Please - Odhikar

either victims or witnesses tend not to file cases or refrain from giving witness/evidence in court
due to fear of reprisal from the offender/perpetrator. It is the responsibility of the legislature to
enact relevant law in this regard to protect victims and witnesses and to create environment for
them to get access to justice.
The Role of the Executive
The key role of the executive organ of the government in victims and witness protection is to
arrange all necessary measures to ensure security. Police force is under the jurisdiction of the
executive and as such has the main responsibility to provide protection to victims and witnesses.
Police in Bangladesh are largely insensitive to the plight of victims and witnesses of crime.
Limited physical resources and inappropriate deployment of human resources to other areas of
policing further constrain police capacity in this regard. Isolation from the community, gender
bias, inadequate training, poor supervision and lack of accountability are some other reasons for
police being unable to provide protection to victims and witnesses.
Lack of understanding by police of psychological trauma, absence of adequate support
mechanisms- particularly in the case of female and child victims and witnesses - and nondisclosure
of information critical to successful prosecution lead to denial of access to justice by
victims and witnesses. Police generally, but women police specifically, do not received adequate
(in many cases any) training in domestic violence, sexual assault, and other offences against
women that are crucial to providing relevant support services for victims and witnesses.
A number of NGOs already provide direct support services to victims and witnesses, specially in
the area of trafficking and acid violence. However the police have not developed systematic and
effective partnerships with such NGOs wherein police could be the referrers and NGOs the
primary support givers.
Role of Judiciary
The Judiciary is the guardian of rule of law and human rights. For proper and effective
administration of justice, the judiciary, despite the absence of specific laws, can, through
applying its judicial mind, interpretation and independence, ensure protection for victims and
witnesses. Theoretically, one of the core functions of judiciary is declaration of rights of
individuals. This is done where rights of parties are uncertain. What a court does is that it gives
an authoritative declaration of the rights of the person concerned. Protection of victims and
witnesses can come under this purview of the court's jurisdiction.
Conclusion
Victims and witness protection is an urgent issue, which cannot be addressed overnight. It
involves many facets basic to human existence and is crucial for administration of justice.
Protection of victims and witnesses within a legal framework requires the application of rule of
law, removal of barriers to access to justice and above all human rights concerns.
Report 2005
* The writer is a human rights activist
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