As noted above in Chapter
��������������������������������������������������������������������
II section 2.3., throughout the monitoring period, monitors
observed that victims and witnesses typically were punctual for the first hearings in a case,
but later became less committed in their attendance because of the numerous delays and
postponements.
Monitors observed that judges frequently failed to remind victims and witnesses that they
had the right to read their statements before signing them. Monitors noted few�����������
��������������
instances
in which judges provided such a reminder. Given the difficulties that many victims and
witnesses face in travelling to court, it is unlikely that they would
�����������������������������
�����������������������
subsequently return to
review the minutes of the hearing (which includes their statements) for accuracy within the
three��������������������������������������������������������������������������������������
-�������������������������������������������������������������������������������������
day period provided by law. The �����������������������������������������������������
effective result ������������������������������������
is that the majority of victims and
witnesses do not review the statement they have signed, even though they are criminally
liable for its����������
�������������
content.
4.3. The Right to Privacy
Referring to the interests of victims and witnesses in the course of criminal proceedings,
the European Court stated, “The life, liberty or security of a person may be at stake, as may
interests coming generally within the ambit of Article 8 of the Convention. Such interests
of witnesses and victims are in principle protected by other, substantive provisions of the
Convention, which imply that Contracting States should organize their criminal proceedings
in such a way that those interests are not unjustifiably imperiled.”153
In cases of trafficking and domestic violence, protection of privacy is of particular importance
to victims and witnesses alike. Both international standards154 and domestic law155 require
states to protect the victim’s private life and identity means of doing so, including closed
hearings and/or non-disclosure of identity and/or change of name, among others.
Monitors observed that in general judges took into account the right to privacy of victims and
witnesses. Monitors noted several cases in which judges decided not to hold public hearings
to protect the interests of the victim. In appropriate cases, this is a legitimate and necessary
measure required to protect the privacy of victims. Limiting the access of the public to court
hearings in these cases prevents the public disclosure of confidential information about
the victim in accordance with his or her privacy rights. Monitors noted, however, that such
decisions to close hearings were often taken unilaterally by the judge without consulting
the victim. In some instances this may contradict the wishes of the victim. Judges, therefore,
should take into account the desires of the victim when deciding whether to close a hearing
to protect the victim’s privacy.
During both the first and the second monitoring periods monitors noted a few instances
in which judges asked inappropriate questions about the intimate life of the victim that
appeared to have no relevance to the substance of the case.
153 Doorson v. The Netherlands, Application No. 20524/92, 26 March 1996, para. 70.
154 �����������������������������������������������������������������������������������������������������
See, for example, Art. 11 of the Council of Europe Convention on Action against Trafficking in Human
Beings, 16 May 2005.
155 �����������������������������������������������������������
See Art. 12 of Law No.1458-XIII, 28 January 1998, Op. cit.
74
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