This page discusses the need to provide ‘effective representation’ to individuals facing the death penalty in Pakistan. This stems from the accused’s corresponding right to counsel from the moment of their arrest until their final clemency application. The right to effective legal representation is essential to secure a fair trial and entails defense lawyers upholding their duties and responsibilities as set out in the United Nations Basic Principles on the Role of Lawyers1 and the Pakistan Legal Practitioners and Bar Councils Rules 1976,2 which is detailed in Table 1. Accordingly, Section 1 explores the accused’s right to effective representation as an individual right and as an obligation on the State. Section 2 sets out best practices for defense lawyers to provide effective representation by ensuring strict adherence to the jurisprudence of Pakistan’s Supreme Court.

1. The Right to Effective Representation as a Tenet of a Fair Trial

According to the Constitution of Pakistan 19733 and provisions of international law,4 all persons detained or accused of a capital offence have the right to competent and effective legal counsel at all stages of criminal proceedings – immediately on arrest and during detention, during questioning, at preliminary stages of the proceedings, at trial, at appeal and through to clemency.

At all stages of a proceeding, the accused has:

  • The right to counsel
  • The right to be represented by a counsel of choice
  • The right to competent and effective legal aid
  • The right to adequate time and facilities to prepare a defense

1.1 Right to Counsel under Pakistani Law

While the Constitution of Pakistan does not specifically mention a right to effective representation, the right can be derived from an accused’s constitutional right to a fair trial.

The constitutional rights of defendants facing criminal charges include the right to a fair trial, the right to due process, and to have their case tried within reasonable time and without delay. These rights have been well documented in Pakistan’s jurisprudence and includes: the right to a fair hearing,5 the presumption of innocence,6 freedom from compulsory self-incrimination,7 the right to know the charges,8 adequate time and facilities to prepare a defense,9 the right to legal assistance,10 the right to examine witnesses,11 the right to an interpreter12 and the right to appeal in criminal cases.13 The Constitution of Pakistan 1973 is unequivocal in documenting these rights at Articles 4, 9, 10, 10-A, 12, 13, 14 and 25. Please see Table 2 for a comprehensive list of an accused’s rights under the Constitution.

Specifically, Article 10(1)14 of the Constitution of Pakistan ordains that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall they be denied the right to consult and be defended by a legal practitioner of their choice. This is reinforced by Article 10-A15 which declares the right to a fair trial itself as a fundamental right. This constitutional mandate is given effect by Section 340(1) Code of Criminal Procedure 1898 which stipulates that “any person accused of an offence before a criminal court, or against whom proceedings are instituted under this Code in any such court, may of right be defended by a pleader.”16

The courts of Pakistan have expounded on these principles while also specifying that the right to counsel is especially paramount in capital cases. The Sindh High Court has held:

“Most accused persons were laymen who had little, if any, knowledge of the law and in the absence of a defense counsel they are unable to adequately defend themselves. For example, during the examination-in-chief of a prosecution witness, the accused would not know which questions he could object to and which documents he could oppose being exhibited. Such inability on the accused’s part would lead to an unfair trial…Onus was on the Trial Court to ensure that an accused, in a trial of an offence carrying capital sentence, was represented by defense counsel throughout even if it was pauper counsel appointed by the court at State expense in order to protect his rights and ensure that he received a fair trial.”17

Another tenet of fair trial and due process is the notion of expeditious justice. In the words of the Supreme Court of Pakistan, “long delays in deciding matters did not sit well with the right to fair trial and due process guaranteed as a Fundamental Right under Article 10-A of the Constitution.”18 Likewise, according to the Peshawar High Court, “speedy and fair trial” is the “[f]undamental Right of every accused person” and “delay in prosecution of accused amounted to abuse of process of law…”19

1.2 Right to Counsel under International Law

Under international law, states have a heightened obligation in death penalty cases to ensure that any lawyer appointed to represent an accused is competent, effective, and both able and willing to represent the interests of the defendant.20 The UN Human Rights Committee specifies that states are required to ensure that capital defendants have adequate assistance of counsel at every stage of the proceedings “above and beyond” the protection afforded in non-capital cases.21 If the individual cannot afford to pay, such counsel must be assigned to them free of charge. The availability of legal assistance is imperative in determining whether an accused can access the relevant proceedings or participate in them in a meaningful way.22 It is a critical safeguard against coerced confessions, self-incriminating statements, torture and other ill-treatment.

