Access to Justice Through Protected Testimony : Legal & Constitutional Challenges in Developing Countries

Access to Justice Through Protected Testimony : Legal & Constitutional Challenges in Developing Countries Ashish Dwivedi* Witness protection, ranging from anonymity orders, in-camera proceedings, relocation of witnesses, identity change and technology assisted testimony, is an essential component for securing justice in serious criminal cases around the world. Nevertheless, in the developing countries, there exist a visible gap between theoretical promise of witness protection on one hand and its practical implementation on the other. Developing countries characterised by weak governance, under-resourced state capacity, systematic corruptions, post-conflict vulnerabilities & hierarchical social order render the witness protection measures ineffective. This research paper aims to explore the legal and institutional barriers that limit or prevent access to justice via witness protection programs in developing countries, by drawing examples from countries India, sub-Saharan Africa, and post-conflict states from Asia & Latin Americas. This paper argues that access to justice can be achieved not by merely copying the successful models of witness protection programs of the developed countries but by adopting such models and fine-tuning to a countries specific need. *UGC-NET in Law