A COMPARATIVE ANALYSIS ON THE RIGHTS OF THE

ACCUSED IN PAKISTAN AND THE UNITED KINGDOM

By
HUZAIFA AHMAD
Roll No 4775

Thesis submitted in partial fulfillment of

The requirements for the degree of

Bachelor of Laws
(LL.B)

DEPARTMENT OF COLLEGE OF LAW

GOVERNMENT COLLEGE UNIVERSITY, FAISALABAD

2024
2
 DEDICATION
This thesis is dedicated to my parents, family and teachers.
For their endless love, support and encouragement

3
 DECLARATION
The work reported in this thesis was carried out by me under the supervision of Dr.
Fozia Naseem, Assistant Professor, Department of College of Law, Government College
University Faisalabad, Pakistan.
I hereby declare that the title of thesis “A COMPARATIVE ANALYSIS ON THE
RIGHTS OF THE ACCUSED IN PAKISTAN AND THE UNITED KINGDOM” and the
contents of thesis are the product of my own research, and no part has been copied from any
published source (except the references, standard of genetic models / protocols etc). I further
declare that this work has not been submitted for award of any other degree/diploma. The
University may take action if the information provided is found inaccurate at any stage.

___________________
Huzaifa Ahmad
Roll No 4775

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 CERTIFICATE BY THE RESEARCH SUPERVISORY
COMMITTEE
It is certified that the contents and form of thesis submitted by Huzaifa Ahmad, Registration No.

Roll No 4775 has been found satisfactory and in accordance with the prescribed format. We
recommend it to be processed for the evaluation by the External Examiner for the award of
degree.

Name:…………………………………….

Signature of Supervisor ………………….

Designation with stamp…………………..

Member of Supervisory Committee

Name:…………………………………….

Signature…………………………………

Designation with stamp………………….

Member of Supervisory Committee

Name:…………………………………….

Signature…………………………………

Designation with stamp…………………

Chairperson

Signature with stamp…………………..

Dean / Academic Coordinator

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Signature with stamp…………………..

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 TABLE OF CONTENTS

Titles Page No.

1 ‫ِبْس ِم ِهللا الَّر ْح ٰم ِن الَّر ِحْي ِم‬ 2

2 DEDICATION 3

3 AUTHOR’S DECLARATION 4

4 CERTIFICATE 5

5 ACKNOWLEDGEMENT 6

6 TABLE OF CONTENT 7

7 ABSTRACT 8

8 INTRODUCTION 9

9 REVIEW OF LITERATURE 14

10 METHDOLOGY 36

11 RESULT AND ANALYSIS 37

12 DISSCUSSION 65

13 SUMMARY 69

14 REFRENCES 70

ABSTRACT
7
In Islamic civilization, defendants are granted equal status and rights, but sadly, in Pakistan,
defendants are not given equal and legitimate rights. This study has led to a greater
understanding of the reality that under the Islamic State of Pakistan, defendants are still deprived
of their basic and essential rights. A major concern in this regard is the rights of the accused
under Article 10 A of the Constitution of Pakistan. Authorities everywhere violated the rights of
the accused. The study covers historical data of defendants in the Pakistani subcontinent and the
United Kingdom. The effectiveness of the solutions is depending on the quality of the tests. In
this regard, the role of courts, prosecutors, attorneys in the administration of justice is highly
significant, as well as a society that respects the rule of law. Everyone has the right to a fair trial
in all instances. Justice is not just a right, it is a set of rights. A free, independent, capable,
impartial judicial system is vital to guarantee the rights available to any defendant in court. This
study opens way for trial to discuss the rights of the accused as stipulated by international law
and legal systems of Pakistan and the United Kingdom. The study outlines justice and associated
rights in light of several international agreements. In addition, it calls for any inadequacies in the
legal systems of Pakistan and the United Kingdom pertaining to the rights of the accused to be
rectified. To summarize the study, theoretical and comparative techniques were utilised.

Keywords: Accused Rights, Accused in Pakistan, Defendant in Islamic Society, Accused Laws,
Defendant in the United Kingdom.

Chapter- 1

8
 INTRODUCTION
The Islamic Republic of Pakistan's Constitution, which was established in 1973, has a tenth
article. A person has the right to a fair trial and lawful prosecution in order to determine his civil
rights and obligations, as well as to determine whether or not he is guilty of any criminal
accusations. Both the Constitution of Pakistan and the Constitution of the United Kingdom
recognise and uphold the importance of providing protection for the rights of those who have
been accused of a crime. It is very obvious that Islam is a religion dedicated to the defence and
advancement of human rights because this is how Islamic lifestyle is practised. It is essential to
provide one another respect, decency, equality, and significance. The religion of Islam even
proclaims that humans, domestic animals, and wild animals all have rights. The accused are
afforded a variety of fundamental rights under the umbrella of the Islamic system of criminal
justice. Under Islamic law, the accused was assumed innocent unless their guilt could be
established beyond a reasonable doubt. In addition, the convicted individuals were given a
variety of promises that the Islamic system of criminal justice would continue to provide aid to
them on a consistent basis while they were incarcerated and during the post-trial proceedings.
This list of rights includes the following items: 1) the right of everyone to protect their freedom
and property; 2) the right to appropriate proceedings; 3) the right to a fair and open trial before a
judge; 4) the confrontation of defendants and witnesses and interrogation against them; 5) release
from involuntary growth; 6) protection from unjustified arrest and detention; 7) the right to
appeal a court decision; and 8) the right to appeal. The right of everyone to protect their freedom
and property; If the situation does not call for the rule of law, Islamic criminal law ensures that
the accused will not be charged under the rule of law at all, even if the situation calls for it. The
court is not allowed to treat the accused unfairly or make him feel uncomfortable while they are
investigating the actions of the accused. In Pakistan, the rights of defendants have been
consistently infringed, and defendants have encountered a number of challenges while in the
custody of the police, being detained by the police, and being investigated by the police. Those
who have been found guilty of breaking the law in Pakistan are subject to a distinct legal
procedure that is outlined in the country's penal code. Articles 68–74 of the CPC provide more
in-depth information on coercion, which includes the ability to have the accused brought before
the court. The authority that is delegated to a police officer is not unrestricted and unbounded;

9
rather, it is subject to a variety of constraints and boundaries. Measures of restraint were
implemented so that the interests of convicted criminals might be protected. In Pakistan, the
health of criminal suspects is not protected by the government in any way that is considered
appropriate. The vast majority of them developed cancer, AIDS, and hepatitis while they were
held captive. The Supreme Court discovered a few months ago that there were a total of 80,145
couples held in 98 different prisons across the provinces of Punjab, Sindh, the CPC, and
Balochistan. This is in comparison to the maximum number of couples that the country is
permitted to hold, which is 56,495. It should not come as a surprise that this limit is set at forty
percent given the high incidence of inmates suffering from many diseases at the same time.
Because the accused is treated as a favoured child by the legal system, he is accorded certain
rights, such as the following: 1) the right to bail; 2) the right to a fair trial in accordance with 10
A; 3) the right to present evidence; 4) the right to leave a lawyer; 5) the right to protection; 6) the
right to become familiar with court cases; 7) the right to receive copies before the trial; 8) the
right of redemption in the presence of 249A; and a wrongdoing that has been investigated by an
impartial court. At the very least on paper, every legal system ensures that those who are accused
are protected in some of their most fundamental rights. Jurors will continue to have the right to
be convicted, at least in the case of being convicted of a significant crime, so long as they do not
surrender their right to submit witnesses and evidence that will allow them to defend their
innocence and challenge prosecutors during the trial. In the British Constitution, many common
rights are either established or codified; nevertheless, only a select few of these rights are
officially protected. The accused person should not be held in jail for an endless amount of time;
rather, he should be tried and sentenced right away. These rights include the ability to post bail in
an amount that is fair to the defendant as well as limitations on indefinite, long-term
incarceration without charge.
Rights of the Accused
Your legal entitlement to custody You are entitled to an explanation of your rights from the
police officer who held you at the station. You are entitled to the following: No charge for legal
advice Discuss your rights, such as being allowed to take frequent breaks for eating and using the
restroom (you have the option of requesting a message in your native language), or an interpreter

10
will explain the rights to you. During the time that you are in police custody, you will be
searched, and the officer in charge of your detention will keep your personal things.
People under the age of 18 and adults who are vulnerable
If you are under the age of eighteen or an adult who is particularly vulnerable, the police should
contact your parents, guardians, or employer to ask for assistance. Additionally, they should
report themselves to the police station in order to assist you in finding a "innocent adult" to
question and check for evidence with. An adult who works in social services, has another family
member or friend above the age of 18, or is a volunteer over the age of 18 could be considered an
innocent adult. During the course of the interrogation, you are protected by a number of rights.
It's possible that a police officer will approach you and question you about the crime. You are
under no obligation to provide responses to the questions, but the conclusion must be reached in
the event that you do not. As you read through the police report, the officers on duty should walk
you through what they are looking for and pointing out: "You don't need to be questioned about
anything, in my opinion. On the other hand, if you are unable to voice your opinions in court,
whatever actions you take could be used as evidence against you." Although every defendant has
a responsibility to stress the significance of their right to remain silent, some defendants may
wish to discuss a portion of their experience. The penalty is typically harsh and illegal, at least in
cases where the defendant does not have access to legal representation throughout the proceeding
that led to the sentencing. t in a manner that is consistent with the authority that will be
evaluating the application while it is being investigated or prosecuted. Any claim that evidence
was not received must be backed up by evidence. The right to freely express one's opinion
includes the freedom to dispute the activities of judicial bodies, law enforcement agencies, and
other governmental institutions, among other things. If the accused person considers that his
rights have been violated, he should be provided with a sufficient number of opportunities to
formally lodge a complaint. If it is determined that the offence was not justified, then it is
necessary to repair it in line with the law. The administration of justice was slowed down as a
result of the pace of justice. This expression is appropriate in a variety of legal problems;
nonetheless, it is intricately connected to the larger legal procedure as a whole. While serving
time behind bars, the convicted person is saddled with a significant amount of responsibility.
Any qualified legal representative can attest to the detrimental effects that protracted uncertainty

11
has on clients over the course of months or years. The defendant is going to lose his job, his
marriage is going to dissolve, and his business is either going to fail or file for bankruptcy as
they wait for the long-awaited trial to be done. There are a lot of people out there who struggle
with depression or one of the other mood disorders. In this instance, even the charge itself might
be considered a success. Worst of all, the findings are used by prosecutors to negotiate a plea
deal with the defendant. They were aware that many people would not be able to survive the first
few months of detention or that their businesses would not survive the ongoing trials, so they
took steps to prevent the use of "partner monitoring" assets against them. This was done in
recognition of the fact that many people would not be able to survive the first few months of
detention. In this particular instance, the defendant seems to be taking the opportunity to enter a
guilty plea in a quick manner rather than being given the freedom to select. Because engaging in
such activities can give the impression of exerting pressure, the prosecution of prosecutors ought
to be carried out in a manner that leaves no room for interpretation.
1.1 Problem statement
The state is responsible for ensuring that the process moves forward in a timely manner and that
there are no unnecessary holdups in the schedule. We are all in agreement that the importance of
justice does not correspond with the cost of reducing efficiency, which requires sufficient
financial and human resources for the proper functioning of human rights organisations. This is
something that we can all agree on. Despite the fact that there are no holdups in the shipment of
the goods, it is essential to have adequate compensation mechanisms in place. Proceedings in a
criminal court should never be used as a substitute for other types of punishment.
1.2 Rationale
It includes a comprehensive review of the rights granted to defendants under the Constitution of
Pakistan and the criminal justice system, as well as a theoretical and practical critical
examination of the scope and application of those rights, given the current circumstances under
the Constitution of the United Kingdom. The researcher's objective is to conduct an in-depth
analysis of the history of the accused in the subcontinent, with a special focus on Pakistan, as
well as the status of the accused in Islamic culture and Western thought, and the status of the
accused in terms of Islamic law. Legislators will find this information helpful as they pursue
measures to amend existing legislation.

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1.3 Research Questions
 If the rights are constitutionally protected, are they accused?
 How to solve the problem of space in prison?
 How to maintain the quality of food and ensure their health?
 Can an accused be convicted twice for the same crime?
 What are the rights of the accused before the registration of the FIR?
1.4 Objectives of study
 To determine the rights of accused in Pakistan and UK.
 To identify the comparison among both countries.
 To explore the ways and strategies both countries used for accused.

