Finland

a. General information

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

The Finnish legal system does not separate the concepts of "witness" and "pentito" in the sense that a person could be only either a witness or a pentito. As we have understood, the concept of pentito means a collaborator of justice in a situation where this person him/herself has also committed crimes, but still gives the relevant authorities information about a crime committed by either him/herself or someone else. When this kind of information is given as evidence in a criminal case, the pentito is also called or handled as a witness.

There are several legal provisions and established practices which are aimed at protecting witnesses (and pentiti). The main provisions and practices can be listed:

Legal provisions:

1) Intimidation of a witness or a person close to him/her is a separately criminalised act;

2) Restraining orders can be used to protect witnesses and pentiti;

3) Court hearings can be held in camera in order to protect witnesses and pentiti;

4) A witness or a pentito can be heard ex parte in the court hearing;

5) Court hearings can be held via video or telephone-conference;

6) Contact information on the witnesses (and parties) can be removed from the court and police files;

7) It is possible to change the witness's first and last (family) name. People can be relocated (if they so wish);

8) The police has the power to remove and arrest intimidating persons;

9) The police has the right to remain silent in order to protect informers. When being heard as a witness or otherwise, members of police personnel are not obliged to reveal the identity of any person who has provided them with confidential information during their ennployment or to reveal any confidential tactical or technical methods;

10) When being heard as a witness or otherwise, members of police personnel are not obliged to reveal the identity of a person who made a pseudo purchase or who was involved in undercover activities if disclosure of the information would endanger the success of the undercover activities concerned, or if it would significantly endanger the carrying out of similar duties in future by the person who made the

pseudo purchase or was involved in the undercover activities, or if there is another extremely weighty cause not to disclose such information;

11) For safety reasons, people may be subject to security checks before entering the courthouse;

12) When a prisoner or an arrested person is released from custody, any witness or pentito who may be in danger can be informed of the forthcoming release in advance.

Established practices:

1) Special penitentiary regimes can be used to separate those prisoners who co-operate with the authorities from other prisoners;

2) A police officer may be appointed to protect witnesses at any time.

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

In the framework of the Finnish legal system the measures which encourage witnesses and pentiti are not always distinguishable from the measures which protect witnesses and pentiti. It is generally understood that measures that protect also at the same time encourage witnesses and pentiti to co-operate with justice.

However, two separate legal provisions can be mentioned in this context:

1) The general rules of sentencing in the Penal Code define the mitigating and aggravating factors of which account must be taken in sentencing. A mitigating factor is the offender's co-operation with the authorities with regard to his/her own offence. This could, for example, mean a sincere attitude during questioning or turning him/herself in to the police. This ground for mitigation is limited to the offender's own offences;

2) Every relevant witness is entitled to a witness fee paid by the state. The fee covers reasonable expenses and loss of income.

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.

Yes. See the reply to question 2.

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

In Finnish legislation there are no such limitations as lists of crimes to which the protection measures can be applied. Therefore such measures can be applied in all cases where there is an existing need to protect a witness from intimidation.

Most of the measures can be applied to the relatives and other persons close to the witness/pentito.

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

All of the measures mentioned can be taken urgently.

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?

Police, prosecutors, judges and prison officials. Through co-operation, in particular, the awareness of the existing possibilities provided by laws among the law enforcement officials has been improved. To improve the practical situation further, a working group consisting of the relevant authorities (police, prosecutors, judges and attorneys-at-law) was set up and their results were published in February 2003 (Report of the Working Party for the Protection of the Witnesses).

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?

There are no such specific provisions. All the general measures could also be applied, where appropriate, 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? Please indicate the procedures in place, if any, to monitor compliance with human rights standards.

All the measures in use guarantee respect for human rights and fundamental freedoms, as described in the European Convention on Human Rights and, in addition, in the Finnish Constitution. The monitoring of compliance with these requirements takes place at several different stages. Firstly, at the law-drafting stage: before any new legislation is proposed, its compliance with human rights is carefully considered. The Government's Bills for new legislation also go through a hearing procedure, where different practitioners and academics have the possibility to express their views. In Parliament, where necessary, the Constitutional Law Committee reviews Bills in the light of human rights issues.

Most of the measures can be taken only if a court of law so orders. The practical implementation or use of a particular measure in a specific criminal case is at the court's discretion. It is the duty of a court to protect human rights and individual freedoms. Decisions made by the courts or other authorities can be appealed.

