Pakistan - Revision history

IBJadmin: /* vi. Capital Punishment */

2017-07-14T14:28:22Z

vi. Capital Punishment

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	Pakistan has not abolished the death penalty. Crimes punishable by death include:		Pakistan has not abolished the death penalty. Crimes punishable by death include:
	○ Aggravated Murder		○ Aggravated Murder

	○ Murder		○ Murder

	○ Other offenses resulting in death		○ Other offenses resulting in death

	○ Terrorism related offenses resulting in death		○ Terrorism related offenses resulting in death

	○ Terrorism related offenses not resulting in death: airplane hijacking, or assisting a hijacking, attempting to harm railway passengers, etc.		○ Terrorism related offenses not resulting in death: airplane hijacking, or assisting a hijacking, attempting to harm railway passengers, etc.

	○ Rape not resulting in death		○ Rape not resulting in death

	○ Kidnapping not resulting in death		○ Kidnapping not resulting in death

	○ Drug trafficking not resulting in death		○ Drug trafficking not resulting in death

	○ Adultery		○ Adultery

	○ Apostasy		○ Apostasy

	○ Treason		○ Treason

	○ Military offenses not resulting in death		○ Military offenses not resulting in death

	○ Other offenses not resulting in death<ref>Cornell Center on the Death Penalty Worldwide, Death Penalty Database </ref>		○ Other offenses not resulting in death<ref>Cornell Center on the Death Penalty Worldwide, Death Penalty Database </ref>

	In December, 2014, Pakistan reinstated the death penalty after a seven-year moratorium on executions. According to the latest estimates, there have been at least 15 executions so far in 2017 alone. In 2016, there were an estimated 87 executions and 330 executions in 2015.<ref>Id.; Geo, To the Gallows: Recent History of Executions in Pakistan (2017). </ref>		In December, 2014, Pakistan reinstated the death penalty after a seven-year moratorium on executions. According to the latest estimates, there have been at least 15 executions so far in 2017 alone. In 2016, there were an estimated 87 executions and 330 executions in 2015.<ref>Id.; Geo, To the Gallows: Recent History of Executions in Pakistan (2017). </ref>


	===vii. Ex Post Facto punishment===		===vii. Ex Post Facto punishment===

IBJadmin: /* ii. International Sources of Defendant’s Rights */

2017-07-14T14:27:34Z

ii. International Sources of Defendant’s Rights

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	Pakistan is a States Party to many international conventions and treaties that provide a variety of rights for it’s citizens, including:		Pakistan is a States Party to many international conventions and treaties that provide a variety of rights for it’s citizens, including:

	● International Convention on the Elimination of All Forms of Racial Discrimination (1969)		'''● International Convention on the Elimination of All Forms of Racial Discrimination (1969)'''

	○ Signed: 1966		○ Signed: 1966
	○ Ratified: 1966		○ Ratified: 1966

	● International Covenant on Civil and Political Rights (1976)		'''● International Covenant on Civil and Political Rights (1976)'''

	○ Signed: 2008		○ Signed: 2008
	○ Ratified: 2010		○ Ratified: 2010

	● International Covenant on Economic, Social, and Cultural Rights (1976)		'''● International Covenant on Economic, Social, and Cultural Rights (1976)'''

	○ Signed: 2004		○ Signed: 2004
	○ Ratified: 2008		○ Ratified: 2008

	● Convention on the Elimination of all Forms of Discrimination Against Women (1981)		'''● Convention on the Elimination of all Forms of Discrimination Against Women (1981)'''

	○ Signed: N/A		○ Signed: N/A
	○ Ratified: 1996		○ Ratified: 1996

	● Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987)		●''' Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987)'''

	○ Signed: 2008		○ Signed: 2008
	○ Ratified: 2010		○ Ratified: 2010

	● Convention on the Rights of the Child (1990)		'''● Convention on the Rights of the Child (1990)'''

	○ Signed: 1990		○ Signed: 1990
	○ Ratified: 1990		○ Ratified: 1990

	● Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2002)		'''● Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2002)'''

