THE old affliction of failed enforcement has rendered another law lifeless. Enacted over a decade ago, the Sindh Witness Protection Act, 2013, was a crucial and comprehensive measure to provide foolproof security to witnesses in criminal cases, including accommodation for them, lifetime security, monetary support and compensation for heirs in the event of the shielded person’s death. The Sindh High Court was informed on Wednesday that, for eight long years, stakeholders had not responded to the draft of the Sindh Witness Protection Rules, but the law department insisted that the drafted rules had been verified in September 2014. The state’s inability to keep witnesses safe even when it is cognisant of threats to their life, family and property has led to abysmal conviction rates, allowing the culpable to walk free. A report released in 2020 revealed that the absence of a witness protection programme impacted at least 1,700 cases at 33 anti-terrorism courts.

There is no dearth of instances where witnesses in prominent criminal and terror cases have been eliminated, or magistrates have dropped murder charges because people stayed out of witness stands. Callous attitudes have to change; rather than tilting towards offenders, the system must facilitate safe depositions against the accused by permitting testimonies to take place via video links. Such a provision allays fears about an individual’s protection in court when powerful actors are involved. Indeed, the present scale of militancy and crime does not allow for more primary eyewitnesses to turn hostile. A crumbling criminal justice system cannot be rescued without foolproof investigations, improved, sensitised policing and a robust witness protection mechanism. With witness protection laws in all provinces, Pakistan can ill afford complacency. Hence, in camera trials, identity protection, economic benefits and decent, discreet and heavily guarded safe havens need to be seen as preconditions to peace. While these aspects pose financial and procedural challenges, they do promise a leap forward.

Published in Dawn, May 10th, 2024