The need to write a blog on this topic has arisen because many times it has been felt that the accused does not know his rights and that is why he is deprived of his basic rights due to social degradation, abuse of power and lawlessness.So, through this blog we’ll try to understand about the rights of the accused person according to Islamic law, Pakistani law and international law with the help of different case laws.
Most of the time we take accused in meaning of convicted so firstly let’s try to know the difference between them.An accused person is someone who has been charged with a crime but has not yet been proven guilty in a court of law.Under legal principles, an accused individual is presumed innocent until proven guilty.A convicted person is someone who has undergone a trial and has been proven guilty of the charges against them.A conviction occurs when the court determines, based on evidence and legal proceedings that the accused has committed the crime.However, a convicted individual still has legal rights, including the right to appeal the decision if there are valid grounds for a review of the case.
Rights of the Accused Person in Islamic Law
Islamic law (Shariah) is deeply rooted in justice (Adl) and compassion (Rahma).The Quran, Hadith and khulafah e Rashedeen provide clear guidelines on the treatment of accused persons, emphasizing fairness, due process and protection from wrongful conviction.
1) Presumption of Innocence
Islam upholds the principle that “A person is innocent until proven guilty” (Al-Bara’ah Al-Asliyyah).The Prophet Muhammad (PBUH) said: “If people were given according to their claims, some would claim the wealth and lives of others But the burden of proof is upon the claimant and the taking of an oath is upon the one who denies.” (Sunan Al-Bayhaqi).
2) Protection from False Accusation and Injustice
The Quran condemns false accusations: “And do not conceal testimony, for whoever conceals it, his heart is indeed sinful.” (Surah Al-Baqarah 2:283).False accusations, particularly in cases of zina (adultery) require four eyewitnesses. (Surah An-Nur 24:4).
3) Protection from Torture and Coerced Confessions
The Prophet (PBUH) prohibited forced confessions: “Allah has forgiven my followers for what they do by mistake or under duress or out of forgetfulness.” (Sunan Ibn Majah).
4) Right to Legal Defense
The accused has the right to defend themselves and appoint a representative (lawyer or wakil).
5) Punishment Based on Certainty (Hudood Laws)
Islam follows the principle of “Doubt removes punishment” (Hadith: Sunan al-Tirmidhi), meaning if there is any doubt, punishment should not be given
Rights of the Accused Person in Pakistani Law
Pakistani law is influenced by Islamic principles, British common law and international human rights obligations.The Constitution of Pakistan (1973) guarantees several fundamental rights to the accused person.
1) Presumption of Innocence (Article 4 and 10A)
Every accused person is presumed innocent until proven guilty beyond a reasonable doubt.
2) Right to Legal Representation (Article 10A)
The accused has the right to hire a lawyer, and if they cannot afford one, the state provides legal aid.
3) Protection from Arbitrary Arrest and Detention (Article 10)
No one can be arrested without a legal warrant and an arrested person must be presented before a magistrate within 24 hours.
4) Right to a Fair Trial (Article 10A and Criminal Procedure Code)
Courts must conduct trials fairly and without unnecessary delay.
5) Right Against Self-Incrimination (Article 13)
The accused cannot be forced to confess under duress, torture or coercion.
6) Protection from Torture (Article 14 and PPC 337-K)
Torture and degrading treatment are prohibited.Police officials can be punished for using force to extract confessions.
7) Right to Cross-Examine Witnesses (Qanun-e-Shahadat Order, 1984)
The accused has the right to challenge evidence and question witnesses presented against them.
8) Protection Against Double Jeopardy (Article 13-A)
A person cannot be tried or punished twice for the same offense
Rights of the Accused Person in International Law
International law provides a universal framework for the protection of accused persons, ensuring justice and human dignity.The Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR) and European Convention on Human Rights (ECHR) establish legal safeguards.
1) Presumption of Innocence (Article 11, UDHR and Article 14, ICCPR)
No one shall be considered guilty until proven so by a competent court.
2) Right to Legal Representation (Article 14, ICCPR)
Every accused person has the right to legal aid and a defense lawyer.
3) Protection Against Arbitrary Detention (Article 9, ICCPR)
No one shall be arrested or detained unlawfully.Detainees must be informed of the charges against them and have the right to challenge their detention.
4) Right to a Fair and Public Trial (Article 6, 7 ECHR and Article 14, ICCPR)
Trials must be conducted fairly, publicly and within a reasonable time.Judges must be independent and impartial.
5) Protection from Torture and Forced Confessions (Article 5, UDHR and Convention Against Torture, 1984)
Torture and inhumane treatment are strictly prohibited.
6) Right to Cross-Examine Witnesses (Article 14, ICCPR)
The accused has the right to examine prosecution witnesses and present their own defense
Bar Graph: Common Voilation of Rights of the Accused Person
| Violation of Rights | Frequency (%) |
|---|---|
| Arbitrary Detention | 40% |
| Denial of Legal Counsel | 30% |
| Forced Confession | 20% |
| Unfair Trial | 10% |
(Source: Human Rights Watch and Amnesty International)
How Society Treats an Accused Person
The way society treats an accused person can significantly impact their mental health, legal proceedings and reintegration if found not guilty.Many people assume that if someone is accused, they must have done something wrong.This social presumption of guilt can lead to discrimination, alienation and even violence.
For Examples: In Pakistan and many South Asian countries, accused individuals (especially in blasphemy or honor-related cases) are often judged harshly by the public before trial and sometimes leading to extrajudicial killings.
