Welcome Address by Holger Schroeder, Head of Operations, EU Delegation to BiH Conference ‘Challenges in Justice Security’ co-organised by the UN, USA and EU funded multi beneficiary project WINPRO II (Cooperation in Criminal Justice: Witness Protection in the Fight Against Organised Crime and Corruption)

Sarajevo, 24 September 2013

Ladies and Gentlemen,

It is a pleasure for me to welcome you to this Conference.

The Rule of Law and a functioning judiciary are essential for democracy and economic prosperity, and central for the aspiration of any country that wants to become a member of the European Union.

This conference addresses one important aspect in this regard: SECURITY in criminal proceedings.

–    Citizens must feel secure to come forward as witnesses in criminal cases

–    Prosecutors must not be afraid of pursuing evidence and put forward indictments, even in sensitive cases  

–    Judges must not be intimidated when assessing a case and rendering decisions

Ensuring the required level of security for all actors involved in criminal prosecution is particularly challenging in Bosnia and Herzegovina due to the high number of sensitive criminal cases the judiciary must deal with – such as war crime or organised crime and corruption cases.

I believe that today’s event will show that the level of security needed can only be achieved through a JOINT and COORDINATED effort by all involved actors – in particular police, court police, prosecutors and courts.

Let me start with the witnesses – who regularly play a crucial role in the prosecution of war crime cases. It is essential that the criminal justice system can provide the necessary support and protection so that witnesses feel free to provide statements without fear for themselves or their families. This protection can be complex and costly to provide.  

Witnesses are often also former victims, which might require medical and psychological support. It is important to avoid re-traumatization in the process and to help them and their families to face the challenges before, during and after trials. A referral system involving prosecutors, judges, social and medical services as well as support from NGOs is required.

Furthermore, organized-, war crimes or corruption cases often have an international dimension from the evidence collection to the potential relocation of witnesses. Thus cooperation is needed across the region as well as internationally.

Last but not least, security of judicial premises – courts and prosecutors’ offices – needs to be ensured. This is the responsibility of the Court Police.

There is much work to be done in re/inforcing all aspects of witness protection and justice security, both internationally, as well as in BiH. Different national programmes and the relocation of witnesses need to be standardised, capacities of witness protection units enhanced, and witness protection officers provided with further training.

Witness protection is a complex and rapidly moving discipline and all countries need to seek improvements, learn from each other and enhance cooperation.

The EU wants to be a constructive partner in this effort.

The regional WINPRO project, in the framework of which this conference is organised, is bringing together a team of European experts to share best practices of EU countries, and to facilitate inter/agency collaboration and communication as well as cooperation at regional and European level.

The important contribution that the WINPRO project is making, is complemented by the assistance the EU is providing at country level.

We are currently spending more than one million Euro for better witness protection at courts that are expected to process the highest number of war crime cases. These funds are used for building of separate entrances to court buildings for witnesses and for the reorganisation of courtrooms in a way to ensure that witnesses do not need to face the alleged perpetrator in the court room.  We are also providing ICT equipment which allows witnesses who are given the status “protected witness” to testify without being observed in the court room. The EU will furthermore purchase equipment for the court police.

We believe that the contribution of the EU, the US, UNDP and others, in partnership with BiH institutions, will make a difference in better protecting and supporting witnesses and providing security in criminal proceedings.

But we are also aware that one all joint efforts in order to succeed require a firm legal basis. It is for this reason that the Structural Dialogue has repeatedly recommended the adoption of a new Law on Witness Protection. This law is now in Parliament. We consider its adoption crucial for ensuring a sustainable integrated mechanism of witness protection in BiH.

I would like to close by wishing you an informative and interesting conference and success in our joint efforts.

Thank you.