Questions

a. General information

1. Please describe the framework (legal provisions and established practice) governing the use of measures protecting witnesses and pentiti.

2. Please describe the framework (legal provisions and established practice) governing the use of measures encouraging witnesses and pentiti to co-operate with justice.

3. Can measures/benefits encouraging the co-operation of witnesses and pentiti be used in combination with protection measures (arrangements concerning trial proceedings, sentencing conditions special penitentiary regimes, etc.)? If so, please specify and indicate under which conditions they are applied.

4. For which kind of crime and under which circumstances can witness and pentiti protection be applied? Can the measures be extended to _rf the relatives or other persons close to the witness/ pentiti?

5. What urgent measures (e.g. immediate relocation to a secret place) can be taken in order to protect witnesses and pentiti?

6.Which institutions are involved in the protection of witnesses and pentiti and what is their role (e.g. law enforcement agencies, special independent agencies, prosecutor's offices, judicial authorities, etc.)? How does co-operation between the relevant institutions work in practice?

7. Are there any specific provisions governing the protection of witnesses and pentiti in relation to acts of terrorism? If so, please specify. Are there any specialised counter-terrorism institutions? If so, what is their role in the protection of witnesses and pentiti in relation to acts of terrorism?

8. How does the framework governing the use of measures protecting witnesses and pentiti and encouraging them to co-operate with justice guarantee respect for human rights and individual freedoms?³ Please indicate the procedures in place, if any, to monitor compliance with human rights standards.

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`Member states should adopt appropriate measures to ensure, both within and outside the country of trial, the protection of witnesses prior to, during or after criminal proceedings.` See document PC-PW (2003) 4,

³ For example, the principle of equality of arms. The principle of proportionality, the rights of defence. The rights of witnesses and victims, etc.

b. Procedural measures

9. At which stage(s), and in which context, is it possible for witnesses and pentiti to benefit from procedural measures of protection?

10. Is there the possibility for witnesses and pentiti to obtain legal assistance at this(these) stage(s)?

11. Are there alternative methods of giving evidence which allow the protection of witnesses and pentiti from intimidation resulting from face to face confrontation with the accused? If yes, please specify (e.g. full or partial anonymity, video-conference, disguise, exclusion of the defendant from the courtroom when the witness is giving evidence, exclusion of the media or the public from the trial, etc.) and indicate under which conditions these methods are used.

12. On which grounds and on the basis of which criteria can anonymity be granted? Is there the possibility to obtain legal assistance at this stage?

13. Are pre-trial statements of witnesses and pentiti and testimonies of anonymous witnesses and pentiti regarded as valid evidence? If yes, under which conditions?

14. Is it possible, and if so, under which conditions, to use information provided by "pentitr? How is their credibility assessed?

15. Which are the opportunities for the defence to exercise its rights, including the right of the accused to challenge the witness'/ pentito 's credibility in criminal proceedings (including at the pre-trial stage) and the respect of the "equality of arms" principle?

Non-procedural measures

16. At which stage(s), and in which context, is it possible for witnesses and pentiti to benefit from a protection programme?

17. Is there the possibility for witnesses and pentiti to obtain legal assistance at this(these) stage(s)?

18. What is the procedure for admittance to a protection programme? Please specify, in particular, who takes the initiative, the criteria for admittance, the assessment of the relevance of a testimony and how admittance to the programme is formalised.

19. Please indicate the measures that can be adopted for the protection of witnesses and pentiti (e.g. surveillance of the residence, physical protection, protection of personal records, relocation, change of identity, subsidies, assistance in job search, relocation of a detainee to another prison or to special units).

20. What can the duration of a protection programme be? Which are the procedures for assessing the degree of danger for the witnesses/ pentiti and their compliance with the obligations of the programme? Is it possible to challenge a decision of suspension, revocation or termination of a protection programme?

d. International co-operation

21.Which measures (e.g. use of modern telecommunications means, assistance in relocating protected witnesses, exchange of information between witness protection authorities) have been adopted in the context of mutual legal assistance in order to facilitate international co-operation? How are the financial implications of international co-operation activities dealt with?

22. Has your country entered international (bilateral or multilateral) agreements on the protection of witnesses and pentiti? If so, please indicate what kind of provisions they include.

23. How can international co-operation in the field of the protection of witnesses and pentiti be improved?

e. Statistics

24. How many people currently benefit from witness or pentiti protection measures/programmes, and for how long? How many of them are foreign people? If the measures/programmes can be extended to relatives and other close persons, please indicate (and, if possible, specify the relationship with the witness/ pentito) how many people are included in this category. Please also provide figures on the different kinds of measures (procedural and non-procedural) adopted, and on the number of cases involving international co operation.

f. Proposals and comments

25. Please provide any comments/proposals concerning the implementation of the terms of reference of the PC-PW and, in particular, instruments to be adopted to strengthen the protection of witnesses and pentiti.

Дата добавления: 2015-10-16