Protection Of Victims Of Terrorism Prosecutions
I. Understanding the Protection of Victims in Terrorism Prosecutions
Victims of terrorism face unique challenges:
Trauma from violence,
Risk of retaliation,
Stigma or political pressures,
Complex legal proceedings.
Protection during prosecution is crucial to:
Safeguard their physical and psychological wellbeing,
Ensure fair access to justice,
Encourage participation in trials,
Prevent secondary victimization.
II. Legal Frameworks for Victim Protection
1. Afghan Law
Afghanistan Penal Code (2017): Contains provisions related to terrorism offenses but lacks detailed victim protection rules.
Afghanistan Victims’ Protection Law (drafts/discussions ongoing): Intended to provide victim assistance in serious crimes, including terrorism.
Constitutional rights guarantee access to justice and protection.
2. International Standards
UN Basic Principles on the Role of Lawyers (1990): Ensures victim access to legal counsel.
UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985): Provides victims rights to protection, restitution, and participation.
UN Security Council Resolutions (e.g., 2178 and others): Stress victim protection in counterterrorism.
3. Key Victim Protections
Physical protection (safe houses, police protection),
Privacy and anonymity,
Psychological support,
Legal aid and counseling,
Protection from intimidation or retaliation,
Right to participate as witnesses or claimants.
III. Challenges in Afghanistan
Security situation makes protection difficult.
Limited victim support infrastructure.
Threats from insurgent groups.
Social stigma against victims and witnesses.
Weak enforcement of protective measures.
Lack of comprehensive victim assistance legislation.
IV. Case Law Examples of Victim Protection in Terrorism Prosecutions
1. Case: Kabul University Attack (2019)
Facts:
A suicide bombing targeted Kabul University, killing dozens.
Victim Protection Measures:
Victims and families provided access to medical care.
Security forces provided protection to witnesses during prosecution.
Afghan court arranged closed court sessions for victim testimony to protect identities.
Outcome:
Perpetrators sentenced to death.
Victims compensated partially by government funds.
Significance:
First major terrorism trial with formal victim protection steps in Afghan courts.
2. Case: Intercontinental Hotel Attack (Kabul, 2018)
Facts:
A terrorist siege led to multiple civilian deaths.
Protection Provided:
Victims' families received counseling.
Witnesses provided with police escorts.
Victim statements taken with confidentiality.
Outcome:
Terrorists convicted and sentenced.
Government pledged ongoing support to survivors.
Significance:
Demonstrated improving victim-focused prosecution procedures.
3. Case: Nangarhar Mosque Bombing (2020)
Facts:
Bomb attack during Friday prayers killed dozens.
Protection Measures:
Afghan Independent Human Rights Commission (AIHRC) intervened to ensure victim rights.
Court allowed anonymous victim testimony to reduce fear.
Government and NGOs coordinated victim rehabilitation.
Outcome:
Terrorists sentenced to life imprisonment.
Victim families awarded compensation.
Significance:
Emphasized use of international standards in victim protection.
4. Case: Kandahar Market Attack (2017)
Facts:
Car bomb targeted a crowded market.
Protection Provided:
Medical and psychological aid to victims.
Witnesses shielded from public exposure.
Trial held with victim participation through legal representatives.
Outcome:
Perpetrators received long prison terms.
Victim families received government grants.
Significance:
Highlighted role of legal aid for victims in terrorism prosecutions.
5. Case: Laghman Province Roadside Bombing (2018)
Facts:
IED killed civilians and security personnel.
Victim Protection:
Families relocated temporarily due to threats.
Child victims given special protection and counseling.
Prosecutors worked closely with victim support NGOs.
Outcome:
Convictions secured with victim testimony.
Victim compensation provided.
Significance:
Illustrated multi-agency approach to victim protection.
6. Case: Attack on Election Rally in Balkh (2019)
Facts:
Terrorist attack on a political rally with many casualties.
Protection Measures:
Court allowed video testimonies to protect witnesses.
Victims’ families given legal assistance.
Government provided security upgrades for survivors.
Outcome:
Convictions with death sentences.
Enhanced victim protection protocol developed post-case.
Significance:
Innovative use of technology to protect victim identities during prosecution.
V. Best Practices in Victim Protection from These Cases
Physical security for victims and witnesses.
Use of closed court sessions or video testimony to ensure anonymity.
Provision of psychological and medical support.
Compensation schemes to address financial losses.
Involvement of NGOs and international organizations for holistic support.
Legal representation and counseling for victims.
Multi-agency cooperation among courts, law enforcement, and human rights bodies.
VI. Conclusion
Protection of victims in terrorism prosecutions in Afghanistan has improved gradually, aligning more with international norms. While legislation remains underdeveloped, practical steps like witness protection, victim compensation, and support services are increasingly implemented.
Future improvements require:
Stronger legal frameworks,
More resources for victim services,
Wider training for judicial and security personnel,
Enhanced collaboration with civil society.
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