	○ Signed: 2001		○ Signed: 2001
	○ Ratified: 2016		○ Ratified: 2016

	● Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2002)		'''● Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2002)'''

	○ Signed: 2001		○ Signed: 2001
	○ Ratified: 2011		○ Ratified: 2011

	● Convention on the Rights of Persons of Persons With Disabilities (2008)		'''● Convention on the Rights of Persons of Persons With Disabilities (2008)'''

	○ Signed: 2008		○ Signed: 2008

IBJadmin: /* ii. International Sources of Defendant’s Rights */

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ii. International Sources of Defendant’s Rights

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	● International Convention on the Elimination of All Forms of Racial Discrimination (1969)		● International Convention on the Elimination of All Forms of Racial Discrimination (1969)

	○ Signed: 1966		○ Signed: 1966
	○ Ratified: 1966		○ Ratified: 1966

	● International Covenant on Civil and Political Rights (1976)		● International Covenant on Civil and Political Rights (1976)

IBJadmin: /* ii. International Sources of Defendant’s Rights */

2017-07-14T14:25:58Z

ii. International Sources of Defendant’s Rights

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	● International Convention on the Elimination of All Forms of Racial Discrimination (1969)		● International Convention on the Elimination of All Forms of Racial Discrimination (1969)

	○ Signed: 1966		○ Signed: 1966
	○ Ratified: 1966		○ Ratified: 1966

	● International Covenant on Civil and Political Rights (1976)		● International Covenant on Civil and Political Rights (1976)

	○ Signed: 2008		○ Signed: 2008
	○ Ratified: 2010		○ Ratified: 2010

	● International Covenant on Economic, Social, and Cultural Rights (1976)		● International Covenant on Economic, Social, and Cultural Rights (1976)

	○ Signed: 2004		○ Signed: 2004
	○ Ratified: 2008		○ Ratified: 2008

	● Convention on the Elimination of all Forms of Discrimination Against Women (1981)		● Convention on the Elimination of all Forms of Discrimination Against Women (1981)

	○ Signed: N/A		○ Signed: N/A
	○ Ratified: 1996		○ Ratified: 1996

	● Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987)		● Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987)

	○ Signed: 2008		○ Signed: 2008
	○ Ratified: 2010		○ Ratified: 2010

	● Convention on the Rights of the Child (1990)		● Convention on the Rights of the Child (1990)

	○ Signed: 1990		○ Signed: 1990
	○ Ratified: 1990		○ Ratified: 1990

	● Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2002)		● Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (2002)

	○ Signed: 2001		○ Signed: 2001
	○ Ratified: 2016		○ Ratified: 2016

	● Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2002)		● Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography (2002)

	○ Signed: 2001		○ Signed: 2001
	○ Ratified: 2011		○ Ratified: 2011

	● Convention on the Rights of Persons of Persons With Disabilities (2008)		● Convention on the Rights of Persons of Persons With Disabilities (2008)

	○ Signed: 2008		○ Signed: 2008
	○ Ratified: 2011		○ Ratified: 2011

IBJadmin: /* ii. International Sources of Defendant’s Rights */

2017-07-14T14:25:02Z

ii. International Sources of Defendant’s Rights

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	● International Convention on the Elimination of All Forms of Racial Discrimination (1969)		● International Convention on the Elimination of All Forms of Racial Discrimination (1969)

	○ Signed: 1966		○ Signed: 1966
	○ Ratified: 1966		○ Ratified: 1966

	● International Covenant on Civil and Political Rights (1976)		● International Covenant on Civil and Political Rights (1976)
	○ Signed: 2008		○ Signed: 2008

IBJadmin: /* 3. Rights of the accused at all time: */

2017-07-14T14:23:05Z

3. Rights of the accused at all time:

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	Section 340 of Cr.P.C. states: “[a]ny person accused of an offence before a Criminal Court or against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader.<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 340.</ref>”		Section 340 of Cr.P.C. states: “[a]ny person accused of an offence before a Criminal Court or against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader.<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 340.</ref>”

	=3. Rights of the ~~accused~~ at ~~all time~~:=		=3. Rights of the Accused at All Time:=

