Witness protection - national proceedings

Islamic Republic of Afghanistan

Afghanistan - Criminal Procedure Code 2014 EN

Chapter 7 Witness Protection

Witnesses That Will Receive Protective Measures
Article 54:

The prosecutor’s office and the court shall protect the following witnesses:

1– A witness or a relative of a witness whose security is at risk due to threat, menace or any other similar action.

2– A witness that has suffered serious physical or psychological trauma as a result of the crime.

3– A witness who suffers from serious psychological conditions. 4– A child witness.

5- The security forces are required to protect the witnesses mentioned in the above paragraphs based on permission of prosecution office and court until the removal of danger.

Chapter 7 Witness Protection

Application for Protective Measures for Witnesses
Article 55:

The witnesses set forth in article 54 of this law may request protective measures to be taken during the investigation and trial process from the prosecutor’s office and the court respectively.

The application shall be submitted to the prosecution office and court in a sealed envelope. Both the prosecutor’s office and court shall review the application and make a decision in their relevant areas. Disclosure of this information to others is forbidden.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(j) The protection of victims and witnesses and the preservation of evidence;