All the measures in use in Finland can be used by either of the parties in the criminal procedure. This means that the witnesses called by the defence may enjoy the use of these protective measures as well. These are not only the privileges of the prosecutor's witnesses.

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?

The measures mentioned above can be taken at different stages of the proceedings (before, during and after the court hearing) and also during the serving of the prison sentence.

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

If a witness or a pentito is also the accused or a victim of crime, he/she can obtain free legal assistance. Otherwise a witness or a pentito shall him/herself cover his/her lawyer's expenses. Legal assistance can be obtained at all stages of the procedure (pre-trial investigation and trial). After the trial, these expenses are not covered by the state.

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.

See the reply to question 1. A witness or pentito cannot be granted full anonymity. Video-conference, removal of the defendant from the courtroom when the witness is giving evidence, exclusion of the media or the public from the courtroom are measures which can be used.

Partial anonymity is not a clear legal concept. If partial anonymity means, for example, the possibility that the contact information of a witness or pentito can be removed from the court and police files, this can be done.

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?

Total anonymity cannot be granted to witnesses who are called to the court to testify. However, the police has the right to remain silent when questioned about the identity of a so-called informer (see the reply to question 1, point 9).

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

The testimonies of anonymous witnesses and pentiti are not admissible and therefore cannot be regarded as valid evidence in court. The basic rule is that the witness must be heard in person in court. A statement made in the report of the pre-trial investigation (i.e. in a record of the police interrogation) is not, as a rule, in itself admissible and the person who made that statement must be heard again directly by the court. However, there are special circumstances permitting the use of statements made during the pre-trial investigation. An example could be a situation where the facts stated by the person in the trial differ from those given in the pre-trial investigation. The use of the pre-trial investigation report is permitted at least as comparative material for such purposes as to evaluate the weight of the new statement as evidence. The use of pre-trial statements also requires that the other party's right to cross-examine is ensured.

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

If a pentito is called as a witness to the court, his/her statements can be used as evidence in the case. His/her credibility is assessed in the normal manner. There are no special provisions on the evaluation of the witness's testimony. Free evaluation of the given evidence is applied.

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?

The defence always has the right to cross-examine the witness. The witnesses called by the defence may also benefit, where necessary, from protection measures.

с 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?

The systematic use of the measures mentioned in the replies to questions 1 and 2 can be called a protection programme. These different forms of protection are available, some before, some during and some after the trial stage of the proceedings.

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

See the reply to question 10.

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.

In the context of the Finnish legal system, all the measures taken to protect a witness or pentito are considered according to the actual need. In Finnish legislation there is no such concept as a protection programme. As understood in Finland, the systematic use of two or more protection measures is a protection programme. Therefore there is no need to consider the procedure for admittance to a protection programme or to formalise it. The relevant question is which measures should be taken in a single case.

The initiative for measures can come from the witness him/herself, the police, prosecutor or judge. In practice, the initiative usually comes from the witness or from the police.

For the assessment of the relevance of a testimony, see the reply to question 13.

1 9. 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).

See the reply to question 1.

20. What can the duration of a protection programme be? Which are the procedures for assessing the degree of danger for the wtnesses/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?

See the reply to question 18.

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?

Finland has signed, ratified or acceded to many international conventions and other instruments which include provisions aiming at the protection of witnesses. These instruments have been concluded in the context of the United Nations, the European Union and the Council of Europe and cover, for example, general obligations to protect witnesses with appropriate means and the use of video-conferencing in the hearing of witnesses.

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.

See the reply to question 21.

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

The areas where international co-operation is needed are:

- exchanges of information between relevant authorities;

- relocation of witnesses and pentiti to another country (including preconditions for relocation, who will bear the costs of relocation, reciprocity etc.);

- hearing of witnesses and pentiti in a country other than the place of the trial or investigation; questions relating to the taking of evidence via international mutual legal assistance, video-conferencing.

e. Statistics

24. How many people currently benefit from witness or pentito 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/pent/fo) 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.

No such statistics are currently available.

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.

In our view, in the implementation of the terms of reference the main focus should be how the protection of witnesses and pentiti could be improved by international co-operation in this field. It is not useful or even appropriate to try to create common methods to be used at national level in cases which do not involve cross-border aspects. Each Member State of the Council of Europe can, on the basis of its own legal traditions and practical needs, decide which kind of measure is needed in each situation. However, in the international context added value can be achieved in situations where the help of other Member States is needed. Therefore, the future work of the PC-PW should be concentrated on these international aspects of the protection of the witnesses and pentiti.

