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Procedure, made a request to the Sri Lankan government to adopt all necessary measures to protect the life, safety and personal integrity of the author and his family members, so as to avoid irreparable damage to them. [Untied Nations High Commission for Human Rights Reference: G/SO 215/51 SRI (7)] However, there was no response from authorities. In February 2004, there were attempts on his life. Mr. Fernando subsequently left the country, in view of the inability and unwillingness of authorities to guarantee his security. iii. Mr. Mohamed Priyantha Mr. Priyantha is a torture victim, who filed a charge of torture at the National Human Rights Commission (NHRC) and the National Police Commission (NPC), against the officer-in-charge (OIC) and a police constable from the Horana Police Station. He has been threatened and intimidated by the police in an effort to pressure him to withdraw his complaint. Following his detention, Priyantha has consistently been receiving messages from the perpetrators demanding him to withdraw his complaint against them. A friend informed Priyantha that the perpetrators had been looking for him and that he would be killed if he continues with the case filed before the NHRC and NPA. He then filed the matter in a police station in Vavuniya, which is approximately 250 kilometers from his home for fear of his life. Despite the charges against the perpetrators, no sanctions or restrictions have been imposed on them. In fact, they have continued to work in the same police unit where the incident of torture took place. 3.3 Key issues: � Victims are often threatened-during trial, before trials and even after. Even when the matter is such that the Attorney General files cases! � Multiple and continuing victimization-as evident in the above case studies, most victims end being end of being continuously victimized-being threatened, abused over and over again. � In many cases, threats to victims and witnesses target family members- and in many cases, the lives of family members, including children, are affected by threats, intimidation and harassment on victims and witnesses. � Victims and Witnesses are often forced to rely on protection from the perpetrators of human rights violations. In many instances, perpetrators of human rights violations continue to serve in the respective areas. � Police and even powerful local politicians often offer bribes to poor victims and witnesses, as incentives for not testifying and withdrawing cases against them. � Fabrication of false charges create frustration as well as practical difficulties for witnesses and victims, thereby making some of them either reluctant to testifying or withdraw cases. � Victimization by delayed court cases- including instances where witnesses travel far to Report 2005 163
come to court, giving up their daily livelihood and other important personal matters- and end up the whole day languishing in courts, and being asked to come again. � Threats to immunity- danger of victims and witnessing not coming forward to give testimony. 3.4 Continuous requests for Witness Protection remain ignored by the government: � Based on the number of cases where victims and witnesses have been assassinated, tortured, threatened, many local and international human rights groups particularly the Hong Kong based Asian Human Rights Commission, have been urging the Sri Lankan government to establish a witness protection program. � Even the UN Human Rights Committee had stated that "The authorities should diligently enquire into all cases of suspected intimidation of witnesses and establish a witness protection program in order to put an end to the climate of fear that plagues the investigation and prosecution of such cases." (CCPR/CO/79/LKA (future) HUMAN RIGHTS COMMITTEE Seventy-ninth session). � However, all such requests remains answered to date-and there is no indication that there will be a positive response in the near future. 4. Learning from beyond South Asia: � Though my primary focus is no Sri Lanka, I believe it is useful for us bear in mind some developments on the subject beyond Sri Lanka and South Asia. 4.1. International Criminal Court: � Establishment of Victim and Witness Protection Unit within the Registry (Rome statuearticle 43.6) � Emphasis on taking appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. (Rome statuearticle 68.1) Three main focuses: 164 � Participation in the proceedings � Protection (Including to family members- and covers security, counseling, possibility to withholding the identity of victims and witnesses, and special attention to women and children) � Reparation 4.2 Laws in other countries: The United Kingdom, Untied States of America, Canada, and Australia all have witness protection laws. In some laws, such as in UK, threatening a witness can be considered "contempt Report 2005
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Odhikar Report 2005 Published by Od
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2005 sees the third, and final year
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Synopsis of Activities Covering the
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laws of Bangladesh, particularly th
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they find the monitor writing notes
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Problems faced during thana monitor
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After the 2004 High Court directive
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(4) Sumon Tortured to Death by Rapi
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through a Government Order issued o
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22 Persons Reportedly Killed by Law
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iii. Conflicts with political right
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Chapter-3 Odhikar's work involving
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Environment of the custody cell Fin
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Police’s behavior towards accused
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4. Motijheel Thana During the monit
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In all, the findings from the monit
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Children were seen kept with the ad
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1. If any domestic animal is slaugh
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Chapter 4 Fact Findings in 2005 One
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General findings It becomes difficu
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Recognising the need for laws to pr
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* Second Working Session (2:00-4:00
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focus on legal agencies and human r
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due to insecurity providing protect
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We are in such a situation that you
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the whole judicial system. Ensuring
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threatening looks or gestures at a
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concrete suggestions to how to disc
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force against basic freedoms and hu
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Leave us alone. We will get on with
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cultivating and having their liveli
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own judicial system. It is a proble
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name of eviction, etc., but also be
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Farhad Mazhar: Some of the suggesti
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come to terms with the emotional im
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ecourses, a strong commitment of th
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initiative, SAARC cooperation, SAAR
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� Police and even powerful local
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* To facilitate bilateral agreement
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grievous offences like rape, murder
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see how the press, the police and p
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2. Victims must be given some compe
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Susan Ward, AED: I have just two fe
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Chapter 6 Other Major Achievements
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Annexture: 1 Fact-finding reports 2
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A Medical Officer of Mymansingh Med
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However, six of them were held by t
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that he was shifted to bed no. 16 o
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Alleged fabricated news about the r
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at Courtbari in Gabtoli. A sergeant
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down the factory, said a senior off
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Bangladesh. This is not humanly pos
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Medical Offficer of the Roumari Hea
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throwing stones at them. Four polic
Page 110 and 111: ecommendations would be made to the
Page 112 and 113: Mr. Mallik Sayeed Mahbub, the Upzil
Page 114 and 115: Death of a young person in prison i
Page 116 and 117: Abul Qulam Azad alias Suman was the
Page 118 and 119: case. The other case was filed unde
Page 120 and 121: was not tortured during remand, he
Page 122 and 123: Masum killed at Crossfire by Detect
Page 124 and 125: Metropolitan Detective Police Nurul
Page 126 and 127: into the room. They were those he w
Page 128 and 129: perpetrators, you need evidence for
Page 130 and 131: things I am doing in my business, i
Page 132 and 133: commitment of engaging her in house
Page 134 and 135: Torture of a Political Activist by
Page 136 and 137: number of those cases or the laws u
Page 138 and 139: victim was made one of the accused.
Page 140 and 141: morning to protest the robbery of a
Page 142 and 143: judgment, Fazley Rabbi Chowdhury, s
Page 144 and 145: police and police station simply to
Page 146 and 147: Annexture: 2 Country Papers that we
Page 148 and 149: and continues to harm victims and w
Page 150 and 151: either victims or witnesses tend no
Page 152 and 153: The Nature and Extent of Witness In
Page 154 and 155: Gang-Inspired Fear: A Particularly
Page 156 and 157: Other Forms of Intimidation Less co
Page 158 and 159: V ictim and witness protection - Sr
Page 162 and 163: of court". Assistance available to
Page 164 and 165: 6. Acknowledgements and References:
Page 166 and 167: charges saying 16-year-old Mathura
Page 168 and 169: National Police Journal one of the
Page 170 and 171: At the international level, rights
Page 172 and 173: law are maxims that Indian state an
Page 174 and 175: combined with the fact that no inde
Page 176 and 177: other local boys, including Firoz a
Page 178 and 179: sorely missing as an utterly callou
Page 180 and 181: nor India are signatories to the Ro
Page 182 and 183: (f) Rape, sexual slavery, enforced
Page 184 and 185: Superior orders and prescription of
Page 186 and 187: witness are determined by the conse
Page 188 and 189: is valid because the society is mor
Page 190 and 191: necessary. Such action plan calls f
Page 192 and 193: Protection to witnesses The State p
Page 194 and 195: Monitoring of the protocol The Stat
Page 196 and 197: attention. Victims have the right t
Page 198 and 199: Nepal's Human Rights Obligations un
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