Abstract
The justice system relies heavily on evidence to establish the commission of a crime. In most complex criminal cases such as human trafficking and terrorism this evidence are not readily or easily accessible for a number of factors. One of such reason is that most times victims may be dead and so cannot give oral testimony of what happened to them. Other reasons that were the victim or witnesses of complex crimes are children or women they are usually vulnerable and are over taken with fear of what may happen to them or members of their family if they reveal the truth of what they know. For this reason, it is difficult for them to step out to give evidence to the police not to talk of give oral testimony in the open court of what they witnessed. Where in the cause of an investigation of a crime the police however stumbles into human evidence who witnessed the commission of a crime or is a victim it is the duty of both the investigator and the prosecutor to protect such vital witness knowing how sensitive and vital their evidence would help to bring about closure on the perpetuators of the crime. This paper identifies the challenges of witnesses and victims of complex crimes, in supporting the justice system by giving evidence of the commission of a crime without being protected by the State. For this reason, the paper proffers solutions on witness protection measures that can be made available to them. Keywords: Victim, witness, vulnerable witness DOI: 10.7176/JLPG/112-11 Publication date: August 31 st 2021
Highlights
This paper identifies the challenges of witnesses and victims of complex crimes in supporting the justice system by giving evidence of the commission of a crime without being protected by the State
In order for the prosecutor in a criminal trial to prove his case before a trial judge, he would be required to adduce evidence
Such evidence has to be tendered as exhibit by a prosecution witness or oral evidence by one who witnessed the commission of the crime
Summary
In order for the prosecutor in a criminal trial to prove his case before a trial judge, he would be required to adduce evidence. Witness protection is an indispensable tool in the fight against domestic and international crime This is especially because victims and witnesses are the cornerstones for the success of justice and accountability for criminal offences and complex cases such as terrorism offences. Given the nature of these offences, it is important that victims and witnesses who interact with the justice process on these crimes have confidence that their safety and security will be assured They need to be guaranteed that they will receive support and protection from intimidation and harm that perpetrators or their supporters or others may seek to cause, in order to intimidate, discourage or silence them from testifying. Available on www.unodc.org/documents/southeastasiaandpacific//Publications/Projects/indonesia/Good_practices for_the_protection_of_witnesses_ in_criminal_proceedings_involving_organized_ crime.pdf, (Accessed 23rd June 2020). The paper concludes with recommendation and conclusion in the fifth part
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