuted and punished more than once for the same offence, no people will be accused of any offence and shall witness against himself, and people accused will know their illegal accusations and have a right to a lawyer. Due to the recent legislation, Nepal follows these laws strictly and is actively incorporating the new constitution to benefit the rights of accused persons.

In previous years, the issue of accused person's rights has been less than ideal. Some instances had occurred that the previous government found it necessary to eliminate violence, death, etc. However in retrospect, some Nepalese have seen forces as too aggressive. The New Constitution as of September of 2015 has created a strict set of laws for the personal liberty of accused persons. Although outside sources and victims of the old aggression in Nepal have been treated unfairly, with the new constitution the rights include not being punished further than the law, which would eliminate the violence of previous years.

As a nation inscribed on protecting the rights of citizens, the new constitution’s personal liberties have created a base level for equal rights for accused persons. There will be no more excessive or unprotected aggression; everything will be run fairly through the Nepali government. The Nepali government believes strongly in the rights of the accused—that they are allowed an equal representation before being punished. The protection of the state and citizens is priority, therefore an accused person will not be free to get away with illegal activity nor will they be punished with no hard evidence, but receive a fair trial and protection until convicted. Nations need to implement the idea that the protection of their nation and citizens is the most important, and that no unnecessary aggression should take place, but there should be a fair trial and no accused will be assigned punishment greater than the law when the offence was committed. As well, the international community should emphasize and follow the same ideals—that citizens need to be protected and provided fair trials and the right to defend against accusations. All countries should be implementing specific rights of the accused into their constitutions, protecting citizens from torture and providing citizens with fair opportunities when accused of specific violations of a nation.

Topic: Rights of Accused
Country: New Zealand
Delegate Name: Lois Biggs
School: Forest Hills Eastern High School

The Universal Declaration of Human Rights upholds the rights of accused persons, ensuring the right to remain silent, the right to a fair trial, and the right to not be punished for actions committed before a law was established. But, state interests and legislation sometimes create a divide between global policy and national policy, and these rights can be unfairly withheld. The divide between global policy and national policy is also apparent in the issue of state-sanctioned torture. The UDHR states that “no one shall be subjected to torture or to cruel, inhuman, or degreading treatment or punishment” But, considering condemnations of Guantanamo Bay and Saudi Arabia’s lashing and execution sentences by UN human rights experts, these policies aren't uniformly followed. Today, due to terrorist activity, unstable governments, and economic interests, the rights of the accused vary by state, and are difficult to gauge. New Zealand believes that accused persons’ rights should be safeguarded, and that transparency, international communication, and international cooperation are important in guaranteeing these rights.

Supplementing our 1990 Bill of Rights, which guarantees basic rights for the accused, we’ve passed two laws specifically regarding accused persons: 1989’s Crimes of Torture act, which outlaws torture, and 2004’s Corrections Act, which sets minimum entitlements for prisoners and governs the running of prisons. These laws have been effective in upholding justice—a 2014 visit from the UN’s Working Group on Arbitrary Detention concluded that “overall, legislation on deprivation of liberty in New Zealand is well-developed and consistent with international law and human rights.” When injustice is identified within our justice system, we seek to address it. Currently, the Māori are overrepresented in New Zealand prisons, and Māori women overrepresented among this group. In collaboration with the Working Group, we’ve developed the Youth Crime Plan, an initiative to reduce apprehensions, prosecutions, and recidivism of Māori people.

Internationally, New Zealand opposes torture in any circumstance. We took a leading role in adopting the Optional Protocol to the Convention Against Torture, which mandates visits to places where people are deprived of their liberty in order to recognize and prevent human rights violations. Based on these visits, international and and national experts will make recommendations to the State Parties. OPCAT aims not only to respond to torture, but to prevent it, in the long term creating an environment where these human rights violations are unlikely to occur.

In order to safeguard the rights of the accused, the lines of communication created by the OPCAT are key. In resolution, New Zealand hopes that this protocol will be strengthened, and that countries that have neither signed nor ratified the protocol will adopt it. In discussion, New Zealand would also like to address the issue of arbitrary detention. We've implemented legal safeguards against arbitrary detention, and recommend that other UN member states develop similar policy.

