• Establishing secure premises in which to conduct interviews;
• Limiting contact with the witness only to what is necessary;
• Removing a potential witness to a safe house or area; and
• Ensuring that their basic needs, including medical needs and financial considerations (such
as compensation for lost earnings), are met.
The International Tribunals have extensive experience in dealing with aspects of witness protection at trial, the establishment of victim and witness sections, and the implementation of a
variety of technological protective measures in the courtroom, including voice and image distortion, closed sessions, protective screens, pseudonyms and closed-circuit television. In some
cases relocation, even to another country, and a new identity may be needed. For victims of
sexual offences, these measures may be accompanied by evidentiary safeguards such as the
inadmissibility of evidence of past sexual conduct or the limited admissibility of evidence of
consent. It is also important that former witnesses are kept informed of the proceedings and
the outcome of cases. Protocols on these issues should be developed early on, with adequate
expertise on women’s and children’s issues. If domestic jurisdictions lack adequate legislation
or expertise in this area, they may wish to consult international counterparts with extensive
expertise, including the International Criminal Court.
20
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