The ‘Assistance to and Protection of Victims of Crime and Witnesses Act’ was passed in 2015, but since its passage, much of the discourse surrounding the law has been on the need for reform and so, little is known about the rights and entitlements the public has under this law and how to claim them. The primary purpose of this law is to provide assistance to victims and witnesses, and in doing so the law sets out a host of rights and entitlements that these groups can access, and the mechanism for enforcing them. The nature of these rights and entitlements make it an especially useful tool to be accessed by victims of sexual and gender-based violence (SGBV). Victims of SGBV feeling that they can safely report crimes without having to face retaliation is an essential part of tackling the problem of such violence, and the successful implementation of this law can set out the necessary conditions for this. 

The law provides for a ‘National Authority for the Protection of Victims of Crime and Witnesses’, which was established in 2016. This Authority has wide powers to give effect to the purposes of the law. Among other things, the law recognizes the right of the victim to be protected from any harm, and in doing so the Authority can provide victims security, temporary accommodation or permanent relocation, and employment, subject to the availability of resources. Victims can apply for this protection if they have reasonable grounds to anticipate that harm will be inflicted on them as a result of participating in an investigation or inquiry into an offence or an infringement of a fundamental right, and this protection can be sought even before court proceedings commence.

The request for this protection can be made to the Authority, to the OIC of any police station, the police division dedicated to the protection of victims and witnesses, or to a court. The law also recognizes the right of a victim to be medically treated, including for psychological harm they may have faced. Where the State lacks the necessary resources to provide this, victims can apply to the Authority for financial assistance to obtain such services. Victims may also be compensated for the expenses that they incur in participating in any judicial or quasi-judicial proceeding relating to the offence or infringement of a fundamental right, or for any harm or loss of property they faced as a result of the offence. The Act also recognizes the right of victims to access information relating to the investigation or prosecution or to receive assistance to participate in proceedings.  In the event that any other authority acts in a manner that denies victims their rights under this Act, the authority is empowered to step in to ensure that such rights are respected. 

In addition to the protections given to victims, there are protections provided to witnesses who feel that they may be under threat for giving information or testifying, and for persons who lodge a complaint about offence or violation of a fundamental right that may be taking place in their workplace. Thus, the law seeks to allow even persons other than the victim the ability to make a complaint regarding an offence without fear, as they too are entitled to receive protection if they do so. 

How to reach the Authority 
Victims or witnesses can contact the Authority via Hotline- 1985, or call them on 0112 866452. Victims can also visit the Authority which is located at First Floor, 428/11, Denzel Kobbekaduwa Mw, Battaramulla. Further information on the authority can be accessed on their trilingual website at ‘www.napvcw.gov.lk’. Additionally, the Victims of Crime and Witness Assistance Division of the police can be contacted on 0112 326314 or visited at No 9, Mihindu Mw, Colombo 12. Section 3(f)(i) of the law recognizes the right of a victim to be informed of all the legal remedies (including civil remedies for damages) available to them, upon a request being made to the Authority or the Division at the police.  

A Victim or a Witness may also request The Human Rights Commission of Sri Lanka (HRCSL) or The Commission to Investigate Bribery or Corruptions (CIABOC) for assistance or protection. These are all public institutions through which affected parties may directly seek assistance, and parties can also seek the services of an attorney–at–law to accompany them if they wish. The public must be aware of their rights and how to vindicate them, and this information should be shared with anyone who might need it. 

Text Attorney-at-Law Khyati Wickramanayake 
(on behalf of the Centre for Equality & Justice)