Please - Odhikar

and continues to harm victims and witnesses of a crime, arbitrary power prevails and as such,
rule of law is absent. By rule of law, Professor Wade prefers the connotation of law and order
within community rather than anarchy or disorder. Thus if a rape victim in a community is
continuously threatened by perpetrators not to file a case in a police station and she does not find
protection with police, can it be said that rule of law exists in that particular community? In
interpreting the concept of rule of law, Professor Wade adds that judicial decisions in disputed
cases are important for rule of law and declared rules of law should provide in matters both of
substance and of procedure. Thus even if the law of the land does not have provision for
protection of victims and witnesses, it is the judiciary which can, by taking into consideration of
particular circumstances and by its judicial interpretations/decisions ensure such protection to
ensure de facto rule of law.
Human security perspective of victims and witness protection
Unlike traditional concepts of security, which focus on defending borders from external military
threats, human security is concerned with the security of individuals. For some proponents of
human security, the key threat is violence; for others the threat agenda is much broader. In a
legal and prosecutional perspective, victims and witnesses need to be protected for their survival
and participation in the prosecution
Why survival? Survival is a right
According to Article 3 of the Universal Declaration of Human Rights (UDHR), everyone has the
right to life, liberty and security of person. This provision speaks of survival rights of victims
and witnesses. If victims and witnesses do not survive and die due to post-offence vengeance of
the offender/perpetrator, it amounts to violation of their rights for a second time.
Why participation? Participation is a right
If security of victims and witnesses is at stake, they cannot take part in prosecution of the
offender. They are supposed to produce evidence and give testimonies against the offender.
Proper trial of any offence requires participation of victims and witnesses in prosecution. Their
evidence is the best evidence and may be the only evidence against the offender, so their
protection is essential. This has been asserted in the Universal Declaration of Human Rights
(UDHR), which states in its Article 10 that "everyone is entitled in full equality to a fair and
public hearing by an independent and impartial tribunal, in the determination of the rights and
obligations…"
Human rights perspective of victims and witness protection
Right to protection of law is a fundamental right of victims and witnesses. Article 31 of the
Constitution of Bangladesh ensures this right by stating that enjoyment of the protection of law,
and to be treated in accordance with law, is the inalienable right of every citizen, wherever he
may be, and of every other person for the time being within Bangladesh, and in particular no
action detrimental to the life, liberty, body, reputation or property of any person shall be taken
except in accordance with law.
Victims and witnesses, like common human beings, have universal inherent right to protection.
As stated in Article 12 of the Universal Declaration of Human Rights (UDHR), "no one shall be
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