Topic: Rights of Accused
Country: Nigeria
Delegate Name: Maegan Gibbons
School: Grand Rapids City High School

The Federal Republic of Nigeria firmly believes that the accused should have rights and protections. The rights of the accused are outlined in the Constitution of the Federal Republic of Nigeria 1999. Such rights include the right to be informed promptly in the language that one understands, the details and nature of the offence of the accused, the right to be given adequate time to prepare a defence, the right to defend oneself in person or by legal practitioner of one’s own choice, the right to have an interpreter free of charge if one does not understand the language of the court, the right to have record of the proceeding kept and the right to have copies of this within seven days of the conclusion of the case, the right to remain silent during trial, the right not to be tried and convicted twice for the same offence, the right to be presumed innocent until he is proved guilty and the right not to be charged for an unwritten offence. The accused also can request bail.

However, Nigeria recognizes that not all nations have such policies when it comes to the rights of the accused. While we believe the protection of human rights is of the utmost importance, we also stand firm on our belief that the national sovereignty is just as important. It is crucial that nations are able to function on their own accords. It is impossible for a nation to remain stable if there is constant intervention from the international community. We stand firm in the belief that national sovereignty must come first.

Topic: Rights of Accused
Country: Pakistan
Delegate Name: Natalie Gilbert
School: Grand Rapids City High School

The Islamic Republic of Pakistan believes that every citizen should be granted a just and fair trial in accordance with the nations legal code. On July 1st, 1948: as stated "We must work our destiny in our own way, and present the world with an economic system based on true Islamic concept of equality of manhood and social justice. We will thereby be fulfilling our mission as Muslims, and giving to humanity the message of peace which alone can save it and secure the welfare,happiness, and prosperity of mankind".

Pakistan believes that the rights allotted to the accused should be based on each countries individual needs and morals. Pakistan believes that with the formation of a law that specifically dictates what rights a country must give to it's citizens would be both immoral and encroach on their governmental sovereignty. This being said Pakistan is willing to help develop new standards of rights internationally as long as they follow Pakistan's established legal code.

A citizen convicted of a crime is also if the government deems it so, not allowed to have contact with family during trial and in extreme cases during sentencing.

Pakistan's legal code has evolved greatly within the past, but with the constant "military dictatorship" by radical religious groups, Pakistan's officials, laws prove primarily futile. This has put the justice of Pakistan's legal system at somewhat of a stand still, because within their country they are unable to adequately change these rights.

In Pakistan citizens will be often brought to trial (sometimes without a lawyer as explained later throughout paper) and based on the judges view will be detained, fined, or even tortured. (In some instances without a working jury). And the judges exercise the right to use corporal punishment or fortitude of land when they see fit.

Pakistan's Justice system is internationally renowned as being one of the most severe legal systems throughout the nations.

Statistics:

This year alone the average number of executions has sky rocketed to 242. which is significantly higher than countries like the United states where the average is around 43 deaths and India where the deaths range around 78 in total. Meaning citizens without a proper lawyer can even be punished to death. Pakistan believes the next step in properly dealing with these deaths is to make sure that citizens are entitled to a lawyer and nationally funded programs could be a key factor to the improvement of this.

To elaborate on my point Pakistan exceeds it prison capacity by over 225%, mean more citizens are sentenced imprisonment without the necessary space it takes to keep said prisoners. As a country we also believe that harsh rulings and no proper juries without lawyers contribute to this large number.

We believe that a national incentive based program, that would help better the rights of the accused may be the answer to solving this problem. But if a national base that does not follow our predated penal code, we will not be able to accept this and we will regrettably have to vote against it.

Pakistan supports the elimination of corruption throughout their legal code and other countries as well. We believe that to become a nationally peaceful nation we are striving for this is a crucial step that must be taken. And we are looking forward to seeing what solutions arise.

As a country Pakistan is striving to meet international standards and support rights such as thought, speech, and press. Most of the laws are fundamentally reliant on Islam, the national religion. While Pakistan practices a three branch government based system, moves made by each branch have at some points proven futile. This has caused discrimination among other religious groups and can even turn up in imprisonment, even though it is against Pakistan’s legal code.

Many of the officials of Pakistan are invalid and the so called leaders/ officials are primarily contrived of “military dictators”. This has led to inconsistent rights of the accused, nonetheless Pakistan’s accused have a right by the constitution to have a “ fair and proper trial in accordance with the law” but a problem always arises, based on a financial status Pakistani citizens that have been accused will be treated differently. This means a poor man who cannot afford a lawyer will be taken to council without one instead of funding for a proper lawyer.

Pakistani officials all believe as said before in a just political system in which a person will be allotted a fair and just trial, but because of the constant power struggle between both the political leaders and the military dictators which often results in a skewed justice system.

That being said Pakistan has had a hard time implementing the rights of the accused and recruiting international help, without encroaching on our governmental sovereignty would be a great help. This being said Pakistan is striving towards a better working system, which includes rights of the accused and working toward a brighter future!

