National judicial procedures protecting witnesses from identification – witness protection

Russian Federation

Criminal Procedural Code of the Russian Federation

Part One. General Provisions

Section I. Basic Provisions

Chapter 2. Principles of the Criminal Court Proceedings

Article 11. Protection of the Rights and Freedoms of Man and Citizen in Criminal Court Proceedings

3. If there is sufficient data, testifying to the fact that the victim, the witness or other participants in the criminal court proceedings, as well as their close relatives, relations or their near persons are threatened with murder, violence, destruction or damage of their property, or with other dangerous illegal acts, the court, the prosecutor, the investigator, the body of inquiry and the inquirer shall take within the scope of their competence with respect to the said persons measures of security, stipulated by the ninth part of Article 166, by the second part of Article 186, by the eighth part of Article 193, by Item 4 of the second part of Article 241 and by the fifth part of Article 278 of the present Code .

Part Two. Pre-Trial Proceedings

Section VIII. Preliminary Inquisition

Chapter 22. Preliminary Investigation

Article 166. Protocol of an Investigative Action

9. If it is necessary to provide for the safety of the victim, of his representative and witness, of their close relatives, relations and their near and dear persons, the investigator shall have the right not to supply the data on these persons in the protocol of the investigative action, in which the victim and his representative or witness have taken part. In this case, the investigator with the consent of the public prosecutor shall pass the resolution, in which the reasons for the adoption of the decision on keeping a secret about these data, the pseudonym of the participant in the investigative action and a sample of his signature which he will be using in the protocols of the investigative actions performed with his participation. The resolution shall be put into an envelope, which shall be sealed and enclosed to the criminal case file.

Part Two. Pre-Trial Proceedings

Section VIII. Preliminary Inquisition

Chapter 26. Interrogation. Identification Line-Up. Identification. Verification of the Evidence

Article 193. Presenting for an Identification

8. For the purpose of ensuring the security of the identifying person, the presentation of the person for an identification may be carried out, at the investigator's decision, under the conditions, precluding the visual observation of the identifying person by the identified one. In this case, the attesting witnesses shall also be placed at the side of the identifying person.

Part Three. Court Proceedings

Section IX. Proceedings in a Court of the First Instance

Chapter 35. General Conditions for the Judicial Proceedings

Article 241. Openness

2. Conducting the judicial proceedings in camera shall be admissible on the ground of a court ruling or resolution, if:
4) this is called forth by the interests of guaranteeing security for the participants in the judicial proceedings, for their close relatives, relations or near persons.

Part Three. Court Proceedings

Section IX. Proceedings in a Court of the First Instance

Chapter 37. Judicial Investigation

Article 278. Interrogation of Witnesses

5. If it is necessary to provide for the security of the witness, of his close relatives, relations and near persons, the court shall have the right to conduct his interrogation without making public the genuine data of the witness's person under the conditions, precluding a visual observation of the witness by the other participants in the judicial proceedings, on which the court shall pass a ruling or a resolution.

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;