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Pakistan

Section 1. Respect for the Integrity of the Person, Including Freedom from:

Trial Procedures

The civil, criminal, and family court systems provide for a fair trial and due process, presumption of innocence, cross-examination, and appeal. The constitution protects defendants from self-incrimination. There are no trials by jury. Although defendants have the right to be present and consult with an attorney, courts must appoint attorneys for indigents only in capital cases. Defendants generally bear the cost of legal representation in lower courts, but a lawyer may be provided at a public expense in appellate courts. Defendants may confront or question prosecution witnesses and present their own witnesses and evidence. Due to the limited number of judges, a heavy backlog of cases, lengthy court procedures, frequent adjournment, and political pressure, cases routinely lasted for years, and defendants made frequent court appearances.

Police lacked training to properly handle child delinquency, and reports found cases of police brutality against juveniles. Many juveniles spent long periods behind bars because they could not afford bail. According to an NGO, juveniles are at risk for sexual and physical assault by police, adults, and other juveniles as soon as they enter the judicial system, including transportation to detention. Juveniles do not have separate facilities from adult detainees.

The law mandates the creation of juvenile courts and “juvenile justice committees,” intended to expedite the administration of justice for minors by resolving cases that involve minor offenses without resorting to formal judicial proceedings. Despite a directive that the government create these courts and committees within three months of the law’s passage in 2019, implementation has been slow. As of October the government had established three child courts in Lahore and three in Khyber Pakhtunkhwa, including one in the former FATA.

The law bans the application of the death penalty for minors, yet courts sentenced convicted children to death under the Antiterrorism Act. Furthermore, lack of reliable documentation made determining the ages of possible minors difficult.

There were instances of lack of transparency in court cases, particularly if the case involved high-profile or sensitive issues, such as blasphemy. NGOs reported the government often located such trials in jails due to concerns for the safety of defendants, lawyers, judges, prosecutors, and witnesses. Although these safety concerns were well founded, NGOs expressed concerns regarding transparency issues.

The Antiterrorism Act allows the government to use special, streamlined antiterrorism courts (ATCs) to try persons charged with terrorist activities and sectarian violence. In other courts, suspects must appear within seven working days of their arrest, but ATCs may extend that period. Human rights activists criticized this parallel system, claiming it was more vulnerable to political manipulation. Authorities continued to expedite high-profile cases by referring them to ATCs, even if they had no connection to terrorism. The frequent use of ATCs for cases not involving terrorism, including for blasphemy or other acts deemed to foment religious hatred, led to significant backlogs, and despite being comparatively faster than the regular court system, ATCs often failed to meet speedy trial standards.

The Federal Shariat Court (FSC) has exclusive appellate jurisdiction over all cases involving the application and interpretation of the Hudood Ordinances, enacted in 1979 by military leader Muhammad Zia-ul-Haq to implement a strict interpretation of Islamic law by punishing extramarital sex, false accusations of extramarital sex, theft, and alcohol consumption. The FSC also has power to revise legislation it deems inconsistent with sharia law. Individuals may appeal FSC decisions to the Shariat Appellate Bench of the Supreme Court. A full bench of the Supreme Court may grant a further appeal.

Civil society groups stated courts often failed to protect the rights of religious minorities against Muslim accusers. While the numerical majority of those imprisoned for blasphemy were Muslim, religious minorities were disproportionately affected, relative to their small percentage of the population. Lower courts often failed to adhere to basic evidentiary standards in blasphemy cases, and most convicted persons spent years in jail before higher courts eventually overturned their convictions or ordered their release.

In some cases police arrested individuals after acts of vigilantism related to blasphemy or religious discrimination. In September police arrested seven persons in cases related to attacks on Hindu temples and properties after a Hindu teacher was accused of blasphemy in Ghotki, Sindh.

Also see the Department of State’s International Religious Freedom Report at https://www.state.gov/religiousfreedomreport.

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The Lessons of 1989: Freedom and Our Future