Witness protection - national proceedings


Albania - Law No. 9205 on the Justice Collaborators and Witness Protection (2004) EN


Special Measures of Witness Protection and Justice Collaborators

Article 10

Special measures of protection

1. The special protection measures for the witnesses, justice collaborators and their relatives or closely related persons are as follows:

a) change of identity;

b) change of residence;

c) temporary protection of the identity, information and documents of the protected person;

d) declarations of the witness under another identity and their administration with special means for
voice deformation, non-appearance and other forms defined by law;

e) special physical and technical measures of protection, in the place where the protected person resides,
as well during transportation, including also situations where such protection is needed for the
fulfillment of the obligations towards the justice authorities;

f) protection and special treatment in cases when the justice collaborator has been placed in prison as a
pre-trial security measure or sentenced by imprisonment;

g) social rehabilitation;

h) maintenance, change of the work place and temporary employment;

i) financial aid for the period of time between two employments;

j) professional re-qualification;

k) giving of the advice and specialized legal assistance;

l) other ways as defined by law.

2. The special protection measures are not to be implemented to such an extent and certain way, which would consequently lead to the improvement of the economical condition of the protected person as a result of their implementation.

3. The special protection measures, as a rule, are set for an indefinite time limit and can be applied to all phases of the criminal proceeding, as well as after its termination.

4. The duration of the special protection measures depends on the level of danger, suitability of the protected person in relation to the special protection measure, as well as from his/her correctness in the fulfillment of the legal obligations and conditions provided in the agreement of protection.

5. The rules and detailed criteria for the content, meaning, suitability, manner and procedures of the issuance and upgrading of the implementation of the special protection measures are to be defined by joint guidelines of the General Prosecutor, Minister of Public Order and Minister of Justice .

Albania - Law on the Organization and Functioning of the Courts for Serious Crimes (2003) EN

Article 7- Special procedural rules

2.Except for cases provided in article 340 of the Code for Criminal Procedure, trials of cases by courts for serious crimes and by courts of appeal for serious crimes also take place behind closed doors when this is seen as necessary for the case at trial or for other proceedings, in the interest of national security, public order, justice and the protection of participants in the trial.

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;