A/HRC/12/19
page 16
may well have long-term consequences for the individual who is relocated - including
potentially placing an individual at increased risk with the Court and making it more
difficult for that individual to move back to the place from which he or she was relocated,
even in circumstances where it was intended that relocation should be only provisional.
Where relocation occurs, it is likely to involve careful and possibly long-term planning for
the safety and well-being of the witness concerned.13
57. The ultimate goals of the relocation programme are best achieved when the witness is
effectively resettled and integrated into a new community. Ideally, the programme design will
ensure that the integration process starts as early as possible. In this respect, the possible
requirements are economic support, retraining, language training, entry into the workforce and
social support that will assist in establishing new networks of friends and acquaintances.
58. Change of identity or measures of disguising identity and ownership might be a necessary
measure to protect the individuals once they are relocated. If relocation is necessary to ensure the
safety of a witness, then it is more than likely that a total change of identity will also be
necessary to prevent the new location of the witness being traced. However, the implementation
of these measures must start simultaneously with the relocation; otherwise the trail of records left
behind may lead to tracing the witness.
59. Another challenging issue is the relocation of witnesses “with blood on their hands” or
“dirty witnesses”. The legislation of many countries prevents them from giving sanctuary to
individuals who have committed acts that can be characterized as war crimes, or requires these
individuals to be brought to justice.
F. Special protection measures for child witnesses, rape victims and others
60. Child witnesses and victims of gender-based crimes require especially sensitive treatment
due to the particular trauma and alienation that they may have suffered.14 Child victims of or a
witness to a sexual assault may receive such special treatment and care before, during and after
the trial (see E/CN.4/Sub.2/2004/11). In 2005, the Economic and Social Council further adopted
the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, and
invited States to draw, where appropriate, on the Guidelines in the development of legislation,
procedures, policies and practices for children who are victims of crime or witnesses in criminal
proceedings.15
61. The Special Rapporteur on violence against women, its causes and consequences
encouraged national institutions to ensure that the specific needs of victims of rape and other
forms of sexual violence are fully addressed, including specific provisions for a victim and
13
ICC-01/04-01/07 OA7, 26 November 2008, para. 66.
14
See Guidelines for Action on Children in the Criminal Justice System, Economic and Social
Council resolution 1997/30, annex.
15
Resolution 2005/20.
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