WITNESS PROTECTION LAWS: COMPARATIVE MODELS AND REFORM OPTIONS FOR PAKISTAN

Abstract

Witnesses are a key component of the criminal justice process. But, along with the legal obligation for a witness to testify truthfully goes the necessity of having confidence in the ability of the State to prevent the witness from being intimidated, retaliated against, coerced or physically harmed. In Pakistan, a number of legislations related to witness protection have already been passed such as the Witness Protection, Security and Benefit Act 2017 and in provinces such as Punjab, Sindh, Balochistan and Khyber Pakhtunkhwa. However, the level of effective protection in practice has not been consistent with the level of protection ensured by the law. A lack of centrality and institutional synergy, together with limited financial resources and non-uniform practices and potential threats of intimidation have made the current system less credible.

This article compares the laws and legal regimes in Pakistan, the USA, UK, Australia India and South Africa for the protection of witnesses. It suggests not to simply import the extremely centralized model of WITSEC from the United States in Pakistan. What is needed is hybrid arrangement of statutory protection, independent decision-making, risk assessment, relocation, identity protection, technological safeguards, psychosocial help and judicial oversight, for which Pakistan is sorely lacking. The article suggests the creation of a National (and provincial) Witness Protection Authorities, backed by coordinators; a specific Fund for the protection of witnesses; uniform criteria for granting the status of witness; which must be enforced; the use of video-link testimony; and the creation of a statutory mechanism for emergency protection of witnesses. That the central argument in this context is that the right to access to an effective and fair criminal justice system cannot exist without witness protection, rather than it being a merely an ancillary police function.