Due Process Violations In Death Penalty Cases Against The Poor And Marginalized In Pakistan

Abstract

The administration for the death penalty in Pakistan often features procedural shortcomings affecting marginalized communities and the poor disproportionately. Due process systemic violations in capital cases reflect socio-economic inequalities within the legal system sincethey are not isolated. Even with the constitutional guarantee of a fair trial under Article 10A, disadvantaged defendants frequently face insufficient legal representation because coerced confessions and reliance on flawed or unverified evidence do increase the risk of wrongful convictions and disproportionate sentencing. The aim for this research paper is to thoroughly examine these issues. First, it will pinpoint process errors which occur in Pakistan’s capital justice system. These flaws impact the poor and marginalize disproportionately. Secondly, it will evaluate those gaps from Pakistan's constitutional obligations together with domestic legal practices as well as international human rights standards including the ICCPR. Lastly, the study will propose reforms including improved legal representation, stricter safeguards against coercion, and procedural updates based on evidence so that fairness and equity in capital trials are ensured. This study will employ a doctrinal research methodology by analysis of the relevant statutes, case law, and commentary by scholars. This research will examine the systematic failures and shall propose reforms. Ultimately, the study shall advocate toward a capital justice system that is more transparent as well as evidence based.