We look forward to working on position papers and will be very open to seeing how we can help alongside our fellow delegates to achieve a like minded solution.

Thank You,

Sources Sighted:

"World Report 2015: Pakistan." World Report. N.p., ongoing. Web. 7 Nov. 2015. <https://www.hrw.org/world-report/2015/country-chapters/pakistan>.

"Pakistan’s Unjust Blasphemy Laws Need Considerable Reform." ACLJ. Ed. Shaheryar Shaheryar Gill. N.p., 7 Aug. Web. 7 Nov. 2015. <http://aclj.org/persecuted-church/pakistans-unjust-blasphemy-laws-need-considerable-reform>.

Topic: Rights of Accused
Country: Palestine
Delegate Name: Ashley Zhang
School: Forest Hills Eastern High School

The accused should always have a say in their cases, for if a wrongly accused person is unjustly punished, it would be unfair to the innocent and offer encouragement to the guilty who know they can get away with their crimes. Thus, it is the United Nations’ job to help monitor and provide a framework for just and peaceful coexistence between each nation. It is vital to protect the rights of the accused because without solid evidence, anyone can be accused, and many lives could potentially be taken. Palestine has repeatedly attempted to implement its own laws in its own territory, but has been repeatedly thwarted by the oppressive actions of the Israeli government.

Palestinians have been deprived of their natural rights as Israel unrelentingly oppresses freedom of speech, freedom of assembly, freedom of self-determination. People are accused of crimes such as protesting for what they believed is right. The Human Rights Watch has reported instances of violence inflicted by Israelis from shooting unthreatening civilians to torturing a man who supposedly committed a crime as a child. Examples of punishment such as these have violated Article 3 of the Universal Declaration of Human Rights that state the basic right to life, liberty, and security of a person, along with Articles 10 and 11 stating that humans have the right to a fair trial, innocence, and punishment. In addition, Article 13 of Chapter Two of the Constitution of Palestine concerning how no person shall be subject to any duress or torture, was violated as well. These conditions are beneficial to no one, for it hinders the advancement of humanity by diminishing the trust and empathy needed between the people for a peaceful society. Palestine continues to push for independence from Israel in ways such as the two-state solution, so that we may be able to become a state with our own will and freedom to implement our own laws. Without the oppression of Israel, Palestinians would be free to follow the Constitution of Palestine protected under the Palestinian National Authority, and align our purposes with the the goals of the United Nations: to ensure a more peaceful world.

The United Nations must work together in order to end the injustices brought upon many innocent civilians. Awareness and recognition of oppressive states like Israel to Palestine should be increased in order for the world to better itself. We hope to end the nonsensical accusation of crimes and punishment within nations, and bring about fair treatment and trials to those who deserve it.

Topic: Rights of Accused
Country: Panama
Delegate Name: Hannah Baird
School: Forest Hills Eastern High School

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.

Topic: Rights of Accused
Country: Portugal
Delegate Name: Connor Miller
School: Mattawan High School

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.

Topic: Rights of Accused
Country: Russia
Delegate Name: Leah King
School: Royal Oak High School

The rights of accused person’s is a pressing issue applicable to every nation. The UDHR clearly states the every citizen deserves to have their rights protected, and those accused in many nations do not have this protection. Several nations have expressed their concern regarding this issue, and the Russian Federation is looking forward to addressing said concerns in committee. Arbitrary detention is also a problem affecting citizens around the world. The Working Group on Arbitrary Detention strives to investigate any disregard of human rights and to resolve such issues with the involved nation. This type of action is exactly what will help those accused to have their basic rights protected.

The Russian Federation is in full support of groups such as The Working Group on Arbitrary detention, as long as member states agree to their involvement in their nation. We believe that rights of all accused persons must be protected, and national law should uphold this ideal. Although international law is an important factor in protecting rights, where do we draw the line to protect sovereignty? Intervention of outside groups should be a last resort solution to internal problems such as the rights of accused citizens.

In committee, the Russian Federation hopes to provide a solid framework for individual nations to build on and protect their citizens in a way applicable to their current justice system, yet still enforces rights stated in the UDHR. We also hope to advise and encourage member states to welcome The Working Group on Arbitrary Detention, as this group will be crucial to protecting citizens’ rights.

By working together and understanding motives and situations in every nation, we can create a solution that will protect the rights of every citizen. The rights of individuals must be protected, regardless of any legal accusations and any disregard of this rights, such as torture and arbitrary detention, will not be tolerated. The Russian Federation is looking forward to taking that next step to resolve this pressing issue in committee and making a safer world for accused persons.

