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NHRC endorses robust protection measures for victims and witnesses

Mar 15, 2024, 11:00 AM | Article By: Isatou Ceesay Bah

The National Human Rights Commission (NHRC) confirmed the validation of the victim and witness protection policy at an event held at the Bakadiji Hotel in Kololi on 13 March this year.

This crucial step underscores their commitment to safeguarding the rights and well-being of those involved in legal proceedings.

With backing from the American Bar Association (ABA), the National Human Rights Commission collaborated with a consultant to formulate a victim and witness protection policy. Stakeholders, including representatives from the Ministry of Justice, Ministry of Interior, Gambia Police Force, Gambia Armed Forces Tango, and ICTJ, actively supported this collaborative effort.

The Victim and Witness Protection Policy aims to provide a comprehensive framework that guarantees the rights, safety, and support of victims and witnesses involved in legal proceedings, ensuring their cooperation, and safeguarding their well-being throughout the judicial process.

“The Victims and Witnesses Protection Policy is a set of guidelines, procedures, and legal provisions designed to safeguard the safety, well-being, and rights of individuals who have been victimized by crime or who are witnesses to criminal activities,” said NHRC’s chairperson Emmanuel Daniel Joof.

“The primary objective of such policies,” he added, “is to ensure that victims and witnesses are adequately protected from harm, intimidation, retaliation, or any form of undue influence that may compromise their ability to participate effectively in the criminal justice process.

“Overall, a Victim and Witness Protection Policy aims to create a supportive and secure environment that encourages victims and witnesses to come forward, report crimes, and cooperate with law enforcement authorities, thereby enhancing the effectiveness of the criminal justice system in holding offenders accountable and ensuring justice for victims.”

 

ELysee Sindayigaya, the Chief of Mission of the American Bar Association (ABA), emphasised that the initiative, rooted in the recommendations of the Truth, Reconciliation, and Reparations Commission (TRRC), “signifies a pivotal step” in the government's commitment to implementing justice reforms, as spearheaded by the Ministry of Justice.

“The TRRC's truth-seeking process is an ongoing journey, and it's imperative to recognize that the pursuit of truth is inseparable from the safeguarding of victims and witnesses and their ability to testify without fear or coercion is fundamental to uncovering the truth and achieving justice,” he said.

Kebba Nfally Darbo, a representative from the Ministry of Interior, highlighted that the Interior ministry is tasked with internal security, while underscoring the significance of the inaugural National Victim and Witness Protection Policy's validation workshop.

He reaffirmed that establishing a protection mechanism is crucial for securing the cooperation of victims and witnesses in investigating and prosecuting criminals as well as in creating a secure environment, which is essential to achieving witness and victim cooperation and ensuring  they freely participate in the process. Without adequate protection, he emphasised, their willingness to contribute may be compromised.