	==a. Criminal Law ~~system~~==		==a. Criminal Law System==

	===i. Double ~~jeopardy~~===		===i. Double Jeopardy===

	The right against double jeopardy is protected by the Pakistani constitution as well as the penal code. Article 13 of the constitution states: “[n]o person shall be prosecuted for the same offense more than once.<ref>Constitution of Pakistan, Art. 13.</ref>” Similarly, article 403 of the Pakistani Code of Criminal Procedure states that “[a] person who has once been tried by a Court of competent jurisdiction for an offense and convicted or acquitted of such offense shall, while such conviction or acquittal remains in force, not to be liable to be tried again for the same offense . . . .”<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 403.</ref>		The right against double jeopardy is protected by the Pakistani constitution as well as the penal code. Article 13 of the constitution states: “[n]o person shall be prosecuted for the same offense more than once.<ref>Constitution of Pakistan, Art. 13.</ref>” Similarly, article 403 of the Pakistani Code of Criminal Procedure states that “[a] person who has once been tried by a Court of competent jurisdiction for an offense and convicted or acquitted of such offense shall, while such conviction or acquittal remains in force, not to be liable to be tried again for the same offense . . . .”<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 403.</ref>

	===ii. Legality ~~principle~~===		===ii. Legality Principle===

	The legality principle in Pakistani law has been interpreted to be synonymous with the prohibition against retrospective/retroactive punishment (see section on ex post facto laws).<ref>Pakistan Practice relating to Rule 101: The Principle of Legality, https://ihl-databases.icrc.org/customary-ihl/eng/docs/v2_cou_pk_rule101.</ref>		The legality principle in Pakistani law has been interpreted to be synonymous with the prohibition against retrospective/retroactive punishment (see section on ex post facto laws).<ref>Pakistan Practice relating to Rule 101: The Principle of Legality, https://ihl-databases.icrc.org/customary-ihl/eng/docs/v2_cou_pk_rule101.</ref>


	===iii. Presumption of ~~innocence~~===		===iii. Presumption of Innocence===

	The Pakistani constitution does not explicitly guarantee the right to a presumption of innocence for criminal defendants.		The Pakistani constitution does not explicitly guarantee the right to a presumption of innocence for criminal defendants.


	===iv. Standards of ~~proof~~ and ~~standards~~ for ~~conviction~~===		===iv. Standards of Proof and Standards for Conviction===

	The burden of proof in a criminal trial is only explicitly mentioned in the law of evidence or the Qanun-e-Shahadat, 1984. Articles 117 to 129 of the Qanun-e-Shahadat deal with the burden of proof.<ref>Qanun-e-Shahadat, 1984, §§ 117-129. </ref> In criminal cases the burden lies with prosecution to prove beyond a reasonable doubt that the defendant is guilty of the charged offense. The Supreme Court of Pakistan has stated: “Finding of guilt against an accused cannot be based merely on the high probabilities that may be inferred from evidence in a given case. Finding of guilt should rest surely and firmly on the evidence produced. Mere conjectures and probabilities cannot take the place of proof. Otherwise the golden rule of benefit of doubt will be reduced to naught.”<ref>See Muhammad Luqman (PLD 1970 SC 10)</ref>		The burden of proof in a criminal trial is only explicitly mentioned in the law of evidence or the Qanun-e-Shahadat, 1984. Articles 117 to 129 of the Qanun-e-Shahadat deal with the burden of proof.<ref>Qanun-e-Shahadat, 1984, §§ 117-129. </ref> In criminal cases the burden lies with prosecution to prove beyond a reasonable doubt that the defendant is guilty of the charged offense. The Supreme Court of Pakistan has stated: “Finding of guilt against an accused cannot be based merely on the high probabilities that may be inferred from evidence in a given case. Finding of guilt should rest surely and firmly on the evidence produced. Mere conjectures and probabilities cannot take the place of proof. Otherwise the golden rule of benefit of doubt will be reduced to naught.”<ref>See Muhammad Luqman (PLD 1970 SC 10)</ref>
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	===v. Procedure with ~~witnesses~~===		===v. Procedure with Witnesses===

