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.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents