A/HRC/15/33 comprehensive program would be less controversial and more appealing to a broader spectrum of actors within society. (ii) Participants 45. The definition of “witness” may differ according to the legal system under review. Witnesses can be classified into three main categories: a) justice collaborators; b) victimwitnesses; c) innocent bystanders. Practice generally limits admission to witness protection to witnesses and members of their family or persons close to them. Some countries also admit other categories of people whose link to a criminal case may put their lives in danger, such as judges, prosecutors, undercover agents, intermediaries and interpreters. 46. A witness protection programme should be designed to protect individuals who cooperate with national and international extraordinary accountability mechanisms, including those of quasi- and/or non-judicial nature, such as human rights and truth commissions and commissions of inquiry.44 For example, Kenya’s Witness Protection Law provides for, among others, persons “who need protection from a threat or risk which exists on account of his being a crucial witness in a prosecution or inquiry held before a court, commission or tribunal outside Kenya.”45 (iii) Placement of the programme 47. There are many options regarding the state structure under which a witness protection programme should be placed, including the Police Department, Office of the Prosecutor/Attorney General, Ministry of Justice, the Judiciary, a joint commission comprising various institutions or an independent authority. While some States establish witness protection programmes as units within the police force, that approach is not appropriate or less effective for programmes designed to facilitate cases against State agents involved in human rights abuses.46 48. In 2009, the High Commissioner for Human Rights issued a statement on witness protection in which she recommended that “a system of witness protection independent from State mechanisms may be better suited to inspire the confidence and trust of all those concerned. Such a system could be funded by the State, but not closely controlled by the machinery of State organs.”47 Kenya has recently amended its Witness Protection Law, and established an independent witness protection authority.48 49. Another option would be to appoint officials from key institutions of the criminal justice system to a committee responsible for administering or overseeing the programme. In Italy, for example, decisions on admission to the witness protection programme are taken by a central commission comprised of the Under Secretary of State at the Ministry of the Interior, two judges or prosecutors, and five relevant experts.49 Another option may be to assign a special dedicated unit to work exclusively on human rights and international crime 44 45 46 47 48 49 14 Human Rights Council resolution 12/12 (A/HRC/RES/12/12) encourages governments to develop witness protection programs for judicial and non-judicial proceedings, such as human rights commissions, truth commissions, etc. Kenya, Witness Protection (Amendment) Act 2010, article 4.1(d). See Report of the Special Rapporteur on extrajudicial, summary and arbitrary executions (A/63/313). UNHCR, Introductory Remarks by Navanethem Pillay, OHCHR Expert Meeting on Witness protection for successful investigation and prosecution of gross human rights violations and international crimes, September 2009, available at www.unhchr.ch. Kenya, Witness Protection (Amendment) Act (2010). Italy, Law No. 82 of 15 March 1991 (revised in 2001) cited in UNODC, Report on Good Practices for the Protection of Witnesses in Criminal Proceedings Involving Organized Crime, p. 14. GE.10-15173