13
Chapter- 2

REVIEW OF LITERATURE
Giving persons with legal knowledge and information in order to increase the
number of legal options available to them is often considered to be the most important
component of providing legal assistance. “Those who are economically disadvantaged and
socially marginalised have a hard time comprehending their rights and putting them into
practise. Expanding one's legal options is one of the most essential tools that can be used to
assist with this. There is a significant potential for women, members of indigenous tribes,
and members of other minority groups to benefit significantly.
The results of the survey made it abundantly clear that the legislative process in the
jurisdictions that were investigated was open and transparent (with 78 percent of
respondents agreeing or fully agreeing), and that the law was accessible to the general
public. This was demonstrated by the fact that 100% of respondents either agreed or fully
agreed with this statement (with 87 percent agreeing or fully agreeing). On the other hand,
respondents from the countries of Belgium, Singapore, Nigeria, Pakistan, and Malawi are
adamantly opposed to the concept of making the legislative process open and transparent in
their respective jurisdictions. These countries are: According to the legislation and
government data that were released in the World Justice Project's Rule of Law Index (WJP
Index) in 2015, the claims of the last three countries are supported by the fact that they are
ranked among the lowest 15 nations in the index. On the other hand, Belgium and
Singapore do significantly better (maximum 1.0 to 0, respectively), and 0.68 points; this is
New Zealand's highest score; 0.8).
A slightly smaller majority of respondents (68 percent) were in complete agreement
that individuals or groups from civil society had an essential opportunity to express their
views in the process of lawmaking. This was viewed as an essential part of the democratic
process. Notable aspects include responses to surveys from Nigeria and Singapore, despite
the fact that both of these countries are positioned in the middle of the WJP index for civic
involvement. In other words, both of these countries have a high level of civic involvement.
Concerning the equality of laws and the practical application of those laws, thirty-
five out of the forty-five respondents either agreed or fully agreed that the law does not
14
allow official discrimination, and thirty of those individuals confirmed that the laws in their
respective jurisdictions apply and apply equally to all people. The results of this survey can
be broken down into two categories: (1) the equality of laws and (2) the practical
application of laws. On the other hand, the study discovered a number of significant
inconsistencies and drew attention to a number of instances of discriminatory laws
(responses from Pakistan and Singapore) as well as instances of unequal application of the
law. Additionally, the study highlighted a number of instances of unequal application of the
law (responses from Malawi, Nigeria, Pakistan and Singapore).
Those of colour in the United States have a disproportionately higher risk of being
arrested and held in custody for extended periods of time compared to people of other
races. In certain regions of the United States, people of colour make up eight out of every
ten people who are incarcerated in the criminal justice system.
In countries where traditional laws are applied in addition to modern law, acts of
discrimination against women that are prohibited by modern law may still be permissible
under customary law. This is because customary law is based on older legal precedents.
These countries follow both contemporary and ancient legal systems simultaneously. Some
of these weaknesses have been brought to light within the scope of international human
rights monitoring procedures such as the Universal Periodic Review (UPR), which has led
to constitutional revision as a result of these mechanisms.”
Article 18 of the Constitution of Lesotho contains a provision that makes it illegal
for laws to be discriminatory. However, the Constitution does make an exception for
circumstances in which customary law is applied.
In a manner not dissimilar to that described above, the Constitution of Zambia
exempts customary law from the constitutional requirements of equal treatment for women.
This is due to the fact that state courts operating under Zambia's mixed jurisdiction apply
customary law.
According to a recent survey published in The Economist, the legalisation of gay
behaviour can be found in at least 113 countries around the world. Although laws that
overtly discriminate against people who identify as LGBT are increasingly rare,

15
discriminatory behaviours are nonetheless practised in many different jurisdictions,
particularly in wealthy countries. Singapore is a significant exception to this rule.
The Criminal Code of Singapore was last revised in 2007, and one of the
amendments that were made at that time was to remove criminal liability for heterosexual
anal and oral sex. This was one of the changes that were made. Nevertheless, the part of the
law that addresses serious wrongdoing between males who have consented to the
relationship is still in effect. Because of this, having homosexual intercourse with another
male can result in a term of up to two years in prison for each partner. In October 2014, the
case was presented before the Supreme Court of Singapore for the first and only time;
nonetheless, the court upheld the prohibition and dismissed any and all claims that it was in
violation of the constitution.
It is against the law in Jamaica to engage in sexual activity of the same sex with
another adult male who offers their agreement if the legislation against sodomy is upheld.
As a penalty for this offence, the offender faces a possible maximum of ten years in prison
and a term of ten years of hard labour. In 1864, the year that Jamaica was officially
incorporated into the United Kingdom, these laws were passed on the island. According to
the Sexual Offenses Act of 2009, which was enacted in 2009, men who have been
convicted of a crime are required to register as sexual offenders. In Jamaica, having a
relationship with another woman of the same gender does not result in the filing of any
criminal charges against either individual involved.
Because Malaysia has laws that discriminate against transgender people, engaging
in activities such as cross-dressing or "male posing as women" is considered a criminal
offence in Malaysia. The Putrajaya Court of Appeals reached the decision in November
2014 that the legislation in question violated a number of fundamental rights, one of which
was the right to freedom of expression. Among the other fundamental rights that were
violated was the right to freedom of expression. Nevertheless, the laws are carried out in
full force throughout the remaining states and territories that fall under the purview of the
federal government.
More than seventy-five percent of respondents said that average citizens have either
a simple grasp (51 percent) or very little comprehension of the powers and tasks of

16
governmental institutions that deal with the individual legal rights and justice of the general
population. This percentage is higher than the percentage that answered that average
citizens have no comprehension of these powers and tasks. alternatively they might not
have a good understanding of their legal rights within the context of the criminal justice
system (24 percent ). The responses were fairly similar to one another in terms of the
degree of grasp of the authorities and functions of public officials, police, and courts, as
well as informal justice institutions and alternative dispute resolution alternatives.
“The findings of the survey indicate that one of the characteristics that has a
particularly negative effect on the awareness of legal rights is a low level of literacy and
language abilities. This is one of the characteristics that was listed. The questions and the
responses to them show that illiteracy and low levels of education have an effect on
defendants' and victims' awareness of their legal rights in general, and that inadequate
language abilities undermine the legal consciousness of stateless persons. In addition, the
questions show that the responses to them demonstrate that inadequate language abilities
undermine the legal consciousness of stateless persons. The latter suffers from other
factors, such as a lack of public resources and the willingness to provide them with
adequate legal information, in addition to a lack of awareness of legal rights that are, in
fact, discriminatory. Moreover, there is a lack of awareness of legal rights that are
discriminatory. Other relevant factors are as follows: As an illustration, a respondent from
Poland stated that he was unaware of the legal rights of asylum seekers and that the
situation was further exacerbated by a lack of funding and a de facto encouraging attitude
on the part of the authorities. In addition, the respondent from Poland stated that he was
unaware of the legal rights of asylum seekers. The respondent from Poland further
indicated that he was ignorant of the legal rights that are granted to asylum seekers.
The failure of the government and local communities to effectively address social
issues is reflected in the lack of criminal prosecution and/or the outlawing of specific forms
of violence. This failure is a reflection of the failure of the government and local
communities to effectively address social issues. By making the behaviour in issue a crime,
a powerful message is sent that it should not be done since this sends the message that it is
unacceptable. On the other hand, it's possible that only applying criminal law won't be

17
enough to fully handle the issue on its own. In addition, the lack of legislation may be
construed as an unspoken approval or tolerance of bigotry, prejudice, and impunity. This
may be the case if the absence of legislation is taken seriously. Actions of violence against
women and acts of hatred against women are two examples of specific crimes that have
been criminalised and made into examples of specific crimes.
Assigning specific criminal liability as a means of putting an end to the behaviours
in question serves as an illustrative case study that demonstrates both the benefits and the
limitations of assigning specific criminal liability in the context of violence against women,
particularly that which occurs in the home. The results of the survey showed that a sizeable
proportion of jurisdictions impose separate and more severe punishments for acts of
violence against women (24 out of 39 responses) and domestic violence (21 out of 39
responses), as well as a sizeable proportion of jurisdictions in which these behaviours are
not punishable in isolation from one another. The findings of the survey were compiled into
a report that was distributed to the jurisdictions that participated in the survey. crimes. A
recent study that was carried out by the World Bank discovered that 127 of the 173 nations
that were evaluated have legislation pertaining to domestic abuse, 118 of which have been
put into place since the year 1990. The majority of these laws were enacted after the year
1990. On the other hand, the criminal justice system is only one piece of the puzzle when it
comes to finding a solution to the issue of domestic violence. Both those who engage in
acts of domestic violence and those who are the victims of such actions require additional
support above and beyond what is offered by the criminal justice system. This can be seen
in a variety of ways in the available mechanisms of criminal and civil justice, as well as in
social, medical, and educational services that go beyond legal solutions. In addition, this
can be seen in the fact that there are more people seeking legal solutions than ever before.
The United Kingdom, which is comprised of three different jurisdictions (England
and Wales, Scotland, and Northern Ireland), was recently assessed by the UN Special
Rapporteur on Violence against Women, who found that the country did a good job of
summarising the issues.

18
 A criminal act is neither effective nor sufficient if it does not take into account the
fundamental causes of the violence or if there is no structure to support the rule of law.
Both of these factors are necessary for an effective and sufficient criminal act”.
The Criminal Code of Kyrgyzstan was amended in 2012 to classify torture as a
felony or a severe felony. This change removes any possibility of criminals escaping
punishment on the condition that they make amends with the victim. On the other hand,
police enforcement agencies frequently engage in the practise of torture, and there is a
pervasive culture of impunity. How is it that this is even possible? The quota system that
law enforcement officials work under provides an explanation for this practise that has
been seen. They are graded and evaluated based on the number of crimes that were
successfully identified, which encourages the use of torture for the purpose of obtaining
confessions. The origin of the problem: torture in Kyrgyzstan (OSF 2015).
“Understanding how different cultural contexts allow for and perpetuate
discrimination and violence against women requires addressing the issue of violence
against women in cultural and religious contexts. This is an essential step toward this
understanding. On the other hand, in light of what the Special Rapporteur has stated, it is
very essential that any such investigation does not take place in the context of a procedure
that stigmatises particular communities.
In point of fact, the representation of particular groups in the media as perpetrators
of particular types of crimes may be indicative of a stigmatisation process that, in the end,
results in unequal application of the law. This is a problem because stigmatisation can lead
to unequal application of laws. The results of the poll that are reported in the media
typically involve subjects like homicide, kidnapping, robbery, sexual offences, physical
violence, threats of violence, hate crimes, and street crimes. [Case in point:] (including
theft, property damage and antisocial behavior).
The second area that raises significant concerns about the overcriminalization of
behaviour is that of acts motivated by hatred. The term "hate crime" refers to a category of
violent crimes in which the offender targets the victim on the basis of the victim's
affiliation to a particular social group, such as the victim's ethnicity, gender, disability,
language, nationality, appearance, or sexual orientation. Hate crimes can also be motivated

19
by the offender's bias against a particular group of people. Crimes motivated by hatred can
also be defined as those that are perpetrated because of a person's religious beliefs or sexual
orientation. According to the responses, ten of the jurisdictions, which is around forty
percent, got particular and more severe sanctions for hate crimes; nevertheless, these
penalties could not be separated down into the categories that were employed (race, etc.).
Political debates and academic literature on the subject highlight the breadth of problems,
the complexity of the issues, and the different legal approaches to resolving the crime of
hatred.
On the one hand, the foundation for the justification of more harsh sanctions is
provided by the idea that crimes motivated by hatred are more likely to occur. Damage
done to the individual as well as to society, including but not limited to assault on the
person, degradation of the population, deprivation of humanity, and weakening of the rights
of one set of individuals within the population. On the other hand, the development of
explicit regulations on the crimes of hatred has been criticised for being in direct opposition
to the rights to freedom of speech and to personal autonomy. This has led to the
condemnation of the development of such regulations.
According to studies conducted by the police in England and Wales, 28.3 percent of
women have been the victims of some sort of domestic abuse after the age of 16, and 8.5
percent of women have reported having experienced it in the past year. The United
Kingdom is still struggling with a significant problem associated with domestic abuse. In
addition, when compared to the average for the European Union, the United Kingdom has a
significantly higher rate of both total violence and domestic violence.
The issue of violence against women is addressed in a number of legal documents,
including the Law on Equality of 2010, the Law on Crimes and Victims of Domestic
Violence of 2004, the Law on Sexual Offenses of 2003, the Law on Police and Law on
Crime, the 2010 Law on Crime and Security, the Law on Forced Marriage (Civil
Protection) Act of 2007, the Law on Injury to Female Genitals Act of 2003, and the
Persecution Protection Act of 1997. These laws were enacted in an effort to These laws are
just few of the many that exist. Additionally, the year 2002 marked the beginning of the
implementation of legislation regarding immigration and domestic abuse. As a result of the

20
recent outlawing of forced marriages, which is a potentially harmful practise, new charges
have just been added to the list of possible punishments. National Statistics Office of the
United Kingdom, 2013–2014; Report of the Special Rapporteur on Violence Against
Women, 2015; Agency for Basic Rights Law on Anti-Social Behavior, Crime, and Police
Act of 2014 is the source of this information (2014).”
“As a direct result of the economic crisis as well as the increased immigration flows
that have followed the armed conflicts that have taken place in Africa and the Middle East,
a surge of violence has been directed toward asylum seekers, immigrants, and ethnic
minorities in several European countries. This has led to an increase in the number of
people who have been injured or killed. However, due to the presence of agreements in a
certain number of EU member states, it is impossible to collect meaningful data regarding
acts of racial violence. This is the case because of the EU's open data policy.
In addition to the United Kingdom, the existence of other EU countries such as
Finland, the Netherlands, and Sweden is a positive element for the entry placement of
complete systems. Other member states only have limited recording processes, whereas ten
other member states, including Austria, Belgium, the Czech Republic, Denmark, France,
Germany, Lithuania, Poland, and Slovakia, have effective data collection mechanisms.
Other member states only have limited recording processes. Slovakia and Spain are also
member states of the European Union.
Access to free legal advice, assistance, and representation for an unfavourable
accused person at various stages of the criminal process (arrested, convicted, or detained) is
a prerequisite for the exercise of other rights and a key element of a functioning, fair, and
trusted offender system. This includes access to legal advice, assistance, and representation
from an attorney. This right is applicable throughout the entirety of the judicial procedure.
the preeminence of prevailing legal standards. It is possible for the current system of legal
aid to shorten the amount of time suspects are held in police stations and pre-trial detention
facilities, alleviate overcrowding, and reduce the amount of congestion in the court system.
As a result, the likelihood that the suspect will engage in criminal behaviour once more will
be reduced.

