Witness protection law 'crucial'<\/p>\n
Tony Hotland, The Jakarta Post, Jakarta<\/p>\n
As lawmakers gear up to deliberate the long-awaited law on the
\nprotection of witnesses and victims of violence, experts have
\nsaid that it must be comprehensively discussed and detailed in
\norder to push forward judicial reform.<\/p>\n
The House of Representatives agreed last month to sponsor the
\nbill, which is just one of 55 bills on a priority list for
\nenactment this year, and is as seen crucial in order to crack
\nmajor cases that often go unresolved because witnesses are
\nunwilling to testify.<\/p>\n
Lawmakers said witnesses have not been given adequate rights
\nin order to ensure their safety.<\/p>\n
A draft of the bill seeks to establish facilities to provide
\nprotection to witnesses and victims through the whole process of
\na trial heard in either public or in military courts.<\/p>\n
According to the draft, protection will be provided by a
\nspecial agency under the President. It would have seven members
\nwho come from the National Commission on Human Rights (Komnas
\nHAM), the police, the Attorney General's Office, the justice
\nministry, academics, and non-governmental organizations.<\/p>\n
A person who feels threatened may make a request for
\nprotection to this agency. A decision as to whether or not to
\ngrant protection would be determined within seven days of the
\nrequest being filed.<\/p>\n
A witness or victim would need to sign an agreement in which
\nhe or she promises to abide by all rules set down by the agency,
\nincluding not making contact with particular persons.<\/p>\n
Under the draft, a witness or victim will be entitled to
\ncertain rights, including protection from physical or
\npsychological threats that may result from his or her testimony
\nin a criminal case. They will also have the right to legal
\nassistance.<\/p>\n
Witnesses or victims may be given new identities. They would
\nbe given information on the progress of the case, as well as
\nbring notified if persons sentenced to terms of imprisonment as a
\nresult of the case have been released from prison.<\/p>\n
To ensure confidentiality, a witness or victim would be
\nallowed to give testimony without having to be present in the
\ncourt, with the approval of the judge presiding over the case.<\/p>\n
Acts of violence towards witnesses and\/or victims that result
\nin them not being able to testify would carry a maximum sentence
\nof four years in prison and\/or maximum Rp 200 million (US$20,408)
\nfine.<\/p>\n
Anyone found guilty of revealing information about a protected
\nwitness or victim would be subject to a maximum three years in
\nprison and\/or a maximum Rp 100 million fine.<\/p>\n
Commission for Missing Persons and Victims of Violence
\n(Kontras) coordinator Usman Hamid said the law should also spell
\nout the basis on which witnesses or victims are granted
\nprotection.<\/p>\n
\"Whether it's on the basis of the profile of the case or on
\nthe possible level of threat, because it's not possible to
\nprovide protection in every criminal case,\" he said, taking gross
\nhuman rights violations and corruption cases as examples.<\/p>\n
Usman said the government should empower existing institutions
\ninstead of setting up a new agency to avoid overlapping and to
\ncut through red tape.<\/p>\n
\"We already have the Corruption Eradication Commission, Komnas
\nHAM, the police, and the Attorney General's Office. It's already
\npart of their job to protect witnesses or victims.<\/p>\n
Apart from this, setting up branches for a new agency across
\nthe country would be costly. In addition, any new agency would be
\nnon-judicial in nature, while the existing institutions are
\nalready judicial,\" he argued.<\/p>\n
Noted lawyer Todung Mulya Lubis said providing protection to
\nwitnesses and victims was quite complicated, thus coordination
\namong related institutions was essential.<\/p>\n
The House is slated to start deliberating the bill after its
\ncurrent recess ends in August.<\/p>",
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