Fair Trial Rights of the Accused: Evaluating Compliance with International Human Rights Standards in Pakistan

Abstract

Fair trial is the root of the tree of criminal justice system, and the rights of the accused are its fruits. As the seasons change, these rights continue to evolve and expand. International human rights standards, articulated through various treaties and conventions, obligate states to uphold and ensure these rights. This paper seeks to answer whether the rights of the accused in criminal justice system of Pakistan meet the human rights standards of fair trial set by various international instruments and treaties. Through extensive qualitative study of related legal instruments at both national and international levels, landmark case laws, and local practices, this research comprehensively explores the alignment of national legal framework and practices pertaining to fair trial rights with international human rights standards. The research concludes that procedural laws require amendments to protect fair trial rights from the inception of a criminal case to its conclusion, as per international human rights standards and best practices. This study contributes to the ongoing discourse on rights of accused and the promotion of fair trial rights in Pakistan, through providing valuable insights for our representatives, practitioners, and academics who are devoted to improve and strengthen the criminal justice system.