National judicial procedures protecting witnesses from identification – witness protection


Afghanistan - Criminal Procedure Code 2014 EN

Chapter 7 Witness Protection

Protective Measures for Witnesses

Article 53:

(1) The prosecutor’s office or court according to circumstances can issue a ruling to take one or more of the following actions to ensure the protection of the witness.

1– Concealing the name, residential address, work place, occupation, official deed, registration book or file or any other information, which could lead to the identity of the witness.

2– Forbidding the accused person’s defense attorney to disclose the identity of the witness or any information that could lead to the identity of the witness.

3– Avoiding the disclosure of any record or document which could lead to the identity of the witness, unless directed otherwise by a competent judge.

(2) In conditions set forth in paragraph (1) of this article, the witness is given an alias.

(3) Apparent and physical characteristics of the witness are concealed as follows:

1– Testifying behind a nontransparent curtain.

2– Testifying through a technical voice and visual changer device.

3– Live broadcasting of the questioning from another location which will be connected to the court room via closed circuit television.

4– Hearing the statements and testimony of the witness, and questioning of the witness using a pre-recorded video tape ahead of the trial, provided that the accused person’s defense lawyer is present while the testimony of the witness is being recorded in a video tape.

5– Removing the accused person from the court room for a temporary period of time if the witness refuses to testify in presence of the accused person or if the witness will not testify truthfully in the presence of the accused person. In such cases the defense attorney can remain in the court room and ask the witness questions. The witness testimony will be narrated to the accused person after he/she returns to the court room.

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;