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High-tech
remedy for crippled HR trials
•
Parliament likely to pass ‘Witness Protection’ Bill
this week
• ‘Live’ testimony of witnesses via video conferencing
• HR activists cautious; Warn of Govt. amendments to
hinder process
By
Rathindra Kuruwita & Stanley Samarasinghe
Parliament is soon to pass landmark legislation
allowing witnesses to provide ‘live’ audio visual
testimony that will now be accepted in a court of law and
by commissions of inquiry, a move hailed by human rights (HR)
activists, who have been lobbying for better protection for
witnesses in high profile HR cases.
“Live” audio visual testimony from witnesses unable
to be physically present in court or, before a commission,
will now be accepted according to the new ‘Assistance
& Protection to Victims of Crime & Witnesses’
Bill, said HR Minister Mahinda Samarasinghe, who presented
the draft legislation in Parliament yesterday.
The fact that, live audio visual testimony from witnesses
was not permissible in the courts, led to the Government demanding
that the practice cease, leading to the suspension of the
activities of the Presidential Commission of Inquiry (CoI)
which was investigating key HR violations in the country.
“Although our laws already accept “pre recorded”
audio and video evidence, this is the first time that, “live”
evidence is going to be accepted,” he said. “I think,
this is one step closer towards accepted international norms
and best practices,” he added. The Minister accepted
that, the non acceptance of live audio visual testimony of
witnesses and the absence of an effective Witness Protection
scheme, had seriously hampered the activities of the CoI.
The establishment of a Witness Protection programme was also
one of the principal recommendations of the IIEGP, who were
here as observers to the CoI.
“It was one of the recommendations of the international
experts present in Sri Lanka to observe the work of the CoI,
and we realised that, the absence of it hampered the CoI’s
activities,” he said. “By establishing a programme
that protects the right to life and security of a person,
we are adhering to two of the most important rights enshrined
in international HR instruments,’ he added.
The Bill will not only cover the individuals who have been
victims of crime but also, individuals whose HR has been violated.
The Minister added that, this shows the Government’s
desire to protect the rights of its citizens and its adherence
to international best practices.
“Through this Bill, we have guaranteed the rights of
the victims, including the right to be present and participate
in criminal justice processes and access to legal and medical
advice,’ he said. The Minister also added that, the Bill
also provides mechanisms to implement the law.
“The letter of the law is not important but, what is
important is the implementation, and we have provided a mechanism
for the promotion, protection, enforcement of the rights and
entitlements provided for by the Bill,’ he said.
However, the Minister also warned that, there are “potential
abuses” that could result from allowing live audio visual
testimonies from witnesses, and have established stringent
safeguards to prevent such instances.
“There is always a chance for abuse, especially, if the
person is living abroad. We have included safeguards in the
Bill to ensure that, when live evidence is taken by video
link, the court or commission can be certain that the evidence
is untainted,’ the Minister said.
Bill
for EU consumption: JVP
Parliament was in uproar, when the ‘Assistance &
Protection to Victims of Crime & Witnesses’ Bill
was taken up for debate yesterday.
UNP MP Dayasiri Jayasekara claimed that that the Opposition
was not fully informed of the new Bill. He added that, although
the Opposition was not informed of the Government’s amendments,
“These were only handed out today. This is an important
Bill and we have our objections regarding certain clauses
and we believe that, we need to be properly informed,”
he said.
Meanwhile, Opposition Leader Ranil Wickremesinghe asked the
Government not to rush through this important Bill and to
give ample time for the Opposition to study the Bill.
Meanwhile, JVP MP Vasantha Samarasinghe stated that the Government
has decided to put forward the Bill at this particular juncture
to impress the European Union (EU) delegation which was visiting
Sri Lanka.
“We support this Bill, but why rush through this and
do it halfway?” the JVP MP asked. “The Government
is doing this to impress the EU delegation on tour, but when
you rush into things, you normally end up doing things by
halves. That should not be done,” he said. (RK)
‘Wait
and see’ – HR activists
Meanwhile, several prominent lawyers and HR activists
claim that whether the ‘Assistance & Protection to
Victims of Crime & Witnesses’ Bill will have a positive
impact on the HR situation on the country, will depend on
its implementation.
Jeevan Thiagarajah, of the Consortium of Humanitarian Agencies
in Sri Lanka, told The Bottom Line that, the ‘Witness
Protection’ Bill is a step in the right direction but,
he added that, the impact of it will depend on its proper
implementation.
“Although
they agree with the Bill in principle, the fact that, the
Government did not properly inform the interested parties,
is a cause for concern,” said HR lawyer and activist,
Chandrapala Kumarage.
“We have no idea of this, because we were not informed,”
he said, adding that, they have received information that
the Government will amend the Bill, so that, an agent of the
AG’s Department would be sent to meet the witness, which
would draw into question the essence of the process.
“That is not good, since these people are away and give
testimonies via electronic media, because they are afraid
to stay in the country,” he said. “But, if a Government
agent goes there, that will intimidate that individual,’
Kumarage added.
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