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Vulnerable witnesses in the court room - The Delhi High Court Initiative. Who is a vulnerable witness? Child witness Victims of sexual offences Victims and witnesses in dangerous crimes. Criminal Justice System was NOT developed with children in mind.
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Vulnerable witnesses in the court room- The Delhi High Court Initiative
Who is a vulnerable witness? • Child witness • Victims of sexual offences • Victims and witnesses in dangerous crimes
Criminal Justice System was NOT developed with children in mind
“Why is everyone dressed like penguins”? - A Child Witness
Important to minimize secondary victimization Please keep in mind our unique requirements with reference to Language, Memory, Disposition, Cultural Context and the Environment while asking us for information
The problems posed by the justice system • Having to tell many different people what happened • Long wait before trial goes to court • The possibility of having to face the accused • The use of age-inappropriate language in the court • The use of cross-examination which is designed to “catch witnesses out”.
“Guidelines For Recording of Evidence of Vulnerable Witnesses in Criminal Matters” The Guidelines draw from legislations and guidelines from all over the world including the United Nations Guidelines, New Zealand, Australia, Canada, South Africa, UK, USA, Philippines. Provision has been made inter alia for: • support person, facilitator, guardian ad litem, legal aid • pre-trial visit to court complex • Interaction with judge and prosecutor
Guidelines… • concealment of witness identity • developmentally appropriate questioning • use of screens, one way mirrors and other devices http://delhihighcourt.nic.in/writereaddata/upload/Notification/NotificationFile_LCWCD2X4.PDF
From inauguration of the Chid Witness Court Room on 16th September, 2012 to 16th September, 2014
From inauguration of Second Court Room on 11th September, 2013 to 16th September, 2014 Total number of victims / witnesses examined = 146
Objective of the Programme • securing best interests of the witness. • ensuring confidentiality and security of the witness • eliciting complete, accurate and reliable evidence. • minimizing harm or secondary traumatization of witness. • ensuring rights of the accused to fair trial.
Some barriers to an enabling witness experience • Law teachers, judges, prosecutors and defence lawyers are all from the same social – cultural milieu and carry with them stigma, bias, discomfort, etc. • Understanding of the dynamics of violence, trauma and development is not given the attention/importance it warrants. • Training of judges and prosecutors is inadequate to address lacunae – e.g. to assess competency of a vulnerable witness - child or a witness with disabilities. Intimidating experience for witness and compromises justice dispensation
Success of the Programme Depends on Judicial leadership by actively engaging with the witness in pre trial-visit, court appearance and during testimony and cross-examination Judicial intervention must ensure that the witness in the court room is treated with respect and questioning is fair, and developmentally appropriate, that the dignity and self respect of the witness is preserved throughout the court room appearance.
The Design - a Team Effort • The court room concept and design required multi-discipline inputs and initiative from not only Delhi, but from across the world. • Some notable contributories are mentioned: • Alison Cunningham, then Director from the Institute of Research & Planning, Centre for Children & Families in the Justice System, Canada. • Dr. Karen Muller and Ms. Karen Hollely of the Institute for Child Witnesses, South Africa.
The Design – a Team Effort… • Ms. Maxine Hoo of Victims Support, U.K. who showed the victim support system in the Crown Court in Birmingham and also shared valuable information. • Mr. Balbir Singh, Barrister from United Kingdom. • Dr.AchalBhagat, Psychiatrist assisted by his associate Ms.BakulDua visited Karkardooma Complex repeatedly and guided us from optimizing the rooms’ size to choice of colours. • Ms. Vidya Reddy, Tulir, Centre for the Prevention and Healing of Child Sexual Abuse, Chennai. • Ms. AparnaBhat, a lawyer specialising in cases of violence against women, especially prosecution of rape trials.
Ms.GeetaRamaseshan, Advocate, Chennai. • Prof. VedKumari (Incharge, Law Center-I, Delhi University) • Several judges were joined in final scrutiny of the draft guidelines including: Mr.S.S. Rathi, Ms.Nirja Bhatia, Mr.BharatPrashar, Mr.RakeshSyal, Ms.ArchanaSinha and Mr.Praveen Singh [Delhi Higher Judicial Services (DHJS)]
The Design – a team effort • Dr. AchalBhagat • Ms.Vidya Reddy • Prof. VedKumari • Mr.Dayan Krishnan • Mr.SidharthLuthra, Sr. Advocate
The Design – a team effort Ms.Vidya Reddy Ms.Alison Cunningham
