GROUP 2
EFFECTIVE MEASURES TO SECURE PROTECTION AND COOPERATIONOF WITNESSES
Chairperson
Co-Chairpersons
Rapporteurs
Co-Rapporteur
Members
Visiting Experts
Advisers

Mr. Barnabas Mwakalukwa
Ms. Masako Kariya
Mr. Narayan Panthee
Mr. Azael Samaniego Ivaldy
Mr. Roland Cobbler
Mr. Kosuke Yokomaku
Mr. Rafael Armando Ascencio
Mr. Yamada Naoyuki
Mr. Robert E. Courtney III
Ms. Karen Kramer
Prof. Kumiko Izumi
Prof. Yuichi Tada

(Tanzania)(Japan)(Nepal)(Panama)(Barbados)(Japan)(El Salvador)(Japan)(USA)(UNDOC)(UNAFEI)(UNAFEI)

I. INTRODUCTION
It is important to implement witness protection measures, because witnesses’/victims’ support andprotection is key to the success of the criminal justice system.
The criminalization of obstruction of testimony is equally important as the actual protection of witnesses
because that will ensure that the witness is protected.
Our group has been assigned to discuss the topic “Effective Measures to Secure Protection andCooperation of witnesses”, with particular attention to be focused on non-organized crimes such as sexcrimes, crimes involving child victims, or violent crimes. We agreed to conduct the discussions based on
the following agenda: 1) Effective legislation and measures to protect witnesses; 2) Criminalization andpunishment of obstruction of justice.

II. EFFECTIVE LEGISLATION AND MEASURES TO PROTECT WITNESSES
A. The Current Situation
1. Police Protection of Witnesses
From the discussion, it was verified that the police force of each country has a primary responsibility toensure effective measures to secure protection and cooperation of witnesses. Some examples are policepatrols for witnesses and escort of witnesses and victims. One good example of physical protection wasprovided by Hiroshima Prefectural Police Department.
2. Procedural Protection Measures at Trial Stage
Most participants’ countries have measures to limit witnesses’ exposure to the public or psychologicalstress and many countries have measures to reduce fear through avoidance of face-to-face confrontation
with the defendant and measures to make it difficult or impossible for the defendant to trace identity ofthe witness. Existing legislation in Japan permits the use of screens during the testimony of witnesses.
Additionally, other measures include the giving of evidence via video link, the likelihood of witnesses being
accompanied in court, separate waiting rooms for witnesses, legislation to prevent disclosure, financial
assistance, psychological support, and coordination among relevant government agencies.
All participants’ countries consider it important to balance witness safety and the defendant’s right to afair trial; for example, all countries have cross-examination.
3. Comprehensive Witnesses Protection Programme
Only one country, El Salvador, has legislated to support a standardized witness protection programme. In89

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other countries, existing legislation and other measures are used for witness protection.
4. Other General Matters
Some countries have programmes of training on witness assistance and their protection as well asinternational cooperation with regard to the protection of witnesses.
It is observed that some countries have measures to enable the prompt disposition of pending cases,
namely pre-trial conference procedures, which clarify arguments and disclosure of evidence.

B. Problems and Challenges
1. Police Protection of Witnesses
Some countries have special guidelines for protection of witnesses. Countries which do not have suchguidelines have to deal with protection of witness case-by-case.
Most participants’ countries have insufficient training for police officers regarding witness protection.
2. Procedural Protection Measures at Trial Stage
There are a few countries which do not have any measures to reduce the hostility a witness may facewhen testifying.
Although some measures are employed, they do not include voice distortion or concealing identifying
information of the witness from the defendant.
When introducing countermeasures mentioned above, balancing witnesses safety and the defendant’s
right to a fair trial is an important consideration.
3. Comprehensive Witness Protection Programme
Only one country has a comprehensive witness protection programme. The others protect witnesses
case-by-case.
The country with a comprehensive witness protection programme still has problems with international
relocation resulting from ineffective implementation treaties. The other problem is change of identity ofwitnesses, resulting from lack of guidelines.
4. Other General Matters
There is a necessity to improve capacity building and training for officers involved in witness assistanceand protection.
All participants observed that its a necessity to cooperate in witness protection.
The majority of the participants’ countries have a lengthy trial process, which in some cases results inwitnesses being reluctant to participate in the criminal justice system.
Likewise, those countries are also facing financial constraints, because this programme is expensive toeffectively implement.

C. Countermeasures
1. Police Protection of Witnesses
Establishing specific witness protection guidelines, forming a special unit for witness protection, regularpatrols, creating a special hotline for witnesses and adequate training are all essential countermeasures
which could be adopted to address issues related to police protection of witnesses.
In order to prevent secondary victimization in cases of sexual offences, training courses for police officers
should be provided.

