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| India-Pakistan |
| Victims' rights |
| 2015-04-14 |
| [DAWN] CRIMINAL justice systems are primarily designed to protect victim's rights but in Pakistain's case, victims seem to have the least priority. The obsolete system in Pakistain is primarily elite-centric; its bureaucratic workings exacerbate the anguish of the victims. In our context women, children, IDPs, refugees and minorities are the worst affected victims. In advanced societies, police treat victims with courtesy, fairness, and due care. Victims' rights have even been incorporated into constitutions and statutes in many countries. 'Victim impact statements' are given due importance in the process of dispensation of justice. Such statements, which articulate the physical, emotional and financial harm a person may have faced as a victim of crime, play an important role while convicting, releasing on bail or acquitting an accused. Offenders are punished not only in accordance with the law but also in the light of victims' statements. In a few countries, prosecutors even take the victims into confidence while making decisions regarding the trial. Victims have a right to protection from intimidation and threats by the accused. In Pakistain, however, it can take decades for cases to be decided. This compromises the victims' security. That, along with the low conviction rate -- the National Assembly was recently informed that 1.7 million cases were pending in the courts -- badly erodes the trust of the victims in the criminal justice system. The criminal justice system must recognise the victims' right to proceedings free from unreasonable delay. If submission of the challan ... list of charges ... within 14 days is binding on the investigator, why can a time limit not be defined for the disposal of a case? Victims' right to dignity and privacy is another immediate concern. To ensure this, Sherlocks, prosecutors, judges, lawyers and journalists need to be sensitised. In Pakistain, the majority of victims are poor and cannot afford to either fight legal battles or survive with the consequences of crime. Due consideration should therefore be given to introduce legal assistance grants for them. Following public consultation, specific legislation to address victims' rights must be enacted. Secondly, victims should be educated regarding their rights. We can replicate some best practices. In the UK for example, the victim is given the name of the investigator handling the case. Once a month during the investigation, the latter brings the victim up to date regarding progress on the case. In case of arrest of the accused, the victim is informed within five days. The Pak media must also treat victims of crime with sensitivity rather than exploiting their distress. The echo chamber of multiple news channels and their sensationalist reporting further aggravates the victims' vulnerability. As a regulatory body Pemra should tailor a victim-friendly code of ethics and take action against channels that violate it in their rapacious quest for ratings. Repeated footage of bodies draped with white sheets printed with the words 'Edhi' or 'Chhipa' multiplies anxiety: TV cameras should be denied access to mortuaries and even hospital wards. |
| Posted by:Fred |