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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