WRITTEN QUESTION E-2058/00

by Cristiana Muscardini (UEN) to the Commission

(27 June 2000)

Subject: Programmes to protect witnesses and persons assisting the course of justice

In various Member States of the Union, in line with practice in the US, there are statutory protection programmes for persons who have assisted the course of justice, be they members of criminal gangs who have turned state's evidence (pentiti) or key witnesses who require protection. It often happens that criminals who inform on their former associates provide the judicial authorities with vital information that enables the latter to bring charges and secure the conviction of those responsible for crimes. In Italy it can also happen that witnesses, after having assisted the course of justice, are not protected as they were promised, or as the economic circumstances of their families would require. It is not unusual to find that pentiti who have committed a string of murders receive large cash awards, in addition to the monthly allowances regularly paid to their families, while the promises made to state witnesses are broken, or no proceedings are taken in respect of the crimes they report.

The Commission:

1. Does it know what rules apply in the Member States to the handling of prosecution witnesses and criminals who have turned state's evidence?

2. Does it consider that this specific sector could come under the heading of police and judicial cooperation and, in particular, within the scope of the new article K of the Treaty of Amsterdam?

3. If so, while bearing in mind the different situations which might arise in terms of crime in the various Member States, is the Commission prepared to submit proposals aimed at harmonising protection programmes for informants and prosecution witnesses with a view to bringing them all into line with those providing the most guarantees and protection for such persons and their families, but without granting total immunity to those who have committed heinous crimes, multiple murders or crimes against minors?

4. If not, why does the Commission not instruct the European Police Office to gather all the information necessary with a view to bringing the various systems into line and avoiding excessive divergence between them?

Answer given by Mr Vitorino on behalf of the Commission

(26 July 2000)

The Commission agrees with the Honourable Member on the important role played by witnesses and individuals who participate or have participated in criminal organisations to fight against these organisations by providing information on their composition and activities.

A Council resolution(1) on the protection of witnesses in the fight against international organised crime adopted on 23 November 1995 aimed to ensure the safety of witnesses who possesses intelligence or information which could be material to criminal proceedings and which would be liable to endanger them. A majority of Member States have laws under which witnesses are accorded special protection.

A second resolution(2) adopted on 20 December 1996 on individuals who cooperate with the judicial process aimed to achieve more efficient co-operation in combating international organised crime by using statements made to the authorities by members of criminal organisations who agree to cooperate with the judicial process. In this respect, some Member States apply general laws, which serve for implementing the provisions of the resolution. The approach and needs differ from one Member State to another.

The Council is currently considering how to implement Recommendation 25: The prevention and control of organised crime: An European Union Strategy for the beginning of the new Millennium(3), which states that a proposal should be prepared for an instrument on the position and protection of witnesses and of persons who participate or have participated in criminal organisations.

(1) OJ C 327, 7.12.1995.

(2) OJ C 10, 11.1.1997.

(3) OJ C 124, 3.5.2000.