Witness protection in the fight against organised crime and corruption

Ensuring that witnesses can testify in safety and without suffering intimidation is essential for the investigation and prosecution of any crime. Witnesses safety is not a luxury but as an essential element of the judicial process. BiH, in view of its EU membership perspective, will need to demonstrate a track record of investigation and prosecution of corruption and organized crime cases. In order to achieve this, a functioning Witness Protection Programme will be crucial. There is a clear need for a certain level of harmonisation of different national programmes, enhancing capacities of witness protection units, standardisation of processes such as the relocation of witnesses, and education of witness protection officers.

All aspects of the witness protection were discussed by the BiH criminal justice system stakeholders from 11 to 13 March at the seminar hosted by the Witness Protection in the Fight against Organised Crime and Corruption (WINPRO II) and the EU Support to Law Enforcement Project, both funded by the EU.

“The WINPRO II objective is to strengthen cooperation to combat organized crime and corruption at regional and European level by reinforcing the institutional capacity of the Witness Protection Units and other relevant agencies to offer protection to witnesses and collaborators of justice, before, during and after the trial, within and/or outside the country,“ said Chris Albiston, WINPRO II Project Leader, adding: “BiH also needs to take additional steps to harmonize the legislation accordingly to the EU standards and  ensure an adequate implementation. Effective action needs to be taken to address the lack of protection for witnesses at the entity and cantonal level, too.“

As witnesses are the cornerstones of successful national criminal justice system, proper functioning of the witness protection requires a tight cooperation between police, prosecutors, and courts. “Witness security measures fall into three categories: police protection, judicial and procedural measures, and covert witness protection programmes. We contribute to the strengthening of operational and professional capacities of the Witness Protection Units by educating officers and enhancing cooperation with the prosecutors and courts,“ said Gyula Radi, Long Term Expert, EU Support to Law Enforcement Project.

The EU will continue supporting witness protection programme in BIH in scope of the 36-month long project implemented by Northern Ireland Cooperation Overseas in cooperation with the UK Ministry of Justice and their associate, EUROPOL since December 2012.

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The EU Support to Law Enforcement Project is funded by the EU in the amount of 7 million EUR, from the Instrument for IPA 2010. The project has started on 2 May 2012 and it will continue until 30 April 2014. The project consortium partners include the Ministries of Interior of the Republic of Austria, Republic of Slovenia, Hungary and of the Land Brandenburg of the Federal Republic of Germany, as well as the International Centre for Migration Policy Development (ICMPD), and Transparency International BiH (as an Associate). Beneficiary partners are BiH law enforcement agencies at state, entity, cantonal and Brčko District level.

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