	Any police officer making an investigation can, in writing, “require attendance of witnesses” who “from information given or otherwise, appears to be acquainted with the circumstances of the case; and such [witnesses] shall attend as so required.”<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 160.</ref>		Any police officer making an investigation can, in writing, “require attendance of witnesses” who “from information given or otherwise, appears to be acquainted with the circumstances of the case; and such [witnesses] shall attend as so required.”<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 160.</ref>

IBJadmin: /* a. Police Procedures */

2017-07-14T14:21:59Z

a. Police Procedures

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	'''● Searches'''		'''● Searches'''

	Section 165 of CrPC states: “Whenever an officer in charge of a police-station or a police-officer making an investigation has reasonable grounds for believing that anything necessary for the purpose of an investigation into any offence which he is authorized to investigate may be found in any place within the limits of the police-station of which he is incharge, or to which he is attached and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search or cause search to be made, for such thing in any place within the limits of such station.”		Section 165 of CrPC states: “Whenever an officer in charge of a police-station or a police-officer making an investigation has reasonable grounds for believing that anything necessary for the purpose of an investigation into any offence which he is authorized to investigate may be found in any place within the limits of the police-station of which he is incharge, or to which he is attached and that such thing cannot in his opinion be otherwise obtained without undue delay, such officer may, after recording in writing the grounds of his belief and specifying in such writing, so far as possible, the thing for which search is to be made, search or cause search to be made, for such thing in any place within the limits of such station.” <ref>Id. at § 39.</ref>

	~~<ref>Id. at § 39.</ref>~~
	'''● Enforcing the Rules (Exclusionary Rule, Nullity and other procedures to protect against illegal police		'''● Enforcing the Rules (Exclusionary Rule, Nullity and other procedures to protect against illegal police
	procedures)'''		procedures)'''

IBJadmin: /* 2. Pre-trial Procedures */

2017-07-14T14:21:19Z

2. Pre-trial Procedures

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	○ Ratified: 2011		○ Ratified: 2011

	=2. Pre-~~trial~~ Procedures=		=2. Pre-Trial Procedures=

	==a. Police ~~procedures~~==		==a. Police Procedures==

	===i. Complaint/~~information~~===		===i. Complaint/Information===

	All criminal complaints in Pakistan must be made in person at the police station with jurisdiction over the alleged offense.<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 154</ref> An accused is triable and may be “inquired” into in the district where an “act is done or where consequences ensue[].”<ref>Id. at § 179</ref> There are also a number of federal police agencies that have jurisdiction over particularized types of federal crimes.		All criminal complaints in Pakistan must be made in person at the police station with jurisdiction over the alleged offense.<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 154</ref> An accused is triable and may be “inquired” into in the district where an “act is done or where consequences ensue[].”<ref>Id. at § 179</ref> There are also a number of federal police agencies that have jurisdiction over particularized types of federal crimes.
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	'''● Pre-~~trial detention~~'''		'''● Pre-Trial Detention'''

	Pre-trial detention presumptively should not exceed twenty-four hours. Section 61 of the Code of Criminal Procedure of Pakistan states: “[n]o police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 61.</ref>.”		Pre-trial detention presumptively should not exceed twenty-four hours. Section 61 of the Code of Criminal Procedure of Pakistan states: “[n]o police-officer shall detain in custody a person arrested without warrant for a longer period than under all the circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 61.</ref>.”
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	Neither the Pakistani Law of Evidence, nor the constitution, explicitly provide for the exclusion of improperly obtained evidence. However, some have argued that this right can be read into Pakistani law<ref>See, e.g., Abdul Rafay Siddiqui, The Exclusionary Rule in Law of Evidence, Courting the Law (March 9, 2017), </ref>. The Pakistani Constitution’s Article 14, which provides for the inviolability of the dignity of man, including the privacy of the home, and a prohibition against torture for the purpose of extracting evidence, is substantially similar to the Fourth Amendment to the US Constitution.<ref>Id; Constitution of Pakistan, Art. 14.</ref> Further, sections 38 and 39 of the Qanun-e-Shahdat Order, 1984 (Law of Evidence), prohibit the use of any confessions to police officers or while in the custody of police, against a defendant in court<ref>Qanun-e-Shahadat, 1984, §§ 38, 39. </ref>. Section 38 states: [n]o confession made to a police officer shall be proved<ref>“Proved” is defined as: “[a] fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.” </ref> as against a person accused of any offense<ref>Id. at § 38. </ref>. Similarly, section 39 states: “no confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.” Therefore, there might be an implied exclusionary rule, especially in the context of information extracted through torture while in police custody.		Neither the Pakistani Law of Evidence, nor the constitution, explicitly provide for the exclusion of improperly obtained evidence. However, some have argued that this right can be read into Pakistani law<ref>See, e.g., Abdul Rafay Siddiqui, The Exclusionary Rule in Law of Evidence, Courting the Law (March 9, 2017), </ref>. The Pakistani Constitution’s Article 14, which provides for the inviolability of the dignity of man, including the privacy of the home, and a prohibition against torture for the purpose of extracting evidence, is substantially similar to the Fourth Amendment to the US Constitution.<ref>Id; Constitution of Pakistan, Art. 14.</ref> Further, sections 38 and 39 of the Qanun-e-Shahdat Order, 1984 (Law of Evidence), prohibit the use of any confessions to police officers or while in the custody of police, against a defendant in court<ref>Qanun-e-Shahadat, 1984, §§ 38, 39. </ref>. Section 38 states: [n]o confession made to a police officer shall be proved<ref>“Proved” is defined as: “[a] fact is said to be proved when, after considering the matters before it, the Court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists.” </ref> as against a person accused of any offense<ref>Id. at § 38. </ref>. Similarly, section 39 states: “no confession made by any person whilst he is in the custody of a police-officer, unless it be made in the immediate presence of a Magistrate, shall be proved as against such person.” Therefore, there might be an implied exclusionary rule, especially in the context of information extracted through torture while in police custody.

	===iii. Lineups and ~~other identification procedures~~===		===iii. Lineups and Other Identification Procedures===


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	Section 340 of Cr.P.C. states: “[a]ny person accused of an offence before a Criminal Court or against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader.<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 340.</ref>”		Section 340 of Cr.P.C. states: “[a]ny person accused of an offence before a Criminal Court or against whom proceedings are instituted under this Code in any such Court, may of right be defended by a pleader.<ref>Code of Criminal Procedure of Pakistan, 1898 as amended by Act II of 1997, § 340.</ref>”


	=3. Rights of the accused at all time:=		=3. Rights of the accused at all time:=

IBJadmin: /* d. Sources of defendant’s rights? */

2017-07-14T14:20:03Z

d. Sources of defendant’s rights?

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	More recent numbers show that the numbers of registered attorneys has increased dramatically over the last few years. According to the Supreme Court’s 2016 annual report, there are 4,795 advocates enrolled to practice before the Supreme Court, and 76,855 advocates enrolled to practice at the high court level. There were no recent statistics on the overall number of lawyers in Pakistan but the increase in total number of Supreme Court and High Court level lawyers from 45,660 to around 81,680 in 2016, indicates vast growth in the legal profession<ref>Supreme Court of Pakistan: Annual Report, June 2015-May 2016, http://www.supremecourt.gov.pk/web/user_files/File/SCP_Annual_Report_2015_2016.pdf.</ref>.		More recent numbers show that the numbers of registered attorneys has increased dramatically over the last few years. According to the Supreme Court’s 2016 annual report, there are 4,795 advocates enrolled to practice before the Supreme Court, and 76,855 advocates enrolled to practice at the high court level. There were no recent statistics on the overall number of lawyers in Pakistan but the increase in total number of Supreme Court and High Court level lawyers from 45,660 to around 81,680 in 2016, indicates vast growth in the legal profession<ref>Supreme Court of Pakistan: Annual Report, June 2015-May 2016, http://www.supremecourt.gov.pk/web/user_files/File/SCP_Annual_Report_2015_2016.pdf.</ref>.

