A New System for Witness & Whistle-blower Protection Regarding Domestic Violence Cases
05-30-2022
Amman – There has been ongoing discussion on the necessity of reviewing the most recent drafted system for witness and whistleblower protection in domestic violence cases to be submitted to the Council of Ministers, as stated by Mr. Mohammad Miqdadi, the Secretary-General of NCFA, who explained that the necessary funding resources for implementing the said system are also being discussed.
This system comes in implementation of the provisions of the Protection Against Family Violence Act of (2017). However, it was challenging to obtain the necessary approval for adopting this system as well as implementing it and providing the necessary related funding.
The draft system, of which "Al-Ghad" has obtained a copy, provides for the establishment of an organizational unit at the Family and Juvenile Protection Department to protect whistleblowers and witnesses who report on domestic violence cases, while ensuring the safety of whistleblowers, witnesses, and victims involved in domestic violence cases, or any person for whom a ruling hereunder was issued for protecting them against any forms of threat or assault for reporting or presenting as a witness on such cases.
The protection procedures shall be determined by the Director of the Family Protection Department, upon the recommendation of the Whistleblower & Witnesses Protection Division, and shall address the stages of the relevant case starting from the stage at which the offence was identified and until protection is no longer needed in this regard.
As per the system, the tasks of the Whistleblower & Witnesses Protection Division include receiving requests for protection from whistleblowers, witnesses, and those mentioned in Article (4) of this system, and any other relevant entity, and documenting these requests in writing in a special form. Let alone reviewing the submitted protection requests and evaluating the relevant threat and risks, provided that the required risk assessment is carried out in accordance with the bases, by which the criticality of threats is identified, and whether such poses a threat to the requester's life or physical wellbeing and the extent to which their significant other, children or relatives up to the third degree may be exposed to threatening conditions that could put their lives or safety at stake, and the gravity of the risks by which the concerned requester's property and interest can be affected.
The Director of the Relevant Department shall be mandated to with the recommendation to accept, reject or otherwise reconsider the request for protection after approving it, while stating the justifications for such. Moreover, the Director shall identify the persons to be included in the protection in accordance with the request evaluation results and accordingly set the protection procedures and implementation mechanisms for such in the event of approval of the protection request. The aforementioned includes providing psychological and social support services if necessary.
It is worth noting that the Witness & Whistle-blower Protection system has specified the time period for issuing a decision on the acceptance or rejection of protection requests, and identified the protection plan and procedures, in coordination with the protection requester and the relevant authorities as promptly as possible, and within a maximum period of 24 as of the submission of the request.
The Department also maintains a register, in hard copy and electronic formats, in which protection-related requests and procedures are documented. Besides this, the draft has stipulated that any whistleblower or witness, reporting on domestic violence cases, are entitled to submit a protection request to the Family Protection Department in cases of any threats to their life, safety, property, or that of their significant others, their relatives up to the third degree, and any of the aforementioned persons is also entitled to do so.
In the event the whistleblower or witness is under the age of 18, the relevant Department must submit a request for protection and follow up on its submission status on behalf of the requester, while incorporating the best interests of children who are in need of protection into the protection-related procedures.
Once the protection plan is approved, the Whistleblower & Witnesses Protection Division shall proceed with its implementation. Accordingly, the protection requester shall be informed of the protection plan and procedures, according to a signed report, by which the procedures required for the implementation of the protection order, are complied with unless the case requires immediate intervention.
As for the services provided by the relevant Division, they are as follows: provision of personal protection for persons that are to be included in the required protection, including moving them to a safer place if necessary as well as securing their homes and possessions against any forms of attack or threat, and taking the necessary measures to ensure the safe movement of those individuals, including their attendance to investigation proceedings and court sessions, as required by the case. This entails providing the protected person with a phone number to liaise with the Protection Division in the event of any emergencies at any time.
The aforementioned services also include the utilization of videos to record and display the testimonies if such is required by the protection procedures, and any other procedure deemed necessary by the Protection Department for ensuring the safety of the protected person, and as approved by the Director of the Family Protection Department, in coordination with any of the relevant authorities.
In cases of any violations of the Protection Measures for Protected Persons or in case any of the said persons or their possessions were attacked or threatened to be attacked, further actions will be taken, as soon as possible, to prosecute the aggressor according to the applicable legislation. Upon written request by the protected persons, protection measures can be reduced, tightened or otherwise reconsidered in case of being cancelled.
By the decision of the Head of the Division, the protected persons shall receive no further protection under this system in case of the following: in the event the need for protection is fulfilled or in the event the requirements for obtaining protection are violated twice by the protected person, or in the event a written request is submitted by the protected person to terminate the prescribed protection.
All protected persons' personal data and any protection measures shall be maintained confidential and shall not be disclosed unless otherwise required by the judicial procedures, and only in the cases in which the applicable legislation allows for such. In the event of any violations of the provisions of the System, a fine of no less than one hundred dinars shall be imposed.
