تحديات كفالة حقوق الإنسان في إطار مواجهة الظاهرة الإرهابية

Abstract

Targeting this paper exposure to study the most important challenges that can be imposed by the criminal legislation to prosecute terrorist elements on human rights, in order to lead this mechanism to combat terrorism to prejudice human rights, and narrowed which imposes an exceptional situation prevents ensure full individual rights and endanger their liberties. The longer treatment legislative (criminal legislation) aimed to combat terrorism and work to prevent and undermine its foundations ways with after legal purely institution so the structure of the legislative might affect the criminal law of national unity through expanded to include such terrorist acts, or the realization of a new project based on the Anti-Terrorism Act ( It should be noted here that all anti-terrorism laws came in a hurry so we find where some rights abuses havens or victims' rights), especially in light of Alaulmyat (globalization everything) - including legislation and punishment, and perhaps the most prominent manifestations today individualize each of the criminalization and punishment, especially when it comes to the issue such as terrorism and its relation to the human rights issue (one of the key issues in world politics today). Therefore, the legislative confrontation or even procedural terrorism necessarily call for some harassment to the freedom of individuals, including elements of terrorist groups themselves. All of this led to punitive penalty systems to create a new logical perception line between the two propositions; need to prosecute terrorist elements, and the need to ensure the rights of individuals (victims of terrorism / directly or indirectly, or even terrorists themselves). That is to ask based primarily on the philosophy of aftercare, which is part of the penal policy and at the same time the right of human rights in the contemporary world, aiming to qualify sentenced to life following his release or as humane treatment of punitive general.