Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Shree. ( Advocate.)     19 September 2008

New law needed for witness protection ????

New law needed for witness protection ?????

  There is an urgent need to bring forth a bill of right to preserve and protect victims' and witnesses' rights, and due process. This is necessary to ensure that such persons participate in the legal process without fear, so that justice can be assured.

Post your valuable comments regarding this topic.



Learning

 2 Replies

N.K.Assumi (Advocate)     19 September 2008

Dear Shree,


That is truly a thought provoking issues. I am posting herewith the UN delaration on the topic.


Good Practices for the Protection of Witnesses in Criminal Proceedings Involving Organized Crime In recent years transnational organized crime has grown. Criminal organizations are becoming stronger and more diverse. They are engaging more and more frequently in systematic forms of cooperation designed to further their criminal activities. In the investigation and prosecution of crime, particularly the more serious and complex forms of organized crime, it is essential that witnesses, the cornerstones for successful investigation and prosecution, have trust in criminal justice systems. Witnesses need to have the confidence to come forward to assist law enforcement and prosecutorial authorities. They need to be assured that they will receive support and protection from intimidation and the harm that criminal groups may seek to inflict upon them in attempts to discourage or punish them from cooperating. The United Nations Convention against Transnational Organized Crime and its Protocols call upon State Parties to introduce appropriate measures to prevent witness intimidation, coercion, corruption or bodily injury, and to strengthen international cooperation in this regard. Often though, even where such measures have been legislated, implementation remains lessthan satisfactory and further progress is needed particularly with regard to cross-border cooperation especially regarding the change of identity and relocation of at-risk witnesses. Experience has shown that in witness protection there are no easy solutions. However this publication, developed by the United Nations Office on Drugs and Crime following a series of regional meetings with expert representatives from law enforcement, prosecutorial and judicial authorities, has been designed to assist and support Member States in the establishment and operation of effective witness protection programs. It provides a useful account of available measures and offers practical options suitable for adaptation and incorporation in the legal system, operational procedures and particular social, political and economic circumstances of Member States. I am confident that the publication should serve as a useful and valuable tool for policymakers, legislators, legal practitioners, senior law enforcement and justice officials involved in the protection of witnesses.


Antonio Maria Costa


Executive Director


United Nations Office on Drugs and Crime Vienna – January 2008

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     20 September 2008

Yes. I too supporting the THOUGHT as an experienced advocate.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register