A/HRC/15/33
Such reporting obligations ensure accountability and a measure of control on the activities
of the agency by democratic institutions.
(xiii)
Role of civil society and other institutions
61.
The law should acknowledge the enormous contribution that civil society can make,
particularly in providing assistance to witnesses. Cooperation and coordination with civil
society organizations should be explicitly provided for in the law. Such activities should be
strengthened and funded. Other institutions, such as national human rights institutions,
could also provide valuable assistance.57
B.
Special measures for child witnesses and victims of sexual and genderbased violence
62.
Child witnesses and victims of sexual and gender-based violence require especially
sensitive treatment due to the particular trauma and alienation that they may have
suffered.58 The law should provide for such special measures. The witness protection
agency should have the authority to engage specialized personnel and establish specific
procedures to deal with these vulnerable witnesses. Several United Nations documents
could be useful to legislators and policy-makers in ensuring that the law reflects their
needs.59 Moreover, judges should regularly make use of special in-court protection
measures to protect particularly vulnerable categories of witnesses, applying less restrictive
criteria than in ordinary circumstances.
C.
Some key operational issues
(i)
Funding
63.
The cost associated with setting up and operating a witness protection programme
may be a deterrent to countries. Budgets differ from State to State,60 depending on living
costs, population size, crimes rates and other factors, and cost variations also result from
several factors, including law enforcement activities, individual circumstances of the
witness to be relocated, needs and safety of their family and close friends. However, cost
must be weighed against benefits, which include combating impunity, strengthening rule of
law and democracy, shorter investigation, more efficient prosecution, thus ensuring justice
and integrity of the justice system. Even in absolute figures, witness protection is usually a
small percentage of the total police or judicial budget in States where such programmes
exist.
57
58
59
60
GE.10-15173
UNODC Draft Model Law states as follows: “In implementing the Program, the Protection Authority
may enter into agreements with individuals, the private sector, private institutions and nongovernmental organizations to make use of their services.”
For further information see Report of the Office of the High Commissioner for Human Rights to the
Human Rights Council on the Right to the truth (A/HRC/12/19).
OHCHR, Guidelines for Action on Children in the Criminal Justice System; Human Rights Council
resolution 9/11-Right to the truth; Report submitted by the Special Rapporteur on trafficking in
persons, especially women and children, (A/HRC/10/16).
For example, South Africa’s National Treasury allocated a fixed annual budget of 55 million rand
(approx. US$7.5 million) for the period 2006–2007 to the Witness Protection Programme. Source:
UNODC, Good Practices for the Protection of Witnesses in Criminal Proceedings Involving
Organized Crimes, p. 52; also South Africa, National Prosecuting Authority, Witness Protection
Programme Unit, Annual Report 2004–2005 (Pretoria).
17
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