Overview The Right to Fair trial is the cornerstone of any democratic society and constitutes various other rights relating to the treatment of individuals within the Criminal Justice System. International law has delved greatly upon the need to ensure compliance with the right to fair trial to enforce the Rule of Law and safeguard…
Constituent Rights It is important that in order for the full realization of the right to fair trial, the interests of the accused, victim and society at large need to be balanced, without prejudice to one another.[1] There are a number of rights that constitute the wider right to a fair trial. These…
International Human Rights Safeguards and Standards The Universal Declaration of Human Rights, a milestone document in the history of human rights adopted by the United Nations and now widely accepted as customary international law, outlines the right to a fair trial in Article 10 by stating that “Everyone is entitled in full equality to…
Constitutional Safeguards The Constitution of Pakistan, 1973 certainly reflects many of the Articles found in the UDHR, ICCPR and ICESCR. However, the ‘right to fair trial’ was left out, in spite of Pakistan pledging to promote and respect human rights and to take effective measures both in the national and international spheres, in 1948.…
Domestic Law and Jurisprudence 1. Domestic Law Although the right to a fair trial has been guaranteed explicitly in the Constitution of Pakistan, this fundamental right can also be found being protected, or sometimes being derogated from, within domestic legislation. Code of Criminal Procedure 1898 and Qanun-e- Shahadat Order 1984 A…