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Contents

Part II · Rights and Entitlements of Victims of Crime and Witnesses

9. Rights and entitlements of a witness

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

A witness shall always be treated with respect to his dignity and privacy in a manner that is fair in all circumstances.

(2)

Every witness is entitled to protection and it shall be the duty of the State to provide such protection.

(3)

(a)

A witness shall be entitled to provide any information or make a statement freely and voluntarily to any court, Commission or law enforcement authority relating to the alleged commission of an offence or infringement of any fundamental right or violation of any right granted under the ICCPR Act.

(b)

Subject to the provisions of the laws of evidence, and subject to the service of summons at the discretion of a court or Commission on a witness, a witness shall be entitled to testify before any court or Commission freely and voluntarily.

(4)

Where the participation of a witness is required prior to, or during the course of, an investigation or inquiry, or during the pendency of any proceedings in any court or

Commission, such witness shall not be harassed, intimidated, coerced or treated in a manner that violates his rights and entitlements set out in this Act.

(5)

A witness shall be entitled to protection against any real or possible harm, threat, intimidation, reprisal or retaliation resulting from such witness-

(a)

having provided information or communication or lodged a complaint;

(b)

having made a statement or submitted an affidavit to any law enforcement authority during an investigation or inquiry;

(c)

having provided any testimony or given any evidence in any court or before any Commission;

(d)

being a public officer, having been engaged in any manner in the administration of justice; or

(e)

for instituting legal proceedings, in relation to the commission of an offence or infringement of any fundamental right or violation of any right granted under the ICCPR Act, by any person.

Part III

Offences Against Victims of Crime and Witnesses

Part IV

Entitlement of a Victim of Crime or Witnesses to Seek Protection

Part V

Establishment of the National Authority for the Protection of Victims of Crime and Witnesses

Part VI

Appointment of the Director-General and Staff of the Authority

Part VII

Victims of Crime and Witnesses Assistance and Protection Division

Part VIII

The Assistance and Protection Programme for Victims of Crime and Witnesses

Part IX

Compensation and Interim Awards

Part X

Testimony Through Contemporaneous Audio-Visual Linkage

Part XI

Finance

Part XII

General

Schedules