Abstract
Right to liberty is considered a basic human right and the pre-trial detention curtails this right before the guilt is proven. Pre-trial is authorized by international and domestic legal regimes as an unavoidable measure but with certain precautions. Subsequent to pre-trial detention, international human rights law is silent about compensating those who were falsely or mistakenly held by state authorities. Certain states have recently realized the need of a compensation mechanism. In Pakistan, the criminal procedure warrants certain precautions and allows a form of compensation for pre-trial detention, yet the law lacks in certain respects. Exploring evolution of the realization to compensate for the apprehension before conviction, this paper looks for the convergence and divergence of Pakistani and contemporary legislation on the issue of pre-trial detention and its compensation. The paper suggests reforms through minimal use of pre-trial detention and by providing compensation to the innocent victims of pre-trial detention.
Highlights
The right to liberty is a basic human right
The author is thankful to Khalid Rahman Director General, and Syed Nadeem Farhat Senior Research Officer, Institute of Policy Studies for their valuable inputs during the course of writing this paper
2 Centre for Human Rights Geneva and Crimes prevention and Criminal Justice Branch, Professional Training Series No 3_ Human Rights and Pre-trial Detention: A handbook of international standards relating to Pre-trial detention, (New York and Geneva: United Nation, 1994), pp 14-15
Summary
The right to liberty is a basic human right. It is universally acknowledged and embodied in several international, regional and national legal statutes. Depriving an individual from this right has numerous and serious implications for the individual, his family and for the society as a whole. He suffers an enormous harm and irreparable loss (in terms of health, time, wealth, reputation and liberty) that cannot be compensated in shape of aforementioned deduction. Such instances present a very serious question to the overall spirit and scheme of the justice system. This paper aims to highlight and analyze this aspect in the light of contemporary international human rights law, while focusing on the provisions of Pakistan’s criminal procedure This may help or provoke the legislature and policy makers in.
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