An Analysis Of Legal Journey Toward Witness Protec

Abstract

In recent years the organized crime has grown. Criminal organizations are becoming stronger and more diverse. They are engaging more and more frequently in systematic forms of cooperation designed to further their criminal activities. In the investigation and prosecution of crime, particularly the more serious and complex forms of organized crime, it is essential that witnesses, the cornerstones for successful investigation and prosecution, have trust in criminal justice systems. Witnesses need to have the confidence to come forward to assist law enforcement and prosecutorial authorities. They need to be assured that they will receive support and protection from intimidation and the harm that criminal groups may seek to inflict upon them in attempts to discourage or punish them from cooperating. Witness protection is an important mechanism in criminal justice proceedings that can help the State to bring criminals to justice, especially in cases of organized crime and terrorism. In order to strengthen their capacity to more effectively prosecute the perpetrators of terrorist attacks, many countries have established and use witness protection measures in order to ensure that critical testimony is available as part of related criminal proceedings. Witness protection covers a range of possible measures, including the concealment of a witnesses' identity or those of his/her family, the use of video-conferencing during the trial, anonymous testimony, physical protection and others. Where necessary, full-fledged witness protection programmes may also include the physical relocation of a witness, the change of their identity as well as their socio- economic reintegration into a new life. There is dire need to introduce appropriate measures to prevent witness intimidation, coercion, corruption or bodily injury. Often though, even where such measures have been legislated, implementation remains less than satisfactory and further progress is needed particularly with regard to change of identity and relocation of at-risk witnesses. Experience has shown that in witness protection there are no easy solutions.