21
 The findings of the survey revealed that you are correct, most importantly with
regard to the provision of legal assistance in the jurisdictions that are governed by the
constitution, which is also referred to as law. This is in line with one of the principles
upheld by the United Nations, which is referred to as Access to Legal Aid: "The right to
legal assistance in cases pertaining to a state's domestic law, including matters pertaining to
the constitution, must be guaranteed by the state." The results of the poll indicate that
defendants and/or persons, even in the event that they have financial constraints, are able to
conveniently access legal counsel”.
People who have been convicted of a crime that is punishable by imprisonment or
the death penalty (if necessary), but who were typically detained by the police, arrested, or
imprisoned for other reasons, have a significantly more difficult time gaining access. This
is because people who have been convicted of a crime that is punishable by imprisonment
or the death penalty (if necessary) have a significantly more difficult time gaining access.
On the other hand, the responses gave the impression that the court has the authority to
decide whether or not to provide free legal assistance in accordance with the access to legal
aid standards set by the United Nations (even).
If it is in the best interests of justice to do so due to the gravity of the situation, the
immediacy of the situation, or the complexity of the matter, then the economic limit is not
adhered to.
The United Nations Charter lays a significant amount of stress on the responsibility
of states to ensure the existence of comprehensive legal assistance systems and to ensure
that these systems are accessible, efficient, sustainable, and reliable. They are necessary for
the plan to go into effect.
In the case number 1542 of Salduz versus Turkey, which was heard by the
European Court of Human Rights in 2008, the court determined that people who are
detained in police stations have the constitutional right to confer with an attorney. When a
person refuses to acquire legal representation throughout the course of police interrogation,
this constitutes a violation of the fundamental right to a fair trial.”
In light of this ruling and in accordance with the case law of the CCP, a number of
European nations, such as France, the Netherlands, Scotland, and Belgium, have revised

22
their own judicial systems in order to bring them into conformity with the judgement. This
was done in order to bring these nations' judicial systems into line with the case law of the
CCP.
Some of the various models of legal aid that are utilised in various jurisdictions
include public defenders, private attorneys, contract attorneys, pro-bono schemes, bar
associations, and bar associations. Other models include public defenders, private
attorneys, contract attorneys, and pro-bono schemes. Other models consist of attorneys who
handle contracts.
Although lawyers are the primary providers of legal aid, delivery schemes are
frequently diversified, and a wide variety of stakeholders seek to complement the efforts of
the government under various schemes even though they lack the resources, capabilities, or
will to provide effective legal assistance. Although lawyers are the primary providers of
legal aid, delivery schemes are frequently diversified.
In addition to the provision of legal advice, the examination of the effectiveness of
practise will constitute the primary focus of attention.
In spite of the fact that the law guarantees the right to legal representation, the
accused do not have access to information about the availability of such representation in a
manner that is either formally documented, written, or otherwise suitable to their
requirements. This is a troubling issue that was brought to light by the questionnaires. This
directly contributes to the fact that there is no actual access to legal aid in any kind.
Due to the considerable amount of diversity that occurs between national budgets
for legal aid, it is extremely challenging to estimate the costs associated with providing
legal assistance on a per capita or per capita basis. Some of the factors that could explain
the differences include variations in the accessibility and reliability of legal aid, the types of
legal services that are offered, the procedural differences that exist between the various
types of justice systems (such as inquisitor versus dispute), and the frequency with which
individuals make use of alternative forms of conflict resolution (ADR).
“Denmark, Finland, Iceland, Ireland, Ireland, the Netherlands, Norway, Sweden,
Switzerland, and the United Kingdom are the countries that are members of the Council of
Europe (CoE) that have the highest legal aid spending per person (11 to 53 euros per

23
capita). Certain nations in southern Europe, such as Greece, Malta, and Spain, as well as
other nations in Central and Eastern Europe, such as Albania, Croatia, Azerbaijan, and
Azerbaijan, who did not have such systems before to entering the EU, have quite a low
degree of support for the initiative (less than 1 euro per capita). Hungary, the nations that
were originally a part of Yugoslavia, the Republic of Macedonia, Georgia, the Slovakia, the
Republic of Moldova, Romania, Latvia, Poland, and Bulgaria) are the members of the
European Union.
The European Commission for the Efficiency of Justice was the source of the
material that was used to compile this article (2014).
According to the United Nations Office on Drugs and Crime (UNODC), there are
five distinct types of legally related models that may be found throughout Africa:
Public defenders are attorneys who are employed by the state and compensated by it
in order to fulfil the aim of providing legal assistance.”
The judicial process consists of private attorneys negotiating and entering into
agreements with the government on behalf of accused parties in exchange for a fee that has
been previously determined. These agreements allow the parties' interests to be protected.
Through the use of contracts, the government will engage in price negotiations for
legal services that will be given by an individual attorney, a group of attorneys, or a non-
governmental organisation.
Individuals with modest incomes can obtain guidance and assistance in a variety of
legal concerns from a wide range of private service providers in addition to the public legal
services that are available to them.
By utilising combination delivery, the state carries out a number of different service
delivery models than it would otherwise.
The Legal Aid Systems in Africa report published by PASI is the origin of this
information (UNODC 2011).
It is a common practise in Western countries to enter into contracts with private
legal aid providers in order to supplement the provision of national legal aid services. This
is done in order to ensure that individuals have access to adequate legal representation. This
custom is becoming increasingly widespread across Africa.

24
 According to the World Justice Project's Rule of Law Index 2013/2014, the lack of
lawyers available to protect poor clients is one of the most difficult issues in the
development of the official justice system in Malawi. This is one of the most difficult
issues in the development of the official justice system in Malawi. This is one of the most
challenging problems that has arisen during the process of establishing an official legal
system in Malawi.
According to the provisions of the Legal Aid Act of 2010, which was enacted in
Malawi in the same year, the Department of Legal Aid in Malawi, which is currently a
division of the Ministry of Justice, is scheduled to be converted into an independent legal
aid bureau. This is in accordance with the fact that the Legal Aid Act of 2010 was passed in
Malawi in the same year. Although the bureau has been struggling with a lack of resources
ever since it only began operating in 2015, it is currently in the process of collaborating
with various stakeholders in an effort to increase accessibility to the legal system. This is
being done in an effort to increase accessibility to the legal system. This includes
collaborating with the Irish Rule of Law Program to improve community representation in
criminal proceedings and to further educate community members about criminal law by
organising community meetings. These goals will be accomplished by improving
community representation in criminal proceedings. In addition, the Ministry of Justice has
made an agreement with local attorneys to collaborate on the delivery of legal assistance in
police stations, courtrooms, and detention facilities so as to better serve the public.
“In addition, a non-profit organisation in Malawi known as Citizens for Justice
(CFJ) is in the process of putting a project into action that will involve camp trials. The
objective of this project is to provide pre-trial inmates with access to justice, and the project
is currently in the implementation phase. The accomplishment of this goal is contingent on
the cooperation of a number of significant organisations, the most important of which are
the Association of Women Judges of Malawi (WOJAM), the Malawi Judicial System, the
Institute of Parallel Counseling Services (PASI), the Malawi Police Service, the Malawi
Prison Service, and the Association of Women Lawyers (WLA). The fact that the trial is
being held in a camp means that it will continue as scheduled even if neither the public nor

25
the witnesses are present. The participants in the trial will include the judge, the clerk, the
public servant, the prosecutor, the lawyer, and the accused person.
For instance, a respondent from Malawi stated that a person who had been
sentenced to death was not allowed to meet with the appointed lawyer prior to the
beginning of the trial. This was mentioned by the respondent. Even while the law dictates
that police must tell suspects of their right to legal representation, according to one
respondent from Ghana, in practise, this is not always done even though the law requires it
to be done. Even though the material is presented in written form as part of the formal
process, it is possible that it will not be effective because (according to the respondent from
Lesotho) the majority of the accused do not have literacy skills. Even though the material is
presented in written form as part of the formal process. Studies that were carried out in
various nations came to the conclusion that there is a connection between antisocial
behaviour and the difficulties of receiving an education. According to the findings of these
research, illiteracy limits the amount of options available to an individual throughout their
lifetime, including work prospects, and is thus linked to an increased chance of engaging in
criminal action. The results of a study that was carried out in Irish jails in the year 2003
indicated a substantial association between low levels of literacy with specific types of
crime, but not with others. Literacy issues were shown to be more prevalent among
offenders who committed violent and property crimes, but literacy levels were found to be
greater among offenders who committed sexual offences.
The provision of legal assistance was reported to be frequently delayed by
respondents from Canada, the United Kingdom (England and Wales), Ghana, Japan,
Lesotho, Latvia, Malawi, Pakistan, Singapore, Uganda, and the United States of America.
Respondents from Ghana, Japan, Lesotho, Latvia, Malawi, and Uganda also reported this.
According to the comments that were obtained from Canada, Malawi, and Pakistan, they
frequently denied to accept legal aid.”
The findings of the study also revealed that the factors have a detrimental effect on
particular capabilities that a group of alleged offenders possess in order to be legally
obtained. This was shown to be the case by the researchers.

26
 Stateless individuals, members of minority groups, and/or indigenous peoples make
up the vast bulk of those whose lives are altered as a result of this event. People who live in
rural areas are more likely to be affected by the uneven distribution of legal services, and
regulations that are discriminatory can make it more difficult for certain groups, especially
women, to receive legal assistance. This is especially the case in circumstances in which
there is an imbalance in the geographical distribution of legal services. According to the
results of the poll, it is still possible to gain access to standard forms of free legal advice,
assistance, and representation.
It is also essential to note that in cases involving domestic violence, defendants who
are members of particular indigenous peoples may require assistance, such as cultural or
linguistic support. However, special services may not be able to assist the victim because of
the possibility of a conflict of interest on the part of the service. It is important to note that
this circumstance. It is possible that this will leave a very substantial gap in the essential
and appropriate maintenance.
In the year 2003, the Open Society Justice Initiative launched a pilot project for
public defenders in Bulgaria with the intention of realising the goals of excellence and
equality in legal representation throughout the nation of Bulgaria.
Before the beginning of this initiative, the responsibility of handling cases requiring
legal aid was commonly delegated to attorneys who had no prior experience working in the
field of providing active criminal defence representation. In order to improve the quality
and quantity of written papers, as well as the general level of representation for people with
modest incomes, a programme of trainings and seminars for lawyers was made available.
The project also aims to develop case management standards by recording information on
current activities and establishing a system for evaluating the performance of lawyers and
cases. This will be accomplished by establishing a system for evaluating the performance
of lawyers and cases. In order to reach this goal, a system for evaluating the success of both
cases and attorneys will need to be established.
It was deliberate that the workforce be comprised of relatively inexperienced
lawyers since it was hoped that they will be more open to change and will have a better
understanding of how to use computers.

