CHAPTER II
WITNESS PROTECTION MEASURES

Article 12
Limitation of the right of an accused and his defense attorney to inspect files and documentation

(1) In exceptional circumstances, if revealing some or all of the personal details of a witness or other details would contribute to identifying a witness, and would seriously endanger the witness under threat, the preliminary proceedings judge may, upon the motion of the Prosecutor, decide that some or all of the personal details of a witness, may continue to be kept confidential after the indictment is issued.

(2) The prosecutor shall immediately notify the accused and his defense attorney of the submission of the motion referred to in paragraph 1 of this Article.

(3) If possible, the preliminary proceedings judge shall hear the accused and his defense attorney prior to issuing the decision referred to in paragraph 1 of this Article. The decision of the preliminary proceedings judge must be issued within 72 hours following the day the motion is received.

(4) No appeal shall be permissible against the decision referred to in paragraph 1 of this Article.

(5) If the preliminary proceedings judge was unable to hear the accused and his defense attorney prior to the decision referred to in paragraph 1 of this Article, the Court shall hear them immediately upon receiving the indictment.

(6) The Court may revoke the decision referred to in paragraph 1 of this Article, either ex officio or upon the motion of the accused or his defense attorney.

(7) Upon the motion of the Prosecutor, the Court shall revoke the decision referred to in paragraph 1 of this Article.

(8) The Court shall at all stages in the proceedings be mindful of the need to release, as soon as possible, the information to which the decision referred to in paragraph 1 of this Article pertains. Sufficient details shall be released for the defense to prepare for examination of a witness. The information must be released at the latest when the witness testifies at the main trial.


Article 13
Additional measures to provide for the non-disclosure of the identity of the witness

(1) In exceptional circumstances, where there is a justified fear that if some or all of the personal details of the witness are released it would seriously endanger the personal security of a witness or his family, and the danger would persist after the testimony is given, the Court may, either ex officio or upon the motion of the parties or the defense attorney, decide that the personal details of the witness shall remain confidential for such period as may be determined to be necessary, but in any event not exceeding thirty years, following upon the day the decision became final.

(2) The Court may, after hearing the parties and the defense attorney, decide that the identity of the witness is not disclosed by allowing the witness to testify behind a screen or utilizing electronic distortion of the voice of the witness or the image of the witness, or both the image and the voice, by using technical means for transferring image and sound.

(3) The Court may, at any time, revoke the decision from paragraph 1 of this Article, either ex officio or upon the motion of the parties or the defense attorney.

CHAPTER II
WITNESS PROTECTION MEASURES

Article 19
Hearing

(1) A witness protection hearing is conducted by the Court in accordance with the provisions of the Criminal Procedure Code of Bosnia and Herzegovina on the hearing of witnesses, unless otherwise stipulated by this Law.

(2) The witness shall be informed that

a) he will be heard as a protected witness;
b) his identity shall not be revealed to any person other than the members of the Court and the minute taker of the Court;
c) if designated as a protected witness he shall not appear in person before the Court at any hearing other than the witness protection hearing; and
d) he can not be compelled to answer questions that would indicate his identity or the identity of the members of his family.

(3) The Court shall hear a witness in detail on the circumstances suggested by the party making the motion and on all other circumstances the Panel considers necessary.


Article 20
Record

(1) The record of the witness protection hearing shall not contain information relating to the identity of the protected witness.

(2) The record shall employ a pseudonym for the witness, as determined by the Court, which shall be used during the criminal proceedings and in the decisions of the Court.

(3) The members of the Court and the minute taker of the Court shall sign the record of the witness protection hearing.

(4) The Court shall ensure the confidentiality of the record by:

a) keeping the record separate from all other documentation of the criminal case in a secure place;
b) returning the record to the secure place after its use at the appropriate hearing in the criminal procedure and when the decision has become final; and
c) providing for long-term archiving of the record in a manner that limits access to the document only to the President of the Criminal Division for such period as may be determined to be necessary, but in any event not exceeding thirty years, following upon the day the decision became final.