• Information prior to trial. Prior to trials, victims and witnesses should be familiar with the
trial process and the courtroom itself. They should understand both the defence’s right
to challenge the prosecution’s version of events and their own right to be treated with
respect and dignity.
It is important that witnesses do not feel that they have been manipulated for the sake of
obtaining a conviction. This runs the risk of denigrating victims even further if the supposed
vindication of their rights is a process that appears abusive or insensitive, or takes risks with
victim security.
It is desirable for NGOs working with victims to assume a broader educational and strategic
role in helping them with prosecutorial efforts.43 Ideally, a liaison unit within the prosecution
team could help NGOs develop an approach that addresses a number of key issues, such as risk
assessment, realistic expectations, prosecutorial strategy, the role of witnesses, the rights of
victims, and what to expect from the prosecuting authorities in terms of treatment, communication and transparency. Such an approach is not only ethically desirable, but has the strategic
benefit of allowing victims to feel invested in the process, thus enhancing their inclination to
cooperate, even when matters are not going well.44
2. Witness protection
Another essential element in respecting the dignity of victims is to ensure that there are adequate protections in place for those who will need to testify. The principle in protecting potential witnesses must be to “do no harm” and to ensure their well-being, prior to, during and
after the proceedings. Persons who lack adequate support from relatives or the community may
be difficult to protect, even in a well-developed witness protection system. Special protocols
should be developed for dealing with women and children.
Effective witness protection involves many aspects, including:
• Completing thorough and ongoing risk assessments;
• Training investigators on how to interact with victims and potential witnesses;
• Involving trauma experts and psychological counsellors in the investigation;
• Providing victims and witnesses with adequate information of the process and their
rights;
43
T his must never amount to coaching them in terms of evidence or in manipulating them into committing to give testimony
when they may have legitimate grounds for preferring not to. The focus of such a role is to allow victims to come to a decision
on their participation in the light of a full understanding of the process and associated risks.
44
T he victim liaison team might deal with different matters, including specific security and health issues. Again, its mandate has
to be realistic and honest from the outset and should avoid creating unrealistic expectations or converting the prosecution
service into a humanitarian organization.
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