A/HRC/12/19
page 18
key to combating impunity, to vetting officials, to discovering truth, and to providing
reparations. Archivists can advise policymakers on the importance and characteristics of
good access laws.
66. The records of a transitional justice institution must be managed while the institution
is active and secured in an archive when the institution completes its work. The records of
a truth commission, with a few exceptions, are national records of the Government, as are
records of vetting panels and reparation bodies; they need to be preserved in national
archives. Records of temporary courts are either governmental or United Nations property
and need to be preserved in the respective archives.
67. With regard to witness protection, the overarching objective is also to combat
impunity. In this regard, there is a need to develop common standards and promote best
practices that would serve as guidelines to States in protecting witnesses and others
concerned with providing cooperation in trials for gross human rights violations.
68. At the same time, while the international tribunals have made strong efforts to design
human rights-based witness protection programmes, there is a need to strengthen the
effective provision by the international community of financial, technical and political
support necessary to develop programmes at the national level. This requires relevant
human rights bodies to encourage, facilitate and support States in developing independent,
trustworthy and strong witness protection mechanisms at national level.
69. A system of witness protection programme may be considered which, though
independent from State mechanisms, would be universally trusted. Such a system could be
funded by the State, but not closely controlled by the machinery of State organs. In
particular, witness protection mechanisms in such circumstances should not be associated
with State agencies such as the police, security agencies and the military. In many cases,
these agencies had political and ideological allegiances to the accused implicated in the
proceedings, and the capacity to influence the prosecution.
70. Witness protection programmes should also be designed to protect individuals who
are cooperating with other accountability mechanisms, include those of a quasi- and
non-judicial nature, such as human rights commissions and truth and reconciliation
commissions.
71. In recent years, international and regional intergovernmental organizations, such as
the United Nations Office on Drugs and Crime, the Council of Europe, the European Police
Office-Europol and the European Commission, have carried out significant work in the
area of inter-State agreements on relocation of witnesses involved in transnational
organized crimes. Similarly, in order to strengthen international cooperation in witness
protection in human rights trials, States with established witness protection programmes
should be encouraged to formalize agreements between them, and set a framework for the
relocation of witnesses to their territories, if required.
-----
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents