EQUALITY OF ARMS IN PAKISTAN’S CRIMINAL JUSTICE SYSTEM: A COMPARATIVE ANALYSIS WITH ICCPR STANDARDS

Abstract

Equality of arms is an essential component of the right to a fair trial, which implies there is a meaningful and effective opportunity for a criminal defendant to present, challenge, and contest evidence and not be put at a “substantial” disadvantage vis-à-vis the prosecution. The present investigation considers equivalence of resources as manifested across Pakistan's system of criminal adjudication, incorporating a comparative review of Constitution Article 10A and ICCPR Article 14. The analysis is based on constitutional and statutory protections, changes to interpretation by the judiciary, access to lawyers, access to evidence, pre-trial detention, length of proceedings, and institutional differences between prosecution and defense. The ICCPR was ratified by Pakistan on 23 June 2010, and Pakistan became a party to Article 10A of the Constitution of Pakistan in 2010, which explicitly guarantees the right to a fair trial. However, there are still many practical issues that need to be addressed. Jurisprudence has been evolving in the courts in favor of the introduction of the principles of a fair trial, which closely mirror the provisions of Article 14, including those of judicial independence, representation, cross-examination, defense evidence and due process. Ensuring legal aid, disclosure of evidence, judicial independence, case management and access to defense investigative and forensic material are crucial to making Pakistani criminal justice closer to ICCPR standards.