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Monitoring of the protocol The State parties should establish a monitoring body in each country within the region for the purpose of monitoring the implementation of the protocol. Conclusion Given the present, violent practice of intimidation of the person, family and over the property of a victim or witness of a criminal act, by the defendant, his family, supporters or fellow members in crime, the creation of this protocol for the protection of victim witnesses is of extreme urgency. It is hoped that State Parties agree to sign this Protocol without hesitation in order to prevent further abuse of human rights. * The author is a Former Attorney General for Bangladesh, a Senior Advocate of the Supreme Court of Bangladesh and Convenor of the Legal Action Group, SARI/Q. Victim and Witness Protection in Legal Regime of Nepal Criminal Justice System and Crime Victims By Subodh Raj Pyakurel, Nepal Given the whole setting of the criminal justice system, a victim is considered almost an inconsequential component of the whole picture, deserving no commiseration or consideration. Once an individual becomes a victim of a crime he/she is launched on the wave of social injustice and callous post-crime victimization. Any innocent victim who suffers direct/indirect threats or physical, emotional, financial harm as the result of the commission of a crime should be protected by the criminal justice system. The term "victim" also includes the spouse, legal guardian, parent, child, sibling, or another family member, or any victim who is under 18 years of age, incompetent, incapacitated or deceased. Institutional entities are also considered victims. Any person who is culpable for the crime being investigated is not considered a victim. A witness is someone who has information or evidence concerning a crime, and provides information regarding this knowledge to a law enforcement agency. Where the witness is a minor, the term includes an appropriate family member. The term "witness" does not include defense witnesses or those individuals involved in the crime as a perpetrator or accomplice. Victims and witness who are innocent and are not aware of any wrong committed against them deserve to be protected against loss and injustice. There can be no justice for the victims until society acknowledges that a crucial principle of criminal justice is to protect and rehabilitate or compensate the victims properly and adequately. The victims are considered and treated as a burden of society and they are left totally without resources in a complete devastation. Without touching their problems sincerely, the study of constitution as a fundamental law of the land and Report 2005 197
the application of other statutes as the essence of rule of law itself in a real sense remain incomplete. Victims experience physical, financial and psychological/emotional impacts of victimization. At the time of the crime, or upon discovering that a crime has occurred, victims are likely to experience a number of physical reactions to the event. These may include increased heartbeat, hyperventilation, shaking, numbness, dryness of the mouth, etc. Some of these reactions may not take place immediately, they may reoccur at a later stage when the memory of the crime flashes back. Victims may suffer a range of physical effects including insomnia, loss of appetite, lethargy, headaches, muscle tension, nausea etc. As for the financial impact of crime, the victim may incur costs such as: repairing property or replacing possessions, installing security measures, accessing health services, participating in the criminal justice system for instance attending the trial, obtaining professional counseling to come to terms with the emotional impact, etc. In terms of psychological injuries, some victims suffer acute stress disorder, or develop PTSD (post traumatic stress disorder) or other adjustment disorders from victimization. The victims are negatively affected persons or groups who have suffered physically and/or financially and even emotionally and psychologically, directly or indirectly from the criminal activities. In fact, the principles of the criminal justice system should consider their welfare, remedy and security. They are simply regarded and considered as informers, approvers or witnesses. Their virtual role as a victim, deserving justice, is not primarily accepted and considered. Female victims of crime are more vulnerable to sexual and other abuses and to abuses at the hands of government penal agencies. Most of Nepal's police are not trained to deal with crime against women and often do not take women's reports seriously. Rape victims and victims of domestic abuse are often not dealt with sympathetically. Women complainants are intimidated by the bureaucratic procedures and few cases end in convictions. In many ways prostitutes are victims of society and also deserve sympathetic treatment. Training on how to deal with these sort of cases is just beginning for Nepal's police. There are no government shelters for victims of domestic abuse either. Status of Victim's Rights in Nepal Victims have the right to be treated with dignity and respect. In Nepal victims only enjoy a limited right of representation in trials and do not enjoy the right to appeal against acquittals or the withdrawal of cases. There is no law to respect the right of victims to information about the status of their case during prosecution or trial. Victims have the right to be protected from intimidation and harm. In Nepal victims are often not protected from further victimization even where cases have involved personal violence; no law compels the prosecution to inform victims if accused persons are released on bail; victims' fear of retaliation are not considered while conducting bail hearings; no efforts are made to protect victim's interests during trials; during trails victims are required to come out into the public glare and have often to face inconvenient and irritating questioning by defense lawyer; and courts often fail to exercise their powers to protect victims from unnecessary media 198 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
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ecommendations would be made to the
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Mr. Mallik Sayeed Mahbub, the Upzil
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Death of a young person in prison i
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Abul Qulam Azad alias Suman was the
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case. The other case was filed unde
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was not tortured during remand, he
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Masum killed at Crossfire by Detect
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Metropolitan Detective Police Nurul
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into the room. They were those he w
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perpetrators, you need evidence for
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things I am doing in my business, i
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commitment of engaging her in house
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Torture of a Political Activist by
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number of those cases or the laws u
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victim was made one of the accused.
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morning to protest the robbery of a
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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
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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 160 and 161: Procedure, made a request to the 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
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Page 174 and 175: combined with the fact that no inde
Page 176 and 177: other local boys, including Firoz a
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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 196 and 197: attention. Victims have the right t
Page 198 and 199: Nepal's Human Rights Obligations un
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