Topic: Rights of Accused
Country: Serbia
Delegate Name: Nathan Atkins
School: Fishers High School

In our own nation, we are to ensure the protection of our citizens and thus, bring any sort of suspicious accused criminal into custody and/or supervision until their case is tried, but still ensure their human rights. After an arrest, the accused are sent to the investigative judge who will determine whether or not the accused should be detained. If it is determined that the accused person should be detained, they will remain in custody or under supervision until they are officially tried. These detainment periods are set to be the least time necessary and often accused (if their offences are minor) are released on bail in the form of currency or liens. When on bail, the accused are monitored to better assure the safety of the public and to make sure the accused do not continue to unlawfully act. Once the accused are tried, their sentence (if they are sentenced) does not include the time they spent in custody prior to their prosecution.

Our guidelines align well with international policy. Any accused person is considered innocent until proven guilty in a court of law, although may be detained if an investigative judge determines that they should be. A warrant must be granted before a search takes place. Our inmates and detainees are treated with the same rights as are outlined in international policy. We allow people who were unlawfully mistreated in the legal system sue the government for compensation. All of our rights of the accused are both enshrined into law and enforced with the intention of penalizing those who break the law and protecting the public.

We suggest that the international community should take into account not only the rights of an accused person, but also the threat they may pose if they are not properly monitored. If we do not monitor the accused, they could be a great threat to the public. Because of this, we request the international community to establish or strengthen systems to monitor accused persons while keeping the full integrity of their human rights intact. This can be done so by keeping a close record of finances, documented public acts and behavior, periodically checking in on an accused person, etc. We can encourage other nations to follow these guidelines by giving internationally funded incentives to those who do. Our goal is security and peace, and we hope the goals of the international community are the same.

Topic: Rights of Accused
Country: Slovakia
Delegate Name: Keilyn Broussard
School: Grand Blanc High School

Slovakia affords its accused citizens many rights under the Constitution, including the right to give an opinion on the allegation of his/her guilt with supporting evidence without having to testify, and also the right to elect and consult a counsel. However, the accused person may not consult his/her counsel on how to answer questions during interrogation. He/she can ask to be interrogated while in the presence of the counsel, and may speak to the counsel without a third person. Accused persons may be eligible for a free council or a reduced legal fee if he/she cannot afford the costs. Additionally, accused citizens have the right to know their own rights.

Slovakia's rights of the accused are in-line with International Policy. All of Slovakia's citizens are protected under the law, and torture and unsafe standards of living are prohibited. These rights are concrete within the law and enforced during trials. It is important to be transparent when it comes to this issue, and Slovakia has always endeavored to do so.

Slovakia believes that the United Nations should become involved in a state's legal issues if necessary, such as in the case of unfair treatment of an accused person. Slovakia is sure that legal corruption can be handled by the UN and the country itself without interfering with the country's national sovereignty. Slovakia hopes to provide an example to other countries so that they can bring themselves in line with international standards. It must be a country's own decision to do so however, the UN must remain hands off.

Topic: Rights of Accused
Country: South Africa
Delegate Name: Zoe VanSlooten
School: Forest Hills Eastern High School

The Universal Declaration of Human Rights protects citizens from arbitrary arrest, and entitles every citizen to a fair trial, awareness of his or her rights and criminal charges against them, the right to be considered innocent until proven guilty, and the protection from being held legally accountable for an action which was not illegal at the time it was performed.

The rights put in place for accused persons in South Africa are extremely similar to those set by this international policy. They are outlined by the African Union’s Charter on Human Rights, and further specified in the South African Bill of Rights. According to the latter document, accused persons have the right to remain silent, to be informed of the crimes they are accused of, to be brought to trial as quickly as possible (guaranteed within 48 hours of the initial arrest), to lawful treatment in custody, to be provided with a legal practitioner, to communicate with a spouse, kin, religious counselor, and medical practitioner, to any necessary information, and to a fair trial.

South Africa respects the international policy set in the Universal Declaration of Human Rights, and has used these suggestions to create its own policy that is best fitting to the nation’s needs. Since each country is different, however, the rights of its accused persons should be different as well. While international policy is vital to serve as an example and set precedent for developing nations, this policy should serve only as a guideline for nations to follow, not mandatory policy. Nations should have the right to create and implement their own policies for the rights of accused persons with consideration to the international suggestions.

