Pre-Trial Detention and its Compensation in International and Pakistani Law
<p class="first" id="d176601e65">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 meas...
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| Format: | Article |
| Language: | English |
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Pluto Journals
2018-01-01
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| Series: | Policy Perspectives |
| Online Access: | https://www.scienceopen.com/hosted-document?doi=10.13169/polipers.15.3.0047 |
| Summary: | <p class="first" id="d176601e65">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.
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| ISSN: | 1812-1829 1812-7347 |