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Physical Protection Mechanisms for People Who Report Corruption

Witness Protection: A Critical Measure to Ensure Safe Testimony

Witnesses play a crucial role in bringing perpetrators of corruption to justice. However, they often face serious threats and intimidation, which can compromise their safety and the integrity of the trial process.

Categories of Security Measures for Witnesses

There are three categories of security measures for witnesses:

Police Protection

  • Personal security briefings
  • Bodyguards
  • Regular patrolling and/or temporary change of residence
  • Good investigative practices, such as keeping investigations confidential to protect the witness

Judicial and Procedural Measures

  • Anonymous testimony
  • Presence of an accompanying person for support
  • Voice distortion
  • Use of a pre-trial statement instead of in-court testimony
  • Testimony via videoconferencing or removal of the defendant from the courtroom

Witness Protection Programs: Safeguarding Witnesses at Risk

Witness protection programs are designed to safeguard witnesses who face serious threats that cannot be addressed by other means. These programs typically provide a new identity, accommodation, transport, and any other necessary measures to ensure the witness’s safety.

International Instruments Recognize the Importance of Witness Protection

The United Nations Convention against Corruption (UNCAC) mandates that each state party should take appropriate measures to provide effective protection for witnesses and experts who give testimony concerning offenses established under the convention.

Best Practice: National Legislation on Witness Protection Programs

National legislation on witness protection programs should specify:

  • Protection measures that may be used
  • Application and admission criteria procedures
  • The authority responsible for the program’s implementation
  • Criteria upon which a witness may be terminated from the program
  • The rights and obligations of the parties
  • That the program’s operations are confidential
  • Penalties for the disclosure of information about protection arrangements or about the identity or location of protected witnesses

Australia’s Witness Protection Act 1994: A Model for Best Practice

The Australian Witness Protection Act 1994 defines a witness as a person who has given or will give evidence in the proceedings of an offense or hearing before an authority. The act covers protection for people close to the witness and may also require protection. Foreign nationals are eligible under the witness protection program.

Implementation of Witness Protection Programs

The Crime and Misconduct Commission places the witness in the protection scheme, and a memorandum of understanding is signed between all parties. The protection includes establishing a new identity, providing accommodation, providing transport, providing payments, and anything else considered necessary for their protection.