Witness Protection Bill on Sept. 9
The long-awaited Witness Protection Bill will be presented in Parliament on September 9 by Justice Minister Rauff Hakeem, a senior Justice Ministry official said yesterday.
The legislation titled, ‘Assistance and Protection of Victims of Crimes and Witnesses Bill’provides for the establishment of a fund to provide compensation to victims of crimes and the establishment of an authority for the purpose of administering the provisions of the Bill.
Justice Ministry Secretary Kamalini De Silva told Daily Mirror that t he other salient features of the Bill were the recognition of the rights of victims of crime and the entitlements of witnesses, the definition of certain offences committed against victims of crime and witnesses, establishment of a mechanism for the inquiry into complaints against infringement or imminent infringement of rights or entitlements of victims of crime or witnesses
“The Bill also provides for the establishment of an authority for the purpose of administering the provisions of the Bill, establishment of a special division by the Police Chief to provide assistance to victims of crime and imposing duties on courts, commissions or law enforcement authorities in providing protection to victims of crime and witnesses, establishment of a special fund to be utilised for the payment of compensation to victims of crime and the provision for the recording of evidence through contemporaneous audio visual links from remote locations within Sri Lanka,” Ms. De Silva said.
She said the National Authority would inquire into any alleged infringement of any right of victims of crime and witnesses and report to the relevant courts, commissions of inquiry or Presidential Commissions as the case may be and take punitive action against those who were found to have committed the office against victims.
The National Authority will comprise 12 members with seven ex-officio members representing the Secretaries of the Ministries of Justice, Child Development and Women Affairs, Defence,Attorney General’s Department, Human Rights Commission, Police Department, Probation and Rehabilitation and Prison Reforms with the President appointing five more members.
Ms. De Silva said the Police special division set up by the IGP would provide protection to the victims of crime and witnesses and if temporary or permanent accommodation if necessary to them, while the courts after an inquiry would pay compensation from a part of the fine imposed on convicts and a fund set up to provide further assistance and compensation to victims and witnesses of crime.
If the victim is dead the compensation can be paid to the next of kin. The NationalAuthority will also assist the victims and witnesses of crime to change their place of residence if they are under threat and make facilities to give evidence through video conferencing. Ms. De Silva said the rights of victims and witnesses of crimes would be ensured with more legislation wherever necessary.
The Udalagama Commission, the LLRC and the UNHRC Chief Navi Pillay had recommended that such an Act to facilitate investigations into certain crimes allegedly committed in the recent past.
The National Authority will comprise 12 members with seven ex-officio members and with the President appointing five more members