The right to counsel is an important cornerstone of ensuring defendants have access to a fair trial. As part of a defendant’s fair trial rights, they are at a minimum entitled to effective representation.

Indeed, the UN Safeguards Protecting the Rights of Those Facing the Death Penalty also state:

“…capital punishment may only be carried out pursuant to a final judgement rendered by a competent court after legal process which gives all possible safeguards to ensure a fair trial, at least equal to those contained in article 14 of the International Covenant on Civil and Political Rights, including the right of anyone suspected of or charged with a crime for which capital punishment may be imposed to adequate legal assistance at all stages of the proceedings.”23

A full outline of the international standards around the right to counsel can be found at Table 3. As these standards create important corresponding rights for an accused, it is your duty to carefully examine this in order to uphold all rights of your client throughout their criminal proceedings.

1.3 Right to be Represented by a Counsel of Choice

The Courts of Pakistan have continually recognized the right to a fair trial and legal representation extends beyond just the right to counsel, to ensuring defendants have the right to be represented by a counsel of their own choice, especially in capital cases.

In Muhammad Shahid v. The State, the Lahore High Court, explained the principle in the following words:

“the Constitution of Islamic Republic of Pakistan, 1973 (amended up to date) also confers a Constitutional right which is inalienable to every citizen of Pakistan to have the services of legal practitioner of his own choice. Article 10(1) of the Constitution of the Islamic Republic of Pakistan embodied the “Miranda Rule” which has been drafted from Miranda v. Orizona 384 U.S. (1966), the Miranda Rule was formulated as follows:

  1. If a person is to be subjected to interrogation, the officers must inform him in unequivocal terms that he has a right to remain silent.
  2. There must be a warning that anything that the suspect says, can and will be used against him in a Court of law.
  3. The suspect has a right of counsel even during the investigation.
  4. If a person cannot afford a counsel, he must be provided one even during investigation, by the State.

Article 10(1) of the Constitution of Islamic Republic of Pakistan, 1973 is a reproduction of the same Miranda Warning…

From the above discussion, it follows that the accused is required to be defended by a counsel of his choice as a matter of right especially in cases of capital punishment, the law protects the right of the accused as a duty which cast upon the State to bear the expenses of Advocate if the accused is unable to engage an Advocate due to financial restraints. The concept of “counsel of his own choice” has very vast meanings. It is incumbent upon the State to provide the counsel to whom the accused reposed confidence and feels safe in his hand during the course of trial. If the government exchequer can bear the expenditure of paying heavy fee to the Public Prosecutor/Special Public Prosecutors to establish the clutches of guilt then if the same analogy is applied in the case of the accused persons, the responsibility of the State equally renders to pay the expenses of defense counsel to the accused persons to meet the ends of justice.”

In Ghulam Rasool Shah and another v. The State, the Supreme Court of Pakistan developed this right further to ensure that a defendant is provided adequate time to engage a counsel of their choice, failing which the Court must appoint a lawyer on state expense.

1.4 Right to Competent and Effective Legal Aid

The right to counsel, and counsel of one’s own choice, would be meaningless without a corresponding right to legal aid. The Constitution of Pakistan 1973 guarantees legal aid to an arrested person as their fundamental right.24 The State’s duty to provide free legal aid to an accused facing criminal charges is encapsulated in Volume 3 of the High Court Rules and Orders (Lahore).25 Part C of Chapter 24 provides guidelines for the appointment of a legal counsel at State expense where the accused is unrepresented by a private counsel at trial.26

This right also extends to proceedings before the appellate court. After the conclusion of his/her trial, if the accused has been convicted of a capital offence and confirmation of the sentence has been referred by the Trial Court to the relevant High Court under Section 374 of the Code of Criminal Procedure,27 the Court is required to appoint a legal counsel at the State’s expense in accordance with Volume 5 of the High Court Rules and Orders (Lahore).28 Similarly, the accused is entitled to legal representation where an appeal has been filed against the order of the Trial Court.29

Over the years, the Pakistani courts have outlined several principles that the Court must uphold when appointing a defense counsel at the Government’s expense.