27
 This material comes from Kranev's article "Unsatisfied Needs: Legal Assistance in
Bulgaria," which may be found here (2004).
The ethnic Uzbeks of Tajikistan make up the largest minority in the country,
accounting for approximately 15 percent of the total population. Despite this, ethnic
Uzbeks are frequently disregarded and subjected to discrimination. All residents are
required to speak Tajik in accordance with the Law on the State Language that was
approved in 2009, which implies that if they do not know Tajik, they could be penalised for
their lack of knowledge of the language.
In point of fact, the majority of people who are affected by this are Uzbek
minorities, and Uzbek women in particular. Applications submitted by citizens written in
Russian, together with documents written in Kyrgyz and Uzbek, are frequently rejected by
the local courts. As a consequence of this, it is more difficult for Uzbek women to receive
legal assistance than it is for Uzbek men. This is due to the fact that women are less likely
to speak Tajik or Russian than men are.
“It is necessary for disadvantaged suspects and accused individuals to have access
to competent criminal legal assistance in order for them to be tried in a manner that is fair.
This is required by the right to a fair trial. However, the impact of effective legal aid will be
maximised if it is ensured within a system of reliable institutions of justice that operate on
the principles of the rule of law and respect them. This will allow the impact to have the
greatest possible positive effect. This will make it feasible to have the most significant
influence imaginable. A system like this one includes, among other things, legal guarantees
of the independence of the judicial system, transparency in the appointment of judges, the
appropriate level of qualification of judges at all levels, including the lower courts, the
absence of corruption and the availability of effective mechanisms to combat corruption in
the judiciary and government agencies, and the appropriate level of qualification of judges
at all levels, including the lower courts. a system like this one includes, among other things,
legal guarantees of the independence of the judicial system, transparency in the
appointment of judges, It is essential for the development of high-quality legal aid services
to have faith in all aspects of the justice system that are involved in the administration of

28
criminal justice (namely, the police, the courts, and the administration of justice), in
addition to having a judiciary that is free from political influence.
In the case that there is a shortage of trained attorneys who are able to give legal
aid, the relevant control and accreditation systems must to be put into place. Judges ought
to take part in these procedures in some capacity.
“It is necessary for disadvantaged suspects and accused individuals to have access
to competent criminal legal assistance in order for them to be tried in a manner that is fair.
This is required by the right to a fair trial. However, the impact of effective legal aid will be
maximised if it is ensured within a system of reliable institutions of justice that operate on
the principles of the rule of law and respect them. This will allow the impact to have the
greatest possible positive effect. This will make it feasible to have the most significant
influence imaginable. A system like this one includes, among other things, legal guarantees
of the independence of the judicial system, transparency in the appointment of judges, the
appropriate level of qualification of judges at all levels, including the lower courts, the
absence of corruption and the availability of effective mechanisms to combat corruption in
the judiciary and government agencies, and the appropriate level of qualification of judges
at all levels, including the lower courts. a system like this one includes, among other things,
legal guarantees of the independence of the judicial system, transparency in the
appointment of judges, It is essential for the development of high-quality legal aid services
to have faith in all aspects of the justice system that are involved in the administration of
criminal justice (namely, the police, the courts, and the administration of justice), in
addition to having a judiciary that is free from political influence.
In the case that there is a shortage of trained attorneys who are able to give legal
aid, the relevant control and accreditation systems must to be put into place. Judges ought
to take part in these procedures in some capacity.
The success of efforts to guarantee that legal aid is of a high standard in South
Africa has been attributed to the establishment of a quality assurance unit within the
Ministry of Justice that is comprised of seasoned attorneys as well as the close involvement
of the judicial system in the process of quality control of legal aid. Both of these factors
have contributed to the success of the efforts”.

29
 This post originally drew its inspiration from the UN Rule of Law publication titled
"Increasing Access to Legal Aid in Criminal Justice Systems" (2014).
There is a substantial relationship that exists between the provision of legal
assistance, access to justice, and the safety of individuals. Only through the restoration of
the rule of law and the building of trust in the institutions of the legal system will it be
possible to create both stability and a peace that will last.
The fragility of Sierra Leone's judicial system has been exposed even further by the
government's proclamation of a state of emergency in response to the Ebola epidemic,
which has also rendered the courts more susceptible to outside influence and reduced their
overall efficiency. Since August of 2014, the suspension of court hearings and proceedings
has led to an increase in the backlog of cases, which in turn has led to an increase in the
number of cases involving incarceration and pre-trial custody. This situation has resulted in
an increase in the number of cases involving incarceration and pre-trial custody. Legal
support, which was predominantly provided by civil society organisations, has witnessed a
significant decrease as a direct result of the attention that has been placed on putting an end
to the virus and assisting communities that have been impacted by it.
It is essential to both the avoidance of future conflicts and the upkeep of peace that
the administration of justice be kept in a stable state while also being improved over the
long run. This is because keeping the peace is essential to the prevention of future conflicts.
The goal of the 18-month UNDP project, which also includes UNICEF and the UK
Department for International Development, is to revitalise Sierra Leone's justice sector by
providing support for the following initiatives: the revitalization of mobile courts; the
reduction of delays in consideration of cases of restraint; the implementation of the Law
"On Legal Assistance" through the development of rules for the provision of legal
assistance and strengthening cooperation with legal aid organisations in Sierra Leone; and
the reduction of delays in consideration of cases of restraint. A Report Compiled by the
United Nations Development Programme Concerning Ebola Recovery in Sierra Leone
(2015).
According to the conclusions of the report that was produced in the same year as the
study that was carried out by the IAB in 2014, the results of the study that was carried out

30
in 2014 revealed that criminal proceedings in countries are normally fair. The
overwhelming majority of respondents stated that it was possible to acquit a defendant in a
criminal process if there was insufficient evidence or if there were violations of the
procedures. This was a common belief among respondents. The respondents also indicated
that there is normally an impartial grievance mechanism that deals with complaints that are
not handled satisfactorily through the use of judicial processes.
“In Northern Ireland, the Police Ombudsman is a non-governmental organisation
that was given the job of ensuring that the grievance system used by the police is
independent and impartial. In addition to being able to accept complaints directly from
public representatives, the Ombudsman is also able to gather evidence, conduct forensic
investigations, and carry these out. Legal norms guarantee that law enforcement authorities
are able to cooperate with one another, and they place legal duties on any recommendations
made by the Ombudsman. If the Ombudsman has grounds to suspect that a criminal
offence has been committed, he or she may take the case directly to the director of the
prosecutor's office and bring it to his or her attention.
As an illustration, he clarified that informal justice institutions were not permitted to
participate in criminal activity and that doing so was considered a violation of the law. He
said this in order to illustrate that this was the case. In Mozambique, where a system very
much like this one is in place, the state police have issued "informal rules" concerning the
administration of justice, including a prohibition on informal trials. This rule prohibits the
holding of informal trials. These so-called "informal rules" decide how cases are handled
and how they are distributed between the official courts and the unofficial courts.
The findings of surveys generally confirmed that informal justice institutions (such
as religious bodies, councils of elders, customs courts, or similar organisations) routinely
hear questions regarding criminal cases. Participants in the process are able to attest that the
job they are doing is successful. The overwhelming majority of those who responded and
took part in the activities reported that they were typically treated fairly and that decision-
makers routinely explained the rationale behind their choices. This was one of the most
common themes that emerged from their responses. These findings are consistent with
those that were discovered in the IAB report that was published in 2014. On the other side,

31
there were some concerns over the lack of consistency in the decision-making process as
well as the relatively restricted access to justice for the general population. For instance, a
respondent from the United Arab Emirates stated that studies of this nature are often
carried out in secret and are limited to participants who are members of a certain
community or group of people.”
People in many different jurisdictions are influenced by a number of factors, some
of which include the ineffectiveness of the formal justice system, their lack of confidence
in the system, and the preference they have for less formal preference settlement
procedures, such as voluntary participation and decision-making on issues based on mutual
agreement. Other factors include the preference they have for less formal preference
settlement procedures, such as the preference they have for preference settlement
procedures. There is coexistence of both official and informal systems of justice. The
defendant, Lesotho, insisted that he had followed all of the procedures to the letter.
Even while delays in official institutions might sometimes lead to unfair results,
informal systems of justice are nonetheless able to dispense justice in a more timely
manner. Individuals may opt for the informal system as a means of achieving their goals of
reconciliation, rehabilitation, compensation, and reintegration rather than the typical form
of incarceration that is associated with the formal justice system. This may be the case
because the informal system is more flexible. This might provide an additional boost of
drive to accomplish these objectives. Informal justice procedures have the potential to be
very beneficial in avoiding minor disagreements from growing into more serious kinds of
physical conflict as a result of the traits listed above and others like them.
“The genocide that took place in Rwanda in 1994 was the cause of the death of a
great number of people and was responsible for the destruction of the country's
infrastructure. The three tiers of judicial response that are a part of the justice and
conciliation processes are able to handle the vast majority of offenders effectively.
• the courts of the Gakaka people • the International Criminal Tribunal for Rwanda
• the national legal system
Between the years 2005 and 2012, the traditional community court system, known
as the Gakaka, underwent a reorganisation that resulted in it being called the Gakaka. At

32
the level of the community, the judges who oversaw the hearing of genocide charges were
elected by the community. If a person commits a sin, but later has a change of heart and
strives to make amends with society, their sentence may be reduced. This is because it is
possible for a person's heart to be changed. The Gakaka courts not only facilitated
reconciliation but also benefited the victims by allowing them to learn the truth about the
deaths of their family members and relatives. Thanks to the Gakaka courts, the victims
were able to learn the truth about the deaths of their family members and relatives. They
also gave criminals the opportunity to admit their guilt, seek forgiveness, and make amends
for the wrongs they had committed.
A common accusation levelled against informal justice is that it upholds social
structures and engages in practises that are discriminatory, particularly towards women.
Nevertheless, increasing the number of women who serve as judges is one way to both
improve the fairness of the system and fight discrimination.
For this reason, local soviet courts in Uganda, as well as rural courts in Bangladesh
and Papua New Guinea, have established minimum quotas for the number of women
allowed to serve on their benches.
Local disagreements have the potential to escalate into more serious crimes and acts
of violence, leading, in the end, to larger sectarian or tribal conflicts: "revenge" or revenge.
In Egypt, in 2013, voluntary committees of mediators and arbitrators were
established in order to meet the demand for a speedy intervention in such disputes that was
also simple, inexpensive, and accessible. They are recruited from retired professionals,
business executives, judges, or teachers based on their expertise and social prestige in
society. Volunteers receive extensive training. Volunteers are well-trained. The so-called
"natural authorities" in the community are given a lot of weight and "finality" in the
decisions that they make because of the emphasis placed on them.”
The right of an accused person to have access to legal counsel is guaranteed by
human rights treaties, which also generally acknowledge the crucial role that this individual
plays in the right to a fair trial. Despite this, nations at every stage of development,
regardless of the type of legal help they provide, are confronted with a variety of obstacles,
including

33
 The requirement of adequate financial resources in order to maintain consistent
levels of political will and legal aid. The execution of the United Nations Post-2015
Development Agenda, which has as one of its goals "improving the rule of law at the
national and international levels and ensuring equal access to justice for all," has significant
difficulties as a result of these constraints (through Goal 16).
• The provision of educational opportunities in the legal field is a crucial first step
in achieving access to justice and receiving legal aid. In this sense, the methods are
comprised of two primary components: bolstering the culture of human rights by extending
legal education and increasing distribution by making use of free channels and various
forms to cater to the requirements of a variety of diverse groups.
• Positive discriminatory measures need to be taken into consideration during the
process of legal reform, which also needs to address typical patterns of discrimination that
are currently in use and remedy them. This is very important.
Recognize that there is no effective means of deterring or preventing crime unless
the fundamental causes of the violence are addressed and accompanied by a support
structure that monitors compliance. If this is not done, there will be no effective means of
either deterring or preventing crime.
• Efficient access to legal aid is characterised by the provision of services of a high
quality by those who offer legal aid; adequate time; the possession of the necessary
knowledge, expertise, and experience by those who offer legal aid; and adequate time for
the preparation of solutions to problems. A vital and active role in resolving barriers to
access to justice in a fair and unbiased manner can be played by employees of the judicial
system, including lawyers, judges, and other employees of the legal system, provided that
quality requirements are met.
• Although decisions need to be based on the specific national circumstances, models and
best practises in different jurisdictions can often arise. This is the case because states use a
variety of different types of legal aid (including public defenders, bar associations, and
attorneys). Have the ability to move about and change locations.

34
Chapter- 3

METHODOLOGY
In this particular study, the researcher employs a qualitative approach. When it comes to finding
information that is both in-depth and thorough, quality research design is the method that is most
effective. Readers are able to obtain a more in-depth grasp of a certain subject through the use of
a qualitative research design, despite the fact that this type of study cannot be generalized.

The data collection process is supplemented by the researcher's usage of supplementary

information. The researcher makes use of a technique that is known as content analysis. When

35
conducting deductive content analysis, one must first differentiate between various codes and
themes before calculating the proper frequencies and percentages for each recognised code and
topic. When a researcher wishes to investigate not only the material at hand but also the ideas on
which it is founded and the frequency with which the content is employed in other things,
content analysis is considered to be the more effective method. This researcher is compiling
examples from a variety of sources, including periodicals, newspapers, books, and articles linked
to the fundamental constitutional rights enjoyed by people of a variety of nations, including
Pakistan and the United Kingdom. An extra source of data can be gleaned from the utilization of
this particular type of technology.

