Justice delayed is justice denied: the impact of unreasonable delay on fair trial right and access to justice with reference to Pakistan: practice, standards and reparation.

Abstract

Duration of case determination has always been remained constant anxiety of the world at large, due to its significant interconnection with administration of justice. Prolonged and unreasonable time taken for determination of dispute has always been viewed as a critical factor jeopardising the fairness of judicial system and access to justice. There prevails an assumption that unreasonable delay in judicial trial is more likely to influence the quality of justice administered by courts. Delay in trial of cases is treated as grave problem due to its endangering impact on fair trial requirements and citizen’s liberty and claim for having decision of his fate within reasonable time. As far as problem statement is concerned, the study will focus on the question that the trials that were not commenced and finalise within reasonable time whether justified under the constitutional framework or not? The study is conducted with aimed at to explore the effects of delayed trial on individual fair trial right. Research method is reviewing national and international data by comparatively analysing the laws in order to choose the best practices through illustrating other democratic countries practices. The present article does not deal with delay per se that is not objectionable but with excessive delay that endangers human liberty. It discuss the impact of unreasonable trial delays on the fair trial and highlight the limitations faced by individuals due to prolonged delays and explore potential solutions to address this issue. This study contribute to the understanding of the implications of such delays and identify potential solutions to ensure timely justice for all.