Witness Protection Bill coming soon
The government has expedited the formulation of the Witness Protection Bill to be enacted in Parliament within the next three months, officials said yesterday.
The government was keen to see it enacted as soon as possible
Several international organisations had urged that such legislation be enacted in Sri Lanka in conformity with international human rights standards and practices.
Attorney General Palitha Fernando said the Bill was now at the Legal Draftsman’s Department, and that the government was keen to see it enacted as soon as possible. Mr. Fernando said the Legal Draftsman’s Department would send the Bill to the Attorney General’s Department for its observations.
“After we submit our observations, action can be taken to make it a law of the country,” he said.
When asked when it would be done, he said, “This is a long process and might take a few months.”
Justice Minister Rauff Hakeem had also made a statement to the United Nations Human Rights Council (UNHRC) in this regard. Later, the International Commission of Jurists (ICJ) welcomed the Sri Lankan Government’s commitment to approve the Bill on Assistance and Protection to Victims of Crime and Witnesses.
In 2008, the government tabled a witness protection
The draft Bill on Assistance and Protection to Victims of Crime and Witnesses (APVCW) was tabled in June 2008. The Supreme Court of Sri Lanka in its Special Determination 1/2008, SCM 02.04.2008, suggested changes to the draft law of which many were incorporated by the Ministry of Justice into an ‘Amended Version’
Bill in parliament. It was even debated in parliament but the government shelved it saying it required more time to study it.
The ICJ in a letter to the Justice Minister in April said there were several concerns with regard to the contents of the witness protection legislation and the enactment process.
It urged the government to ensure compliance with international human rights standards and best practices on witness protection.“The draft Bill on Assistance and Protection to Victims of Crime and Witnesses (APVCW) was tabled in June 2008. The Supreme Court of Sri Lanka in its Special Determination 1/2008, SCM 02.04.2008, suggested changes to the draft law of which many were incorporated by the Ministry of Justice into an ‘Amended Version’ issued on 28 July 2009,” the ICJ said in its letter.
It is not clear whether all of the suggested amendments were incorporated into the original version of June 6, 2008.
The ICJ said the current definition of “witness” in article 36 of APVCW, while comprehensive in some respects, fell short of compliance with international standards in others.
Notable positive aspects include -- the extension of protection to witnesses testifying before quasi-judicial and non-criminal proceedings, such as Commissions of Inquiry; the provision of protection before, during and after testimony is given; the wide coverage of protection afforded to family members and dependents as well as persons of significant importance in relation to the victims or primary witnesses.