Pakistan’s Preventive Detention Regime in the Age of Human Rights

Abstract

The current application of preventive detention laws is complex in many countries, with a significant challenge being the detention of suspects before they are brought before a magistrate or judge. There is an immediate need for reforms. In countries like Pakistan, the raison d’être for this practice has been the war against terrorism and the need to thwart insurgent activities preemptively. Thus, leeway is afforded to the branches of the executive that are involved in the controversial practices of enforced disappearances, preventive detention, and pretrial detention. A flawed understanding of the presumption of innocence principle and incorrect application of detention laws have further violated the human rights of suspects. This study aims to explore these challenges through an analysis of preventive detention laws. It seeks to distinguish preventive detention from similar practices prevalent in Pakistan. In doing so, it makes a case for the country to enhance its detention policies to better protect human rights. It contributes to the intellectual discourse on Pakistan’s struggle to comply with internationally binding and non-binding legal frameworks with concrete recommendations.