LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER I - GENERAL PROVISIONS

Article 1 - Purpose

This Law regulates the measures to provide for the protection of witnesses under threat and vulnerable witnesses in criminal proceedings conducted by the Court of Bosnia and Herzegovina (hereinafter: the Court) or the Prosecutor’s Office of Bosnia and Herzegovina (hereinafter: the Prosecutor) in criminal offences over which the Court has jurisdiction.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER I - GENERAL PROVISIONS

Article 4 - application of witness protection measures

The Court may order such witness protection measures provided for by this Law as it considers necessary, including the application of more than one measure at the same time. When deciding which of the witness protection measures is to be applied the Court shall not order the application of a more severe measure if the same effect can be achieved by application of a less severe measure.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 6 - Access to psychological and social assistance and professional help

During the investigation, the Prosecutor, and after the indictment has been issued, the Court, shall provided the witness agrees, and without disclosing any of the witness’s personal details, ensure that the body responsible for issues of social care is aware of the involvement of the vulnerable witness in the proceedings and shall enable the assistance of this body as well as psychological support to the witness, including the presence of appropriate professionals at examination or hearings.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 11 - Exception from the imminent presentation of evidence

When determining whether the records on testimony given during the investigative phase may be read or used as evidence at the main trial, the Court shall also take into account the need to provide for the protection of a witness under threat who would expose himself or his family to great personal danger and the protection of a vulnerable witness who would expose himself to significant emotional distress by appearing at the main trial.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

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.