Draft law seeks to protect witnesses

To ensure safety and security for witnesses, a draft witness protection law has been prepared by Manusher Jonno Foundation, which was presented at a virtual conference yesterday.

"On one hand, accused people continue to threaten and harass witnesses. On the other, most people have accepted that they will be harassed if they seek legal redress," said Barrister Tapas Kanti Baul, lead author of the law. Bangladesh has no witness protection act, he observed.

The draft stipulates that victims and witnesses who fear for their safety will be provided a secured housing facility "until he/she has made the statement in any investigative proceeding or testified, or until the threat, intimidation or harassment disappears, whichever occurs later."

According to the draft, victims or witnesses can request protection from the investigating officer of the concerned proceeding, the officer-in-charge of the police station where the case was filed, or the public prosecutor.

The request shall then be vetted by the Chief Metropolitan Magistrate, adds the draft.

During proceeding of a trial, the court can direct that victims get compensation, relief or treatment from a witness protection fund created by the government, says the draft.

This compensation includes expenses for medical treatment, psychological or psychiatric counselling, lawyer fees, travel expenses borne by the victim, as well as "victim's income generation capacity lost or damaged as a direct result of the offense".

The document also defines protections that should be afforded to a victim when filing a case. This includes special provisions for female witnesses and linguistic minorities.

"A social worker or support person, preferably a female, in case of a female victim, shall be required to be present when the victim girl or woman is being interviewed by a police officer or officers after the rescue," said the draft.

Victims whose mother-language is not Bangla shall be provided with interpreters, said Tapas Kanti Baul, adding that the ethnic minority community reported that they do not get justice because of this language gap.

The draft also takes into account psychological distress experienced by a witness or victim. "The office shall, at its cost, arrange to give the victim counseling by a qualified counselor, if necessary, immediately after rescue," it said.

Rape victims who have gotten pregnant can claim abortion costs, or child support, adds the draft. Minors who lost guardians can seek support for the lost patronage.

If the accused person is convicted, she or he will be directed to deposit the sum paid to the victim to the fund. In the case that the accused fails to deposit this money, it will be realised from her or his property, says the draft.

As per the draft, any person who threatens or in any way harms a victim or a witness will be sentenced for as long as twelve years, and fined Tk 30 thousand. Similar sentences were recommended for those causing victims or witnesses to flee their area of residence.