A/HRC/12/19
page 15
comply with these conditions can result in warnings and expulsion from the programme.
Participants can exit programmes voluntarily, but they are then totally responsible for their own
security, and have to complete their obligations to testify. Criminal activity while in the
programme can result in expulsion. All these measures should be applied in conformity with
international human rights standards.
53. The experience of the Witness and Victims Section (WVS) of the Special Court for
Sierra Leone showed that both the pre-testimony and the testimonial phases are crucial to
developing confidence and a good relationship between the witnesses and the WVS staff. It also
revealed the importance of providing clear and consistent instructions to witnesses on what they
will receive, and of assisting witnesses in gaining familiarity with the courtroom and confidence
about their testimony and during the testimony period, particularly when witnesses have to travel
from their place of origin to the court. In those cases, best practices should recognize the impact
that the testimony has on the witness’s family, and must provide family members with financial
support and communication between the witness and his/her family must be ensured throughout
their stay in the court.12
54. The ultimate goal of a programme should be a safe and secure exit from it. The programme
should have mechanisms that will inform the programme operators when a witness’s obligations
to testify have been exhausted and will provide periodic threat and risk assessments, not only to
determine if the level of protection is adequate, but also when or if the threat no longer exists.
These mechanisms should also be designed to determine when or if formal protection can be
replaced by self-protection behaviours. Further, more pathways for participants’ integration into
communities should be designed to make them self-sufficient and able to exist unsupported once
the level of risk has diminished to a level where self-protection only is necessary.
E. Relocation for witness protection
55. International relocation is the last resort of a witness protection programme. In such a case,
international cooperation and formal agreements between the requesting State or organization
and the proposed accepting State need to be concluded. This agreement should set out the
obligations of both parties under the agreement, the procedures to be adopted, etc. The
requirements of the requesting organization must be consistent with local laws in the host
country. The assistance of local officials may also be necessary to address security, health
assistance, emergencies and arrangements such as immigration.
56. Relocation of participants can be an extremely traumatic event. In The Prosecutor v.
German Katanga and Mathieu Chui, the Appeal Chamber of the International Criminal Court
emphasized that:
relocation is a serious measure ... that can have a “dramatic impact” and “serious effect”
upon the life of an individual, particularly in terms of removing a witness from their
normal surroundings and family ties and resettling that person into a new environment. It
12
Special Court for Sierra Leone, Best-Practice Recommendations for the Protection & Support
of Witnesses, May 2008.
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