A/HRC/15/33
witness protection programme, while good practices and relevant standards are discussed
throughout the report.
5.
The conclusion of the report affirms that considerable policies, legal provisions and
draft programmes on the protection of witnesses, victims and others involved in criminal
proceedings against organized crime have been developed. Practice at international
tribunals and courts shed some light on the protection of witnesses, victims and others
involved in trials of crimes under their jurisdictions, more specifically crimes relating to
gross human rights violations and serious violations of international humanitarian law.
However, there are few examples of witness protection programmes operating at the
national level, which relate to trials for gross human rights violations and serious violations
of international humanitarian law. The report recommends that States consider developing
comprehensive witness protection programmes covering all types of crimes. Protecting
witnesses in trials relating to gross human rights violations and serious violations of
international humanitarian law may require certain particular elements. In that regard, the
development of best practices and common standards would be useful. Witness protection
measures should be consistent with the principles of the right to fair trial, and should be an
integral part of the justice sector strategy.
II. Protection of witnesses, victims and others concerned under
international law and jurisprudence
A.
Human rights legal framework
6.
While the importance of witness protection in combating organized crime has been
widely recognized since the 1970s, its key role of protecting witnesses and victims of gross
human rights violations or serious violations of international humanitarian law is often
underestimated, overlooked or ignored by governments and international bodies alike. The
first step in developing or improving witness protection programmes is to acknowledge that
witness protection is not a favour to witnesses, but rather a duty for States.
7.
Victims and witnesses are human beings with the right to protection under all human
rights instruments and they do not lose the right to such protection simply by being
involved in a judicial or non-judicial proceeding, either as victim or witness. States,
however, have the obligation to adopt specific measures to protect the rights of victims and
witnesses. A close review of the key human rights treaties and other key instruments
reveals few, but clear and unambiguous references to the right of victims and witnesses to
be protected from threats and reprisals, and to have their inherent dignity in the pursuit of
justice respected. The International Covenant on Civil and Political Rights refers to “respect
for the inherent dignity of human persons”3 and states that “no one shall be subjected to
arbitrary or unlawful interference with his privacy, family, or correspondence, or to
unlawful attacks on his honour and reputation.”4 In accordance with the Covenant, States
have a general obligation to undertake necessary steps “to adopt such laws or other
measures as may be necessary to give effect to the rights recognized in the Covenant.”5
3
4
5
GE.10-15173
International Covenant on Civil and Political Rights (CCPR), article 10.
Ibid., article 17.
Ibid., article 2.
5
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