Having this approach in mind, the areas where international co-operation is needed are:

- exchanges of information between relevant authorities;

- relocation of witnesses and pentiti to another country (including preconditions for relocation, who will bear the costs of relocation, reciprocity, etc.);

- hearing of witnesses and pentiti in a country other than the place of the trial or investigation; questions relating to the taking of evidence via international mutual legal assistance, video-conferencing.

France

a. General information

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

Witnesses

The Code of Criminal Procedure contains two types of provisions on the protection of witnesses:

- it is possible for the public prosecutor or investigating judge to authorise witnesses to give as their address that of the police station or gendarmerie (Article 706-57);

- if their examination may severely jeopardise their life or physical integrity, or that of members of their family, it is possible for the juge des libertes et de la detention ( judgefor civil liberties and detention), on referral by the public prosecutor or investigating judge, to authorise them to be heard without their identity being shown in the case file (Articles 706-58 to 706-63). Use of this procedure may be challenged by the defence, which may ask to be confronted with the witness concerned. No conviction may be based solely on such anonymous evidence.

Pentiti

Act No. 2004-204 of 9 March 2004 adapting the justice system to developments in the sphere of crime tightened up the specific legal framework applicable under French law to pentiti ("repentis").

The aim is to encourage individuals who have taken part in the preparation of an offence, have committed an offence or possess information enabling the commission of another offence to be prevented, to communicate this information to the administrative or judicial authorities. To this end, the law makes it possible for them to be spared punishment or have a lesser penalty imposed if they collaborate with the judicial system before being convicted, or to have the sentence imposed on them reduced if they collaborate either before or after their conviction.

Alongside the provisions of criminal law, machinery exists to protect persons who have collaborated with the administrative or judicial authorities.

1. Exemption from punishment or reduction of penalty

These are intended to be applied only to certain serious offences specified by the law (such as terrorist offences, drugs trafficking, kidnapping, aircraft hijacking, trafficking of human beings, blackmail by an organised group, etc.)- In certain cases, only a reduction in penalty may be granted, and the person prosecuted cannot be completely spared punishment (e.g. certain offences relating to the possession or making of explosive devices).

In the cases for which the law provides, exemption from punishment may apply to anyone whose statements have made it possible to prevent the commission of an offence, in the preparation of which he/she had participated and to identify any other offenders or accomplices.

A penalty reduction may be granted to a person who has disclosed to the administrative or judicial authority, after an offence has been committed, information making it possible either to bring that offence to an end or for ensuing damage to be prevented, or to identify the other offenders or accomplices. Other potential beneficiaries are persons who make it possible to prevent the commission of a connected offence of the same kind as the crime or offence with which they have been charged, to bring such an offence to an end, to prevent any damage ensuing or to identify the offenders or their accomplices.

2. Penalty reduction subsequent to conviction

Such exceptional penalty reductions may be granted to convicted persons in the following circumstances:

- the pentiti made their statements prior to conviction, but

- either the circumstances in which they gave their information did not meet the criteria for them to benefit from the aforementioned exemption from punishment or penalty reduction;

- or the investigations needed to verify the truth of their statements were unable to be carried out before their trial.

-

- the pentiti made their statements after conviction, either remorseful about offences of which they were aware prior to their imprisonment or providing information of which they had become aware subsequent to their imprisonment.

In order for a pentito to benefit from an exceptional penalty reduction, his/her statements must have made it possible to bring to an end, or to prevent the commission of, one of the offences mentioned in Articles 706-73 and 706-74 of the Code of Criminal Procedure (offences connected with organised crime).

The penalty reduction granted by the judge responsible for the execution of sentences may be up to one-third of the sentence passed. Anyone sentenced to life imprisonment may, as a result of statements made, have a reduction of a maximum of five years of the term at the end of which they may be allowed to benefit from conditional release.

3. Protection of pentiti

The principle of protective measures for pentiti was laid down in Act No. 2004-204 of 9 March 2004 adapting the justice system to developments of delinquency. These provisions are to be supplemented by a decree - not yet issued - which will lay down the relevant practical arrangements.

