A/HRC/15/33 I. Introduction 1. This report is submitted pursuant to Human Rights Council resolution 12/12 of 12 October 2009 entitled “Right to the truth”, in which the Council requested “the Office of the United Nations High Commissioner for Human Rights to prepare a report, to be presented to the Council at its fifteenth session, on the basis of information, including from States, on programmes and other measures for the protection of witnesses implemented within the framework of criminal procedures related to gross violations of human rights and serious violations of international humanitarian law”. The aim of the report is “to determine the need to develop common standards and promote best practices that would serve as guidelines to States in protecting witnesses and others concerned with providing cooperation in trials for gross human rights violations and serious violations of international humanitarian law”. 2. This report is prepared on the basis of information received from several member States,1 namely: Albania, Argentina, Azerbaijan, Bulgaria, Canada, Croatia, Cyprus, El Salvador, Finland, Greece, Guatemala, Japan, Kazakhstan, Latvia, Mexico, Montenegro, Norway, Panama, Paraguay, Qatar, Russian Federation, Switzerland, Trinidad and Tobago, Ukraine and Uruguay. The Office of the High Commissioner for Human Rights has also used information received from other sources, including special procedures mechanisms of the Human Rights Council, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the International Criminal Court, the Special Court for Sierra Leone, United Nations Office on Drug and Crime, United Nations Children’s Fund, the field presence of the Office of the High Commissioner for Human Rights and non-governmental organisations such as the Redress Trust. The report also notes the High Commissioner’s previous report on the right to the truth, which addresses various aspects of the protection of witnesses and other persons involved in trials relating to gross human rights violations.2 3. Without appropriate provisions for the protection of witnesses and victims, including their physical and psychological integrity, privacy, and dignity, their reputation and even their lives may be at risk as a consequence of their connection to judicial or nonjudicial proceedings. Securing the testimony of witnesses and victims is essential to ensuring that victims obtain justice and the right to know the truth, that those responsible for human rights violations and other crimes are held to account, and that potential abusers are deterred. 4. Section one of the report reviews various international legal provisions on States’ obligations to protect witnesses, victims and others concerned, and discusses relevant judicial practice and jurisprudence. Section two discusses various witness protection measures and programmes available at the international and national levels. Enabling witnesses to come forward to collaborate with justice systems safely requires at least two sets of mechanisms: 1) measures and procedures put in place by the investigating authorities and courts while investigating crimes or taking testimony in the courtroom; 2) protection measures and safeguards provided before, during and after judicial proceedings by formal witness protection programmes. This report discusses both sets of mechanisms. Section three explains the key elements that are essential for establishing an effective 1 2 4 Information received from Member States is available for consultation at the Office of the High Commissioner for Human Rights. Report of the Office of the High Commissioner for Human Rights to the Human Rights Council on the Right to the truth (A/HRC/12/19). GE.10-15173