Due to the fact that t researcher intends to make use of additional data in order to conduct the
analysis of the material, this study will not involve any volunteers. The researcher will select
instances and research publications through the application of the target selection approach.

The researcher makes use of a technique that is known as content analysis. This researcher
examines data transcripts from a selection of studies. It is essential to extract various codes and
categorise them as either internal or main subjects. The researcher will next put together a
numerical table that will display the frequency and proportion of the primary themes as well as
any additional topics that were discussed in the data transcript.

36
Chapter- 4
Analysis & Discussion
“Universal human rights treaties, conventions and legal documents contain the legal text on the
right to a fair trial, ie Article 6 of the 1950 European Convention on Human Rights (ECHR) and
Article 14 of the International Covenant on Civil and Political Rights. , 1966 (ICCPR), Article 8
(American Convention on Human Rights, 1969) (ACHR) and Article 7 (African Charter of
Human and Human Rights, 1981) (AFCHPR), etc.”
Pakistan accused rights
This study kicks off a discussion on the rights of those who have been accused of a crime in
court under international law in relation to the legal system in Pakistan. At this point of the
proceedings, certain judicial practises that fall under international law and concern the rights of
the accused are also brought up for discussion. Due to the time constraints of the investigation,
the accused will not be able to have all of their rights that would be accorded to them during the
trial stage discussed. As a result, the rights afforded to those who are charged are not
exhaustively covered by this study. On the other hand, it is a reference to a few of the rights that
are afforded to the accused both during the course of the criminal investigation and in court.
Rights of the accused during the course of the trial
The right to have access to a legal forum that is independent, knowledgeable, and impartial
After that, the right of the accused must be a fair and public hearing or an independent trial, as
his right to a fair trial is one of the most fundamental, most common, and universally recognised
human rights. According to Article 14 of the Code of Criminal Procedure, the rights and
obligations of the accused or defendant must be determined in any court proceedings. brings
together various subfields of international law that collectively define the concept of the right to
a fair trial (Clooney & Webb, 2021). The pursuit of justice is more than just a right. On the other
hand, it is a collection of legal rights. If you are denied the right to a fair trial, it is possible that
all of your other rights will also be violated.
One could consider it an indispensable part of any existing judicial system. When an individual
is accused of committing a crime, their innocence or guilt must be determined in a way that is
both fair and competent, as well as within an objective legal framework that has been established
by the law. Additionally, this evaluation must take place within the context of the law. Article 7
37
of the AFCHPR contains a provision that is identical to this one. However, Article 26 of the
AFCHPR emphasises that it is the responsibility of the States Parties to ensure that judges are
free to practise their profession without interference from the government. In accordance with
the provisions of Article 8 of the African Charter on the Rights and Responsibilities of Peoples
(ACHR), an independent, competent, and unbiased tribunal must be established (1). In addition,
the CPC includes provisions for the establishment of a tribunal that is impartial and independent,
as is required by Article 6, paragraph 1 of the CPC and in accordance with the legislation. Article
40 of the Statutes of the International Criminal Courts states that judges are free to perform their
duties and are not involved in any activities that could impede the performance of their duties or
affect their self-confidence. This article also states that judges are not allowed to engage in any
activities that could affect the performance of their duties. This rule ensures that judges are able
to carry out their obligations without interference while exercising the autonomy that is rightfully
theirs.
In spite of the fact that Pakistan's criminal code and the Constitution of 1973 do not include any
provisions for this right of the accused, Pakistan's constitutional courts have, in reality, made use
of this right in practise when they have handed down decisions. On the other hand, one could
argue that this right is protected in a roundabout way by Pakistan's Constitution, specifically
Article U/A 10-A, which ensures the right to a trial that is conducted in accordance with the law.
In other words, one has the right to a fair trial that is carried out in accordance with the law.
The power to lodge a formal complaint or appeal with a judicial or administrative body
Article 6 paragraph 1 of the Chinese Penal Code stipulates that "the accused has the right to
apply to or apply to a court or tribunal to exercise his civil rights and obligations." This is stated
in the CPC. In the case of Golder (1976), the European Court of Human Rights ruled that Article
6 (1) of the CCP was in violation of a prisoner's human rights because the British Home
Secretary refused to consult with the prisoner's attorney about filing a new lawsuit against the
prison officer. The European Court of Human Rights came to this conclusion because the British
Home Secretary refused to consult with the prisoner's attorney about filing a new lawsuit against
the prison officer. The verdict reached by the European Court of Human Rights was predicated
on the fact that the detainee had been treated with contempt by the prison staff. The same
problem occurred in Campbell and Fell (1985), in which the applicant was slightly injured while

38
incarcerated and he sought legal advice from his lawyer; however, this permission was granted
after some delay. Campbell and Fell (1985) was the first case to address this problem. The
problem was identical to the one that had been seen in Campbell and Fell (1985). The European
Court of Human Rights made the verdict that article 6, paragraph 1, had been violated as a result
of the evidence presented. The court came to the conclusion that the speed with which
individuals may obtain legal representation was an important factor in individual complaints, and
that the significant delays that occurred in these circumstances led to a violation of the right to
appeal to a court or tribunal. This conclusion was reached after the court came to the conclusion
that the speed with which individuals may obtain legal representation was an important factor in
individual complaints.
Other than that, if the European Court decides to charge the secretariat, it will be treated as a
criminal offence, comparable to speeding, and the administrative authorities will not be satisfied
that they have complied with the requirements of Article 6 (1) of the European Convention on
Human Rights. In other words, if the European Court decides to charge the secretariat, it will be
treated as a criminal offence. This is due to the fact that Article 6 (1) of the European Convention
on Human Rights states that the decisions of these bodies are subject to judicial review by
judicial authorities that have full jurisdiction to overturn decisions on matters of law and fact
(Palaoro v. Austria, European Court of Human Rights), which explains why this is the case. In a
similar vein, administrative bodies or courts do not satisfy the requirements of paragraph 1 of
Article 6 of the CCP if they do not have the authority to reverse the decisions that have been
made by lower authorities based on the application of law and facts. This is because paragraph 1
of Article 6 of the CCP stipulates that administrative bodies or courts must have the authority to
reverse decisions made by lower authorities.
Despite the fact that this particular right is not explicitly mentioned in the Pakistani Constitution,
the country's highest courts have invariably decided in their decisions that it is a constitutionally
protected right. For instance, if the Supreme Court has decided that a person has the right to a
trial based on that opinion, then such right is regarded as being guaranteed by the Constitution.
According to the judgement handed down in the case of Liakat Ali Chugtai in 2012, access to
justice is one of the most fundamental human rights. As a result, this right should be regarded as
a rule in all laws if it is not expressly prohibited by a law and is therefore one of the most

39
important human rights. It is not possible to disprove the possibility that the right outlined above
ought to be included in Article 10-A of the Constitution. This is because the possibility cannot be
disproven.
Providing competitors with a level playing field and the opportunity to participate in competitive
processes” Equality of arms is one of the essential qualities of a fair trial, and it refers to the fact
that there must be a proportionate amount of time spent on both the prosecution and the defence
during the proceeding. This is one of the essential qualities of a fair trial (Campbell case, 1992).
The concept of a fair trial, as described in Article 14 1 of the CPC, was elaborated upon further
by the Human Rights Committee. This provision states that there must be equality of arms
between the prosecution and the defence and that the principle of adversarial proceedings must
be respected throughout the entirety of the trial. Additionally, this provision stipulates that there
must be equality of arms between the prosecution and the defence. The responsibility for
delivering this clarification fell on the shoulders of the Human Rights Committee. It was a
violation of the rule that had been noted previously, which said what to do "when the accused is
not allowed to attend or attend the hearing in person or to instruct his defence counsel." This was
a violation of the regulation. If the accused is not given the required information regarding the
outcome of the indictment, this implies that the principle of equality before the law has been
violated, and the legal system should be reformed accordingly (D. Wolf case, 1992).
The AFCHPR provides for the implementation of certain principles, such as the right to a fair
trial, the "right to equal treatment," and the "right to a defence," in particular when it is necessary
in the interests of justice and when it is the duty of the court to do so. These principles include
the right to a fair trial, the "right to equal treatment," and the "right to a defence." These concepts
include the "right to equal treatment" as well as the "right to a defence" and the "right to a fair
trial." Compliance with the rules specified in the International Human Rights Document is
essential in order to guarantee that all courts and tribunals will be able to conduct procedures in a
fair and impartial manner.
According to the American Foundation for Civil Liberties and Human Rights (AFCHPR), "the
right of the state to equitable treatment" in legal affairs might refer to two distinct concepts
depending on the context. The first interpretation of this phrase is that during the course of the
trial, the attorney for the defendant and the public prosecutor shall each have an equal

40
opportunity to file a petition in conjunction with the answer. The second interpretation of this
phrase is that all of the defendants should be regarded the same if two or more of them share the
same set of circumstances. jurisdiction. This perspective was discussed in a case referred to as
Avocets Sans Frontiers 2000. In that case, the appellate court refused to accept a motion to
adjourn the trial in the absence of the defendant's attorney; as a consequence, the trial was
postponed. This viewpoint was discussed in that case. This viewpoint was validated by the fact
that the judge allowed the defense's motion to postpone the trial to a later date.
In this regard, the European Court has also issued a ruling, which states that the "Right to debate
in both criminal and civil proceedings" means that both parties in a criminal or civil trial are
required to be aware of all of the evidence and statements made by the independent member. The
ruling was issued in regard to the "Right to debate in both criminal and civil proceedings."
national legal service. During the course of the Lobo Machado trial, the topic of social rights was
discussed in open court (1996). The Deputy Attorney General offered some commentary on the
matter that was being heard by the Supreme Court, which resulted in the Supreme Court
dismissing the applicant's case and the applicant being unable to find a solution to the problem.
In the case involving the Deputy Attorney General, the European Court came to the conclusion
that there was a breach in the provisions of Article 6 (1) of the CCP.
Despite the fact that this right is not expressly guaranteed by Pakistan's judicial system, Article
25 of the Constitution, which is titled "Equality of Citizens," states that "there shall be an equal
law for the people of the country." Article 25, paragraph 1 of the Constitution states that "there
shall be an equal law for the people of the country." The legislation provides equal protection for
the nation as a whole as well as for each individual citizen "Additionally, Paragraph 2 of Article
25 stipulates that "there shall be no sexual unfairness," and Paragraph 3 of Article 25 states that
"there shall be no hindrance."
This article conveys the message that all individuals who are subjected to identical circumstances
should be treated equally and protected by the same law, and that throughout the trial,
discrimination between the prosecution and the defence should be avoided. Additionally, this
article conveys the message that all individuals who are subjected to identical circumstances
should be treated equally and protected by the same law. It is imperative that a further emphasis

41
be placed on the fact that the Constitution does, in fact, provide this right, albeit in a roundabout
way, under Article U/A 10-A.
The capacity to take part in judicial proceedings, either as a witness or as a participant.
One of the fundamental rights that is safeguarded by international law is the individual's ability
to take part in legal processes. There is a strong connection between this right and the right to a
fair trial (Wheeler, 2018). Article 14 (3) (d) of the International Covenant on Civil and Political
Rights (ICCPR), the relevant Statute of International Criminal Tribunals for Rwanda and the
former Yugoslavia, 1993 (ICTY), i.e. 20 (4) (d) and 21 (4) (d), have the right. Article 14 (3) (d)
of the ICCPR. It is important to point out that IFRS, U/A 6 (1) does not clearly guarantee the
right of a person to take part in a trial as a participant. In this regard, the European Court of
Justice came to the conclusion that the existence of this right could be brought to the attention of
the general public by taking into account both the aim of the article and its extensive
implementation (Brozitsek case, 1989). In this particular case, the Savona Regional Court did not
issue a summons to the defendant requesting that he appear in court, and there is no evidence to
suggest that the defendant had waived his right to personal participation, which is a violation of
Article 6. (1) of the Convention. In addition, there is no evidence to suggest that the defendant
had waived his right to monetary compensation, which is also a violation of the Convention.
Under Pakistani law, the accused is not given an express right to present in court; nonetheless,
the judge has the discretionary authority to authorise the accused to attend the trial in accordance
with Section 205 of the Criminal Procedure Code of 1898. (Cr P C). Judicial procedures cannot
be carried out if there is no party to participate in them.
In spite of the fact that international oversight bodies have not developed any theories concerning
external courts, these oversight groups have acknowledged that there are particular
circumstances under which such trials can take place. The clarification may be found in Article
14 of the Criminal Procedure Code as well as in the interpretation of the Criminal Procedure
Code No. 13, which states that "due to unusual circumstances, the rights of the accused must be
carefully preserved in absentia." provided ". If Article 14 of the Covenant in Absence is
followed, which states that "the accused must be informed in a timely manner about the trial, not
in his favour," then the condition of a fair trial is considered to have been met. This is the only
way in which the condition of a fair trial can be considered to have been met. It is the