This protection is enjoyed only by persons exempted from punishment or benefiting from a penalty reduction as described in paragraph 1 above. Two types of protection are provided for:

- borrowed identity: pentiti may be authorised, by a reasoned order issued by the president of the Tribunal de grande instance (Regional Court), to use a borrowed identity. Such authorisation may also be given to members of the pentito's family and to close relatives;

- protection and reintegration measures: these measures, which may also benefit members of the pentito's family and close relatives, are laid down by a national commission, the membership and operation of which is to be laid down by decree.

The public prosecutor may ex officio make submissions with a view to a pentito being granted the benefit of protection and reintegration measures. Various measures may be requested by the person concerned or his/her lawyer, who may, depending on the circumstances, request the responsible judicial authority to authorise the use of borrowed identity or to ask the public prosecutor for a reference to the commission.

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

See the reply to question 1.

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.

There are no other provisions in French criminal procedure enabling encouragement to be given to such co-operation.

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

Witnesses

Use of police station address: all offences.

Anonymous evidence: all crimes and offences punishable by at least three years' imprisonment.

Pentiti

See the reply to question 1.

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

In an emergency, the judicial authorities may require the police as administrative authorities, to provide such protection, i.e. for public order and safety purposes.

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, prosecutors ' offices, judicial authorities, etc)? How does co-operation between the relevant institutions work in practice?

Witnesses

Use of police station address: this requires the consent of the public prosecutor at the inquiry stage, or the investigating judge where reference has been made to him/her. In practice, the investigator phones the responsible judge and obtains oral authorisation, published by the investigator in a record. The witness's actual address is recorded in an ad hoc register which is numbered, initialed and kept at the police station.

Anonymous evidence: authorisation is granted by areasoned decision of the juge des libertes et de la detention to whom the public prosecutor or investigating judge has made a reasoned application. The juge des libertes et de la detention him/herself may decide to hear the witness. His/her decision, in which the person's identity is not revealed, is attached to the record of the witness hearing, which is not signed by the person concerned. The person's identity and address are shown in another record signed by the person concerned, which is kept in a file separate from the case file, in which the application from the public prosecutor or investigating judge is also kept. The person's identity and address are recorded in a numbered and initialed register created for this purpose at the Tribunal de grande instance. In practice, the investigator requests authorisation from the public prosecutor or investigating judge, who, if he/she considers such protection desirable, refers the matter to the juge des libertes et de la detention.

Pentiti

See the reply to question 1.

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?

There is no specific protection of witnesses and pentiti in connection with acts of terrorism. The rules explained above apply (see the reply to question 1).

Several police departments specialised in anti-terrorism: the DNAT (national directorate for the combating of terrorism), SAT (anti-terrorism section of the Paris police force), DST (territory surveillance directorate) and RG (general intelligence service). A specialised department of the gendarmerie, the anti-terrorist office, has also been set up within the national directorate-general of the gendarmerie. These departments have no specific role in the protection of pentiti and witnesses over and above those laid down in the procedural provisions applicable by all members of the police and gendarmerie.

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? Please indicate the procedures in place, if any, to monitor compliance with human rights standards.

Witness protection

provisions allowing anonymous evidence are not applicable if, in the

light of the circumstances in which the offence was committed or of the witness's personality, knowledge of the person's identity is vital to the exercise of the rights of the defence. Furthermore, the person under investigation may, within 10 days of the date on which he/she is told of the content of a hearing conducted anonymously, challenge the use of this procedure by applying to the president of the investigating section. The president rules in the light of the case file, in a reasoned decision not open to challenge. If he/she considers the challenge justified, he/she orders the hearing to be declared void. He/she also has the power to order the identity of the witness to be revealed, provided that the person concerned expressly accepts the loss of his/her anonymity.

The person under investigation or committed for trial may request to be confronted with the witness through a device enabling the witness to be heard remotely, with his/her voice being rendered unidentifiable.

Nobody may be convicted solely on the basis of statements collected anonymously.

The protection of pentiti

Nobody may be convicted solely on the basis of statements made by pentiti.

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?

Witnesses

Use of police station address: at the inquiry and investigation stage.

Anonymous evidence: at the inquiry and investigation stage. A witness who has given anonymous evidence at these stages may be confronted with the accused in the trial court during the hearing. Arrangements must be made for the witness to be heard remotely, with his/her voice being rendered unidentifiable.

Pentiti

The relevant implementing regulations for the Act of 9 March 2004 not yet having been issued, it is difficult to reply on this point. Protective measures are potentially intended to apply during the inquiry, investigation and trial stages and/or subsequent to conviction.