Topic: Rights of Accused
Country: South Korea
Delegate Name: Miriam Attal
School: Forest Hills Eastern High School

The rights have of the accused has always been under scrutiny, especially by human rights activism organizations. While the rights of accused people is protected internationally and by the state, state policies can further outline the rights of the accused, imitate international policy, or be in conflict with international policy. Thus far, the Universal Declaration of Human Rights (UDHR) has defined the basic rights of the accused. Most nations have further developed these rights according to the needs of the nation and abide by them; some nations have them in place but fail to implement the policies. In spite of the policies agreed upon, the use of torture and inhuman treatment is still utilized. Frequently, states have to balance many factors when considering a person’s rights–whether it be the actual protection of an individual or the political integrity of the state. Allowing states to value the rights of the accused over political or economic interests and ensuring states follow international policy should be the goal of this conference and the major concern addressed.

The Republic of South Korea promotes the fair implementation of rights for the accused. In the United Nations, Korea has signed the International Covenant on Civil and Political Rights, which condemns the use of inhumane and degrading treatment and scientific experimentation on people accused of crimes. Additionally, the Covenant outline the right to a fair trial, security of person, and denounces arbitrary arrest. Since 1995, Korea has supported the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The law in South Korea prohibits the arbitrary arrest and detention of people, which is consistently observed by the government.

The Human Rights Committee should release reports and perform studies of each country’s success at implementing international policies on the rights of the accused. This will encourage each country to abide by international policies and further define their own national laws. Nations which have proper, efficient criminal justice systems and do not violate international policies should advise and aid the nations around them to advocate the adherence to the Universal Declaration of Human Rights.

Topic: Rights of Accused
Country: Spain
Delegate Name: Mason Adler
School: Vicksburg High School

Being part of the European Union, Spain follows the same principles of the rest of the European Union when it comes to the rights of those accused of crimes. Spain promises:

Interpretation and translation in court

The right to be informed of one’s rights

The right to legal advice and aid before and at trial

The right for a detained person to contact family, employers, and consular authorities

The right to protection for vulnerable suspects

The right to a Green Paper (according to Wikipedia, “a consultative document of policy proposals for debate and discussion”) upon pre-trial detention

The European Union is an advocate for human rights in general and the Court of Justice of the European Union. The Court of Justice of the European Union is one of the fairest out there. The Court of Justice of the European Union (from now on it will be referred to under the abbreviation CJEU) pushes for democratization and universal human rights. The Action Plan on Human Rights and Democracy in place for 2015 through 2019 plans to improve the European Union’s activeness in spreading democracy and human rights worldwide. Seeking a more active role in the fight against tyranny and to “keep human rights at the heart of the EU agenda”, the Action Plan lists many goals of the European Union in regards to human rights, including a section on improved justice systems. By 2017 the EU plans to reform the corrupt justice systems so unfortunately prevalent in today’s world and to increase the standards of detention facilities to meet international requirements.

Topic: Rights of Accused
Country: Sweden
Delegate Name: Colleen Hillard
School: Forest Hills Central High School

When accused of a crime in Sweden, a person has the right to a fair trial and a lawyer. Prisoners also have rights to food and water, to seeing their lawyers, and to vote. These rights are not new. Sweden has been firm on these rights not only for our own citizens, but also for citizens of other countries. Ratified in 1948, the Universal Declaration of Human Rights dictates numerous rights of the accused, including the right to a fair trial, and the right to be assumed innocent until proven guilty. Sweden was one of the 48 votes in favor of the declaration.

Despite this longstanding declaration, the accused in many countries are not afforded these basic rights. In such countries, no proper trial process is performed, and accused persons are detained without legal process, without contact with a lawyer or even their own families, without adequate prison conditions, and even are detained in secret locations.

Thus, it is Sweden’s goal on this topic to secure these rights–the right to a fair trial, to not be detained without due process, to have proper prison conditions, to be able to contact a lawyer and their families–for all people. Sweden hopes to form a committee to address violations of the Universal Declaration of Human Rights. Not only would these violations be addressed and assessed, but the committee would also recommend punitive actions against the offending parties to the proper authorities.

Sweden hopes to receive support from the US, its fellow Nordic countries, the UK, and other western European states. Sweden expects opposition from Saudi Arabia.

Topic: Rights of Accused
Country: Switzerland
Delegate Name: Salonee Marwaha
School: Forest Hills Northern High School

Human rights regulations vary from country to country. The United Nations has set rules which many countries within the UN abide to. This is known as The Universal Declaration of Human Rights (UDHR). This includes right to a fair trial and the right be innocent until proven guilty. Although Switzerland is a neutral body and has not signed all UN treaties and International Law Instruments, many of the laws in the Swiss Constitution are similar to those in the UDHR.

