Keep them safe: Punjab government set to introduce witness protection law

LAHORE: The Punjab government is introducing a witness protection law to ensure witnesses, especially those in terrorism cases, can testify without fearing any retribution.

Witnesses in Pakistan have generally remained vulnerable to threats and exploitation - a major drawback in delivering justice. Under the Vulnerable Witnesses Protection Act, special measures will be taken by the government to ensure foolproof security is provided to witnesses.

According to a draft of the legislation available with The Express Tribune, a risk assessment unit will be formed to which the government or judges could suggest the witnesses involved in major criminal cases or terrorism proceedings so that they could be assessed for safety risks. After the assessment, if needed, the unit will recommend measures to ensure a witness is given adequate protection.

The law will make it the government’s responsibility to provide security, lodging in safe houses, permanent relocation or financial and other assistance to witnesses if they are rendered unable to continue employment or move about freely as a result of their involvement in the cases.

Special measures will also be taken where necessary to ensure a witness’ identity is concealed from the accused while they testify.

To maintain transparency in the legal proceedings, it will be ensured that the witness can see and be seen by the judge, legal representatives and any other person appointed to assist them.

Furthermore, the law will also allow a live video link or recorded video testimony to be submitted in court as evidence.

As is the case in most developed countries, certain restrictions will be placed on the media publishing news about investigation or trial of an accused who is under 18 or a witness who is under 18. The media will be barred from running their name, address, photos, videos or any other identifying details.

The draft also recommends that when reporting sexual offences, information should be restricted in a way that the public cannot identify the accused or anyone else involved in the proceedings – victims or witnesses.

Reporting the names of the public officials involved in criminal proceedings as a witnesses will also be prohibited.

The punishments for violating the publishing restrictions will include fines of up to Rs5 million. The media house would also be required to remove and destroy all copies of the recording or article.

An official of the Punjab home department said the draft of the legislation had been sent to all relevant departments for their comments.

Once the input is received, it will be sent for final approval to the provincial assembly.

Published in The Express Tribune, May 2^nd, 2017.