Please - Odhikar

� 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
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.
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.
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
of court". Assistance available to victims and witnesses under these laws includes measures such
as physical protection, relocation, new identity, housing, medical, job training assistance in
obtaining employment and even temporary subsistence funding. The procedures for applying for
such a program, criteria and processes are laid out in law. In the case of South Africa, the
Witness Protection Act establishes an "Officer for Witnesses Protection" within the Department
of Justice.
Finally, I would like to make some recommendations for how not only Sri Lanka, but other
south Asian countries can move forward. Firstly, incorporating norms and minimum
international HR standards related to victim and witness protection into domestic law is a must.
Continuing advocacy for special laws must go on, drawing on from available legislature and best
practices in other countries. The speedy resolution of court cases and other such inquiries by due
authorities is necessary, in addition to this being a basic human right, it will also enable witness
protection programs to be more effective and finally, the many domestic human rights protection
mechanisms (E.g. Courts, National Human Rights Commission, Ombudsman etc.,) must each
consider establishing comprehensive mechanisms to protect victims and witnesses engaging
their respective mechanisms. The ICC case, though obviously different in scope and mandate,
would be a good mode!
Syed Fahim Munaim: It seems that the same old record has been playing since this morning.
We had country papers from Bangladesh, India, Nepal, Pakistan and Sri Lanka. I am sure that
the participants will agree with me that we are getting a more or less similar picture. Fernando
commented that the focus in all the South Asian countries is on torturing and the police are
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