	==d. Sources of ~~defendant’s rights?~~==		==d. Sources of Defendant’s Rights==

	===i. National Sources of Defendant’s ~~rights~~===		===i. National Sources of Defendant’s Rights===

	The Constitution of Pakistan, Articles 8 to 28, deal with the fundamental rights of individuals. Article 8 states that any law inconsistent with or in derogation of fundamental rights is to be void. Article 9 guarantees the security of person against deprivations of life or liberty<ref>Constitution of Pakistan, Arts. §§ 8–28, http://www.pakistani.org/pakistan/constitution/part2.ch1.html.</ref>. Article 10 outlines the safeguards against arbitrary arrest and detention including the right to counsel. Article 10A guarantees the right to a fair trial and due process. Article 11 prohibits slavery and forced labour. Article 12 protects against retrospective punishment. Article 13 protects against double jeopardy and self-incrimination. Article 14 guarantees the dignity of man including privacy and prohibition against torture. Article 15 guarantees freedom of movement. Article 16, 17, and 18 provide for free movement, free assembly, and free association respectively. Article 19 guarantees the Freedom of speech and the right to information. Article 20 guarantees religious freedom. Article 23 and 24 guarantee protections for individual property. Article 25 guarantees equality of all citizens before the law. Article 25A guarantees the right to education for all children between the ages of five and sixteen. Article 28 enshrines the right to preservation and promotion of language, script and culture.		The Constitution of Pakistan, Articles 8 to 28, deal with the fundamental rights of individuals. Article 8 states that any law inconsistent with or in derogation of fundamental rights is to be void. Article 9 guarantees the security of person against deprivations of life or liberty<ref>Constitution of Pakistan, Arts. §§ 8–28, http://www.pakistani.org/pakistan/constitution/part2.ch1.html.</ref>. Article 10 outlines the safeguards against arbitrary arrest and detention including the right to counsel. Article 10A guarantees the right to a fair trial and due process. Article 11 prohibits slavery and forced labour. Article 12 protects against retrospective punishment. Article 13 protects against double jeopardy and self-incrimination. Article 14 guarantees the dignity of man including privacy and prohibition against torture. Article 15 guarantees freedom of movement. Article 16, 17, and 18 provide for free movement, free assembly, and free association respectively. Article 19 guarantees the Freedom of speech and the right to information. Article 20 guarantees religious freedom. Article 23 and 24 guarantee protections for individual property. Article 25 guarantees equality of all citizens before the law. Article 25A guarantees the right to education for all children between the ages of five and sixteen. Article 28 enshrines the right to preservation and promotion of language, script and culture.


	===ii. International Sources of ~~defendant’s rights~~===		===ii. International Sources of Defendant’s Rights===

	Pakistan is a States Party to many international conventions and treaties that provide a variety of rights for it’s citizens, including:		Pakistan is a States Party to many international conventions and treaties that provide a variety of rights for it’s citizens, including:
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	○ Signed: 2008		○ Signed: 2008
	○ Ratified: 2011		○ Ratified: 2011


	=2. Pre-trial Procedures=		=2. Pre-trial Procedures=

IBJadmin: /* c. The legal aid situation in the country: */

2017-07-14T14:19:26Z

c. The legal aid situation in the country:

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	In the 1980s, under the reign of military dictator Muhammad Zia-ul-Haq, elements of Sharia law were incorporated into Pakistani law. This also led to the creation of the Federal Shariat Court (“FSC”).		In the 1980s, under the reign of military dictator Muhammad Zia-ul-Haq, elements of Sharia law were incorporated into Pakistani law. This also led to the creation of the Federal Shariat Court (“FSC”).

