This highlights the need for nationwide legislation which allocates funds and enacts rules to protect any witness participating in a criminal trial. The author strongly believes that a lack of security for witnesses is one major factor why fundamental rights, especially in the criminal justice system, are violated.Ĭurrent Status: Sindh Witness Protection Act 2013ĭespite being a step in the right direction, it is pertinent to note that the Act is only applicable to Sindh.
Witness protection program rules how to#
It also analyses other jurisdictions for a positive comparative study on how to construct a strong policy to facilitate witness testimony. This paper discusses the need for legislation and its implementation to protect witnesses along with the assessment of existing laws that do provide some safeguards as well. Implementation remains a live issue and continues to violate the rights of both parties both parties have a right to cross examine a witness in order to have a fair trial. Currently the only piece of legislation pertaining to witness protection is the Sindh Witness Protection Act, 2013, being the first of its kind. The state must adopt measures to prevent witness coercion, intimidation, corruption or any bodily harm to the person. Offenders often attempt to prevent witnesses from providing a statement to the court. The closed nature of organized crimes such as trafficking or drug and ammunition dealing, makes it difficult to prosecute using traditional investigative methods. Witness protection is central to the criminal justice system especially when combating organized crime.
However, both these rights are constantly hindered when the state fails to protect key witnesses during trials. Witness testimony can be crucial for a fair trial and due process, rights granted by the Constitution of Pakistan 1973. “For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process.” – Article 10A Constitution of Pakistan, 1973.
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