Accountability of the Public Authorities vis-a-vis Persons as Alleged Offenders: An Analysis of protection of Human Rights of the Under-Trials
Authors: - Souradeep Rakshit 
Published: February 2025

The concept of accountability of public authorities in relation to individuals who are alleged offenders is a critical issue within the framework of human rights, justice, and governance. Public authorities, including law enforcement, prosecutors, and other administrative bodies, hold significant power in regulating, investigating, and prosecuting potential offenses. However, with such power comes the responsibility to ensure fairness, transparency, and respect for the rights of individuals under investigation. This paper explores the multidimensional aspects of accountability in the interaction between public authorities and persons alleged to be offenders, highlighting both legal frameworks and ethical considerations.
In examining the accountability mechanisms available to persons accused of offenses, this research reviews various legal instruments and procedural safeguards designed to protect individuals against arbitrary treatment and to promote justice. These include constitutional guarantees, statutory rights, and international treaties that bind public authorities to uphold certain standards in criminal investigations and trials. The focus is on the duties of public authorities to act within the scope of the law and to ensure that any action taken against alleged offenders is consistent with the principles of due process, equality, and non-discrimination. Key to this discussion is the role of oversight bodies, such as judicial review, ombudsman offices, and independent commissions, which provide a check on the powers of public authorities and ensure that any abuse or deviation from established protocols is addressed.
Moreover, the paper delves into the specific challenges that arise in ensuring accountability in diverse legal contexts, including within systems where political interference, corruption, or inadequate judicial resources may compromise the enforcement of these safeguards. It examines how public authorities are sometimes held to minimal standards of accountability and the resultant impact on the rights of individuals, including wrongful arrests, detention without trial, excessive use of force, and biased legal proceedings. Furthermore, the paper considers the increasing role of digital surveillance, artificial intelligence, and data gathering in modern law enforcement, which raises new concerns about the balance between state security and individual privacy rights.
Through a comparative analysis of different legal systems, the study identifies both best practices and weaknesses in various approaches to ensuring the accountability of public authorities toward alleged offenders. A particular focus is given to the importance of legal reforms and the establishment of robust institutional frameworks that can guarantee the protection of individuals from arbitrary state action. The paper ultimately argues for a stronger and more systematic application of accountability mechanisms that not only hold public authorities to account but also promote greater trust between the state and its citizens.
in conclusion, the paper asserts that a robust system of accountability is essential for the proper functioning of any democracy, ensuring that public authorities act responsibly and ethically in dealing with alleged offenders. This includes safeguarding the fundamental rights of accused individuals while fostering a just and effective legal system. It calls for continued efforts toward enhancing transparency, oversight, and legal reform to mitigate abuses of power and to protect individuals within the justice process.