EFFECT OF THE ECHR AND ICCPR ON FAIR TRIAL RIGHTS IN PAKISTAN

Abstract

The article explores how the international fair trial standards, especially the International Covenant on Civil and Political Rights (ICCPR) and the case law of the European Convention on Human Rights (ECHR), have affected the legal system and judicial practice in Pakistan. In the case of Pakistan, it is a state party to the ICCPR and is subject to its obligations under international law, but has adopted a "dualist" approach, meaning that the treaties need to be incorporated in the country through the adoption of domestic legislation. Although the ECHR doesn't have a binding effect on Pakistan, it can be used as a rich source of comparative jurisprudence for Pakistan's courts to draw upon, especially in Article 6. The article suggests that international standards have left an indelible imprint on the constitutional process in Pakistan, including the addition of Article 10A in the 2010 18th Amendment to the constitution that explicitly states the right to a fair trial and due process. However, provisions in the ICCPR have increasingly been used as an interpretative tool in the interpretation of the constitution in Pakistan by the superior courts. The conclusion of the article is that international standards have influenced the use of the vocabulary of fair trial in Pakistan and the constitutional structures, but sustained institutional investment, especially at the district judiciary, strengthening of the delivery of legal aid, improvement of forensic capacity and consistent application of due process principles at all stages of criminal proceedings can bring about meaningful reform.