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" RIGHT TO FAIR TRIAL   RIGHT TO FAIR TRIAL   [A newly inserted Fundamental Right under the Constitution of Pakistan]   By   M. Zeeshan Abdullah, Advocate, Karachi   A newly inserted Fundamental Right; Article 10-A, Chapter-I, Constitution of Islamic Republic of Pakistan, 1973, by virtue of (Eighteeth Amendment) Act, 2010, is a world-wide well recognized and acknowledged right. An overview of the Right to Fair Trial is as under:   The "right to fair trial" is seen as an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict quashed.   The right is enshrined in numerous declarations which represent customary international law, such as the Universal Declaration of Human Rights (UDHR).Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, the Sixth Amendment to the United States Constitution, and Article 6 of the European Convention of Human Rights, as well as numerous other constitutions and declarations throughout the world. The aim of the right is to ensure the proper administration of justice.   Though the UDHR enshrines some fair trial rights, such as the presumption of innocence until the accused is proven guilty, in Articles 6, 7, 8 and 11, the key provision is Article 10 which states that:   "Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him."   Some years after the UDHR was adopted it was decided that the right to a fair trial should be defined in more detail in the…
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