A/HRC/12/19
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participant. This may involve physical protection, relocation, measures of disguising identity and
ownership, change of identity and pathways, i.e. self-supporting protection measures. In
addition, the programme operators will have a duty to ensure that the witness testimony is not
affected or tainted by involvement in the programme. In cases of international relocation,
information on the witness must be available to the accepting State for necessary assessment,
which will be subject to international and/or national laws and policies. Moreover, a witness
protection programme should ensure the protection of the confidentiality of the programme and
its integrity.
50. Participants in a witness protection programme are likely to have witnessed horrific events
and can suffer trauma as a result. Programmes should be designed to deliver medical,
psychological and community support to the participants until they are capable of finding their
own way. In cases of relocation, starting a new life in a new location may bring with it a range of
legal challenges. This highlights the need for access to legal support for participants.
Emergencies do arise despite best planning. Thus, arrangements for emergency response are
essential. Arrangements for data protection must also form part of the structure of the
programme. It is important to develop criteria for eligibility to participate. These criteria, while
flexible, must also be objective and transparent to assist in the process of determining who is
eligible for the programme.
51. As stated above, the efficient management of programmes to protect at-risk witnesses
requires dedicated witness units to negotiate mutual cooperation agreements, secure attendance
of witnesses, provide psychosocial support, and to facilitate other measures for witness
protection. Witness protection programmes should also be able to act independently from courts.
The prevailing wisdom is that such authority must be disconnected from individual prosecutors,
investigators or defence counsel, in order to carry out their assessments in an objective way.
Regarding the separation of the function of support for witnesses, the Council of Europe
recommends that:
staff dealing with the implementation of protection measures should be afforded
operational autonomy and should not be involved either in the investigation or in the
preparation of the case where the witness/collaborator of justice is to give evidence.
Therefore, these functions should be separated organizationally. However, an appropriate
level of cooperation/contact with or between law-enforcement agencies should be ensured
in order to successfully adopt and implement protection measures and programmes.11
52. For the participant, a witness protection programme imposes a stringent regime that must
be complied with. The regimes may involve severance from relatives, community, associates and
all other aspects of former life; non-contact with any person, organization or institution known
prior to entering the programme; loss of control over most aspects of life, in the initial stages at
least; a strict contract setting out permissible behaviours; telephone calls and visits only when
arranged by the programme on terms established by the programme; living where told by the
programme; change of lifestyle; and selling off of assets, perhaps at “fire sale” prices. Failure to
11
Council of Europe, Recommendation Rec(2005) 9 of the Committee of Ministers to member
States on protection of witnesses and collaborators of justice, 20 April 2005.
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