Please - Odhikar

V ictims and witness protection:
In search of a legal regime in Bangladesh
By Arafat Ameen*, Bangladesh
Introduction:
The efficiency of the output or the impact of the outcome of criminal cases depends, to a
considerable degree, on the system of security guaranteed to the victim(s), witness(es),
suspect(s), defendant(s) and the officials dealing with the criminal case. Such system becomes
ineffective in cases of encroachment upon or threat to life, health or property aimed at the
prevention of their obligations, their official and civic duties of fulfilling the roles that they play
in the area of legal procedure.
In Bangladesh where organized crime seems to threaten national security more and more, the
issues of protection of the participants in a criminal procedure/proceeding from criminal trespass
are of particular importance. Finding of truth with regard to a criminal case becomes
problematic due to the fact that witnesses and victims, fearing violence for themselves and their
relatives, as well as direct or implied threats, avoid participation in investigation and
consideration of cases.
In recent years, the growth of a number of unlawful encroachments upon life, health and
property has been observed. Threats, intimidation and unlawful acts are applied towards the
members of their (victims and witnesses) families. Criminal impact also takes place with regard
to judges and officers of the legal machinery who investigate criminal cases.
What Is Witness Intimidation?
Witness intimidation -- which includes threats against the victims of crimes -- strikes at the root
of the criminal justice system by denying critical evidence to police investigators and
prosecutors and by undermining the confidence of whole communities in the government's
ability to protect and represent them.
Overt intimidation, implicit intimidation, and misperceived intimidation may operate separately
or in tandem. Furthermore, each instance of actual intimidation or violence against witnesses by
gangs or drug-selling groups promotes the community-wide perception that any cooperation
with the criminal justice system is dangerous.
Overt intimidation, because it may be publicized widely in the press or by word of mouth, may
contribute to an exaggerated perception of the risk of injury. As bad as intimidation may be, the
public often over estimates both its likelihood and the danger it represents. Moreover,
community-wide and misperceived intimidation can be as harmful to witness cooperation as
explicit threats. A public perception that the criminal justice system cannot protect the citizens
of a community is as effective in destroying the ability of police investigators and prosecutors to
do their jobs as any specific threat. As a result, prosecutors, police administrators, and
victim/witness program administrators need to prevent all types of intimidation.
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Report 2005