Part 2
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decision should be recorded and the person should be informed of the reasons
and grounds for such a decision.
2.1.2 Witness Security and Protection
In situations when witnesses are targeted for retaliation or intimidation,
the fear of reprisals can be substantial and can be a serious barrier to people coming forward to provide information or to giving evidence in court.
Apprehension about the legal process itself can also act as a deterrent; most
witnesses find the prospect of giving evidence in court stressful and even
frightening. So investigators will want to provide reassurance in order to minimize fear. It is essential that they maintain regular contact with witnesses
to keep them updated on the progress of the legal proceedings and to support
them. Investigators should provide examples of what to expect in court and
advice on how to answer questions, without coaching them on what to say.
Witnesses will also be aware that in terrorism cases the risk to them may
be greater than in other criminal cases. The security of information sources,
including undercover agents, who will often also be witnesses, has already
been dealt with in sections 1.1 and 1.2 above, and the principles set out there
apply equally to all witnesses in terrorism cases.
Basic security measures, such as not disclosing the witness’s address, should be
routine, assuming that the legal system in force in the jurisdiction allows for this.
Other potential measures include providing the witness with a mobile telephone
or a house panic alarm linked directly to a police station, or fitting locks and giving general advice on security. Keeping in touch with witnesses by means of visits
or telephone calls can provide both reassurance and an early warning that something may be amiss. When a witness is being intimidated, it is far better to learn
about it at an early stage to take appropriate actions, rather than finding out in
court by discovering that the witness suddenly “cannot remember” anything.
Bearing in mind that the openness of judicial proceedings is a fundamental
principle of a fair trial, other security measures to protect and reassure anxious or vulnerable witnesses may require the permission of the court.
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