These principles have been summarized by the Lahore High Court in the following words:

ii. The facility of defense counsel is available to every accused person. However, in cases where the accused persons have defenses which are not only different but are also opposed to each other, the court should appoint a separate lawyer for every individual.

iii. The court should ensure that the lawyer appointed to undertake the defense is competent enough to effectively and meaningfully represent the accused. The practice of appointing raw and junior advocates to defend the accused in capital sentence cases is disapproved.

iv. Once the court appoints a counsel it should see that he performs his/her duty effectively and to its satisfaction.

v. The appointment should be made well in time to enable the counsel to study the case. Even a counsel of high caliber cannot be expected to prepare defense in a murder case without sufficient time and necessary material. The practice of appointing a defense counsel on the day of the trial is deprecated.

vi. If the accused has already engaged a private counsel, his absence on one occasion is no ground for appointment of a defense counsel at State expense. However, where that counsel is continuously not putting up appearance, the Court must appoint a defense counsel.

vii. The State counsel must know the language of the accused whom he is to represent so that they may communicate with each other.”30

Flowing from the above is the need for clients to understand the charges against them as well as the proceedings in court. It is imperative for counsel to determine their client’s native language and level of fluency. Lawyers, as part of the justice system, have an obligation to uphold the principle that everyone has a right to be informed of the charges against them in a language that they understand or to be assisted by an interpreter in court.

As a capital defense lawyer, you should:

  • Know your client’s native language to aid in communication or have a translator present when meeting your client
  • Ensure that your client understands the charges against them
  • Ensure that your client understands the proceedings in court
  • Ensure that your client is assisted by an interpreter in court where their native language differs from the language in which proceedings are conducted

1.5 Right to ‘Adequate Time and Facilities’ to Prepare a Defense

As per Article 14 of the ICCPR, defendants are entitled to have “adequate time and facilities” to prepare their defense, which is a right that directly extends to their defense lawyers.31 The need for adequate time has been acknowledged by the Lahore High Court which held the “right to be defended by a pleader is a statutory right of the accused, particularly in a charge entailing capital punishment. Right cannot be abridged by appointment of a counsel a day or two before trial.”32 The right to sufficient time also applies to the appeal stage. Capital defense lawyers are entitled to have adequate time between the date of a conviction and the date of an execution in order to prepare and complete a client’s appeals.33

As a capital defense lawyer, you should:

  • Request the court grant sufficient time and facilities to investigate your client’s case, gather evidence and prepare their defense, whether at trial or at appeal
  • On appeal, request the court grant adequate time between the date of your client’s conviction and the date of their execution in order to prepare and submit your client’s appeal

2. Best Practices to Ensure Effective Legal Representation in Capital Cases

As a capital defense lawyer, your responsibility to provide effective representation to your clients goes “above and beyond” your duty in non-capital cases.34 The legal principles enshrining the right to effective representation in international and Pakistani law is covered in detail in the previous section. This section briefly sets out the best practice standards that can help you fulfill the accompanying duties to your client’s rights, including building an effective lawyer-client relationship, upholding your client’s fair trial rights, investigating your client’s case, and finally, developing a solid case theory.

At the outset, the duties of state-appointed lawyers to provide effective representation are no different from those of private lawyers. Moreover, effective representation is also not just limited to the trial phase. The accused also have an established right to be assisted by counsel on appeal, including the right to free legal aid on appeal.35 Even if you do not represent your client on appeal, you must immediately inform any successor counsel of the procedural status of the case, including whether an appeal has been filed.

