A/HRC/15/33
(vii)
Relocation
55.
Relocation should be considered as a last resort measure in a witness protection
programme. In such a case, international cooperation and formal agreements between the
requesting State or organization and the proposed accepting State must be concluded.52
(viii)
Procedure and criteria for admission/exit
56.
The law should specify very clearly the procedure and criteria for admitting — or
refusing admission to — a person in the programme. Regarding admission criteria, those
indicated in the United Nations Office on Drugs and Crime Draft Model Law on Witness
Protection may be considered.53 Usual criteria include seriousness of the crime, public
interest in the prosecution of the facts limited to the legal tradition involved, importance of
the witness’ testimony, ability of the person to adapt to the programme and its measures,
among others. In human rights cases, the profile and history of the alleged perpetrators
must also be considered.
(ix)
Agreement between programme and witness
57.
The law should provide for the signing of an agreement between the programme and
the witness. Such agreement should contain all the rights and obligations of the witness,
and the conditions for exiting the programme. The conclusion of a clear agreement would
contribute to creating a climate of trust between the parties.
(x)
Appeal process
58.
The law should provide for the possibility of appeal with regard to the administrative
decisions of the programme. While the need for confidentiality, which may be invoked to
justify the absence of an appeal process, is understandable, the decisions of the witness
protection body have a significant impact on the lives of witnesses, and they should be
allowed to have their case heard by a different authority. A fair appeal process would
contribute to dispelling the perception of arbitrariness with regard to the decisions of the
witness protection body. Various positive examples support this proposal. In South Africa,
for example, any person who feels aggrieved by any decision of the Witness Protection
authority may apply to the Minister of Justice to review the decision or steps concerned.54
In Kenya, the Witness Protection Law provides for the establishment of a Witness
Protection Appeals Tribunal.55
(xi)
Threat assessment and investigation
59.
The law should clearly specify the body responsible for the threat assessment
process. A multi-disciplinary team, with strong investigative capacity, should be established
within the agency to deal specifically with threat assessment and investigation.
(xii)
Reporting obligations
60.
Best practices indicate that an annual report of the witness protection programme
should be submitted to a higher authority, usually the Parliament, in a manner that does not
prejudice the effectiveness and security of the witness protection agency and its activities. 56
52
53
54
55
56
16
For more on “relocation” see A/HRC/12/10, paragraphs 55–59.
UNODC, Draft Model Law on Witness Protection, 2008.
South Africa, Witness Protection Act 112 (1998), article 14.
Kenya, Witness Protection (Amendment) Act (2010), article 3U.
See Australia, Witness Protection Act (1994), No. 124, article 30.
GE.10-15173
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