Foreword

Acts of terrorism

The aim of this questionnaire is to gather information about the situation in member and observer States concerning the protection of witnesses and intiti, its regulation and use.

The information gathered through this questionnaire is intended to serve thepurpose of implementing the terms of reference of the PC-PW which are "to study the means for strengthening the protection of witnesses and pentiti in relation to acts of terrorism, including those at international level, and to make proposals as to the feasibility of preparing an appropriate instrument, \t bearing in mind the links with other related criminal activities".¹

For the purposes of this activity, witnesses are tentatively defined as persons, irrespective of their status under national criminal procedural law, who possess information relevant to criminal proceedings. "Pentitr are taken to mean "collaborators of justice", and are tentatively defined as persons who face criminal charges, or were convicted, of having taken part in an association of criminals or other criminal organisation of any kind, or in organised crime offences, but agree to co-operate with criminal justice authorities, particularly by giving information about the criminal association or organisation or any criminal offence connected with organised crime.²

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¹See document PC-PW (2003) 1.

²As defined in Recommendation No. R(97)13 of the Committee of Ministers concerning intimidation of witnesses and the rights of the defence. In the Explanatory Memorandum to this Recommendation, it is explained that the term "Collaborators of justice" is used in the Recommendation in a narrow sense: these persons have knowledge of the structures and activities of criminal organisations, their links with other local or foreign criminal groups, and they are accused or convicted of having taken part in criminal offences (cf. European Union Resolution 95/C 327/04). The testimony of such persons is crucial in most organised crime cases for obtaining evidence concerning the offences committed by the organisation. The collaborating person may become eligible for certain protection measures in view of the collaboration. These measures may take different forms, such as a special penitentiary regime, admission to a witness protection programme, material compensation, and so on. Recommendation Rec (2001) 11 of the Committee of Ministers concerning guiding principles on the fight against organised crime indicates that "member States should provide effective, physical other, protection for witnesses and collaborators of justice who require such protection because they have given or agreed to provide information and/or give testimony or other evidence in relation to organised crime. Similarly, such Section measures should be available for those who participate in or have treed to participate in the investigation or the prosecution of organised crime as well as for the relatives and associates of the individuals who require protection."

Дата добавления: 2015-10-16