Pre-Trial Rights of Accused: Comparing Pakistani and International Legal Frameworks

The present study intended to compare five pre-trial accused’s rights including the right to know the reasons of arrest, the right to be produced before magistrate, right not to be tortured, right of privacy and dignity in Pakistani and international legal frameworks. After following functional approach in comparative legal studies, the present study found that the right to know the reasons of arrest is recognized but its scope in terms of time and language is different in Pakistani and international legal frameworks except UDHR. The study also found that the right of production of an accused is recognized in domestic and international instruments except UDHR; however, the nature, time and scope of the forum differ. Likewise, the prohibition on torture is acknowledged in all national and international legal instruments with the variation in the scope of this right. The study also noted that the right of privacy is recognized as a conditional right in national and international legal instruments. However, the scope of this right is different in these instruments. The analysis also reveals that the right to dignity is acknowledged as an absolute right in national and internal legal framework with the only difference that ICCPR specifically gives this right to an accused. It is expected that the present study will offer assistance to legislature and judiciary to improve the existing legal framework pertaining to the rights of accused