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| India-Pakistan |
| A case for strong witness protection laws in Pakistan |
| 2015-10-05 |
| [DAWN] Despite the Protection of Pakistain Act 2014 in place, the passing of a resolution by the Sindh Assembly and a motion submitted by the Jamaat-e-Islaami (JI) in the National Assembly earlier this year in March for the protection of witnesses, the only witness in the murder case of Sabeen Mahmud was rubbed out in Bloody Karachi ...formerly the capital of Pakistain, now merely its most important port and financial center. It is among the largest cities in the world, with a population of 18 million, most of whom hate each other and many of whom are armed and dangerous... . Take a look: Key witness in Sabeen Mahmud murder case rubbed out in Karachi It goes without saying that the Witness Protection Bill needs to be effective and implemented strictly, especially in Karachi. The bureaucracy and administrative machinery of the government should increase the implementation of this law on a larger scale. At present While Law Enforcement Agencies (LEAs) are active in eliminating terrorism and murders, those involved in heinous crimes manage to flee because of a lack of implementation of the said bill as no one willingly testifies against the accused. Those who do are attacked -- just like the witness in Sabeen Mahmud's murder. Similarly, slain journalist Wali Babar's attackers have still not been brought to justice because all the witnesses in the case were eliminated one by one. There is a dire need in Pakistain to ensure implementation of witness protection laws. Recent amendments A resolution passed in the National Assembly demands for witnesses to have protection under LEAs. However, there's no worse danger than telling a mother her baby is ugly... with a majority of LEAs having political backing and links to Death Eater groups, such a bill stands nullified altogether. In view of the 21st amendment in the Constitution of Pakistain 1973 (which approved the establishment of military courts to try terror suspects) witness protection should be linked and separate LEAs should be constituted for the same. Comparison with other countries In the United States, the Federal Witness Protection Program is aimed at protecting threatened witnesses before, during and after a trial. It is administered by the United States Department of Justice and operated by the United States Marshals Service. Recent statistics state that as of 2013, 8,500 witnesses and 9,900 family members have been protected by the US Marshals Service since 1971. In the United Kingdom, the openness of judicial proceedings is a fundamental principle enshrined in Article 6(1) of the European Convention on Human Rights (The right to Fair Trial). This underpins the requirement for a prosecution witness to be identifiable not only to the defendant, but also to the open court. It supports the ability of the defendant to present his case and to test the prosecution case by cross-examination of prosecution witnesses. In some cases, it may also encourage other witnesses to come forward. Furthermore, the Youth Justice and Criminal Evidence Act 1999 (YJCEA) proposes a range of measures that are available to witnesses in criminal proceedings who are deemed to be 'intimidated'. |
| Posted by:Fred |