The vires of pre-charge terror detention in Pakistan and the UK : a liberal critique and comparison

• Main Author: Fayaz, Muhammad
• Published: University of Central Lancashire 2018
• Subjects: 340; M200 - Law by topic
• Online Access: https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.762458

This research examines the treatment of terror detainees during pre-charge detention in Pakistan and the UK. Pakistan is the principal focus and the UK acts as a comparator thereto. Suspected terrorists are more vulnerable to maltreatment during pre-charge detention. Their vulnerability increases more in a country like Pakistan where more than 60,000 people have died in various terrorist attacks. Arguably, there is no case-study on the topic in Pakistan and the UK has not been used as a comparator. This scholarship, therefore, attempts to fill the gap by evaluating the treatment of terror detainees during pre-charge detention in Pakistan by using relevant human rights law and principles as a yardstick and the UK as a comparator to the main case. This scholarship uses liberal critique research methodology assessing pre-charge terror detention in the following six themes: the period of pre-charge terror detention; police interrogation and questioning; internal police review mechanisms; police records; the rights of a terror suspect to contact the outside world; and the detention conditions. The relevant anti-terror legislation of the two countries will be used to find the law on the topic. The related provisions in the UDHR, ICCPR and UNCAT will also be used to find out how we ought to treat terror detainees in a criminal justice system. The results show that the UK fulfils most of its human rights obligations, while Pakistan does not. The UK provides a maximum period of 14 days for pre-charge detention, while Pakistan has 90 days. A terror suspect can be interrogated for up to two hours at a time in the UK, while police interrogation sessions in Pakistan are unlimited. The UK includes internal police review mechanism as a check on the special powers of the police, while there is no such arrangement in Pakistan. The countries also differ in their police records, the rights of a terror suspect to contact the outside world and the detention conditions. Consequently, Pakistan can arguably learn from the UK's experience on the topic.