IN the investigation and prosecution of crime, particularly the more serious and complex forms of organised crime, it is essential that witnesses, the cornerstone for successful investigation and prosecution, have trust in the criminal justice system.

As the United Nations Office on Drugs and Crime has pointed out, witnesses must have the confidence to come forward to assist the law enforcement and prosecutorial authorities. They need to be reassured that they will receive support and be guarded from the threats that criminal groups may hurl at them in their attempts to discourage witnesses from or punish them for cooperating.

According to a recent study carried out by the crime investigation department of the Punjab police, more than 80pc of terrorism cases resulted in acquittal of the accused before the anti-terrorism courts due to the witnesses having resiled from their earlier testimony during the trial or simply declining to appear in court because of the pressure applied by hardened criminals.

Many examples demonstrate that in witness protection there are no easy solutions. However, the Sindh government must be complimented for getting the Witness Protection Act passed by the provincial assembly recently.

It is indeed a historic first and a landmark move as claimed by the provincial law minister. It has been finally recognised that it is a key duty of the state to provide assistance and protection to persons who can be harmed by criminals because they are cooperating with the justice system.

Witness protection became a legally sanctioned procedure in the US in the 1970s and was seen as crucial to meeting the challenge of dismantling mafia-style criminal organisations. Until that time, the unwritten ‘code of silence’ had held sway. The threat of death loomed for anyone who cooperated with the police. The Organised Crime Control Act of 1970 empowered the US attorney general to provide for the security of witnesses who agreed to testify truthfully in cases involving organised crime and other forms of serious crime.

It was after the ghastly murders of witnesses, especially in the case of the January 2011 killing of TV journalist Wali Babar in Karachi, that the government of Sindh finally realised the significance of protecting key witnesses. There are scores of cases of sectarian murders and targeted killings in which the witnesses have been violently silenced.

According to the chairperson of the Human Rights Commission of Pakistan, the law is a good move. However, she also pointed out that, “it is a trend in Pakistan that laws are designed and approved but their enforcement remains ineffective”.

Witness protection is particularly important in fighting against terrorism. The secret nature of militant groups makes it difficult to apply the usual trial methods. Other measures are often required.

Examples show that protection can be given in a variety of ways. A police escort could accompany the witness to the courtroom or the witness could be offered temporary residence in a safe place. Modern communications technology (such as video-conferencing) for testimony is another way to protect those giving crucial testimony. There are some cases, though, when cooperation by a witness is hampered by the powerful reach of a group. In such cases, extraordinary measures may be required to ensure the safety of the witness.

Often such cases see the witness being given a new name and settled in an undisclosed location either within the country or abroad.

Victims have a central role in the court process. They may be the complainant who start the proceedings or they could be witnesses. Because of the victims’ vulnerability, there is general consensus that they should receive assistance at every stage of the trial as well as before and after it. Victim-witnesses should be given preference in a protective programme in the case of critical testimony, the absence of other effective measures of protection and in the presence of a serious threat to their life.

The effects of witness protection programmes are maximised when a multi-pronged approach is adopted starting with the application of temporary police measures, continuing with the use of secure evidentiary processes during court testimony and culminating, when all other measures are deemed to have proved insufficient, in identity change and relocation procedures.

The Witness Protection Advisory Board headed by the home secretary in Sindh must realise that staffing is a crucial element for the success of the protection programme. Witness protection officers must have particular qualities and skills for their role as protectors, interrogators and investigators. So the first task of the advisory board is to decide where to find people with such qualifications.

Some of the most important elements in the successful operation of witness protection programme are: a clear legal basis for designing a methodology; adequate financing that is stable and continues for several years; strict personnel vetting procedures; protection of the programme’s integrity; close coordination with judicial and other government authorities who are responsible for law enforcement and intelligence, prison administration, housing, health and social welfare departments; obligation of all stakeholders to provide appropriate assistance; and safeguarding the information disclosed to them.

The success of the programme is dependent on upholding the following principles: operational autonomy from the regular police; secrecy and security of information; and shielding from political and other extraneous influences in the work of the programme. Even though a witness protection programme can be expensive, the costs prove minor when compared to the programme’s contribution to the effectiveness of prosecution in cases of serious and organised crime.

Finally, even when such measures have been legislated, implementation remains less than satisfactory. Therefore, it is for the policymakers, legislators, legal practitioners, senior law enforcement and justice officials involved in the protection of witnesses to translate this excellent initiative into a successful model. The federal government and other provinces can emulate it and make a difference to the efforts to promote the rule of law and ensure justice.

The writer is advisor on rule of law and criminal justice to the United Nations Office on Drugs and Crime.