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  • Terrorism: Protection of Witnesses and Collaborators of Justice

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    The beginning of the twenty-first century has seen a resurgence of terrorist attacks on a scale previously unimaginable. In response, the Council of Europe has examined key areas in which it could contribute to the international community’s efforts in the fight against terrorism and identified the protection of witnesses and collaborators of justice as one of its priorities. In order to combat terrorism, states often rely on the testimony of people who are closely connected to terrorist groups and who are more vulnerable than others to the use of intimidation against them or against people close to them. This may endanger the success of prosecutions often based on long and complicated investigations. Strengthening international co-operation in this field is also a useful means to ensure the protection of those persons whose protection would prove difficult on a merely national basis, given the conditions in the country where they are located. The Council of Europe has extensive experience in this area, based on existing European conventions and other standards. This publication contains the recently adopted standards in this field as well as a survey of national laws and practice in Council of Europe member and observer states together with an analytical report.

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    Terrorism: Protection of witnesses and collaborators of justice

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    The beginning of the twenty-first century has seen a resurgence of terrorist attacks on a scale previously unimaginable. In response, the Council of Europe has examined key areas in which it could contribute to the international community’s efforts in the fight against terrorism and identified the protection of witnesses and collaborators of justice as one of its priorities. In order to combat terrorism, states often rely on the testimony of people who are closely connected to terrorist groups and who are more vulnerable than others to the use of intimidation against them or against people close to them. This may endanger the success of prosecutions often based on long and complicated investigations. Strengthening international co-operation in this field is also a useful means to ensure the protection of those persons whose protection would prove difficult on a merely national basis, given the conditions in the country where they are located. The Council of Europe has extensive experience in this area, based on existing European conventions and other standards. This publication contains the recently adopted standards in this field as well as a survey of national laws and practice in Council of Europe member and observer states together with an analytical report.

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    34 views2 pages

    Terrorism: Protection of Witnesses and Collaborators of Justice

    Uploaded by

    Council of Europe
    The beginning of the twenty-first century has seen a resurgence of terrorist attacks on a scale previously unimaginable. In response, the Council of Europe has examined key areas in which it could contribute to the international community’s efforts in the fight against terrorism and identified the protection of witnesses and collaborators of justice as one of its priorities. In order to combat terrorism, states often rely on the testimony of people who are closely connected to terrorist groups and who are more vulnerable than others to the use of intimidation against them or against people close to them. This may endanger the success of prosecutions often based on long and complicated investigations. Strengthening international co-operation in this field is also a useful means to ensure the protection of those persons whose protection would prove difficult on a merely national basis, given the conditions in the country where they are located. The Council of Europe has extensive experience in this area, based on existing European conventions and other standards. This publication contains the recently adopted standards in this field as well as a survey of national laws and practice in Council of Europe member and observer states together with an analytical report.

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    FOREWORD

    Terrorism is one of the most blatant forms of assault on human rights,


    democracy and the rule of law. Yet the Council of Europe was set up to
    stand for these values and it has dedicated the last 56 years to upholding
    them. Consequently, its determination to combat terrorism is absolute and its
    response to date has been based on three cornerstones: strengthening legal
    action against terrorism, safeguarding fundamental values and addressing
    the causes of terrorism.

    Since the terrorist attacks of 11 September 2001, the Council of Europe has
    put together a significant legal framework and its task today is to put it into
    action, to make sure the various guidelines, declarations and provisions of
    the conventions related to the fight against terrorism are applied in practice.
    In this connection, the protection of witnesses and collaborators of justice,
    and other persons participating in proceedings involving persons accused of
    terrorist crimes, is currently at the forefront of its legal action against
    terrorism.

    This is due to the growing recognition of the special role of witnesses in


    criminal proceedings. Their evidence is often crucial to securing the
    conviction of offenders, especially in respect of serious crime. However, in
    some areas of criminality, such as organised crime and terrorism, there is an
    increasing risk that witnesses will be subjected to intimidation. This is
    particularly true for those who are closely connected to terrorist groups and
    who are often even more vulnerable than others to the use of intimidation
    against them or against people close to them.

    It is against this backcloth that the Council of Europe undertook to study the
    means of strengthening the protection of witnesses and collaborators of
    justice in relation to acts of terrorism, including those at international level,
    with a view to preparing an appropriate legal instrument, bearing in mind the
    links with related criminal activities. This work resulted in the adoption in
    2005 of Recommendation Rec(2005)9 of the Committee of Ministers to
    member states on the protection of witnesses and collaborators of justice.

    In this Recommendation, governments of the 46 Council of Europe member


    states are encouraged, when formulating their internal legislation and
    reviewing their criminal policy and practice, to be guided by the principles
    and measures it contains. Emphasis is placed on international co-operation,
    which is all-important, not only because a number of terrorist organisations
    have branches all over the world, but also because international co-
    operation can help increase the level of protection of those persons whose

    5
    protection would prove difficult on a merely national basis, given the
    conditions in the country where they are located.

    This publication contains a survey of national laws and practice in 27 Council


    of Europe member states and two observer states together with an analytical
    report which examines the protection of witnesses and collaborators of
    justice, its regulations and use, and international co-operation in this field. It
    constitutes a further Council of Europe contribution to the international
    community’s efforts to combat terrorism.

    Guy DE VEL
    Director General of Legal Affairs of the
    Council of Europe

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