As a starting point, you should:

  • be independent and free to advocate zealously on behalf of your client
  • have experience and competence commensurate to the nature of the offence
  • limit caseloads to a level at which you are able to provide high quality representation
  • ensure you have adequate resources to enable you to provide a competent defence; and
  • remain aware of your professional obligations under thePakistan Legal Practitioners and Bar Councils Rules, 1976 and UN Basic Principles on the Role of Lawyers, highlighted in Table 1

2.1 Building an Effective Lawyer-Client Relationship

In order to provide effective representation, it is fundamental that you develop and maintain an effective lawyer-client relationship. This is especially critical in death penalty cases. Effective communication with your client will help you frame a theory of the case and develop a mitigation strategy. Establishing a positive and trusting relationship with your client can also have an impact on how the judge views your client. If you have a warm and friendly relationship with your client, you will be better able to humanize your client in the eyes of the court, which will also aid in introducing mitigating factors to the court.

You may find that establishing a good working relationship with a defendant in a capital case is a challenge. Defendants in capital cases are isolated from non-capital prisoners and from their family and friends, and are often living in agonizing conditions. They will often have suffered several hardships in life that brought them to this point, and under these circumstances, may be understandably frustrated and mistrusting. However, you can overcome these barriers to build the trust of your clients in a professional manner by taking the following measures:36

  1. Communicating effectively and consistently with your client: It is critical that you keep your client informed of the procedural status of their case and any substantive developments. In Pakistan, where prisoners often have limited means by which they can contact those outside of the prison, this also means that you let them know clearly how frequently they can expect to hear from you.
  1. Treating them with respect and professionalism: An important part of professionalism is respecting a client’s right to confidentiality and avoiding conflicts of interest. Your client will only disclose personal and painful facts necessary for an effective defense strategy if they trust you. Every time you communicate with your client you should inform them of their right to confidentiality and the limitations to that right.37
  1. Managing their expectations honestly: As part of your professional obligations, it is important for you to avoid guaranteeing outcomes for your client, whether positive or negative. Rather, you should state the probabilities of success/failure for a given step in their case, and only when you are confident of those probabilities.

2.2 Upholding your Client’s Rights

As a capital defense lawyer, a key part of effective representation will be protecting your client’s fair trial rights, as discussed earlier on this page. This is especially important if you are appointed during the trial stage but also on appeal. Once you are appointed, it is critical to meet with your client as soon as possible. On meeting the client, you will be able to uncover crucial preliminary details about whether their fair trial rights are being respected.

Figure 1 below sets out a number of questions you can ask in your initial meeting with your client to set out whether their fair trial rights under international law and the Constitution of Pakistan have been violated.

Figure 1. Questions to ask your client to determine whether their fair trial rights have been violated

An accused has additional rights under the Prisons Act 1894 and the Pakistan Prison Rules 1978:

  • The right to be secure in one’s person and to be free from torture or cruel, inhumane or degrading treatment, including prolonged solitary confinement
  • The right to be held separate from convicted persons and detainees of the opposite sex
  • The right to be held separate from adults (in case of juveniles)
  • The right to be free from discrimination of all types, including freedom to practice religion
  • The right to proper living quarters, including sleeping and bathroom facilities
  • The right to adequate recreational facilities
  • The right to proper working conditions
  • The right to medical care
  • The right to food with nutritional value, prepared to maintain physical and mental health
  • The right to have confidential contacts with legal counsel
  • The right to have contact with family members and friends

An accused has additional rights under the Prisons Act 1894 and the Pakistan Prison Rules 1978:

  • The right to be secure in one’s person and to be free from torture or cruel, inhumane or degrading treatment, including prolonged solitary confinement
  • The right to be held separate from convicted persons and detainees of the opposite sex
  • The right to be held separate from adults (in case of juveniles)
  • The right to be free from discrimination of all types, including freedom to practice religion
  • The right to proper living quarters, including sleeping and bathroom facilities
  • The right to adequate recreational facilities
  • The right to proper working conditions
  • The right to medical care
  • The right to food with nutritional value, prepared to maintain physical and mental health
  • The right to have confidential contacts with legal counsel
  • The right to have contact with family members and friends