42
responsibility of the State Party to guarantee that all aspects of the justification principle are
adhered to in their totality (Maleki case, 1999).
In Pakistan, the Criminal Procedure Code, Section 205, allows for trials to be conducted without
the presence of the accused. This provision grants the trial judge the authority to proceed with
the trial even in the absence of the accused, and it also grants the judge the authority to convince
staff members. involvement of the accused at any point during the proceedings of the trial.
The ability to refrain from testifying or to enter a guilty plea.
The accused person has the right to remain silent and not be forced to testify against themselves
or to confess to a crime against them without their consent. This is considered to be one of the
most fundamental rights. An accused person cannot be compelled to testify against himself in the
process of establishing a criminal case against him, as stated in Article 14 (3) (g) of the
International Covenant on Civil and Political Rights. This provision protects an accused person's
right to due process. ACHR, U / A 8 (2) (g) provides that everyone has the right to testify against
himself or not to be compelled to confess, and Article 8 (3) further specifically states that the
confession of the accused is valuable only if it is made without coercion. In other words, the
confession of the accused is only valuable if it is made without coercion. In other words, the
confession of the accused only has value if it was made voluntarily and was not the result of any
form of compulsion. Regarding this particular issue, neither the AFCHPR nor the ACHR have
expressed any kind of position or opinion. On the other hand, protection against the potential of a
person indicting themselves is provided by Statute U/A 55 (1) (a) of the International Criminal
Court as well as the applicable laws of the ICTY U/A 20 (4) (g) and 21 (4) (g), respectively.
The Human Rights Committee (HRC) took note of the fact that investigators violated these
principles in a variety of ways in order to coerce the accused individual into confessing or
testifying against him. This was brought to the attention of the HRC by the Human Rights
Committee. The law makes it abundantly clear that any type of evidence gathered in this manner
is inadmissible, and it does so across the board. This is because the law applies to any and all
types of evidence. The Committee has the authority to take into consideration the statement
made by the accused when gathering evidence through the aforementioned methods. In addition,
the prosecutor has the responsibility to swiftly throw out any and all forms of evidence that were
gathered in an improper manner. The accused person is not put under any form of pressure,

43
either from the outside or from within, to make a guilty plea (Berry case, 1994). As a
consequence of this, the committee coerced investigators into signing testimonies implicating
him (in the case of Sergio Euben Lopez Burgos, 1981), or it coerced the police into torturing
him, or it coerced him into pleading guilty. All of these actions were taken as a consequence of
the committee's actions (Estrella case, 1983).
In Article U/A 13 of the Pakistani Constitution, it is explicitly stated that no person may be
compelled or punished more than once for the same offence. According to this clause, successive
sanctions for the same offence are not allowed. There is no obligation for anyone who is accused
of assisting the defendant in any way to testify in a favourable manner. In accordance with
Section 340, Cr P C provides you with this guarantee (2). The essential concept that underpins
both of these laws is that everyone, even the accused, is believed to be innocent in the eyes of the
law unless it can be proven beyond a reasonable doubt that they are guilty of the crime in
question. An answer of this kind is not necessary to be provided by the accused in this case.
To what extent does this indicate that he is a criminal is the question that needs to be answered.
As a result of this, this international assurance is not only offered in the Constitution of Pakistan,
but it is also provided in the legal system that the country employs.
It is best not to use any evidence that was obtained in a dishonest or unethical manner.
According to Guideline 16 on the Role of Prosecutors (1990), prosecutors are required to refrain
from using evidence that considers such evidence obtained by illegal means on a logical basis in
their cases. This requirement was established in 1990. This is of utmost significance in situations
in which the unlawful methods include the application of torture or other forms of ill-treatment.
Article 15 of the Convention against Torture (1984) and Article 10 of the Convention against
Censorship are two other significant international laws that prohibit torture and punish those who
use it. These laws can be found in conjunction with one another in the Convention against
Censorship. The CAT mandates that each signatory ensure that any evidence that was recognised
or obtained during torture is not accepted as evidence, and the ACHR has declared that such
evidence is inadmissible in legal proceedings. The CAT also mandates that each signatory ensure
that any evidence that was recognised or obtained during torture is not accepted as evidence.
This stipulation can be found in the aforementioned document. The Rome Statute of the
International Criminal Court (1998) U / A 69 (7) makes it illegal to use evidence that was

44
obtained in violation of international human rights instruments if either of the two conditions
listed below are met: (a) This violation causes considerable distrust in the coherence of the
evidence; or (b) acceptance of testimony is a refutation and causes great damage to the truth of
the courts.
The second clause of article 14 of the Constitution of Pakistan
It specifies unequivocally that no person may be subjected to torture in order to gather evidence
or testimony, i.e., that there is a constitutional guarantee against evidence obtained through the
use of torture. In other words, it prohibits evidence from being obtained through the use of
torture.
Article 14 paragraph 7 of the International Covenant on Civil and Political Rights contains
provisions for restrictions on double jeopardy. [Civil and Political Rights] A person who has
already been tried in court and convicted or acquitted for an offence in accordance with national
law may not be retried or punished for the same offence in line with these requirements, as they
state that such a person is ineligible for such treatment. If a person has once been found guilty of
an offence based on an unseen judgement, the ACHR, U/A 8, states that they should not be re-
convicted of the same crime based on the same decision. Because the first paragraph of Article 4
of the Code of Civil Procedure states that a person may not be re-tried or re-punished for the
same offence, a person who has been convicted of high treason by a military court and then
acquitted will be re-tried by the country's civil courts. In other words, if a person is convicted of
high treason and then exonerated of the charge, he cannot be found guilty if he is retried by the
military court; nevertheless, the reopening of proceedings in the case of fresh evidence is not
barred by paragraph 2 of Article 4 of the Constitution. the presence of a major guilt that has the
potential to change the result of the case while the case or cases in question are being analysed.
this is something that can be done during the process of analysing the case or cases.
It was determined by the European Court of Human Rights in the case of Gradinger (1995) that it
was a clear violation of Article 4 of the Convention to impose two sentences on an individual
who was accused of negligent homicide. This was the conclusion reached by the court. This was
due to the fact that both punishments were for the same crime or for the same act committed by
the person who was accused of committing the act. In yet another well-known case, Oliveira
(1998), the result was unexpectedly different from what had been anticipated. While the

45
defendant was driving on a snowy and icy road, his vehicle suddenly veered away from the path
of travel, crossed over to the opposite side of the road, collided with a car, and then collided with
a third vehicle, causing the driver of the third vehicle to sustain significant injuries. The accused
was subsequently arrested for his involvement in the accident. After being found guilty of
"weakness in driving" by a police court in accordance with Chapter 31-32 of the Federal Traffic
Act, the plaintiff was given a monetary penalty in the form of a fine. This was because he did not
drive at the speed that was necessary by the conditions of the road, and as a result, he was
involved in the accident. A fine of two hundred Swiss francs will be imposed (CHF). The
prosecutor decided to file an appeal against the sentence after some time had passed. He charged
him with "accidental harm" in violation of Article 125 of the Swiss Penal Code, and he was
given a fine of 2,000 Swiss francs. The applicant appealed the judgement, which resulted in the
fine being dropped to 1,500 Swiss francs; in addition, an initial deduction of 200 Swiss francs
resulted in the fine being lowered to 1,300 Swiss francs; this brought the total amount of the fine
to 1,300 Swiss francs. The plaintiff went to the European Court of Human Rights with a
complaint, alleging that he had been convicted twice for the same offence, first for driving
misconduct and then for causing bodily harm to the driver, in violation of Article 4. No 7 of the
protocol. The European Court of Human Rights ruled in the plaintiff's favour and found that he
had been convicted twice for the same offence. He asserted that these two convictions were for
the same crime, but the court disagreed. On the other hand, the European Court of Justice came
to the conclusion that this was a case involving an act that was considered to be several offences,
and that in circumstances of this nature, the greater of the two penalties should always be the
lesser of the two. The fact that the act in question had already been carried out served as the
foundation for their determination.
Both the Constitution of Pakistan and the Criminal Procedure Code have provisions that protect
citizens from receiving multiple punishments for the same offence. These protections are
designed to ensure that citizens do not receive unfair treatment. This promise is protected by the
constitutional provision known as Article 13, which states that no person shall be punished twice
for the same offence. This provision is what makes it possible to keep this promise. This article
provides protection against double punishment so that no one may be convicted of a crime based
on the same set of facts that he has previously received or been convicted of: (1) There was a

46
hearing for the accused against him; (2) the trial was conducted by a court of competent
jurisdiction; (3) the trial ends with a conviction or acquittal; (4) the parties to both trials must be
equal; and (5) the fact that was considered in the previous trial must be the same as what is being
considered in this
Protection against laws that are enacted after the event has already occurred
Article 22 of the Rome Statute, Article 15 (1) of the AFCHPR, Article 9 of the ACHR, Article 7
(1) of the CPC, and Article 7 (2) of the CPC all provide protection against laws that are enacted
after the event. This is a person's established right, regardless of whether or not the act or
omission was a crime at the time it was committed. If an act or omission was not a criminal at
the time it was committed, but it later became part of the notion of a crime, then a person is not
punished for that crime, and this is the case even if the act or omission was not a criminal at the
time it was committed.
This right of the accused is guaranteed by Article 12 (a) of Pakistan's Constitution from 1973,
which states that no one shall be punished for any behaviour that is not considered a crime by the
legal system. This right was established to protect the accused from being punished for actions
that were not considered illegal. To put it another way, those who have been accused do not have
the right to be punished. Article 12 b stipulates that a convicted person may only be sentenced to
this amount of the sentence that was imposed at the time of the crime, and that a sentence that is
this much heavier may not be imposed even if the law subsequently imposes a sentence that is
this much heavier for that crime. This provision applies even if the law subsequently imposes a
sentence that is this much heavier for a different crime. This provision applies even if the law
later imposes a heavier sentence for a crime that was already subject to a heavier sentence. It
does so even though the law has already imposed a heavier sentence. The constitution of
Pakistan contains a provision that guarantees the protection of this right for any individual who
has been accused of a crime.
Regarding the procedures, it is feasible to obtain the conclusion that the right to a fair trial
belongs to the mother. This is the conclusion that can be drawn. If you don't have this correct,
none of the others actually matter. However, it is vital to establish a balance between the rights
of the accused and the rights of those who have been damaged by violations of human rights.

47
Even though there is no requirement in the law that a defendant be proven guilty in order to be
convicted, a moral conviction is necessary in order to prosecute the accused. It is preferable to
have a forceful accusation as the basis for the accusation rather than a feeble defence. Because
putting the perpetrator of the crime onto the stage would be preferable. The International
Criminal Court (ICTY) establishes guidelines to safeguard individuals against severe treatment
and punishment. A fair trial is provided under the Constitution of Pakistan, which was created in
1973, as well as the Criminal Procedure Code, which was passed in 1898. The distinction
between international papers and national documents is that international documents provide for
many aspects of fair trial, which are available to the accused not only in criminal processes, but
also in civil matters. This is in contrast to national documents, which exclusively provide for
certain aspects in criminal processes. Concerning the rights of the accused, these rights are given
to the accused not only during the stage of the inquiry, but also during the stage of the court and
the stage of the appeal. On the other hand, the Constitution of Pakistan only includes Article 10-
A on the right to a fair trial. It does not offer any more information on the particulars of a fair
trial or the rights of persons who have been accused of a crime. The particulars of the right to a
fair trial, on the other hand, have been investigated in Pakistan's rulings. In this regard, in order
to safeguard the rights of the accused in a manner that is consistent with international standards
and equality, it is proposed to examine and codify the specifics of the right to a fair trial within
the framework of international laws of justice. This will ensure that the rights of the accused are
protected in a manner that is in compliance with international norms and equality.
European accused rights
In July 2009, while Sweden held the presidency of the European Union, a new Roadmap to
promote the protection of suspects and defendants in criminal procedures throughout the Union
was introduced. Inside the context of criminal procedures within the European Union, the
Roadmap describes its projected future state for the development of the right to a fair trial. On
July 31, 2009, the same president delivered a draughts resolution to the Council that described
the foundation and content of the Roadmap that had been adopted by the Council. 30th of
November, 2009 in the European Union. Many organisations from the civil society as well as
other important parties have remarked on this problem as a result of the relevance it carries for
the protection of the rights of suspects and defendants within the European arena of justice.

