VICTIM AND WITNESS PROTECTION
Many States have introduced a range of practical
measures to protect victims and witnesses, as well as
for investigators at risk, before, during and after an
investigation and prosecution. Adopting measures to
protect people from reprisals, intimidation, harassment or
other risks associated with making a complaint or being
involved in an investigation is fundamental for a number of
reasons:
Article 13, UNCAT
[...] Steps shall be taken to ensure that the
complainant and witnesses are protected
against all ill-treatment or intimidation as a
consequence of his [or her] complaint or any
evidence given.
• they protect the safety of individuals;
• they minimise interference in proceedings and limit the
withdrawal of key evidence;
• they build confidence in complaints and investigations procedures; and
• they combat impunity and corruption.
Sometimes protection safeguards are set out in domestic legislation and some States have adopted specific crimes
covering the harassment or intimidation of victims and witnesses. Other measures may be specified in a range of
regulations, policies or rules of procedure for complaints and investigative bodies. Such measures include:
• enabling complaints to be submitted confidentially;
• relocation or suspension of those under investigation;
• interviewing people in private and in confidence;
• anonymising data of the people visited or interviewed in any public records, or upon request; and
• conducting follow up visits to act as a deterrent and verify the safety of individuals.
Good practice also covers measures to assist persons in providing testimony in any hearings. Such measures
include holding hearings closed to the public; the use of pseudonyms; expunging names and other information
that may identify the victims or witnesses from public records; enabling testimony to be given through the use of a
screen, curtain or two-way mirror, or via closed-circuit television or other audio-visual link, or the use of image or
voice distortion.
For the most serious cases where the lives of victims, witnesses or their families are at risk, a number of States
have established formal witness protection programmes, providing for relocation and a change of identity of those
at risk.
Colombia: witness protection programmes to respond to differing levels of risk
In Colombia, the Office of the Attorney General has an obligation to provide protection for witnesses, victims and
other parties to criminal proceedings. In accordance with Law No. 418 of 1997, three distinct witness protection
programmes have been developed to respond to differing levels of risk for victims and witness. Applications to be
placed under these programmes are made to the Office of the Attorney General. The first programme provides
witnesses with information and recommendations for their own safety; the second provides limited monitoring of
witnesses’ situations; and the third relates to the most serious cases and includes a change of identity and covers
victims, witnesses, parties to proceedings and officials of the Office of the Attorney General.
TOOL: Complaints and investigations
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