A/HRC/12/19
page 17
witness unit with necessary expertise in trauma related to sexual violence (see
E/CN.4/2002/83/Add.2 and E/CN.4/2005/72/Add.3). The Special Rapporteur on trafficking in
persons, especially women and children, urged States to put in place national mechanisms that
will help to identify victims and provide protection and assistance to them, ensuring that “the
practice of assistance to victims tied to their cooperation as a witness in the prosecution of
traffickers does not undermine the safety and rights of victims” (A/HRC/10/16, para. 39). In this
regard, a trial chamber of the International Criminal Court observed that there are particular
needs to be taken into account for child and elderly victims, victims with disabilities, and victims
of sexual and gender violence when they are participating in the proceedings.16
G. Witness protection in conflict and post-conflict situations
62. In principle, the responsibility for the protection of witnesses lies with the officials of the
State where the witness resides. This does not work in war-torn countries when criminal justice
systems break down or are unable to respond. Official agencies entrusted with justice issues may
function improperly or not at all, leaving the threatened witness isolated and the investigator with
few options to provide for witness security. In such situations, the relocation of witnesses may be
required as the last resort of protection.
63. Although witness protection programmes are in place in some countries, only a handful
have entered into placement agreements with international courts or institutions. Some countries
have opted for placing people within their refugee relocation arrangements, or funding the
relocation of a witness to a third country, without taking on the actual relocation within their own
witness protection programmes. ICTR reported difficulties securing cooperation from States in
this regard and, as of 2002, was not able to conclude any agreements with States, having
recourse instead to ad hoc arrangements. In many cases in which international relocation was
warranted, ICTR obtained the assistance of the United Nations High Commissioner for
Refugees.
64. Inter-State cooperation and assistance are normally based on the principle of reciprocity.
Countries that are willing to accept relocated witnesses from other countries expect to have their
own vulnerable witnesses accepted in other countries. Various countries with witness protection
programmes contemplate such a possibility. For instance, the Witness Protection Act of Canada
allows the Solicitor General to enter into reciprocal agreements with foreign Governments to
admit foreign nationals into the witness protection programme.17
IV. CONCLUSIONS
65. The issues of archives of human rights violations and the issue of witness protection
are complementary. With regard to archives, it should be noted that access to records is the
16
Document No. ICC-01/04-01/06-1119, decision of 18 January 2008, para. 127.
17
Witness Protection Act of Canada, Chapter 15, subsection 14 (2).
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