In addition to the above fair trial rights guaranteed by the Constitution of Pakistan and international law, an accused who is imprisoned has several, independent rights during incarceration that have been guaranteed by the Prisons Act 189438 and Pakistan Prison Rules 1978.39

Even on the question of representation, while at the moment, ineffective representation is not a separate ground for appeal in Pakistan, there is some precedent at the Supreme Court of India that can provide guidance. There, this issue has been successfully raised where it has been demonstrated that there has been a serious lapse in representation at the lower courts which could not be rectified. For example, in a recent instance the Supreme Court of India set aside a conviction in a prominent death penalty case and ordered a de novo trial on the basis of ineffective representation.40

As a capital defense lawyer appointed for appellate proceedings, you should:

  • Investigate whether your client was provided effective representation at trial or at the High Court
  • Ascertain whether lack of effective representation compromised your client’s right to a fair trial
  • Determine whether lack of effective representation at trial or High Court could aid your client’s grounds for appeal

2.3 Preparing your Defense: Defense-Led Investigation

In preparing a strong defense case, it is your duty to firstly examine all relevant legal standards and relevant jurisprudence (those relevant to the death penalty are detailed in this manual). Adherence to precedent of the Supreme Court is a constitutional duty of all lower courts as per Article 189 of the Constitution of Pakistan. As a capital defense lawyer, therefore, you must remain vigilant to ensure that your client’s defense case is based on favourable judicial precedent. In addition to this, one of the most important ways to ensure you are effectively representing your client is to thoroughly investigate the facts of the alleged crime, the circumstances in which they occurred, and the background of the accused, in order to develop the case theory that is in your client’s best interests.

Key components to a defense-led investigation:

  • Investigate whether your client is ineligible for a sentence of death
  • Independently investigate the evidence produced by the prosecution, including witness statements
  • Interview your client’s family, friends, co-workers and community workers to uncover mitigating evidence
  • Investigate the circumstances surrounding the crime and arrest as well as factors that may have diminished your client’s capacity at the time
  • Investigate whether your client has been suffering from a mental illness or an intellectual / learning disability
  • Investigate your client’s and their family’s socio-economic circumstances prior to the alleged commission of crime

It is critical not to rely solely on the evidence produced by a police investigation and the prosecution as they may often leave out evidence that could assist in a defense strategy or produce evidence that is itself tainted. A thorough investigation will allow you to search for potential fair trial rights violations as discussed above, problems with the police investigation and other evidentiary issues. It also gives you an opportunity to uncover witnesses and crucial evidence in support of your defense strategy. A key to leading a thorough investigation is building a relationship with your client as described in the above section, so that your client will be more willing to share information that could point you to fruitful avenues for investigation including their friends, family, co-workers and community workers.

Defense-led investigations are especially critical when you are seeking to avoid or challenge a death sentence, as you will need to gather mitigating evidence. In a capital case, where your client’s life is at stake, you have an added responsibility to ensure that you conduct a thorough investigation of the crime and your client’s personal background in an effort to convince the judge that your client – even if guilty – does not merit the death penalty.41 Mitigating factors are discussed at length under ‘Defence-Led Investigation’, but in essence, they are factors which lessen the severity or culpability of your client’s alleged crimes. Mitigating evidence is presented to humanize the defendant in order to lessen his sentence. In presenting such evidence, your goal is to show that your client is less culpable and should not be awarded the death penalty. You will not be excusing your client’s guilt, but rather presenting compassionate factors for a reduced punishment. Mitigating evidence, therefore, serves to explain the defendant’s behavior and can include any aspect of his character or background that would call for a sentence less than death.42

Investigations are also necessary to determine whether your client may be ineligible for the death penalty. Under Pakistani law, there are certain bars to the death sentence which are discussed under ‘Defence-Led Investigation’. Without a defense-led investigation, your client’s inclusion in a category that bars them from receiving the death sentence may be overlooked.

