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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