Confidentiality re documents and information

Bosnia and Herzegovina

Bosnia and Herzegovina - Law on Protection of Witnesses under Threat and Vulnerable Witnesses 2003 (2005) EN

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER III - OTHER PROVISIONS

Article 24 - Confidentiality

(1) Information that a person who performs official duties in connection with witness protection measures acquires in the course of those duties relating to witness protection measures, constitutes an official secret.

(2) The Court or the Prosecutor shall warn persons who are present at hearings, or who are otherwise given possession of such secret information in the exercise of their official or professional duties, that the unauthorised disclosure of such information is a criminal offence.

(3) A person who performs official duties in connection with witness protection measures and who acquires information referred to in paragraph 1 of this Article cannot be required in any proceeding in any court, tribunal, or commission of inquiry, however described, to produce any document or divulge or communicate any matter relating to that information.

Rome Statute

Article 93 Other forms of cooperation

8.

(a) The Court shall ensure the confidentiality of documents and information, except as required for the investigation and proceedings described in the request.

(b) The requested State may, when necessary, transmit documents or information to the Prosecutor on a confidential basis. The Prosecutor may then use them solely for the purpose of generating new evidence.

(c) The requested State may, on its own motion or at the request of the Prosecutor, subsequently consent to the disclosure of such documents or information. They may then be used as evidence pursuant to the provisions of Parts 5 and 6 and in accordance with the Rules of Procedure and Evidence.