In order to conduct investigations that meet the standards of effective representation, you may be required to consult with investigators as well as experts such as psychologists, depending on the facts of the case. Where investigators are unavailable, paralegals, law students, or non-governmental organizations may be able to assist. Where psychiatrists/psychologists are unavailable, nurses and others with mental health training may be useful.43

2.4 Preparing your Defense: Developing an Effective Case Theory

Following your investigation of your client and the crime she/he has been accused of, you will have to give significant consideration to your trial and appeal strategy. This involves developing a theory of the case that will give your defense its overall shape and will ensure that your client’s defense is consistent and believable. This theory will develop as you conduct investigation and gather relevant information.

Through your investigation, you will have discovered various facts related to the crime and your client and your theory should tie all relevant facts of the case into a single, unified narrative. You should analyze all the facts and legal arguments that you might present in light of relevant Supreme Court jurisprudence detailed in this website, and select the theory of the case that best fits every element. You may find the following points useful to developing an effective case theory:

  • Your case theory should best serve your client’s interests. This requires you to choose facts and legal arguments carefully so as not to compromise your client’s defense.
  • Your case theory must be simple to understand for an average person, while presenting a narrative that accounts for every piece of evidence that will be presented during court proceedings.44
  • You should also be careful to formulate a single consistent theory that will be reinforced at both the guilt and mitigation phases of trial and appeal. If you offer multiple competing theories, the judge will not know which theory of the case to believe. Instead, focus on one, singular narrative theory of the case and make your presentation of the evidence consistent with that theory.45
  • You should make sure to introduce concepts that will be important in mitigating a possible death sentence as early as possible. For example, if your client suffers from mental health issues, you should introduce evidence relevant to mental health at trial.46
  • You should be able to state the theory of the case concisely. A concise and simple statement of your theme can be repeated throughout the trial, during your arguments and presentation of evidence. Repetition of a simple theme will help the judge remember your theory of the case.47

Figure 2 below sets out some preliminary lines for inquiry that all capital defense lawyers should pursue when conducting investigations for a client’s case.

Table 1: The Pakistan Legal Practitioners and Bar Councils Rules, 1976

The Pakistan Legal Practitioners and Bar Councils Rules, 197648

Duties and responsibilities
12. Lawyers shall at all times maintain the honour and dignity of their profession as essential agents of the administration of justice.
13. The duties of lawyers towards their clients shall include:
(a) Advising clients as to their legal rights and obligations, and as to the working of the legal system in so far as it is relevant to the legal rights and obligations of the clients;
(b) Assisting clients in every appropriate way, and taking legal action to protect their interests;
(c) Assisting clients before courts, tribunals or administrative authorities, where appropriate.
14. Lawyers, in protecting the rights of their clients and in promoting the cause of justice, shall seek to uphold human rights and fundamental freedoms recognized by national and international law and shall at all times act freely and diligently in accordance with the law and recognized standards and ethics of the legal profession.
15. Lawyers shall always loyally respect the interests of their clients.

