A/HRC/15/33
dissemination or transmission of any information that might reveal the identity of a victim
or witness; appointing counsel to conduct cross-examination when the accused is acting as
his or her own counsel; allowing victims under 18 to testify in the presence of a support
person. Such courtroom procedures or similar special methods of participation in court
proceedings have been introduced in many States, such as in Bulgaria, Canada, Croatia, El
Salvador, Finland, Japan, Latvia, Montenegro, Panama and Slovakia.
24.
At international tribunals or courts, the scope of application of the courtroom
measures and their legal effect are generally considered by pre-trial or trial chambers. Such
protection may include measures for safeguarding the privacy of victims and witnesses,
provided that these measures are consistent with the rights of the accused.37
C.
Formal witness protection programmes
25.
Witness and victim protection programmes are formal systems designed to provide a
full range of physical protection, psychological support and other assistance to
beneficiaries. A best-practice study, prepared by the UNODC,38 indicated that formal
witness protection programmes first came to prominence in the United States of America as
a legally sanctioned procedure to be used in conjunction with a programme for dismantling
organized crime. In 1970, the Organized Crime Control Act empowered the United States
Attorney General to provide for the security of witnesses who had agreed to testify
truthfully in cases involving organized crime and other serious crimes.
26.
Today, witness protection is viewed as crucial in combating organized crimes.
Several countries worldwide have established such specialized programmes. States have
included protection provisions in their constitutions,39 penal codes, or specific witness
protection laws. The following are examples of national witness protection programmes
reported by States.
27.
In Argentina, the National Directorate for the Protection of Witnesses and Persons
under Investigation40 is responsible for protecting complainants and witnesses in criminal
trials relating to human rights violations at the federal level. The National Directorate’s
programme takes action at the request of the judicial authorities in federal investigations of
kidnappings, terrorist acts or acts relating to the law on narcotics. In exceptional cases, the
Ministry of Justice, Security and Human Rights may include other cases, for example, cases
relating to organized crime or institutional violence, or cases for which the political interest
or importance makes such action advisable. The programme may also include cases
provided for in the Act on Preventing and Punishing Human Trafficking and Assisting its
Victims.
28.
Decree No. 606/98 established the Truth and Justice Programme which is currently
under the direction of the Ministry of Justice, Security and Human Rights. One of the
objectives of this programme is to strengthen the mechanisms and procedures for the
support, protection and safety of witnesses, victims, lawyers and judicial officials involved
37
38
39
40
10
See ICTY Rules of Procedures and Evidence, rule 75(a); and ICC Rules and Procedures, rules 68, 67,
72 and 88.
UNODC, Good Practices for the Protection of Witnesses in Criminal Proceedings Involving
Organized Crime, 2008.
For example, subsection V, paragraph 2, of section C, article 20 of the Political Constitution of
Mexico states that “The Public Prosecution Service shall guarantee the protection of victims,
aggrieved parties, witnesses and all those involved in the proceedings. The courts shall oversee full
compliance with this obligation […].”
Established by Act No. 25, 764.
GE.10-15173
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