A/HRC/15/33
common standards, and cooperate in specific areas. The agreement on cooperation in
protecting victims and witnesses among the Baltic States was developed in 2000. The
Central America Integration System has developed the Covenant for the Protection of
Victims, Witnesses, Experts and Other Participants in the Criminal Investigation and
Prosecution, Particularly in Drug Trafficking and Organized Crime. Europol coordinates a
European Liaison Network that is made up of the heads of specialist witness protection
units. It has drafted the Basic principles in the European Union police cooperation in the
field of witness protection, focusing on relocation issues.
41.
To date, most inter-state and regional cooperation in witness protection seems to
occur in the context of fighting organized crime, terrorism and corruption. This practice
could also be meaningful in the context of national or international prosecutions or
investigations for gross human rights violations and serious violations of international
humanitarian law.
IV. Key elements of a witness protection programme within the
framework of criminal procedures related to gross human
rights violations and serious violations of international
humanitarian law
A.
Issues to be addressed in the law
42.
UNODC good-practices report discusses key elements of witness protection
programmes involving organized crime, including the legal framework for setting up such
programmes.42 The specific nature of witness protection must be carefully examined when
considering investigation and prosecution of gross violations of human rights and serious
violations of international humanitarian law. In the context of prosecutions dealing with
organized crime, witnesses often include system insiders. The opposite is almost invariably
true for witnesses of human rights violations, who are mainly victims of such crimes. The
Special Court for Sierra Leone, for example, reported that 60 per cent of witnesses admitted
to its witness and victim protection program were victims, 3 per cent child soldiers, 6 per
cent international experts and 31 per cent insiders.43
43.
Key elements of a legal framework for witness and victim protection are discussed
in the paragraphs below, with focus on the specific needs of witness protection programmes
in trials related to gross violations of human rights and serious violations of international
humanitarian law.
(i)
A comprehensive system
44.
The first decision to be made is whether to build a comprehensive programme, or,
taking into account the specificities of human rights violations, a separate program for such
cases. It would be highly desirable to establish a comprehensive program which can then be
articulated in such a way as to take into account specificities. There are mainly two reasons
to support such choice: 1) in order to make efficient use of State resources, it would be
preferable to create one institution to deal with all witness protection needs; 2) a
42
43
GE.10-15173
UNODC, Report on Good Practices for the Protection of Witnesses in Criminal Proceedings
Involving Organized Crime, pp. 19–22, 43–47.
See Special Court for Sierra Leone, Best-Practice Recommendations for the Protection & Support of
Witnesses, 2008.
13
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