OSCE, Alm.del - 2010-11 (1. samling) - Bilag 47: OSCE PA - Supplementary Item 1-25

Considering the United Nations Convention against organized transnational crime (UNGeneral Assembly resolution No. 55/25, appendix I), which came into effect on 29September 2003, and the protocols relating thereto (resolution 55/255, appendix;resolution 55/25, appendix III; resolution 55/25, appendix II) as well as the UnitedNations Convention against corruption (UN General Assembly resolution No. 58/4,appendix I), effective as of 29 September 2003, which call on all member states to takeappropriate steps to prevent intimidation, constraint, corruption or physical aggressionagainst witnesses and to strengthen international cooperation in this domain,Considering the provisions concerning the protection of witnesses in the Statute ofRome of the International Criminal Court,Considering the provisions concerning the protection of witnesses contained in theRules of Procedure and Evidence of the International Criminal Court for the formerYugoslavia,Considering recommendation 1952 (2011) of the Parliamentary Assembly of theCouncil of Europe concerning “Protection of Witnesses: The Cornerstone of Justice andof Reconciliation in the Balkans” dated 26 January 2011,Considering the involvement and the commitment of the OSCE countries in favor of thestruggle against organized transnational crime,Considering the decisive role played by witnesses in the work of the justice system fordiscovery of the truth and the struggle against impunity, by means of the help withwhich they can supply the police and the courts, particularly in matters bearing on warcrimes and the struggle against organized crime, as well as the vital necessity resultingtherefrom to protect them against the intimidation, threats and violence to which theymight be subjected to dissuade them from testifying or to punish them for theirtestimony, often considered as betrayal “treason”, and in order to provide them withhelp and assistance so that they can give evidence in the best possible conditions,In the light of the specific difficulties encountered by witnesses known as “from theinterior”, in other words, coming from criminal groups or serving with the armed officesor the police,Considering the fact that in certain cases, systematic disclosure of the identity ofwitnesses in defense of the accused may run counter to the interest of justice,particularly if such disclosure exposes the witnesses and those around them to risks,Considering the fact, finally, that in the absence of appropriate protection and assistanceto enable a witness to testify, neither the work of justice nor the process of reconciliationof the populations affected by war crimes can be expected to be lasting,

The OSCE Parliamentary Assembly:10. Calls for the judicial authorities and the prosecutors of the OSCE member states to carryout effective investigations of the allegations of threats, harassment or aggressionagainst witnesses or those close to them, and to quickly sanction the authors thereof;11. Calls on the OSCE member states to include, in national legislation, programmes for theprotection of witnesses before, during and after trials, or to upgrade the existingprograms;12. Calls on the OSCE member states to implement measures aimed at guaranteeing thatjudges, prosecutors, policemen and other officials in contact with persons called on totestify receive complete training in witness protection;13. Calls on the OSCE member states to implement, in national legislation, or to strengthenmeasures for assistance for witnesses before, during and after trial, in parallel to themeans deployed for their physical protection, so as to guarantee successful prosecutionof the authors of offences and to avoid secondary victimization of witnesses, by offeringthem logistical aid in particular, including to meet the need for finding new housing,legal counsel, medical care, appropriate psychological and social assistance as well asfinancial aid;14. Calls on the competent national authorities to apply special measures if circumstances sorequire, particularly by restricting the disclosure of information concerning witnesses,removal of the identifying information concerning a witness from public documents, useof pseudonyms, closed door testimony and partial or complete anonymous testimony,with due observance of the case law of the European Court for Human Rights, as well as– if need be – a change of identity and resettlement of a witness in another place,including abroad;15. Calls on the competent national authorities to extend, if need be, possible measures forprotection and assistance from which a witness might benefit to include all or part ofthose around him;16. Calls on the competent national authorities to use all possible technical means toupgrade witness protection, such as videoconferencing and image or voice distortion, toavoid disclosing a witness’ identity to the defendant and to the public, in matters relatingto war crimes, but also in those concerning organized crime, in accordance with theprovisions of the United Nations Convention against organized transnational crime;17. Calls on the competent national authorities to adjust the configuration of the higher andlower courts in such a way that protected witnesses can use a separate entrance and canavoid finding themselves in the defendant’s presence;18. Calls on the OSCE member states to create autonomous entities, separate from policeforces and investigatory bodies, reporting to the Ministry of Justice so as to supervisethe programs for witness protection and assistance as well as recruitment of the staffneeded to guarantee proper operation thereof, and to assign the appropriate financialresources thereto;19. Calls on the OSCE member states to conclude agreements with the other states and withthe international courts with a view to organizing and facilitating handling andreinstallation on their territory of witnesses protected in another state or by such a court;2

20. Calls on the member states to implement appropriate, stable and lasting financing for theprograms for witness protection and assistance;21. Calls on the member states to promulgate laws authorizing financing of such programsfrom the proceeds of property seized or confiscated because of its criminal origin, so asto make appropriate training for staff possible and to pay part of the ordinaryexpenditures connected with witness resettlement;22. Calls on the competent national authorities to establish, within the framework of thewitness assistance programs, partnerships with the non-governmental organizationshaving recognized experience vis-à-vis vulnerable populations called on to testify,particularly young people and children;23. Calls on the OSCE and the other international organizations to strengthen theircooperation in order to optimize the financing, expertise and training programs forwitness protection and assistance in all vulnerable regions;24. Calls on the international courts to install residual mechanisms to guarantee thecontinuation and management of the witness protection and assistance programsbenefiting therefrom after such courts have ceased to operate.