Qanun-e-Shahadat Order, 198450

Rule 134It is the duty of every Advocate to uphold at all times the dignity and high standing of his profession, as well as his own dignity and high standing as a member thereof.
Rule 147An advocate shall not accept professional employment without first disclosing his relation, if any, with the adverse party, and his interest, if any in the subject matter of such employment.
Rule 148An advocate shall not represent conflicting interests.
Rule 150An advocate shall not commingle the property of client with his own, and shall promptly report to the client the receipt by him of any money or other property belonging to such client.
Rule 151An advocate shall not advise the commencement of prosecution or defense of case, unless he has been consulted in reference thereto, except when his relation to a party or to the subject matter is such as to make proper for him to do so.
Rule 153It is the right of an advocate to undertake the defense of a person accused of crime, regardless of his personal opinion, as distinguished from knowledge as to the guilt of the accused; otherwise, innocent persons and victims merely of suspicious circumstances might be denied proper defense. Having undertaken such defense, as advocate is bound by all fair and honorable means, to present every defense that the law of the land permits, to the end that no person may be deprived of life or liberty, except by the process of law.
Rule 156Nothing operates, more certainly to create or foster popular prejudice against advocates as a class, and to deprive the profession of that full measures of public esteem and confidence which belongs to the proper discharge of its duties than does the false claim, often set up by the unscrupulous in defense or questionable transactions, that it is the duty of the advocate to do whatever may enable him to succeed in winning his client’s cause. It is improper for an advocate to assert in argument his personal belief in the client’s innocence or in the justice of his cause. His professional duty is strictly limited to making submissions at the Bar consistently with the interest of his client. An advocate owes entire devotion to the interests of the client, warm zeal in the maintenance and defense of his rights and the exertion of his utmost learning and ability to the end that nothing be taken or be withheld from him save by rules of law legally applied. No fear of judicial disfavor or public unpopularity should restrain him from the full discharge of his duty. In the judicial forum the client is entitled to the benefit of any and every remedy and defense that is authorized by the law of the land, and he may except his advocate to assert every such remedy or defense. But it is steadfastly to be borne in mind that the great trust of the advocate is to be discharged within and not without the bounds of the law. The office of an advocate does not permit, much less does it demand of him for any client, the violation of any law or any manner of fraud or chicanery. In doing his professional duty to his client he must obey the voice of his own conscience and not that of his client.
Rule 160An advocate shall not advise a person, whose testimony could establish or tend to establish a material fact, to avoid service of process, or conceal himself or otherwise to make his testimony unavailable.
Rule 175-ANon observance or violation of the canons of professional conduct and etiquette mentioned in this chapter by an advocate shall be deemed to be professional misconduct making him liable for disciplinary action.

Table 2: The Accused’s Fundamental Rights under the Constitution of Pakistan

The Constitution of Pakistan, 197351

Article 4
Right of individuals to be dealt with in accordance with law		(1) To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Pakistan.

(2) In particular:
(a) no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law;
(b) no person shall be prevented from or be hindered in doing that which is not prohibited by law; and
(c) no person shall be compelled to do that which the law does not require him to do.
Article 9
Security of person		No person shall be deprived of life or liberty save in accordance with law.
Article 10
Safeguards as to arrest and detention		(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall he be denied the right to consult and be defended by a legal practitioner of his choice.
(2) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours of such arrest, excluding the time necessary for the journey from the place of arrest to the court of the nearest magistrate, and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
(3) Nothing in clauses (1) and (2) shall apply to any person who is arrested or detained under any law providing for preventive detention.
...
Article 10-A
Right to fair trial		For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.
Article 12
Protection against retrospective punishment		(1) No law shall authorize the punishment of a person:
(a) for an act or omission that was not punishable by law at the time of the act or omission; or
(b) for an offence by a penalty greater than, or of a kind different from, the penalty prescribed by law for that offence at the time the offence was committed.

(2) Nothing in clause (1) or in Article 270 shall apply to any law-making acts of abrogation or subversion of a Constitution in force in Pakistan at any time since the twenty-third day of March, one thousand nine hundred and fifty-six, an offence.
Article 13
Protection against double punishment and self-incrimination		No person:
(a) shall be prosecuted or punished for the same offence more than once; or
(b) shall, when accused of an offence, be compelled to be a witness against himself.
Article 14
Inviolability of dignity of man		(1) The dignity of man and, subject to law, the privacy of home, shall be inviolable.
Article 25
Equality of citizens		1) All citizens are equal before law and are entitled to equal protection of law.

(2) There shall be no discrimination on the basis of sex.

(3) Nothing in this Article shall prevent the State from making any special provision for the protection of women and children.