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At the time of this writing, the findings of the Council of Europe summit that took place on
10/11 December 2009 had just been announced. These judgements have made a considerable
contribution to the advancement of the EU Freedom Zone, Security and Justice (AFSJ) (AFSJ)
(AFSJ).
The Stockholm programme for 2010–2014 that was developed by the EU highlights the policy
priorities that were overseen by AFSJ. In particular, the Council of Europe considered "ensuring
the protection of fundamental rights and freedoms and integrity while guaranteeing security in
Europe" to be a challenge, and it identified "human rights measures... as a priority to protect
individual rights" as a means of accomplishing its goal of "ensuring the protection of
fundamental rights and freedoms and integrity while guaranteeing security in Europe." The
construction of a transparent and comprehensive AFSJ as a "single zone for the protection of
fundamental rights." It is projected that the Commission will accept it, and it will be enacted "at
least in June 2010" with the support of the Spanish presidency of the EU.
This article opens with a quick description of the general policy framework. Within this context,
it is vital for us to have an awareness of the Council's Roadmap for the advancement of
procedural protections in criminal proceedings and the relationship between that road map and
the Stockholm Program. In addition to it, references are made to past recommendations that dealt
with this area of policy. Second, it presents an analysis of the probable outcomes of
implementing the suggested preventative activities that are indicated in the Roadmap. We take
into account what has been presented and analyse whether or not it is compatible with what
should be included in accordance with the European standards that are now in effect. The
European Convention on Human Rights (ECHR) and the precedents issued by the European
Court of Human Rights are both given a significant amount of focus in this study (ECHR)
(ECHR). Thirdly, the research provides some important feedback on several distinct elements of
the proposed Roadmap. In conclusion, we have offered a number of policy ideas that have been
produced with the purpose of improving the future unified legal framework for procedural law
throughout the EU. These proposals have been made in light of the fact that we have established
the aforementioned goal.

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2. Putting in place the parameters that will govern how the policy will be implemented:
Protection of the rights of those who are suspected of committing or accused of committing a
crime in the course of legal processes.
In a statement titled "Freedom, Security, and Justice in the Service of Citizens" that was issued
on June 10, 2009, the European Commission stated that there is no regulation of procedural
rights in criminal procedures at the EU level. The statement was titled "Freedom, Security, and
Justice in the Service of Citizens." A demand for increased efforts to be conducted in this respect
was mentioned in the statement as well. At no point does the research make any mention to the
Roadmap that was subsequently made accessible to the public by the Swedish presidency. One
of the ideas that the Commission had for the next multi-year plan under the AFSJ, which was the
Stockholm programme, was to "benefit from the freedom zone." This was one of the suggestions
that the Commission proposed. This was one of the Commission's ideas for making the workings
of the justice system and security more understandable to common folks. December 2009.
In this particular scenario, the Stockholm Program establishes provisions for a future uniform
policy protecting the rights of individuals participating in criminal procedures. This provision, in
conjunction with the promotion of the rights of citizens across Europe, is part of the Stockholm
Program. This more current text states that "the safeguarding of the rights of suspected and
accused individuals in criminal proceedings is a basic value of the Union... to promote mutual
trust between Member States and public confidence in the European Union." It requests that the
Commission take on specific legislative suggestions in order to ensure the execution of the
activities that are specified in the text. These actions can be found in the document.
This is something that needs to be acknowledged because it is one of the more progressive
components of the Stockholm Program in terms of the negotiations that have gone place in the
Council chambers. The protection of the rights of suspects and defendants in criminal procedures
has been one of the more progressive components of the Stockholm Program. In particular, the
most current iteration of the Program calls for the implementation of certain proposals specified
in the Roadmap, which comes with its own individual demands. Along with this new addition, an
increase of the list of procedural rights that are provided for in the Roadmap in its current form
has also been made. These rights are provided for in the current edition of the Roadmap. The
Council of Europe has urged that the Commission "consider if other issues (if necessary)... assist

50
to promote co-operation in this area." This request makes a direct reference to the presumption of
innocence. Finally, here we present a request that the Council strongly encourage the
Commission to implement steps that would make it simpler to communicate "best practises." The
procedural rights of the individuals who are held ought to be incorporated into these practises. As
a direct consequence of this, the Council agreed with some of the political priorities listed by the
European Parliament in its resolution that was voted on November 25th, 2009. These priorities
belong to the area of criminal justice.
At the level of the EU, it is abundantly obvious that the discussion on the protection of
procedural rights in the course of criminal procedures is not a fresh phenomenon. “ This is
because the topic has been going on for quite some time. On April 28, 2004, the European
Commission presented the prior proposal (which shall be referred to in the following as the
FWD) on the fundamental decision of the Council respecting Certain Procedural Rights in
Criminal Procedure across the entire European Union. This judgement was made respecting
specific procedural rights in criminal proceedings. However. At no point during the process did
the Council decide to support the plan. After a number of years of tedious negotiations, the
Council of Europe came up with a "counter-proposal" that was notably more liberal and further
changed its alternatives during the years 2006 and 2007, when Austria, Finland, and Germany
held the presidency of the Council of Europe. These changes occurred during the years in
question. The complete ineffectiveness of this undertaking as a whole. Particularly, several
delegations from EU member states, in notably those from the United Kingdom, the Czech
Republic, Ireland, Malta, and Slovakia, have been fiercely opposed to the preservation of
procedural rights. This resistance has been very loud. These delegations are of the opinion that
the protection of procedural rights is already guaranteed by Articles 5 and 6, and that this degree
of protection ought to be regarded as adequate”.
As a consequence of the failure of the preceding proposal and the attempt to pursue an objective
policy in order to create a common European legislation providing for a common catalogue of
procedural safeguards for suspects and accused in criminal proceedings as part of the "relevant
legal process," the proposed strategy at the EU level was more widely agreed upon. This was due
to the fact that the previous proposal had attempted to create a common European legislation
providing for a common catalogue of procedural safeguards for suspects and accused in criminal

51
proceedings as part of the " This was due to the attempt to create a common European legislation
that would provide for a common catalogue of procedural safeguards for suspects and accused in
criminal proceedings as part of the "relevant legal process." in this particular instance, other from
the regulation of unique procedural rights, the rationale for this was the endeavour to build a
common European legislation (industry approach) (industry approach). In this specific situation,
the right to translation and translation was granted. This should be regarded the primary focus.
After that, in July of 2009, a new proposal was submitted to the Framework Decision of the
Council, and negotiations are currently taking place between the European Parliament and the
Council over the topic. The manner in which the Directive takes the initiative is a matter of
discourse in the context of the revisions being made to the Treaty of Lisbon.
Since the Lisbon Treaty comes into force on December 1, 2009, the outcome of these and other
related initiatives on procedural rights will always be different. This applies to both the
initiatives being discussed here and those being addressed elsewhere. This is owing to the Treaty
of Lisbon, which amended the prior regulations. The latter provides a clear legal basis in
accordance with Article 82 (2) of the Treaty on the Functioning of the European Union (TFUE),
and as a consequence, the lack of a permanent legal framework that was supplied by some
national delegations is no longer deemed to be permanent. It is made abundantly plain in the
second paragraph of Article 82 of the TFUE that "the European Parliament and the Council may
specify basic rules via directives issued in accordance with the regular legislative procedure...
They belong to: b) the rights of individuals in criminal proceedings." According to this
paragraph, any European legislation that covers this subject is deemed to be a minimum norm,
and it should go without saying that member states have the freedom to propose higher standards
for the protection of such rights as those of individuals. In addition, any European rule that
covers this subject is assumed to be a minimum standard. In addition, it is essential to take note
of the fact that for the first time in the history of the EU, constitutional norms require the
adoption of constitutional norms that require the adoption of a legal framework that covers the
law of criminal procedure as a form of "coordination" (now approximation) in parallel with
traditional forms of judicial cooperation. This is a crucial milestone in the evolution of the EU.
This marks a crucial turning point in the evolution of the EU's history. Indeed, this is the current
state of affairs. The protection of procedural rights ought to be hailed until such time as they

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develop into an integral aspect of the security measures that are already in place in the EU as
well as any future ones that may be adopted there.
Before the Lisbon Treaty was adopted, there were in-depth talks undertaken within the Council
about the necessity and value added of establishing a catalogue of procedural rights at the level
of the EU, taking into account the scope of protection offered by the European Court of Justice.
These discussions took place before the signing of the Lisbon Treaty. These exchanges took
place before the Lisbon Treaty was officially signed. It is common knowledge that a number of
the member states have made use of this line of reasoning in an effort to preclude any type of
transnational regulation in this area. This line of reasoning has been used right up until the
current day, which explains why the suggestion that the previous Commission provided in 2004
was unsuccessful. Despite this, a new perspective on procedural law in its totality is required
within the context of the EU AFSJ and as an additional component of strengthening judicial
cooperation in criminal procedures across Europe. Both of these aspects are connected. The only
option for the EU to effectively handle the challenge of protecting fundamental human rights and
freedoms and guaranteeing justice is for the EU to adopt a legal framework for the protection of
procedural rights in criminal proceedings. This is the only option for the EU to effectively
address the task of preserving fundamental human rights and freedoms and securing justice. Both
rapprochement and mutual acknowledgment are crucial milestones on the way to reconciliation.
won't end up happening at all.
In addition, any approximation on this policy issue is of particular relevance because it not only
represents the kind of sectoral approach in which European regulation is examined in a particular
area, but it also represents the field of procedural law. In other words, any approximation on this
policy issue is of particular importance. In addition, any estimate about this matter of public
policy is very significant due to the fact that it represents the subfield of law known as
procedural law. horizontally or "by taking a horizontal approach," like in (horizontal or
horizontal view).
In conclusion, it is possible to say that at the present time, certain constitutional provisions
relating to certain procedural rights are also provided for in this article. These provisions are
provided for in this article. These provisions are discussed in further detail later on in the essay.
Article 6 (1) of the Treaty on European Union is the provision that recognises the legal effect of

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the Charter of Fundamental Rights of the European Union. In this context, procedural rights such
as the right to an effective remedy, the right to a fair trial, the presumption of innocence, the right
to defend oneself, and the right to be protected are unquestionably guaranteed. It is not even
possible to call into doubt the legitimacy of proportionality. Nevertheless, in accordance with
this rule, there is only a cross reference, and in addition to that, its application is not always
standard across all Member States. a number of the Member States, such as the Czech Republic,
Poland, and the United Kingdom, to name just a few of the more recent additions, have policies
that differ from one another. This is the fee that is required to be paid in accordance with the
"flexibility" that has been imposed, which is actually referred to as a "exception" in the Treaty.
Lisbon.

3. The implementation of the action plan that was outlined in the road map that was provided by
the Council
A discussion of the CCP and its protocols, according to the definitions provided by the European
Court of Human Rights in Strasbourg, will immediately follow the explanatory memorandum.
Evidence, as well as a few remarks in support of a single European regulation of procedural law
in criminal situations, are shown below. There are a total of six different measures included in
the resolution. On the other hand, this list does not include any numerical items because the
Council is able to evaluate the possibility of addressing the problem of procedural rights
protection on topics other than those that are mentioned in the catalogue. This is the reason why
this list does not contain any numerical items. To give you an example, the first step has already
been initiated in a horizontal (non-sectoral) manner by changing numerous Framework decisions
pertaining to the mutual recognition of the rules relating to absentee judgements in the realm of
procedural law; In spite of the fact that there have been some obvious points of contention, it is
undeniable that the member states are exerting a great deal of effort to harmonise (or bring
closer) a single consensus.
At this time, the following possibilities are being taken into consideration: 1) Translation and
translation; 2) information on rights and information on charges; 3) legal assistance and legal
advice; 4) communication with relatives, employers, and consular authorities; 5) special
guarantees for suspects or accused persons recognised as vulnerable; and 6) a green document on

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the right to reconsider the grounds for pre-trial detention. 1) Translation and translation; 2)
information on rights and information on charges; 3) legal assistance and legal advice; 4)
communication with relatives, employers, and consular authorities; 5) special guarantees for
suspects 1) Translation and translation; 2) information on rights and information on charges; 3)
legal assistance and legal advice; 4) communication with relatives, employers, and consular
authorities; and 5) special guarantees for suspects in custody.
The first activity consists primarily of translation and additional translation work. The resolution
states that "the suspect or accused must comprehend what is happening and be clear to himself."
[T]he suspect or accused must be clear to himself. A suspect or accused person who does not
know or understand the language that is being used in the proceedings will need the services of
an interpreter in addition to a translation for important procedural papers. This is because the
language being used in the proceedings is legalese. In addition to this, special attention should be
paid to the requirements of suspects or accused persons who have hearing impairments. It has
been interpreted that such a right "guarantees the right of the accused to an effective participation
in criminal proceedings." This is in accordance with the interpretation of section 6(3)e) of the
Criminal Procedure Code. In a more general sense, and in accordance with that interpretation,
"this includes, in particular, the right to participate, but it also includes the right to listen and
observe the process." This is due to the fact that a particular provision like this one applies to
"deaf suspects or those with hearing or speech difficulties," who are required to have "trained
and experienced sign language interpreters" assigned in court for them, as well as in interviews
conducted by the police. The reason for this is that a provision like this one applies to "deaf
suspects or those with hearing or speech difficulties," who are required to have "trained and
experienced sign language interpret In this particular context, the newly included Article 2 (1) of
The Initiative of the European Parliament and the Council's Directives on the Rights of
Translation and Interpretation "unequivocally states the right to interpret before the investigative
and judicial authorities, including the police, during any and all public hearings and at any time."
"Interim hearings" as well as "assistance to persons with hearing impairments" should be
respected in all criminal proceedings, as well as proceedings delivered in pursuance of the
European Arrest warrant. "Interim hearings" should also be respected in the European Arrest