Under Article 29 of the Swiss Constitution, "offers the accused the "right to free legal advice and assistance unless their case appears to have no prospect of success." This means that every person that is accused is given free legal advice, with the exception of the case having no clear path to success. Similar to the UDHR, the accused are presumed innocent until proven guilt. Cases must be finished with a "reasonable" amount of time and the defendant has the right to a jury in serious cases such as murder. Also under the constitution, "Torture and any other form of cruel, inhuman or degrading treatment or punishment" are strictly prohibited.

The Criminal Code (SCC) contains general guidelines on the execution of criminal sentences. After a process lasting over twenty years, the revised Criminal Code was adopted in 2002 and entered into force on January 1, 2007. There are three types of sentences in the SCC for felonies or misdemeanors: custodial sentences, monetary penalties, and community service. The SCC provides for two types of sentence for minor offenses: fines and community service.

Topic: Rights of Accused
Country: Togo
Delegate Name: Claire Ronan
School: Royal Oak High School

In Togo, we believe the State has the obligation to guarantee the physical and mental integrity, the life and the security of every living person in the national territory, no matter their legal status.The rights of the accused as stated in Togo’s constitution are:

• No one may be arbitrarily arrested or detained. Whoever is arrested without legal basis or detained longer than the time period of arrest may, on their request or that of any interested person, refer [the matter] to the judicial authority designated to this effect by the law. The judicial authority decides without delay on the legality or the regularity of their detention.

• No one has the right to obstruct an accused person or detained [person] from being examined by a doctor of their choice.

• Every accused [person] has the right to be assisted by counsel at the stage of the preliminary inquiry.

• Every person arrested has the right to be immediately informed of the charges brought against them.

• Any accused [person] or suspected [person] is presumed innocent until their culpability has been established following a process that offers them the guarantees indispensable to their defense.

• No one may be submitted to torture or to other forms of cruel, inhuman or degrading

treatments.

• No one may evade the punishment incurred by committing such violations by

invoking the order of a superior or [that] of a public authority.

• Any individual, or any agent of the State, culpable of such acts, either on their own

initiative, or on instruction, will be punished in accordance with the law.

• Any individual, or any agent of the State is relieved of the duty of obedience when

the order received constitutes a grave and manifest infringement of the respect of the Rights of Man and of the public freedoms.

The judicial power, which is our guardian of individual liberty, assures respect for these rights, seeing as our constitution is the supreme law of the land. Unfortunately due to high levels of corruption in our bureaucracy, the rights of the accused are not always respected in Togo. In 2005, violence marred the national presidential election leaving nearly 800 people dead. This prompted immediate international action and an inquiry by the UN. In June of 2006 a UN Human Rights office was established within the country to help our government face some of the difficult issues that they themselves, were not willing to face. Some of these issues were around impunity, some of the issues were with the recklessness in the administration of justice. To strengthen the administration of justice in the country, the UNHR office engaged the judiciary in various training programmes, including drawing up a code of conduct for magistrates, and imposing regular human rights training workshops to judges, police officers, and teachers. With the support of the UNHR office, we are setting ethical standards in the Togolese justice system. In 2011, Togo abolished its death penalty and is still in the process of modernising their judicial system to mirror the recommendations posed by the UN. This has led to efforts in the capacity building of judicial staff through measures such as improving remuneration, recognition, and ethics education of judicial staff to ensure their independence and impartiality.

Nearly a decade since the establishment of the UNHR office, the journey towards democratization and upholding the respect of the rights of the accused is on course, while the justice system in Togo continues to undertake many reforms. While in committee we look to not only establish protective rights of the accused in countries where they might not be as prevalent, but to also maintain that these rights are upheld even when a nation is in a ‘fragile’ state that lacks human and financial resources, or is facing corruption.

Topic: Rights of Accused
Country: Trinidad and Tobago
Delegate Name: Sarah Flowers
School: Forest Hills Northern High School

Each country has their own views and policies on human rights issues and rights of the accused. The United Nations established the Universal Declaration of Human Rights (UDHR), which states that all individuals accused have the rights to a lawyer and trial. The UDHR also states that the accused are innocent until proven guilty. These policies are recognized as good-willed and may work for other nations, however, Trinidad and Tobago does not abide by these policies.

