A/HRC/12/19
page 9
and in 3 countries the location of the records is not known.1 At a minimum, the records should
remain within the national archival system. If, for further Government action, a portion of the
records is needed by a successor body (for example, the records of a compensation commission
are needed by the Government’s treasury to pay claims), those records should be copied and a
copy provided to the successor body. The original records should not be divided. Only by
keeping the records together in an archive can the Government ensure that an accurate picture of
what the body learned and did will be available for future uses.
III. PROTECTION OF WITNESSES AND OTHERS CONCERNED
IN TRIALS OF GROSS HUMAN RIGHTS VIOLATIONS
A. Background
32. There is a relationship between the efficient investigation and prosecution of perpetrators
of gross violations of human rights and a successful witness protection programme. If a
country’s justice system is unable to secure convictions because of failures in the production of
witness evidence, its capacity to deal effectively with past abuses as well as the confidence of its
people in the justice system are compromised. Thus, the failure to provide protection to
witnesses can severely affect fundamental rights, such as the right to justice and the right to the
truth.
33. Safeguarding the identity of a witness at the early stage of the judicial process enhances the
potential for safely obtaining testimony at trial without resorting to a formal witness protection
programme. OHCHR considers witness and victim protection an essential component of its
efforts to monitor and investigate human rights violations. OHCHR developed practices in this
area and as a recognition of its efforts, it was invited by Pre-Trial Chamber I of the International
Criminal Court on 24 July 2006 to submit observations on issues concerning the protection of
victims, witnesses and the preservation of evidence.2 Consideration for witness protection has
been integrated in a number of its manuals such as the Manual of Operations of the Special
Procedures of the Human Rights Council,3 the Training Manual on Human Rights Monitoring,4
and a draft manual on the protection of victims, witnesses, sources and other individuals
cooperating with OHCHR that is also being developed.
1
Trudy Huskamp Peterson, “Truth and the records of truth commissions”, Studien und
Quellen 30, Zurich, 2004, www.trudypeterson.com/downloads/TRUTH.pdf. The three in the
United Nations archives are the records of the truth commissions of Burundi, El Salvador and
Guatemala.
2
See document ICC-02/05-10, Situation in Darfur.
3
At www2.ohchr.org/english/bodies/chr/special/docs/Manual_August_FINAL_2008.doc.
4
United Nations publication, Sales No. E.01.XIV.2, 2001.
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