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warrant proceedings (EAW). Additionally, "assistance to persons with hearing impairments"
ought to be incorporated into each and every proceeding.
In addition to that, you have the right to translate what are referred to as "essential procedural
documents," although it is not made clear what documents fall under this category. In any event,
the case law of the CCP generally places more limitations on the right to translate, given that this
right can only be exercised in specific situations "Things that need to be understood in order to
benefit from litigation include translating documents that allow the accused to know the case and
defend himself, in particular: to be able to present his own version of events. To summarise, "
fair " things that need to be understood in order to benefit from litigation include translating
documents that allow the accused to know the case and defend himself. Provisions for
"procedural papers for translation" have been added to this initiative of the translation and
translation regulation as of recently. According to Article 3 Paragraph 2 of this Initiative,
"Important Documents to Which All or Significant Passages of the Translation Shall Be
Translated Shall Contain, at a Minimum, Arrest Warrants or Alternative Sentences, Charges or
Convictions, and Any Sentences," important documents to which all or significant passages of
the translation shall be translated shall contain, at a minimum, arrest warrants or alternative
sentences, charges or convictions, and any sentences. There are publications of this "initial list
compiled on the basis of the information presented in the article. The third item on the agenda for
the same meeting that contains the directive is also the third item of the initiative.
There is no mention of the quality of the translation and/or translation in the original proposal
submitted by the Commission in 2004, hence there is a significant linguistic gap between the two
versions being examined for adoption. It sounds the alarm that a lack of translation and/or
translation that is correct and performed by skilled personnel is one of the most critical
difficulties that regularly occurs among EU member states. The importance of this area of the
law has been highlighted by recent rulings issued by the CCP, such as the Protopapa case taken
against Turkey. (A decision was made on July 6, 2009). The current recommendation does not
address the free and unrestricted exercise of the rights outlined in the 2004 FWD
Recommendation or Article 6 (3) (e) of the European Convention on Human Rights.
Furthermore, a resolution concerning the most efficient methods is being considered for adoption
at this time.

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Step two involves disseminating data on financial obligations and legal protections. Any person
who is under investigation for or has been accused of criminal activity must be advised of their
constitutional rights either orally or, if necessary, in writing, such as by a letter of rights. And the
person should know as soon as possible what the charges are and what led to them. As long as it
doesn't disrupt the normal course of proceedings, an accused individual has a right to timely
access to all facts pertinent to his defence. Both the right to be informed orally or, if necessary, in
writing (for instance, by letter of rights) on one's fundamental rights and the right to be informed
orally or, if necessary, in writing (for instance, by letter of rights) on one's fundamental rights are
guaranteed "on the nature and cause of the charges against him" or "its" are phrases that are
sometimes included in the Decree and have terms similar to those provided in the 2004
Procedural Rights Recommendation by the previous FWD Commission. Each paper contains the
same information with regard to the AISM's response to the Lutz v. Germany case. The specifics
of the allegation or charge, as well as the rationale for making it, must be made public,
unambiguous, and correct. language in which the accused is fluent; this right is intrinsically
linked to the instrumental right of translation, so an interpreter or translator may be required if
necessary. Words and phrases used by the accused. In contrast, the CCP rules declare that no
formal constraints of any kind should be imposed. 61 on the method that will be utilised to
inform the defendant.
Access to information should extend to not just the facts of the case but also the legal
requirements as defined by the CPC.
Draft resolution has not yet established access to the file by the interested party listed in the
initial version of the Swedish Road Map. As such, this is an issue that must be resolved.
disappeared from the face of the earth. This section's definition of "appropriate time" should be
incorporated into any regionally-specific regulations. To ensure the efficacy of the law at hand,
this disclosure must take place at the very least before prosecution begins. A list of the details
that must be included in such a record must also be compiled.
Profession No. 3: Giving aid and counsel in lawful situations. Here is a snippet from the
resolution itself: Fundamental to the fairness of criminal proceedings is the right of a suspect or
accused to get legal counsel (from a lawyer) at the earliest appropriate stage of such proceedings;
The right to legal assistance must give effective access to the foregoing right to legal advice.

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This resolution includes both a broad right to protection and references to two specific
procedural safeguards: first, the right to legal help, which includes the costs of this attorney and
any prior interpretation or translation; second, the right to legal advice. The right to legal
representation must be made accessible to every suspect "at the earliest relevant stage," meaning
before any inquiries are asked about the charge. This makes sense given the circumstances under
which this proposal is being considered. The FWD's Procedural Rights Recommendation from
2004 also goes into great depth on this very subject. However, in order to ensure the right to
legal counsel, it is required to define "the earliest appropriate period of litigation." In order to
fulfil the requirements of the right to legal counsel, this is necessary.
The CEDH, which serves as a minimum norm for the right to universal defence, also guarantees
three separate procedural rights: the right to self-determination, the right to freely chosen legal
counsel, and the right to legal aid. This is the sequence in which certain privileges are described:
first, the right to choose one's own legal representation, second, the right to representation in
court, and third, the right to representation in court. First, the right to personal protection must be
recognised even when it is not defined, provided that such recognition is likewise recognised by
the laws of the country in which the individual resides. As noted in the preceding sentence, this
also includes the option to forego such legal representation in accordance with CCP judicial
practise. Second, the accused must be assured of his or her right to technical representation from
an attorney of his or her choosing, and the accused's conversations with the defence attorney
must be shielded from public view. 69 It is important to consider the accused person's financial
situation when deciding whether or not to provide them the right to free legal representation. the
latter, yet individual regulation is widely urged for both rights because legal help and legal
counsel are essentially separate types of procedural safeguards.

Chapter-5
CONCLUSION & RECOMMENDATIONS

It's remarkable how much effort has gone into improving both criminals' and victims' access to
court and methods of giving legal aid. Given the ongoing discussions at the United Nations on
the post-2015 development agenda, the activities taken are now significant on a global scale. In

58
light of this, it is hoped that governments would soon provide real political and financial support
for the zeal for justice shown by attorneys, civil society organisations, and the general public.
The aforementioned factors all contribute to this conclusion.

In its most recent iteration, the post-2015 development agenda reaffirms its dedication to
"ensuring that all people can realise their potential with dignity and equality" and "mobilising the
necessary tools to implement this agenda through the revitalization of the Global Partnership for
Sustainable Development," which is founded on a strengthened global cooperation spirit. These
two promises were made in light of the agenda's overarching objective, which is to "ensure that
all individuals can realise their potential with respect and equality." In order to meet the needs of
the world's poorest and most vulnerable people, all governments, all regions, and all stakeholders
must work together on this initiative.

If the other goals of the post-2015 agenda are to be realised, then access to justice and the rule of
law are indispensable. Due of their centrality in the United Nations' Sustainable Development
Goals and their obvious importance to the advancement of people's rights, these two factors have
been given a lot of attention (SDGs). marginalised and deprived of basic social services. Access
to justice and the rule of law, education, nondiscrimination, decent work, human security,
environmental protection, and so on are only some of the concerns that need to be addressed.
However, local conditions need tailoring the global commitment to fit the specifics of the
regional legal system. These considerations emphasise the need to pick a good policy in light of
the project's timeframe and the successes and failures of decisions made in other jurisdictions,
tailoring these policies to local conditions for maximum effect.

The 2014 report of the IAEA Committee on Access to Justice and Legal Assistance was
supported by the findings of research and surveys. There is no single method that is sufficient,
and the report notes that barriers often interact with facilitating relationships. Research and
survey results backed up these anecdotes. elimination of barriers to participation in the legal
system. When discussing the approaches taken to removing different kinds of obstacles to access
to justice (including the relatively narrow issue of this study), this report should keep in mind
two key points that have been highlighted in recent talks about the Sustainable Development
Goals (SDG):

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Access to justice and the rule of law are universal concepts that may be applied anywhere; yet, it
is essential to remember that they require contextualization. When doing so, it is crucial to bear
in mind both the broad applicability and the specificity of the issues at hand.

One of the most influential and diverse parts of the post-2015 development agenda is the
provision of access to justice. This part of the agenda is crucial because it highlights the
importance of monitoring development. This kind of evaluation needs to be grounded in both
quantitative data reflecting institutional outcomes (such as the length of proceedings and delays,
the length of pre-trial detention, the number of cases per judge, and the percentage of available
legal aid) and qualitative data derived from the experiences of individual people. Whether they
are accused criminals or innocent victims, everyone deserves fair treatment from the system that
is charged with delivering it.

Recommendations

In an effort to strike a balance between the generalizability of some challenges and the context-
dependence of possible solutions, the following essential observations could be made:

• The worldwide environment of access to justice and legal aid may be significantly impacted by
the United Nations Sustainable Development Agenda 2015-2030, in particular Goal 16 of this
agenda, which cites access to justice and the rule of law as major objectives. Whether good or
negative, this factor has the ability to make a big difference. access. This will result in a powerful
and unequivocal standard against which nations' efforts to expand legal recourse and
institutionalise the rule of law may be measured. The legal community can play a pivotal role in
accomplishing Goal 16 by working with other stakeholders like civil society, academic
institutions, and international organisations to promote the rule of law and ensure equal access to
justice for everyone. This will allow lawyers to work toward a society where everyone has equal
access to justice and the rule of law is upheld. This is crucial for achieving Goal 16's aims of
ensuring that all people are able to access justice and promoting the rule of law. The first
essential pillar is the official recognition of the role that non-governmental and non-professional
actors play in the provision of legal assistance, and the second is the establishment of
mechanisms (including mechanisms for monitoring and evaluation) to guarantee that the quality
standards of legal aid are met, both of which are necessary for the successful involvement of
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other stakeholders. These two factors are crucial for enlisting the help of relevant parties. The
official acknowledgement of the role that non-governmental and non-professional actors play in
the provision of legal help is a crucial component for the successful engagement of other parties.
This is a crucial part of involving relevant parties effectively.

• The efficiency of the legal aid system can be increased for both defendants and victims by
combining the efforts of the judiciary with those of other professionals, such as those working in
the domains of medical, social work, and victim advocacy. As a result, system efficiency will
improve. The system will then operate at maximum efficiency as a result.

collects, monitors, and publishes data on a consistent basis; focuses on identifying challenges
and best practises for addressing those challenges; and, finally, collects, monitors, and publishes
data on gender, age, socioeconomic status, and geographical distribution. Because learning about
one's rights under the law is facilitated by education and training, this is the case. • It's important
to handle the ambiguity that arises when someone is both the accused and the victim of a crime,
one of the many difficult obstacles standing in the way of that person receiving legal aid. This
may improve the efficiency of data exchange across national boundaries. Knowing how these
barriers operate in a given context is crucial, in addition to the need to find solutions that are
generalizable across contexts. There is a need for both this knowledge and the ability to solve
problems.

Each jurisdiction has the potential and the obligation to raise the bar in terms of victim
compensation, legal representation, and ease of access to the justice system. The term "access" is
used in a variety of contexts, including those pertaining to the provision of legal services and the
payment of damages to victims of violent crime. A comprehensive approach that takes into
account all of these factors and that acknowledges good and effective practises could pave the
way for fruitful cooperation between states and professional legal organisations. One further
advantage of this method is that it saves time.

Difficulties on ethical, legal, economic, social, and political fronts could arise in the days, weeks,
months, and years ahead. The consequences of these threats to human life and civilization will be
far-reaching. Hundreds of people are currently making their way to Europe from Syria and other
countries in an effort to flee the violence there. It's unclear what Europe and other countries will
61
do about people who want to leave dangerous areas and their future in general. Europe's legal
and political framework that regulates international obligations to asylum seekers and binds
Europe's governments. Despite all the chaos and uncertainty, one thing is crystal clear: the
principles of justice and the rule of law remain and will remain of the utmost significance in the
face of these problems. Equally important going forward will be adhering to the international
commitments on access to justice and legal assistance that are set forth in the Principles of the
United Nations. Protecting and empowering millions, if not hundreds of thousands, of the
world's most disadvantaged people will depend on access to legal aid. This is a fact that can be
verified everywhere on the planet.

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