Trinidad and Tobago has held a firm stance regarding LGBT rights for as long as they have been prevalent in society. Today, we stand by our beliefs that homosexuality is wrong, and we reflect this in our laws and try to preserve our traditional values and family structures. Because of our strong and unwavering position, the individuals accused of committing acts of homosexuality are not provided with rights to a lawyer or trial. While to some this may seem harsh, in Trinidad and Tobago these policies are seen just and necessary in order to uphold the law.

As of late, there have been pushes from LGBT rights activist groups targeted at the Caribbean Court of Justice and our decision not to legalize acts of homosexuality. Despite the recent attention to our strict policies, we stand by our decisions and believe that we are doing what is right for the country.

While we do not allow homosexuality or give rights to those accused, any violence against those suspected or accused is prohibited and punishable by law.

Topic: Rights of Accused
Country: Tunisia
Delegate Name: Lia Bommarito
School: Williamston High School

Since the creation of hearings, there has always been a dilemma looming: how can the court and the government ensure safe and fair trials? Oftentimes, hearings are not fair. In many countries around the world, trials are irregular and messy and betray the so called ‘rights’ of those accused. Countless countries do not guarantee the right to a speedy trial, which can result in people rotting inside of jail cells before receiving their sentence. There are dozens more rights of people accused of crimes around the world, but international law has yet to create a unified code for the rights of the accused.

The Republic of Tunisia has never had fantastic credibility on their trials. In the case of Ben Ali, the murderer of many innocent protestors, and many other accused, trials are rarely speedy or fair. Thousands of Tunisian victims cannot rest easy as their attackers are sentenced to measly censures. According to international law, all citizens in every country should have the right to a fair trial, and Tunisia agrees with this philosophy. Every country should give their citizens the right to a fair trial. However, international policy is not necessarily enforced in every country. This, Tunisia believes, is a way of life.

Despite the fact that international law is set in place for all countries, enforcing them can lead to complications for non-consenting countries. National sovereignty cannot be compromised in the quest for international rights. It is simply not the United Nation’s business to concern themselves with what goes on in each individual country. Although international policy can be passed, most methods of enforcing international law infringe on sovereignty; while the right to a speedy and fair trial is important, it should be up to the decision of each individual country to guarantee it.

Topic: Rights of Accused
Country: Turkmenistan
Delegate Name: Anna Levashkevich
School: Grand Blanc High School

Rights of the accused is a topic that is one of the most important parts of governmental legislature. It is a topic that has started many revolutions and is something many nations today continue debating and attempting to find a correct solution to. Some important aspects include the right to remain silent, the right to an attorney, equality between sexes and races, as well as right to a public trial.

In Turkmenistan we have a very advanced constitution which guarantees equality of citizens before the law, arbitrary arrest, the right to remain silent, the right to a public trial, the right to appeal court decisions, the right of due process, the right to call a witness, the right of self-representation, the right to an attorney, and freedom from double jeopardy. We have guaranteed many rights to the accused and find this an important and vital part of our government and court system.

Although we understand that many of these rights specifically, the right to an attorney could be difficult for some countries to provide, we believe that all of the rights mentioned above should be set as a goal and as something to strive towards. We view them as basic but essential rights and protection and safety from the government. We wish to write a resolution urging other nations to join us in adding these rights into their constitutions. Using Turkmenistan as an example it is time for the entirety of the world to secure the most basic rights of the accused.

Topic: Rights of Accused
Country: United Kingdom
Delegate Name: Kara VanAllen
School: Mattawan High School

In each individual country, rights of the accused can vary from the international policy. It is important for the accused to have established rights and equal chances at proving their innocence. Human rights regulations vary from country to country. The United Nations has set rules which many countries within the UN abide to. This is known as The Universal Declaration of Human Rights (UDHR). This includes right to a fair trial and the right be innocent until proven guilty.

The United Kingdom's policies regarding rights of the accused are aligned with international community and fellow European nations. Rights such as the right to remain silent, protection from forced self-incrimination, and protection from coercion are secured in the United Kingdom's policy. We expect support in this stance from other countries in the European Union, Western Countries, and developed countries.

Under the Human Rights Act of 1998, an act of parliament which specifically listed the basic human rights granted to all citizens in the United Kingdom, "Article 3 – the right not to be tortured or inhumanly or degradingly treated or punished". The United Kingdom has explicitly stated that his right is an absolute right from which there is NO EXCEPTIONS. We work to combat torture wherever it exists: the UK was one of the first states to ratify and implement the Optional Protocol to the UN Convention Against Torture (OPCAT). The Human Rights Act applies to all public bodies within the United Kingdom, including central government, local authorities, and bodies exercising public functions.

The delegation from the United Kingdom looks forward to working with like-minded countries to increase the rights of the accused on a global platform. Thank you.

