Measures taken/current situation
Situation during
the visit
A/HRC/33/51/Ad
d.2
Level of implementation and
observations (to be completed
by the WGEID)
specialized prosecution and
defence units, proper units
for victim support and
witness protection and a
professional and competent
registry;
(m) Victims and relatives
should have extensive
opportunities to participate
in and be heard during the
investigative and judicial
proceedings — both with
regard to the clarification of
enforced disappearances
and the punishment of
those responsible — and in
seeking fair compensation;
Paragraph 28
OMP
Under the Victim and Witness Protection Act, victims of crime have the right to be kept
informed100 and to participate in proceedings during the investigation,101 trial and sentencing
process.102 Under the OMP Act, the OMP has the authority to provide relatives of missing
persons information relating to the status of an ongoing investigation, unless the OMP is of
the view that doing so would hinder the ongoing investigation or that it is not in the best
interest of the missing person.103 Under the Enforced Disappearances Act family members are
entitled to be informed of the results of an investigation carried out by law enforcement
authorities, including the fate of the disappeared person.104
ICJ
Section 3 of the Assistance to and the Protection of Victims of Crimes and Witnesses Act No.
4 of 2015, spells out the rights available to a victim. This includes:
(f) upon such request being made by such victim, to be informed (ii) without prejudice to any on-going investigations being carried out by the officer-in-charge
of the relevant police station or other authority conducting the investigation, of the progress
of the investigation being conducted into the complaint presented by the victim of crime, to
such police station or other authority conducting the investigation;
(iii) by the officer-in-charge of the relevant police station or other authority conducting an
investigation, the Attorney-General or the Registrar of the Court, as the case may be, of the
100
101
102
103
104
Victim and Witnesses Protection Act, above n 13, Sections 3 (f) (ii)- (iv); 3m.
Victim and Witnesses Protection Act, above n 13, Sections 3 (g)-(m).
Victim and Witnesses Protection Act, above n 13, Sections 3 (o)-(q).
OMP Act, above n 16, Section 13(1)(c).
Enforced Disappearances Act, above n 15, Section 14(1).
The Working Group welcomes
information according to which
there are some legislative
provisions guaranting
opportunities for victims to
participate in, and be heard
during, investigations. However,
it regrets that under the
Assistance to and the Protection
of Victims of Crimes and
Witnesses Act, the victims must
request to be informed of
progress rather than there being
an obligation to inform but
notes the general right in the
Enforced Disappearances Act
of victims and relatives to know
the progress and results of
investigations. The Working
Group reiterates the importance
of ensuring victims and relatives
have extensive opportunities to
A/HRC/42/40/Add.1
76
Recommendations
A/HRC/33/51/Add.2
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