A/HRC/15/33
in court cases or investigations concerning crimes against humanity, as well as their
relatives. Recently, the National Plan for the Support and Assistance of Complainants,
Victims and Witnesses of State Terrorism of the Office of the Secretary for Human Rights,
has been transferred to the authority of the Truth and Justice Programme.
29.
In Bulgaria, the Protection of Individuals at Risk in Relation to the Criminal
Proceedings Act (2004) established new, extra procedural arrangements for the protection
of individuals whose testimony, explanations or information are of material importance for
criminal proceedings. Under this system, protection is provided by a Protection Board. The
programmes cover the following measures: (i) personal physical protection, (ii) property
protection, (iii) provisional accommodation in a safe location, (iv) change of place of
residence, workplace or educational establishment, or placement in another facility for
service of a sentence, (v) complete change of identity.
30.
In Croatia, the Witness Protection Act (2003) regulates the requirements and
proceedings for the provision of protection and aid to persons who have been put at risk on
account of their statements in criminal proceedings, as well as persons close to them. The
Act prescribes protection, aid and physical protection measures provided to witnesses and
victims of crime outside the courtroom. The witness protection programme is implemented
by the Department of Witness Protection of the Ministry of Interior.
31.
In Cyprus, the Law for the Protection of Witnesses, adopted in 2001, defines the
types of witnesses requiring assistance, the measures that can be adopted for the protection
of witnesses, and the Plan for the Protection of Witnesses and Collaborators of Justice
which is executed under the supervision of the Attorney General. The Plan includes
protection of the witness and his/her family with security guard and/or security escort,
relocation of witness and his/her family to another city or village, and confidentiality
concerning his/her whereabouts, relocation abroad, change of identity, special arrangement
for the detention of collaborators of justice.
32.
In El Salvador, the Section for the Protection of Witnesses, Judges and Victims was
created within the National Civil Police Unit for the Protection of Persons of Importance in
August 1997, with a mandate to provide full protection to witnesses and their families.
However, over time, it became obvious that a witness protection programme was needed
and that it should be underpinned by a formal legal framework. Accordingly, legislation on
the protection of victims and witnesses was drafted in 1998. It envisaged procedures such
as change of identity with issuance of authentic documents, and relocation, including to a
place of residence outside the country. In 2005, the Office of the Attorney General recorded
12 murders of witnesses who were providing information at trial. Before the creation of the
programme, witness protection had been the responsibility of the National Civil Police,
although it did not receive any specific budgetary allocation for that purpose. Witnesses
testifying under a plea-bargain agreement (testigos criteriados) lived at National Civil
Police headquarters in special cell “homes” shared with others in similar situations. Public
safety has been a priority for several administrations in El Salvador. With a view to
reducing crime rates, which were rising in a climate of impunity, born of intimidation and
fear, the Government decided to create a special programme to protect victims and
witnesses. On 25 May 2006, the Witness and Expert Witness Protection Scheme was
reformed. The scheme established under the Criminal Code was superseded by the Victim
and Witness Protection Act, which entered into force on 22 September 2006, and the
Victim and Witness Protection Programme was established. The implementing regulations
for the Victim and Witness Protection Act were adopted in October 2007.
33.
In Montenegro, the Law on Witness Protection regulates the conditions and the
procedures for providing protection and assistance to the witness outside the court. Such
protection is provided with the consent of the witness or persons close to him or her. The
witness protection programmes are implemented by a commission which comprises a judge
GE.10-15173
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