Table 3: International Standards on Right to Counsel in Capital Cases

UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems 201352

Principle 6
Non-discrimination		26. States should ensure the provision of legal aid to all persons regardless of age, race, colour, gender, language, religion or belief, political or other opinion, national or social origin or property, citizenship or domicile, birth, education or social status or other status.
Principle 7
Prompt and effective provision of legal aid		28. Effective legal aid includes, but is not limited to, unhindered access to legal aid providers for detained persons, confidentiality of communications, access to case files and adequate time and facilities to prepare their defense.
Guideline 4
Legal aid at pre-trial stage		44. To ensure that detained persons have prompt access to legal aid in conformity with the law, States should take measures:
(a) To ensure that police and judicial authorities do not arbitrarily restrict the right or access to legal aid for persons detained, arrested, suspected or accused of, or charged with a criminal offence, in particular in police stations;
(b) To facilitate access for legal aid providers assigned to provide assistance to detained persons in police stations and other places of detention for the purpose of providing that assistance;
(c) To ensure legal representation at all pretrial proceedings and hearings;
(d) To monitor and enforce custody time limits in police holding cells or other detention centres, for example, by instructing judicial authorities to screen the remand caseload in detention centres on a regular basis to make sure that people are remanded lawfully, that their cases are dealt with in a timely manner and that the conditions in which they are held meet the relevant legal standards, including international ones;
(e) To provide every person, on admission to a place of detention, with information on his or her rights in law, the rules of the place of detention and the initial stages of the pretrial process. Such information should be provided in a manner that corresponds to the needs of illiterate persons, minorities, persons with disabilities and children and be in a language that the person in need of legal aid understands. Information provided to children should be provided in a manner appropriate for their age and maturity. The 16 United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems information material should be supported by visual aids prominently located in each detention centre;
(f) To request bar or legal associations and other partnership institutions to establish a roster of lawyers and paralegals to support a comprehensive legal system for persons detained, arrested, suspected or accused of, or charged with a criminal offence, in particular at police stations;
(g) To ensure that every person charged with a criminal offence has adequate time, facilities and technical and financial support, in case he or she does not have sufficient means to prepare his or her defense and is able to consult with his or her lawyer in full confidentiality.
Guideline 5
Legal aid during court proceedings		45. To guarantee that every person charged with a criminal offence for which a term of imprisonment or capital punishment may be imposed by a court of law has access to legal aid in all proceedings at court, including on appeal and other related proceedings, States should introduce measures:
(a) To ensure that the accused understands the case against him or her and the possible consequences of the trial;
(b) To ensure that every person charged with a criminal offence has adequate time, facilities and technical and financial support, in case he or she does not have sufficient means, to prepare his or her defense and is able to consult with his or her lawyer in full confidentiality;
(c) To provide representation in any court proceedings by a lawyer of choice, where appropriate, or by a competent lawyer assigned by the court or other legal aid authority at no cost when the person does not have sufficient means to pay and/or where the interests of justice so require;
(d) To ensure that the counsel of the accused is present at all critical stages of the proceedings. Critical stages are all stages of a criminal proceeding at which the advice of a lawyer is necessary to ensure the right of the accused to a fair trial or at which the absence of counsel might impair the preparation or presentation of a defense;
(e) To request bar or legal associations and other partnership institutions to establish a roster of lawyers and paralegals to support a comprehensive legal system for persons detained, arrested, suspected or accused of, or charged with a criminal offence; such support could include, for example, appearing before the courts on fixed days;
(f) To enable, in accordance with national law, paralegals and law students to provide appropriate types of assistance to the accused in court, provided that they are under the supervision of qualified lawyers;
(g) To ensure that unrepresented suspects and the accused understand their rights. This may include, but is not limited to, requiring judges and prosecutors to explain their rights to them in clear and plain language.

International Covenant on Civil and Political Rights (ICCPR)53

Article 92. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement.

4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.
Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proven guilty according to law.

3. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail in a language which he understands of the nature and cause of the charge against him;
(b) To have adequate time and facilities for the preparation of his defense and to communicate with counsel of his own choosing;
(c) To be tried without undue delay;
(d) To be tried in his presence, and to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;
(f) To have the free assistance of an interpreter if he cannot understand or speak the language used in court;
(g) Not to be compelled to testify against himself or to confess guilt.

4. In the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation.