The Protection Of Witnesses And Collaborators Of Justice

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.

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.

The beginning of the twenty-first century has seen a resurgence of terrorist attacks on a scale previously unimaginable. In response, the Council of Europe has examined key areas in which it could contribute to the international community¿s efforts in the fight against terrorism and identified the protection of witnesses and collaborators of justice as one of its priorities. 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. This publication contains the recently adopted standards in this field as well as a survey of national laws and practice in Council of Europe member and observer states together with an analytical report.

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.

Set up under the authorithy of the European Committee on Crime Problems

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.’

True justice depends not only on the ability of states to prosecute the perpetrators of a crime, but also on their capacity to restore the situation of victims. This publication contains the main legal standards and guidelines developed by the Council of Europe which focus on the rights and needs of victims of crime, as part of the their work to promote human rights, democracy and the rule of law.