Witness protection in punjab

10 Dec 2011 By

B.A.NASIR

DIG Establishment

WITNESS PROTECTION PROGRAMMEIN PUNJAB

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SEQUENCE

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Importance of Witnesses in CJS.

Why witnesses do not testify or retract their

statements ?

Need for Witness Protection Law.

Witness Protection Methods.

Witness Protection Issues.

Punjab Witness Protection Act 2011.

Way Forward.

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Importance of Witnesses

Witnesses are the cornerstones of successful

Criminal Justice Systems.

Witness is an indispensable aid in the justice

dispensation system. They are the “eyes and ears of

justice”.

Protection of witnesses from intimidation or threats

due to cooperation with law enforcement or judicial

authorities is critical to the maintenance of the rule

of law.

Witness protection programs are a key tool in

dismantling the organized crime networks.

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Importance of Witnesses

Criminal Justice System does not work fluently to

result in prompt determination of guilt or

innocence of accused.

Prosecution witnesses retract from statements

made earlier to the police or turn hostile in the

Court.

Witnesses turn hostile in cases involving heinous

crimes or high profile personalities due to

external pressures.

Witnesses protection issues came under scrutiny

after acquittal of hard core terrorists.

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Why Witnesses do not Testify or retract their Statements ?

Police do not record the statements correctly.

Police record the statements correctly but were

retracted by the witnesses because of

“intimidation and other methods of

manipulation”. Protracted trials. Several dates for cross

examination of witnesses resulting in frustration.

Unsympathetic attitude of the police.

Corruption in all segments of Criminal Justice

System

Absence of Witness Protection Programme.

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Witnesses Protection Law - Need of the Hour

No comprehensive law for the protection of witnesses in

Pakistan. Sec. 21 of ATA 1997 and article 146 & 148 of

Qanoon-e- Shahdat Order 1984 which protect the witnesses

from being asked indecent, scandalous, offensive, annoying or

insulting questions.

Witness Protection Laws exist in almost all the

developed countries and number of developing

countries.

Need to draft and promulgate and implement

Witness Protection Law.

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Witnesses Protection Methods

Target Hardening:

Temporary change of residence to a relative’s house

or a nearby town;

Close protection, regular patrolling around the

witness’s house, escort to and from the court and

provision of emergency contacts;

Arrangement with the telephone company to

change the witness’s telephone number or assign

him or her an unlisted telephone number;

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Target Hardening:

Monitoring of mail and telephone calls;

Installation of security devices in the witness’s

home (such as security doors, alarms or fencing);

Minimizing of public contacts with uniformed police;

Provision of electronic warning devices;

Provision of mobile telephones with emergency

numbers;

Use of discreet premises to interview and brief the

witness.

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Procedural Witness Protection

Use of a witness’s pretrial statement instead of in-

court testimony;

Testimony via closed-circuit television or

videoconferencing;

Voice and face distortion;

Removal of the defendant or the public from the

courtroom;

Partial or fully anonymous testimony (use of

pseudonym).

Presence of an accompanying person for

psychological support;

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Self Protection

In absence of an established WPP, refusal of the witness to enter witness protection or lack of eligibility criteria:

witnesses may be offered support to look after their

own protection.

in cases of low threat, a lump-sum payment may be

offered to witnesses to assist them in their own

resettlement.

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Self Protection

Respective authorities may facilitate and assist with

the move without any responsibility.

No formal agreement or memorandum of

understanding between the parties.

Authorities focus on instilling in witnesses a feeling

of security.

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Witnesses Protection Issues

Balancing of the interests of the prosecution in protecting the

witness and the rights of the accused. Importance of an open trial.

Rights of the accused in knowing who is testifying against him

Section 512 of Cr.PC gives few exceptions if the accused is not

available or has absconded and cannot be found by reasonable

means, then the court can order the witnesses to testify in the

absence of the accused.

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Witnesses Protection Issues

Costs of implementation and infrastructure for

Witness Protection Programme.

Careful selection of cases that merit protection

like: high profile, communally charged, involving

drugs or organised crime syndicates or cases

involving grave offences and terrorism cases.

Corruption in all segments of Criminal Justice

System- vulnerabilities of protected witnesses

(false identities, relocation etc)

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Punjab Witnesses Protection Act 2011 - DRAFT

A basic draft of Punjab Witness Protection Act 2011

has been prepared.

Provincial Police Officer, Punjab to establish

Witness Protection Section in the Police

Department.

PPO,CPO or DPO to decide the witness and the

kind of witness protection measures needed.

District & Sessions Judge to approve the protective

measures on the request of concerned officer.

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Witness Protection Measures (Sec.3).

Protective Measures may include the following;o making arrangements necessary:

to allow the witness to establish a new identity; or otherwise to protect the witness;

o relocating the witness;

o providing accommodation for the witness;

o providing transport for the property of the witness;

o providing reasonable financial assistance to the witness;

o permitting any person involved in WPP to use an assumed

name in carrying out duties and to have supporting

documentation.

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Witness Protection Measures (Sec.3).

o doing any other things necessary to ensure the safety of

the witness;

o taking any of the steps for a foreign witness present in

Punjab pursuant to an agreement between Pakistan and a

foreign State relating to witness protection.

o PPO,CPO or DPO shall not obtain documentation for a

witness participating in WPP that represents that the

participant has a qualification that he or she does not

have, or is entitled to a benefit that he or she is not

entitled to;

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Parameters for Inclusion the in WPP (Sec.4)

Seriousness of the offence to which the statement or

evidence of the witness relates;

Nature and importance of that statement or evidence;

Nature of the perceived danger to the witness;

Nature of the witness’s relationship to any other witness

being assessed for inclusion in the programme;

Results of any psychological or psychiatric examination or

evaluation of the witness conducted to determine his or her

suitability for inclusion in the programme;

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Parameters for Inclusion the in WPP (Sec.4)

Are there any viable alternative methods of protecting the

witness;

Whether the witness has a criminal record, particularly in

respect of violent crime, which indicates a risk to the public

if he or she is included in the programme.

