Protecting Witnesses Of Serious Crime

Witnesses play a crucial role in the investigation, prosecution and adjudication of serious and organised crimes, and a range of protection measures are needed to ensure that witnesses can testify freely and without intimidation and receive protection before, during and after trial. This publication contains recently adopted Council of Europe and other standards in this field, as well as a compendium of national laws and practices in the countries which participated in the joint Council of Europe and European Commission CARPO regional police project from 2004 to 2006.

"This title was first published in 2001. Since the early 1990s, concern has grown about the harassment and intimidation of prosecution witnesses and as a result, several police forces have set up specialist units to protect witnesses under threat. This is the first-ever book to offer an in-depth analysis of a witness protection programme. Including interviews with both protected witnesses and police officers involved, it examines the structure, cost and effectiveness of such schemes and suggests how they might be expanded and developed at local, national and international levels."--Provided by publisher.

In the light of the urgent need for cooperative and collaborative action against trafficking, this publication presents examples of promising practice from around the world relating to trafficking interventions. It is hoped that the guidance offered, the practices showcased and the resources recommended in this Toolkit will inspire and assist policymakers, law enforcers, judges, prosecutors, victim service providers and members of civil society in playing their role in the global effort against trafficking in persons. The present edition is an updated and expanded version of the Toolkit published in 2006.

In order to combat terrorism, states often rely on the testimony of people who are closely connected to terrorist groups and who are more vulnerable than others to the use of intimidation against them or against people close to them. This may endanger the success of prosecutions often based on long and complicated investigations. Strengthening international co-operation in this field is also a useful means to ensure the protection of those persons whose protection would prove difficult on a merely national basis, given the conditions in the country where they are located. The Council of Europe has extensive experience in this area, based on existing European conventions and other standards. On that basis, and having drawn up a survey of national laws and practice in member and observer states, the Council of Europe has drawn up a new standard, Recommendation Rec(2005)9 of the Committee of Ministers to member states on the protection of witnesses and collaborators of justice, which is the subject of this publication.

For decades no law enforcement program has been as cloaked in controversy and mystery as the Federal Witness Protection Program. Now, for the first time, Gerald Shur, the man credited with the creation of WITSEC, teams with acclaimed investigative journalist Pete Earley to tell the inside story of turncoats, crime-fighters, killers, and ordinary human beings caught up in a life-and-death game of deception in the name of justice. WITSEC Inside the Federal Witness Protection Program When the government was losing the war on organized crime in the early 1960s, Gerald Shur, a young attorney in the Justice Department’s Organized Crime and Racketeering Section, urged the department to entice mobsters into breaking their code of silence with promises of protection and relocation. But as high-ranking mob figures came into the program, Shur discovered that keeping his witnesses alive in the face of death threats involved more than eradicating old identities and creating new ones. It also meant cutting off families from their pasts and giving new identities to wives and children, as well as to mob girlfriends and mistresses. It meant getting late-night phone calls from protected witnesses unable to cope with their new lives. It meant arranging funerals, providing financial support, and in one instance even helping a mobster’s wife get breast implants. And all too often it meant odds that a protected witness would return to what he knew best–crime. In this book Shur gives a you-are-there account of infamous witnesses, from Joseph Valachi to “Sammy the Bull” Gravano to “Fat Vinnie” Teresa, of the lengths the program goes to to keep its charges safe, and of cases that went very wrong and occasionally even protected those who went on to kill again. He describes the agony endured by innocent people who found themselves in the wrong place at the wrong time and ended up in a program tailored to criminals. And along with Shur’s war stories, WITSEC draws on the haunting words of one mob wife, who vividly describes her life of lies, secrecy, and loss inside the program. A powerful true story of the inner workings of one of the most effective and controversial weapons in the war against organized crime and the inner workings of organized crime itself–and more recently against Colombian drug dealers, outlaw motorcycle gang members, white-collar con men, and international terrorists–this book takes us into a tense, dangerous twilight world carefully hidden in plain sight: where the family living next door might not be who they say they are. . .

This book examines the concept of witness protection which is still at an early developmental stage in several African countries including Nigeria, from a legal and institutional perspective. Recent developments in Nigeria highlight the need to clarify legal and conceptual issues within the existing legal framework for protecting witnesses. Using the Nigerian case study, the book illustrates some obscurities inherent in the concept of witness protection. These are highlighted around five critical areas: the definition of witness protection; the scope of beneficiaries requiring protection; the nature of crimes necessitating protection; the nature of protective measures; and the administrative control of witness protection. Specifically, this book draws from the existing literature and practices of witness protection and adopts two distinct perspectives: the criminal justice perspectives and human rights perspectives as heuristic tools for analysing the concept and to separate the disparate influences that shape how it is construed. These distinctions are utilised throughout the book as an integrated way of conceptualising the concept of witness protection. By discussing the practice of witness protection within the Nigerian context, the book contributes to African conversations on the topic of witness protection. The clarifications made in this book are utilised in making normative proposals for developing a legal framework for witness protection in Nigeria. They are also useful for other African countries interested in developing a witness protection framework as part of criminal justice reform. This book will serve as a reference point for legal scholars, researchers, academics, (postgraduate) students and policy makers interested in the concept of witness protection. It would also be useful for courses ‘concerned with comparative criminology where there is an interest in developments in the Global South.’

This book presents the results of a study conducted for the European Commission, aimed at preparing legislative European initiative in the areas of both procedural and non-procedural witness protection and collaboration with justice. Already the March 2000 Strategy for the beginning of the new millennium, on the prevention and control of organised crime, had called for such initiative. The book 'EU standards on witness protection and collaboration with justice' contains well-balanced proposals for three new framework decisions regarding respectively anonymous witnesses, collaborators with justice and protected witnesses. This book is essential reading for policy makers, judicia (and law enforcement authorities throughout the European Union or from a broader international context. lt wilt be appealing also to researchers and anyone involved or taking an interest in witness or victim protection and/or combating (cross-border) crime at European or international level.

Seminar paper from the year 2014 in the subject Law - Criminal process, Criminology, Law Enforcement, University of Nairobi (Law), course: Criminal Law, language: English, abstract: There are a number of requirements to be met before any lawyer could prove a case in a court of law. Among them is the need to use credible evidence, competent witnesses and using the proper law. Sometimes there could be difficulties when dealing with witnesses that are crucial to a case but are not ready or willing to testify. Therefore, this paper addresses the options available when dealing with such witnesses.