Please - Odhikar

Farhad Mazhar: Some of the suggestions coming from a Justice of the Supreme Court are very
important. The SAARC Convention is limited within the issue of prostitution. However, women
and children are not only trafficking for prostitution, they are trafficked for forced marriage,
bonded labor and to become camel jockeys and many other reasons. The capacity of the state to
recreate the event before the living presence of the law is vital. The capacity is lacking in all the
SAARC countries.
ASM Shahjahan:I thank Odhikar and AED for discovering the victims. We deal with the
judiciary system, the crime, and the case but hardly with the individual victim. This topic is
fundamentally humanistic and it comes from a commitment of social justice. We have discussed
about the protection but I want to suggest some points relating to the treatment the victims and
witnesses get from the criminal justice system, from the media, from the court and other
associated people. If they are not given protection, they get threats, insults and harassment from
the perpetrator, his family or his sympathisers. We have been talking about recorded victims. But
the unrecorded victims are many fold and they do not refrain from seeking justice only because
of the fear of reprisal. Becoming a victim again is the fear they experience continuously. Many
crimes remain unreported. What is the position of a victim in the justice system? Victims'
interaction with the police, the prosecution, with the court? And whose interest does the law
serve? Whose interest does the criminal justice system serve? Whose interest does the criminal
government serve? Do they serve the need and want of the victims? Is the victim only the
victim? You know those who have been traumatized become the victim; those who are
dependent upon the victim are also victims. And the victims are belittled in a word or
environment where might is right. Crimes are interpreted in our law as attacks against the state.
And state becomes the party against the accused or offender. In this situation, from the very
beginning the state become primary and the victim becomes secondary. We often take into
consideration the relationship between the offender and the victim in cases of domestic violence.
Parasitical relationship, exploitative relationship, destructive relationship, oppressive
relationship and also street crimes are issues that also need to be discussed. The culture of
blaming the victim also needs to be seriously addressed. Have we found out who are blaming the
victims? Why victims are being harassed in many places and by whom? What it means to be a
victim? How soon are victims are forgotten? Have we kept a list of the victims? Do we
remember them? In what extend his statements or comments are considered? The police often
give empty promises of protection where the victims are given protection for two days. On the
third day the protection is withdrawn. What is needed is a permanent victim and witness
protection squad, quick response, investigation of the threat and its punishment should be
exemplary. The relationship between a victim and the defense lawyer is far from amicable. Fear
of harassment or danger stops the witness from giving statements and creates a rift between him
and the victim. Victims of yesterday, we are sorry, we apologize to you. Victims of today, we
promise you, empty promises and victims of tomorrow, let us do something concrete for you. In
a situation like this, the victims say, "I don't need any more harassment, save me from your dog."
Second Working Session
Presided by: Syed Fahim Munaim, Managing Editor, The Daily Star
Country Paper Presentation:
1. Mr. Subodh Raj Pyakurel, Chairperson INSEC and Board Member, SAFHR, Nepal
2. Mr. Rukshan Fernando, Sri Lanka
Report 2005
71