A/HRC/12/19 page 10 B. Human rights obligations and the legal framework of witness protection 34. From a human rights perspective, norms relating to the provision of an effective remedy5 require effective investigation and punishment of perpetrators and are a strong basis for States to take measures to protect witnesses. The lack of such protection amounts to a violation of victims’ rights to an “effective remedy”. In addition, the protection of the life, physical and psychological integrity, privacy and reputation of those who agree to testify before courts is more generally required under relevant ICCPR provisions protecting the right to life, prohibiting torture and inhuman or degrading treatment, etc. 35. The protection of witnesses and victims is also an integral part of the fight against impunity. Principle 10 of the updated Set of Principles for the protection and promotion of human rights through action to combat impunity (ibid.) states that “effective measures shall be taken to ensure the security, physical and psychological well-being, and, where requested, the privacy of victims and witnesses who provide information to the commission”. The Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law also reaffirm that States should take measures for the protection of victims and witnesses. In particular, States should ensure the safety of witnesses and others from intimidation and retaliation, before, during and after judicial, administrative or other proceedings.6 36. Recently, special procedures mechanisms of the Human Rights Council also highlighted the importance of witness protection for the successful investigation and prosecution of gross human rights violations. For instance, the Special Rapporteur on extrajudicial, summary or arbitrary executions noted that without an effective witness protection programme, it is difficult, if not impossible, to achieve prosecution of those responsible for extrajudicial executions (see A/63/313). The Working Group on Enforced or Involuntary Disappearances recommended to the Government of Argentina to adopt a comprehensive protection programme for witnesses and others involved in the investigation of cases of enforced disappearance (see A/HRC/10/9/Add.1). 37. Most recently, the universal periodic review (UPR) mechanism of the Human Rights Council has also addressed the importance of witness protection programmes in various country reports, recommending to countries the adoption of measures to ensure the effective implementation of legislative guarantees and programmes for the protection of witnesses and victims.7 Human rights treaty bodies have also duly addressed the importance of witness protection. More than 80 States parties to various human rights treaties have been recommended to develop laws and programmes on witness and victim protection, and ensure appropriate human and financial resources for such programmes, in order to put an end to the climate of fear 5 Article 2, International Covenant on Civil and Political Rights (ICCPR). 6 General Assembly resolution 60/147, annex, para. 12 (b). 7 See A/HRC/8/46 (Sri Lanka); see also A/HRC/8/34 and Corr.1 (Argentina).

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