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LAW VISION

No more bullying witness

Shekh Md. Muhibbullah
WITNESS bullying has an intense and serious impact on the aptitude of government to enforce its laws and on society's poise in the ability of government to protect its citizens. By depriving crime investigators and prosecutors of critical evidence, witness intimidation undermines the criminal justice system's ability to protect its citizens and ultimately undermines the confidence citizens have in their government. 3 weeks back Mostafa Howlader a recorded prosecution witness of ICT has been killed by aggrieved reprobates while asleep in his own house has again brought to light how insecure and unprotected the witness of the ICT and other related cases.
on victim and witness protection issue. The recommendations was presented upon considering draft of UNODC e.g. model of witness protection bill, good practices for the protection of witness in criminal proceeding involving organized crime, UN declaration of basic principles of justice for victims of crime and abuse of power, 1985. We can call this report an amendment and correction of weakness of a previous draft of law commission of Bangladesh proposed in 2006. Firstly this report tires to define the term 'victim', 'witness' and 'witness protection program' but unfortunately the definition of witness does not expressly cover 'experts' 'judges’ 'police' 'prosecutors' 'journalists' 'whistle-blower' as persons entitled to witness protection. This report overall includes services to victims as to vulner-
inescapable for that particular case, he is in immense risk of security etc.
After getting protection under protection-program such protected person shall have some specific rights such as getting protection for his security, relocation assistance if necessary, identity protection, monetary, Medical and general maintenance assistance, social and psychological support, transportation facilities both for home to court yard, non-disclosure of protection program of that person to public, right to get assistance of law enforcers at any stage of protection period. For getting those facilities the protection-seeker witness shall have to promise in written agreement that he shall give deposition and information and shall comply with other discipline as to non-disclosure of identity.
For female and child witness there shall be special protection and camera trial if necessary, such witness can be separated from the accused by using modern technologies e.g close circuit camera so that deposition can be given free of horror. In respect of international crime such as crime against humanity, genocide, war crime, state shall give protection for the respective witness both inside and outside of country.
This report also prescribes rules for termination of protection in these following cases: e.g. no more risk sustaining, alternative measure taken, circumstance for which protection program has been taken ceased to exist, protected person has violated written agreement of his promise, or when the person himself seeks the termination. And in any of the follow-
A criminal case is built on edifice of evidence, evidence that is admissible in law, for that reasons witness is required whether it is direct evidence or circumstantial evidence, intimidated witness turns into hostile improvises miscarriage of justice. Therefore it is good practice for criminal justice systems to provide assistance and support measures to victims and other witnesses in order to facilitate their abilities and confidence to participate in criminal justice system towards naissance of justice. There are hardly enough laws regulating witness protection in Bangladesh, except section 151,152(forbiddance of indecent, scandalous and insulting questions) of Evidence Act (barely suggests inter-court protection only), there are no specific laws as to witness and victim protection. Though article 35 of the constitution prescribes safeguards for only accused person during trial, it has no provision for protecting the rights of witness and victim.
Later on February 2011 law commission of Bangladesh has submitted a final report recommending legislation
able witnesses which may include information about the rights of victims, information about the roles of actors in the criminal justice system, assistance in obtaining medical, social, and psychological service that may be provided by the state or by nongovernmental organizations and service providers, assistance in obtaining compensation for victims and providing support to witness while testifying.
There is a recommendation of constituting national witness protection program and enforcement council primarily in every metropolitan area and then in every districts. This report also prescribes application procedure, conditions, rights of protected witness, termination of protection program etc very precisely and momentously. It recommends limiting protection of witness to certain specific offences e.g. offence of grave nature, offence punishable with death or with imprisonment of minimum 7 years, and the person seeking protection must be comply with these requirements, e.g. he is most important witness and his deposition is
ing cases before final termination such protected person shall be heard with due notice. There shall be a fund for smooth functioning of the program may come from both government and external donation and in due cases such victim and witness can be compensated. And every such witnesses come under protection program will be registered in a register book with authentic address.
In India In a recent case namely Kirpalsingh Jungbahadursingh ... v. State of Gujarat on 5 July, 2013 (famous Gujrat riot case) the court sou motu ordered the appropriate authority to relocate the witness with security if necessary. However, it has been 42 years since independence Bangladesh has no Legislation on witness and victim protection. Now time has come, both inside and outside of court protection for witness is a must. Time immensely demands that the government take necessary steps to enact a law on 'witness and victim protection' without time consumption to satisfy the debt and sacrifice of a witness.