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2. Procedural Protection Measures at Trial Stage
Regarding the countermeasures to reduce fear through the avoidance of face-to-face confrontation
with the defendant at the trial stage, there are measures such as the giving of testimony via closed circuit
TV or video conferencing, the use of pre-trial statements instead of in-court testimony, the removal ofthe defendant from the courtroom, the provision of separate waiting rooms, and recorded testimony andshielding. These are all significant measures that could be employed to reduce the fear experienced by somewitnesses.
In the identification of countermeasures to make it difficult or impossible for the defendant to trace
the identity of witnesses, effective measures may include the use of anonymous testimony, limiting thedisclosure of information that can be linked to the witness’ identity, punishing persons who willingly provide
information on witnesses to the defendant and distortion of the witness’ voice or face.
To limit witness exposure to the public and psychological stress, effective countermeasures could include
exclusion of the public from the courtroom during trial (evidence in camera), or allowing the presence of an
accompanying person to provide support for the witness. Some measures to reduce fear through avoidanceof face-to-face confrontation with the defendant are also applicable for limiting the witness’ exposure to thepublic and psychological stress.
The above measures are also effective in terms of child abuse and sex crime.
We have to consider the rights of the defendant as well as the rights of the witness, for example: allow
the presence of the defence lawyer at all stages of the process and allow the witness an accompanying
person during the trial; ensure cross-examination; and disclosure of relevant information to the defendant’scounsel.
3. Comprehensive Witness Protection Programme
According to the visiting experts, Mr. Gaña, Ms. Kramer, and Mr. Courtney, and the experience ofEl Salvador, and based on the discussion we had in our group, we identify the following measures as acomprehensive witnesses protection: relocation, change of identify, financial assistance, psychologicalsupport, coordination among the relevant governmental agencies, work and study relocation, medicalassistance, job training for witnesses and training for police officers.
4. Other General Matters
In an effort to ensure the best results from a witness protection programme the following points are
essential: family protection and assistance, safe houses and shelters, training for officers involved in witnessassistance and protection, international cooperation (e.g.) treaties and prompt disposition of pending cases.

D. Recommendations• The police should protect witnesses if necessary.
• It is crucial to introduce legislation and establish organizational structure of witness protection
measures.
• The witness protection measures are necessary for all countries, and countries that do not have thispolicy should implement it. Countries that have such policies in place should consider their own
situation and make the necessary improvements.
• A comprehensive protection programme is an effective system to protect the witness; on the otherhand, when we looked the financial burden, and the burden placed on the witness, it should beconsidered as a last resort, therefore at the introduction of the programme, we have to carefully
examine its necessity. If the programme is not necessary, we should take other specific measures toprotect the witness.
• We have to ensure sufficient state budget for running the programme, and the enactment oflegislation that provides for the proceed of crime to be utilized for witness protection budgets.
• For victims of sex crime it is important to prevent secondary victimization and in the case of childvictims it is important to implement measures specifically for children so that sex crime victims andchildren can feel comfortable making a statement in Court.

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III. CRIMINALIZATION AND PUNISHMENT OF OBSTRUCTION OF JUSTICE
A. The Current Situation
Obstruction of justiced is criminalized in all represented countries but one, based on the provisions
outlined in UNTOC and UNCAC, in addition to their existing legislation.
In some of the countries, when unjust acts are taken against witnesses or sex crime victims, thepunishment imposed on those perpetrators is severe, based on the stipulations in the legislation.
Most of the countries, with the exception of one, define the offence of witness interference asobstruction of justice.
For one country, among the actions that are stipulated under UNCAC and UNTOC, there are measuresagainst assault and intimidation, but there are no particular measures that punish unreasonable benefits or
the promise of unreasonable benefits.

B. Problems and Challenges
In one country, providing undue advantage or promising to provide undue advantage to the witness forthe purpose of making or encouraging a false statement or not making any statement are not penalized.
In other countries, there is effective legislation, but some countries have problems when it comes theenforcement of such legislation.
C. Countermeasures
It was observed that in one country there is a need to establish a separate provision for providing orpromising to provide undue advantage.
For those countries which have problems with the enforcement of legislation, improvement measures
must be taken, so that the law can be enforced more easily and effectively.

D. Recommendations
In order to ensure the cooperation and protection of witnesses, it is necessary to implement correct
measures to criminalize obstruction of justice, and in order to realize this with regard to countries in which
legislation is not adequate, improvement is necessary. As for countries in which legislation is adequate but
enforcement is not, enforcement must be improved so that legislation is effective.

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