	==c. The ~~legal aid situation in the country~~:==		==c. The Legal Aid Situation:==

	===i. State Sponsored ~~legal aid~~===		===i. State Sponsored Legal Aid===

	The Constitution states that “[t]he State shall ensure inexpensive and expeditious Justice.”<ref>Constitution of Pakistan, Art. 37(d).</ref>		The Constitution states that “[t]he State shall ensure inexpensive and expeditious Justice.”<ref>Constitution of Pakistan, Art. 37(d).</ref>
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	Availability and utilization of free legal aid also varies widely by province. In Punjab, only 3% of litigants reported receiving free legal aid. In Sindh and Balochistan, 25% and 16% of litigants respectively reportedly had access to pro-bono legal aid. In Khyber-Pakhtunkhwa, only 5% of litigants had access to free legal aid.		Availability and utilization of free legal aid also varies widely by province. In Punjab, only 3% of litigants reported receiving free legal aid. In Sindh and Balochistan, 25% and 16% of litigants respectively reportedly had access to pro-bono legal aid. In Khyber-Pakhtunkhwa, only 5% of litigants had access to free legal aid.

	===ii. NGOs ~~providing pro bono legal aid~~===		===ii. NGOs Providing Pro Bono Legal Aid===

	There are a number of NGOs providing pro bono legal aid in Pakistan, including:		There are a number of NGOs providing pro bono legal aid in Pakistan, including:
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	===i. Number of ~~lawyers (criminal/civil)~~===		===i. Number of Lawyers ===

	According to a 2010 report, there were an estimated 89,624 lawyers enrolled to practice in different Pakistani courts. Of these, 43,964 were licensed to only practice on the district court level.<ref>Osama Siddique, Pakistan’s Experience With Formal Law: An Alien Justice (2013), https://books.google.com/books?id=OibeAgAAQBAJ&pg=PA27&lpg=PA27&dq=total+number+of+lawyers+in+pakistan&source=bl&ots=tav2f884jp&sig=ECqumEWHrPngj1o8KSQUMYHgXz0&hl=en&sa=X&ved=0ahUKEwjJ2veYqrzTAhUmsFQKHVakCowQ6AEIWzAI#v=onepage&q=total%20number%20of%20lawyers%20in%20pakistan&f=false.</ref>		According to a 2010 report, there were an estimated 89,624 lawyers enrolled to practice in different Pakistani courts. Of these, 43,964 were licensed to only practice on the district court level.<ref>Osama Siddique, Pakistan’s Experience With Formal Law: An Alien Justice (2013), https://books.google.com/books?id=OibeAgAAQBAJ&pg=PA27&lpg=PA27&dq=total+number+of+lawyers+in+pakistan&source=bl&ots=tav2f884jp&sig=ECqumEWHrPngj1o8KSQUMYHgXz0&hl=en&sa=X&ved=0ahUKEwjJ2veYqrzTAhUmsFQKHVakCowQ6AEIWzAI#v=onepage&q=total%20number%20of%20lawyers%20in%20pakistan&f=false.</ref>
	More recent numbers show that the numbers of registered attorneys has increased dramatically over the last few years. According to the Supreme Court’s 2016 annual report, there are 4,795 advocates enrolled to practice before the Supreme Court, and 76,855 advocates enrolled to practice at the high court level. There were no recent statistics on the overall number of lawyers in Pakistan but the increase in total number of Supreme Court and High Court level lawyers from 45,660 to around 81,680 in 2016, indicates vast growth in the legal profession<ref>Supreme Court of Pakistan: Annual Report, June 2015-May 2016, http://www.supremecourt.gov.pk/web/user_files/File/SCP_Annual_Report_2015_2016.pdf.</ref>.		More recent numbers show that the numbers of registered attorneys has increased dramatically over the last few years. According to the Supreme Court’s 2016 annual report, there are 4,795 advocates enrolled to practice before the Supreme Court, and 76,855 advocates enrolled to practice at the high court level. There were no recent statistics on the overall number of lawyers in Pakistan but the increase in total number of Supreme Court and High Court level lawyers from 45,660 to around 81,680 in 2016, indicates vast growth in the legal profession<ref>Supreme Court of Pakistan: Annual Report, June 2015-May 2016, http://www.supremecourt.gov.pk/web/user_files/File/SCP_Annual_Report_2015_2016.pdf.</ref>.


	==d. Sources of defendant’s rights?==		==d. Sources of defendant’s rights?==