Right to Fair Trail under Article 10A: Practical Implementation in the Criminal Justice System of Pakistan

Abstract

One of the most crucial aspects of any justice system and one that is closely related to the rule of law is right to a fair trial. This right is mentioned in such international documents as the universal declaration of human rights and the ICCPR. Pakistan altered its Constitution in 2010 which was Article 10A or its 18th Amendment. This move was done to show that Pakistan wants to have a good legal procedure, as the existing laws were in line with the international laws on human rights.

In this paper I am going to analyze the Article 10A in more detail. It discusses that this article has made Constitution of Pakistan one of the strongest in the world in respect of safeguarding the basic rights. The study focuses on the interpretation and understanding of fair trial of important cases by the courts in Pakistan, and how it works in the criminal justice practice The protection of such rights as the presence of an unbiased judge and the presumption of innocence until proven guilty have been large constituents of the role played by courts. They have also opposed trial of civilians by military tribunals

But still, a lot of problems remain. Article 10A is not fully functioning due to court delays, police brutality and insufficient legal assistance. The paper concludes that as much as Article 10A is a good ground, it could only be improved by enhancing reforms and strong supervision to ensure justice is fair and accessible to all in Pakistan.