Appendix IV: Rights of the victims of crime

Footnote: This is the text of a pamphlet recently published by Janasansadaya (People’s Forum), for public distribution.

The victims of crime have the right to make complaints by telephone or any other speedy means as quickly as possible. This right implies that the complaint- receiving mechanism in the police must be efficient, fast and professionally competent.

The victims of crime have the right for speedy investigation into crimes. This implies that the police investigators must visit the scene of the crime immediately, and all evidence must be collected without delay. The investigators must be educationally qualified and professionally trained persons of integrity who will not initiate an investigation due to extraneous reasons or pressures.

The victims of crime have the right for their cases to be filed in court as soon as possible.

The victims of crime have the right not to have cases dismissed due to the negligence of prosecuting officers. For example, if the police do not attend court on the dates required, fail to display items of evidentiary value, or do not file reports in due course they violate the victims’ rights.

The victims of crime have the right for their cases to be handled by educationally qualified and professionally competent prosecutors. In the cases of serious crimes the victims have the right to proper services from state counsels under the Department of the Attorney General. The Department’s workload should not be an excuse for delaying the filing of cases before High Courts. The rights of the victims of crime outweigh administrative problems. These administrative problems should be dealt with in a manner that will not be detrimental to the rights of the victims of crime.

The victims of crime have the right to see that those officers who act in a way to deny them justice are punished. This implies that the state must pay compensation to the victims of crimes where criminal investigators and prosecutors, due to their negligence, prevent the victims of crimes from obtaining justice.

The victims of crime have the right to have actual criminals arrested and prosecuted and not be bluffed by the arrest and prosecution of innocent persons as substitutes for actual criminals.

The victims of crime have the right that the police be free from links with criminal elements. They must not be corrupt and must be absolutely committed to maintain law and order.

The victims of crime have the right to a disciplined police force under the control of competent high-ranking officers. The police must wear their uniforms and other identification marks, for example, their unit names. They should at all times be polite and act in a manner required of public servants.

The victims of crime have the right not to be compromised by illegal police activities. They have the right not to feel that due to their complaints people have been tortured or otherwise treated inhumanely. They have the right not to feel guilty for having initiated cruel acts such as torture, extra-judicial killings, disappearances and illegal arrests done in their names by errant law enforcement officers 

 

REFORM THE PROSECUTION SYSTEM IN SRI LANKA!

 

People against Torture, SETIK, Torture Victims Forum, Kurunegala District Human Rights Forum, Families of the Disappeared, Right to Life, Rule of Law Centre, Asian Human Rights Commission-Hong Kong, Janasansadaya (People’s Forum)

For information: 81/2 Arthur V. Dias Mawatha, Panadura, Tel: 038-22-35191