Right to fair trial

1. THE LEGAL SYSTEM AND THE
RIGHT TO ‘FAIR TRIAL’
Arshad Nawaz Khan

2.  Legal system of Pakistan
 The Judiciary introduction and hierarchy
 Criminal Justice System(Balance of
truth)
 Civil Justice System (Balance of
Probabilities)

3. EQUALITY AND EQUITY

6. Right to fair trial
a. Pre-trial b. During trial c. Post trial
International Legal Regime
a. UDHR 1948
b. Article 14 of International Covenant on Civil and Political
Rights (ICCPR) 1966
c. International Covenant on Economic, Social and Cultural
Rights (ICESCR) 1966
d. Article 6 of the European Convention on Human Rights
1950-53
e. Geneva Convention 1949
f. CCPR Human Rights Committee 90th session, Geneva
2007. General comment No.32

7. CONSTITUTIONAL BACKGROUND OF FAIR
TRIAL
 Article 9 of constitution
 Article 10 of constitution;
(a)The prohibition on arbitrary arrest and detention
(b) The right to know the reasons for arrest
(c) The right to legal counsel of choice
(d) The right to a prompt appearance before a
judge to challenge the lawfulness of arrest and
detention
 Article 10-A
 Section 14 prohibition on torture
 Article 25 equality before the law

8. PRE-TRIAL RIGHTS
 The Prohibition on arbitrary arrest and detention
 The Right to Know the Reasons for Arrest
 The Right to Legal Counsel
 The Right to a Prompt Appearance Before a
Judge to Challenge the Lawfulness of Arrest
and Detention
 The Prohibition of Torture and the Right to
Humane Conditions during Pre-trial Detention
 The Prohibition on Incommunicado Detention

9. RIGHTS DURING THE TRIAL
 Equal Access to, and Equality before, the Courts
 The Right to a Fair Hearing
 The Right to a Public Hearing
 The Right to a Competent, Independent and
Impartial Tribunal established by Law
 The Right to a Presumption of Innocence
 The Right to Prompt Notice of the Nature and Cause
of Criminal Charges
 The Right to Adequate Time and Facilities for the
Preparation of a Defense
 The Right to a Trial without Undue Delay

10.  Right to Defend Oneself in Person or through
Legal Counsel
 The Right to Examine Witnesses
 The Right to an Interpreter;
 The Prohibition on Self-incrimination and
inducement
 The Prohibition on Retroactive Application of
Criminal Laws
 The Prohibition on Double Jeopardy

11. POST-TRIAL RIGHTS
 The Right to Appeal
 The Right to Compensation for Miscarriage of Justice
 Right to get paid for labour in prison
Sources
1. Constitution 1973
2. Fair Trails International http://www.fairtrials.net/).
3. International Covenant on Civil and Political Rights,
1966
4. The Convention against Torture and Other Cruel
Inhuman or Degrading Treatment or Punishment

12. FAIR TRIAL IN CIVIL JUSTICE
 Standard of Proof in Civil cases
 Right and access to a court
 Legal aid
 Institutional requirements
 Equality of arms
 Evidence
 Reasoning of judicial decisions
 Public hearing
 Length of Proceedings