The media plays a crucial role in shaping how society views an accused person.News channels, social media and newspapers often present accused individuals in a negative light, leading to public outrage and prejudice.Viral posts and fake news can worsen the accused’s situation, sometimes leading to public harassment or vigilante justice.Accused persons often face social isolation, As family, friends and colleagues distance themselves due to fear of association.Even if found innocent, society often does not accept them back fully, leading to long-term damage to their reputation and career.Many employers refuse to hire someone with a criminal accusation, even if acquitted.Accused individuals suffer from depression and anxiety due to societal pressure.Women Face character assassination and are often blamed for their own victimization.
How Society Should Treat an Accused Person
Instead of judging prematurely, society should respect the Legal Process, allow courts to decide guilt or innocence.Avoid Spreading Misinformation, Verify facts before sharing news.Support Mental Well-being of the Accused individuals, especially if innocent, need emotional support.Promote Reintegration If found innocent or after serving their sentence, accused persons should be allowed to rebuild their lives.
How an Accused Person Can Claim Their Rights
An accused person has fundamental rights under Islamic law, Pakistani law,and international legal frameworks to ensure they receive a fair trial, humane treatment and legal protection.Claiming these rights involves understanding the legal process, seeking proper legal representation and utilizing available judicial mechanisms.
1) Seeking Legal Assistance
Hire a legal expert which can help in bail applications, defense strategies and appeals.Request Free Legal Aid.In Pakistan, public defenders or human rights organizations (like AGHS, Legal Aid or PILER) provide free legal support to those who cannot afford a lawyer.
2) Challenging Unlawful Detention
File a Habeas Corpus Petition If unlawfully detained, the accused can approach the High Court under Article 199 of the Constitution to demand release.Complain to Human Rights Commissions (The Pakistan Human Rights Commission (HRCP) and UN Human Rights Committee) which handles unlawful arrests and detentions.
3) Applying for Bail
Submit a Bail Petition under Section 496 CrPC if the offense is bailable.For non-bailable offenses, apply for pre-arrest or post-arrest bail through Section 497 CrPC.
4) Protection Against Forced Confessions & Torture
If tortured in custody, the accused can file a complaint under the Police Order 2002 or approach the Human Rights Commission of Pakistan (HRCP) and accused can demand a judicial medical officer’s (JMO) report as evidence.
5) Ensuring a Fair Trial
The accused has the right to an open court trial (unless the case is sensitive, such as sexual offenses).If the trial seems unfair, the accused can petition for a change of venue or judge.
6) Right to Appeal
If convicted unfairly, the accused can appeal to the High Court and Supreme Court under Article 185 of the Constitution.
7) Seeking International Protection
If domestic remedies fail, the accused can file complaints with international bodies such as United Nations Human Rights Council (UNHRC), Amnesty International and International Court of Justice (ICJ).
Case Laws
Here are some important case laws related to the rights of the accused under Islamic law, Pakistani law and international law:
1) Case of Hazrat Ali (RA) and the Stolen Armor
Background: A Jewish man was accused of stealing Hazrat Ali’s (RA) armor.
Decision: Hazrat Ali (RA), as the Caliph, presented his case in court but failed to provide two witnesses, so the judge ruled in favor of the Jewish man.
Principle: This case shows the Islamic principle of due process, where even a ruler cannot convict someone without sufficient evidence.
2) Muhammad Bashir vs The State (PLD 2015 SC 207)
Right Violated: Protection against arbitrary arrest and detention.
Judgment: The court ruled that law enforcement agencies must follow due process and cannot detain an accused without proper evidence or legal justification.
3) Salman Akram Raja vs Government of Punjab (PLD 2018 SC 178)
Right Violated: Right to legal representation and protection from police torture.
Judgment: The Supreme Court ordered strict action against law enforcement officers involved in torture and emphasized that the accused must be allowed legal counsel.
4) Gideon vs Wainwright (USA, 1963)
Right Violated: Right to legal counsel (6th Amendment, U.S Constitution).
Judgment: The U.S Supreme Court ruled that an accused person has the right to a lawyer even if they cannot afford one.
5) International Criminal Tribunal for Rwanda (ICTR 1998)
Right Violated: Protection from torture and inhumane treatment (UN Convention Against Torture).
Judgment: The ICTR ruled that even during war, accused individuals must be treated fairly and cannot be tortured for confessions.
Call to Action (What Can We Do?)
Justice is not just about punishing the guilty, it is also about protecting the rights of the accused person.It is our duty as a society to safeguard their fundamental rights and such societies that protects the rights of the accused, ensures that justice is truly served.
1) Raise Awareness
Educate others about the rights of the accused person.Use social media, community discussions and educational programs to highlight these rights.
2) Advocate for Fair Trials
Support legal reforms that prevent forced confessions, torture and unfair trials.Encourage institutions to uphold Article 10-A of Pakistan’s Constitution, which guarantees the right to a fair trial.
3) Support Legal Aid Programs
Many accused individuals, especially those from marginalized communities, cannot afford lawyers.Donate to or volunteer for legal aid organizations that provide free legal assistance.
4) Hold Authorities Accountable
If you witness or hear about violations of an accused person’s rights, speak up.Report misconduct by police, prosecutors or courts to human rights organizations and legal authorities.
5) Push for Judicial Reforms
Demand strict enforcement of due process and fair trial rights.Advocate for independent judiciary, police accountability and proper implementation of human rights laws.
Take action today! Speak up, educate and advocate for fair treatment of all accused individuals.
Author
Syed Raza ul Hassan
Member Pakistan Youth Parliament