The safety of witnesses in the case must be protected
The evidence of many criminal law cases depends upon the witnesses. But in Bangladesh, it has been extensively recorded that witnesses face threats in criminal cases. In various criminal cases, including robbery and rape, they do not want to appear in court to testify. And they hesitate to go to court because of terror. The fears of violence, financial limitations, lack of confidence in the judiciary system, pressure by the accused, lack of state protection and lengthy judicial procedures reluctant them to say the truth. As a result, the trustworthiness of the case is reduced, in many cases the case is dismissed. This makes criminals more motivated to commit crimes.
According to an article published in the newspaper yesterday, Monday (July 15), 43 percent of the witnesses do not want to give evidence as a witness in a law court, 24 percent are afraid to be a witness, 28 percent of the witnesses reported threats from the accused. These facts have come out in a research report of the police headquarters titled 'Absence of witnesses in criminal cases: Ways of transition'. It is a very negative aspect for the judicial system and legal process of Bangladesh. If this continues, many judicial processes will decrease and various types of crimes will increase in the society.
We know that this has been a major problem in Bangladesh's justice system for a long time. These problems have also happened in many plays, movies and stories. People of this country remain silent even when they see crimes happening in front of their eyes. Keeps himself away for fear of witnessing. Even if one dares to testify, he also faces many forms of harassment. Many times, death threats have to be faced.
But a criminal case cannot proceed without the presence of witnesses. And it is the government's responsibility to ensure the safety of witnesses in the case. The government must ensure the safety of witnesses. Otherwise, the rule of criminals will be established in the country. Especially in cases of murder and rape, witnesses are often reluctant.
Witnesses stay away from these cases because of the safety of their lives. It is clearly stated in the constitution of Bangladesh that the safety of the witnesses in the case must be ensured. Why do witnesses suffer from insecurity?
It is not difficult to understand why, as people would want to testify in court with an axe hanging over there and their family's neck. So, there is a desperate need for a witness protection policy in our country. An effective witness protection policy, or law, if enforced appropriately, would drastically improve the speed and efficiency of investigation and prosecution stage. It would possibly also speed up the trial, and slowly drain the oceans of pending cases that is clogging our courts.
To bring positive changes in our sluggish legal system, it must be ensured that witnesses are protected and feel safe to come forward and testify. This requires a unified legislation, comprehensive legal framework and increased resources for protection, and efforts to combat corruption and impunity. If a case is not conducted properly in the absence of a witness, it will reveal the failure of the legal system. And the failure of the judiciary means the failure of the state. Because the modern state is governed by the legal system. In that legal system witness is a big part.
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