Topic: Rights of Accused
Country: United States
Delegate Name: Emma Getz
School: Fishers High School

Ever since the founding of our nation and the Constitutional Convention of 1787, the United States has been an important advocate for the rights of those accused of crimes. One of the main goals of both Federalists and Antifederalists when creating the Constitution was to avoid giving the federal government tyrannical power. In order to do this, we uphold our citizens’ civil liberties in the highest regard. Every time a Supreme Court case exposes the threat of rights being infringed upon without due process of law, it is struck down immediately.

Amendment IV of the Constitution states, “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by the Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”. Because of this, law enforcement can not conduct search and seizure without a court-issued warrant or “probable cause” (when it seems there is immediate danger). This protects anyone accused of a crime from unlawful search but also protects the common good of the people. Amendment V states that no person shall be held to answer for a crime without due process of law. This goes hand in hand with Amendment VI, ensuring all citizens accused of a crime the right to a speedy and public trial. Also, no evidence obtained illegally by law enforcement can be used in said trials. Overall, the United States holds the rights of the accused in high regard; everyone is innocent until proven guilty.

There are many blatant human rights violations of the accused in other nations. The United States hopes to implement the basic ideas of our 4th, 5th, and 6th constitutional amendments into a resolution paper for those nations agreeing. As members of the United Nations we all have a duty to uphold the basic human rights of our citizens and keeping their human rights in place while they are accused of a crime is of the utmost importance.

Topic: Rights of Accused
Country: Venezuela
Delegate Name: Annalise Brinks
School: East Grand Rapids High School

The lack of rights of the accused has been addressed by the United Nations through the Universal Declaration of Human Rights. However, many nations have struggled to provide these basic protections for their citizens, such as the right to a “fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.” This has been a challenge in Venezuela because of the way the judicial system is established; Venezuela was established as an inquisitorial system that relies on impartial judges to collect evidence and make decisions.

The shift to an accusatorial system has aided in the protection of these rights, giving the court system more unbiased judgement and presentation of evidence. However, Venezuela still struggles to provide speedy trials for the accused, often missing the deadlines and boundaries that laws have placed on the judicial system. The corruption in the Venezuelan judicial system has lead to these issues with the rights of alleged criminals. Venezuela would like to call the United Nations to action in aiding these individuals with the protection of their rights and the upholding of the Universal Declaration of Human Rights. Additionally, the enforcement of these rights should be shifted to more unbiased governmental figures, rather than military figures. This would allow Venezuela to remove some corruption from our judicial program that stems from the overpowering military control of the system.

Furthermore, while protecting the rights of the accused is crucial for the functionality of the system, we must also focus on maintaining control and the common good. On occasion, protecting an entire society or community can be more important than upholding the rights of one individual. The nations must ensure that they are not sacrificing the good of the whole for the protection of one person’s rights because this can endanger a society. However, it is ultimately up to specific nations to decide the point at which the well-being of the community supersedes the rights of an individual.

Venezuela would like to urge the United Nations to work towards securing the rights of the accused and ensuring that there is a benchmark of protection that is offered globally. While Venezuela struggles with protecting the rights of the accused, the nation is working to create a system that is free of corruption and that abides by the Universal Declaration of Human Rights.

Topic: Rights of Accused
Country: Zimbabwe
Delegate Name: Evelyn Pae
School: Forest Hills Central High School

In Zimbabwe, the 2013 national Constitution specifically protects the rights of accused persons within the country. Individuals accused of a crime have the right to know what they have been charged with and to be represented by a legal practitioner. The rights of accused persons as they have been outlined in the national Constitution align with international rights of the accused as defined by the Rights of the Suspect and Accused of the United Nations. Section 326 of the national Constitution of Zimbabwe states that international law does apply to Zimbabwe to the extent that it correlates with existing Zimbabwean law. However, international law does not apply to Zimbabwe in the event that the international policy conflicts with Zimbabwe's own laws. Zimbabwe must preserve its own laws and policies because of the great corruption that exists throughout the world, especially Western countries with overexaggerated power in the international system today. States' rights to make their own laws as they seem fit, and not to allow other countries with questionable intentions to direct and control our legal process, must be placed at a higher importance than international law. However, Zimbabwe does take into consideration international law and many of our policies correspond with international law. We obviously have a fair system for granting rights to those accused of crimes which we are working on in order to improve and promote human rights, which is a major concern for us. Although there have been complaints from other countries that violations of our laws have happened in our country, we are always working to create a fairer system and are making this a priority.