Right against torture and laws regulating pre-chrage detention in Pakistan and United Kingdom: a socio-legal critique and casse study

Abstract

This study examines the legal frameworks governing pre-charge detention and the prohibition of torture in Pakistan and the United Kingdom (UK) concerning international human rights standards. It identifies key legal and enforcement gaps that expose detainees to arbitrary detention and torture. The UK, despite a strong legal system, faces challenges in balancing national security with individual rights, particularly in terrorism cases. Pakistan struggles with weak enforcement of anti-torture laws, political influence, and poor detention conditions, despite ratifying the UN Convention Against Torture (UNCAT). A comparative Socio-Legal approach is adopted, using international human rights law as a benchmark to assess domestic legal frameworks. The study analyzes arrest procedures, detention duration, detainee treatment, interrogation practices, and detention conditions. Findings reveal widespread arbitrary arrests and custodial torture in Pakistan, fueled by impunity and weak judicial oversight. In the UK, concerns include prolonged Pre-charge detention in terrorism cases and coercive interrogation tactics. The research recommends stronger legal enforcement, independent oversight, reduced pre-charge detention periods, and guaranteed access to legal counsel. Implementing these reforms will help align both countries’ practices with international human rights obligations. This study contributes to torture prevention, detention reform, and human rights law, offering insights for policymakers, legal professionals, and human rights advocate