A witness shall not be included in a Witness Protection

Programme unless the witness, or a person legally

responsible for the person, agrees in writing to be included

in the programme.

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Protection of Judges, Counsels, Prosecutors & Persons concerned with Court Proceedings (Sec. 6)

The Court may order such measures for the protection of a judge, public prosecutor, counsel and other persons concerned with the proceedings for an offence, which may also include the following :

In-camera proceedings or restricted entry to prevent crowding or storming of the court to intimidate the judge or to create a threatening atmosphere;

Non-publication of names of judges, counsel, public prosecutor, witnesses and persons concerned with court proceedings;

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Protection of Judges, Counsels, Prosecutors & Persons concerned with Court Proceedings (Sec. 6)

During any inquiry, investigation or court proceedings, in matter of the identification of the accused , adequate protection to a witness to protect the identity of the witness from the accused.

PPO,CCPO,CPO or DPO to take appropriate measures for the protection of the judges, accused, witnesses, prosecutor, defence counsel and anyone concerned with the court proceedings during investigation of an offence and the judicial proceedings.

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Termination of Witness Protection Assistance (Sec.7).

Protection and assistance provided under the Witness

Protection Programme may be terminated by PPO,CPO,DPO

if the participant requests in writing that it be terminated;

and

May be terminated in writing by PPO,CPO or DPO, if:

• witness deliberately breaches a requirement or

undertaking relating to the Witness Protection

Programme;

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Termination of Witness Protection Assistance (Sec.7).

• witness’s conduct or threatened conduct, in the opinion

of PPO,CPO,DPO, is likely to threaten the security or

compromise the integrity of the witness protection

programme; or

• circumstances, that gave rise to the need for protection

for the witness, have ceased to exist and keeping in view

the circumstances of the case the PPO,CPO or DPO is of

the opinion that,, the protection should be terminated.

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Restoration of former Identity (Sec.9).

PPO,CPO or DPO, if consider it appropriate to do so, take

such action as is necessary to restore the former identity of

a person whose protection and assistance under WPP has

been terminated in case the participant requests in writing

that it be terminated.

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Certain Persons not to Disclose Information (Sec.10).

Except under the orders of court, a person who acquires

information in the ordinary course of official duties relating

to the administration of the WPP, shall not be required in

any proceedings in any court, tribunal or commission of

inquiry, however described, to:

produce any document; or

divulge or communicate any matter or thing, relating to

the performance of his or her duties in connection with

WPP.

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Provision of Information to Competent Authorities

(Sec.11). A person who has been provided with a new identity or

relocated under this Act; and PPO,CPO or DPO, is notified by a competent authority that

the person is under investigation for, or has been arrested for or is charged with a serious offence, they may: release to that authority the new identity or location of

the person; provide that authority with the criminal record and

fingerprints of the person; release to that authority such other information as

PPO,CPO or DPO considers appropriate in the circumstances; and

otherwise cooperate with that authority.

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Offences Relating to Witness Protection (Sec.12).

No person shall, except in accordance with this Act, disclose

information:

o about the identity of a person who is or has been a witness

included in the WPP; or

o that compromises the security of such a person.

Penalty: fine up to five million rupees, or imprisonment for a

period not exceeding 10 years, or both.

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No person who has participated in the WPP shall, either

directly or indirectly, disclose or communicate to another

person:

o Information relating to anything done by the PPO,CPO or

DPO or any police officer under this Act; or

o Information about any police officer gained by the person as

a result of anything done under this Act.


period not exceeding five years, or both.

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This does not apply to any disclosure or communication:

o that has been authorised by the PPO,CPO or DPO.

o that is necessary to comply with an order of the competent

court.

A person in respect of whom an entry is made under this Act in

a register of births, register of deaths or register of marriages

shall not, while the entry remains in force, use or obtain any

document that is based on the previous entry.

Penalty: fine up to one million rupees, or imprisonment for a

period not exceeding five years, or both.

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A witness who has been provided with a new identity under a

witness protection programme shall not marry using the new

identity unless;

o the witness is of marriageable age;

o if the witness has been married previously to another

person, the witness is now divorced from that other person,

or that other person has died; and

o there is no legal impediment to the marriage.


period not exceeding seven years, or both.

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Rules Making by PPO (Sec.14).

PPO, with the approval of the Provincial Government, may by

notification in the official gazette, make rules for carrying into

effect the provisions of this Act.

For direction and control, PPO may issue standing orders not

inconsistent with the Act or rules made hereunder for the

efficient functioning of the Witness Protection Programme.

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WAY FORWARD

Enactment and promulgation of Punjab Witness

Protection Act 2011, after getting input from all the

stakeholders.

Appointment of a focal person to establish Witness

Protection Section (WPS) in Punjab Police.

Preparation of PC-1 to establish the WPS.

Provision of necessary budgetary support.

Hiring of requisite staff for WPS.

Provision of necessary logistic support to the WPS.

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WAY FORWARD

Training of all the stakeholders in the Criminal

Justice System about the Witness Protection

Programme.

Inauguration of the Witness Protection Programme.

Monitoring of the implementation of Witness

Protection Programme by a high level committee,

headed by PPO, with representation from all the

stakeholders in CJS.

Quarterly review of the progress made in the

implementation of WPP and submission of report to

the CM.

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THANKS

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Witness protection in punjab

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