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

No specific legal assistance arrangements are made for witnesses, as no provision is made in France for witnesses to be assisted by a lawyer. However, there is nothing to prevent witnesses from obtaining any legal advice they consider useful before deciding to give evidence anonymously.

Unlike witnesses, pentiti are involved in the case and may benefit from the assistance of a lawyer.

11. Are there alternative methods of giving evidence which allow witnesses and pentiti to be given protection 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 what conditions these methods are used.

Witnesses

The president of the Assize Court may, before, during or following the hearing of a witness, have one or more of the accused taken out of court and examine them separately about certain facts, but the trial may be resumed only after the president has told all of the accused what happened during their absence and what the result was.

Where justified by the requirements of the inquiry or investigation, the hearing or examination of a person and the confrontation of several persons may be conducted at different places on French territory via telecommunications links secure enough to guarantee confidentiality. A record of the operations carried out there is then drawn up at each of these places.

A witness heard anonymously during the inquiry and investigation stage must, if confronted with the accused during the investigation or the trial hearing, be heard remotely, and his/her voice must be rendered unidentifiable by appropriate technical means.

Pentiti

There is no specific legal arrangement for pentiti, who may nevertheless benefit from the provisions enabling persons to be heard, examined and confronted with one another via telecommunications links secure enough to 3uarantee confidentiality.

12. On what grounds and on the basis of what criteria can anonymity be granted? Is it possible to obtain legal assistance at this stage?

See the reply to question 1. There is no legal aid system, as no provision is made in France for witnesses to be assisted by a lawyer.

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

In French law evidence is free in criminal cases, and both the statements made by witnesses prior to the trial and anonymous evidence are admissible, subject to both parties having the opportunity to discuss them in the trial court.

The law nevertheless states that nobody may be convicted solely on the basis of anonymous statements.

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

Information provided by pentiti is considered to have the same value as conventional evidence. There is no credibility assessment criterion. The significance of the evidence is in practice evaluated at the trial stage. However, nobody may be convicted solely on the basis of statements by pentiti.

15. What 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 respect of the "equality of arms" principle?

The evidential value of statements by pentiti and by witnesses, like any evidence, may be discussed between both parties during the trial.

During the investigation, a specific remedy against anonymous evidence is open to anyone under investigation, who may, within 10 days of being informed of the content of a hearing conducted anonymously, make an application to the president of the investigating section contesting the use of the procedure for which this Article provides. The president, on the basis of the case file, issues a reasoned decision not open to challenge. If the application is considered justified, the president orders the hearing to be declared void. He/she also has the power to order the identity of the witness to be revealed, provided that the witness concerned expressly accepts the loss of his/her anonymity.

The accused person may also ask to be confronted with the witness via a remote communication device, with his/her voice having to be rendered Unidentifiable, or may have this witness examined via the same channel by his/her lawyer.

c. Non-procedural measures

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

See the reply to question 1.

The police may also provide protection to a witness, or even to a pentito. The criterion used is either the context of the case or the threats made against the person concerned.

17. Is it possible for witnesses and pentiti to obtain legal assistance at this (these) stage(s)?

See the replies to questions 10 and 12.

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.

See the replies to the preceding questions.

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 a special unit).

See the replies to the preceding questions.

20. At what stages of the proceedings (preliminary investigations, during the trial, after the trial) can the protection programme come into operation? What can the duration of a protection programme be? What are the procedures for assessing the degree of danger for the witnesses/pent/f/ 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?

See the replies to the preceding questions

d. International co-operation у

21. What 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?

The provisions of the code of criminal procedure relating to hearings, examinations and "remote" confrontations via telecommunications links secure enough to guarantee confidentiality are applicable in the context of mutual legal assistance in criminal matters.

It is therefore possible to use these provisions for the simultaneous execution on national and foreign territory of requests for mutual assistance made by foreign judicial authorities or of mutual assistance activities carried out at the request of the French judicial authorities.

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.

France is a Party to the United Nations Convention against Transnational Organized Crime, Article 24 of which contains provisions relating to witness protection. It has just transmitted its instruments of ratification of the United Nations Convention against Corruption, which contains some similar provisions (Articles 32 and 33).

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

No specific comments about this as things stand.

e. Statistics

24. How many people currently benefit from witness or pentito protection measures/programmes, and for how long? How many of them are foreign nationals? If the measures/programmes can be extended to relatives and persons close to them, 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.

No statistics are available as things stand.

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.

No specific comments about this as things stand.

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