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

The testimony of protected persons as well as those of persons whose identity data is replaced with a new identity are considered as evidence.

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

The testimony of a suspect (defendant, etc.) is considered as evidence, because, as it is stated in the CPC, the evidence in a criminal case is any fact, on the basis of which, as stated by the law (under Criminal Law), the existence or non-existence of a criminal offence, the guilt of persons who have committed an offence or any other conditions, which are significant for the correct adjudication of the case, can be proved.

The person responsible for the procedure evaluates the credibility of the evidence on the basis of a complete, unbiased and independent review of all the circumstances of the case and their interrelationship, according to the law and juridical sense. No evidence can be considered as a binding evidence on the court, the judge, the prosecutor and investigator.

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

The defendant has the right to consider all the materials of the case from the moment of the completion of the pre-trail examination, including the identification data of persons who are testifying in that case, except where the person testifying has acquired a pseudonym. In this case, the rights of the defendant are restricted to protect persons, who are the subject of SPP, against possible endangerment.

c. 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?

It is possible for witnesses and pentiti to benefit from a protection programme before criminal proceedings are initiated, during the period of the investigation of the criminal matter and after its termination.

witnesses and pentiti can benefit from a protection programme in this text:

j these persons are subject to SPP;

) the criminal case against the person can be dismissed if he/she has helps to disclose a serious or a particularly serious crime committed by another person, which is more serious or more dangerous than the one committed by this person;

3) the penalty stated in the judgment may be reduced if the convicted person helps to disclose a serious or a particularly serious crime committed by another person, which is more serious or more dangerous than the one committed by this person.

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

Under the conditions stated in CPC, the protected person has the right to legal assistance - an attorney, who has the right to represent the interests of the protected person, can participate in pre-trial examination actions, in the hearing, in Courts of Appeal and Courts of Cassation and may declare rejections, submit petitions and appeals.

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

The legal basis for the granting of SPP is an application from the endangered person. If the person responsible for the procedure has approved his/her application, he/she applies to the general prosecutor with a proposal to grant the endangered person SPP.

After the general prosecutor, on the basis of application from the person responsible for the procedure, has considered the materials and has listened to the endangered person, he/she takes a decision on whether to grant him/her SPP.

;The person responsible for the procedure takes the initiative, but the decision is made by the general prosecutor. The assessment of the relevance of a testimony and the evaluation of the possible danger is carried out by the person responsible for the procedure as well as by the general prosecutor.

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).

In order to provide SPP, the following measures can be implemented:

• guarding the person to be protected and his/her residence (property);

• securing the conversations of the person to be protected against
unsanctioned wiretapping and his/her correspondence against
unsanctioned monitoring;

• issuing special technical devices and weapons to such a person and
training him/her in their use;

• provision of lodging for the required period of time to the person to be
protected in guarded residential premises unknown to others
(confidential);

•\ organisation, according to the prescribed procedures, of the issuing to ' such a person of a passport and other documents with different personal

identity data, as well as of a change of permanent residence and place

of work;

• other necessary activities.

From 1 October 2005, the same provision is provided by the Law on Special Protection of Persons, however the new law provides for more special protection measures in addition to those mentioned above.

The additional measures are the following:

• to provide for the protection of such a person's data and ensure that
such data are released from state information systems;

• to transfer the person to be protected to another country in accordance
with concluded international treaties or an agreement with the country in
question;

• to provide for the insurance of the property of the person to be
protected, if necessary;

• to provide to imprisoned and sentenced persons to be protected the
convoy in isolation from other prisoners.

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

The duration of SPP is not determined in law, though protection measures must continue while the possible danger exists or while the protected person

s not renounced it him/herself, or while this person's actions have not made the protection measures impossible.

A decision of the general prosecutor to grant (or refuse) a witness admittance to SPP, can be appealed to the Criminal Case Department of Supreme Court by the person to whom this decision relates, or the defender or the legal representative of these persons.

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?

CPC provides the following measures of mutual legal assistance in order to facilitate international co-operation:

1) use of modern telecommunication means;

2) use of video and audio and photographic means;

3) use of specific technical, chemical and biological means;

4) use of information systems;

5) assistance in relocating protected witnesses;

6) exchange of information between witness protection authorities;

7) etc.

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.

The Republic of Latvia has entered international agreements on the protection of witnesses and pentiti, e.g. bilateral agreements with the Republic of Lithuania, the Republic of Estonia and the Republic of Slovenia. Agreements with the Czech Republic and Austria are in the stage of elaboration. These agreements provide details on how to relocate protected persons to another country for an appropriate period of time. These persons may also be relocated to other countries subject to mutual arrangements with the appropriate authorities of justice.

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

International co-operation in field of the protection of witnesses and pentiti ^ma" be improved by extending the number of concluded agreements with ' countries.

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/pentito) how many people are included in this category. Please also provide figures on the different kinds of measures (procedural and non­procedural) adopted, and on the number of cases involving international co-operation.

f. Proposals and comments '

25. Please provide any comments/proposals concerning the i, 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.

On 1 October 2005, a new Criminal Procedure Law entered into force in Latvia which repeals the Criminal Procedure Code and which in turn is the main legal framework governing the use of measures protecting witnesses and pentiti. It provides a more strengthened system for the protection of witnesses and pentiti. This new Law defines the substance of SPP more precisely; the cause and the basis of SPP; the order of consideration of an application for the granting of SPP to an appropriate person; proposition of the person responsible for the procedure to determine SPP; determination of a person to be the subject of SPP; decision on the granting of SPP; realisation of decision on SPP; the rights and obligations of the protected person; the rights and obligations of representatives or other persons; individuality of procedural action in pre-trial stage; the individuality of hearings; discontinuance of SPP and non-usage of the testimony of protected persons.

On 19 May 2005, a new Law on Special Protection of Persons was adopted which entered into force together with the Criminal Procedure Law. This law repeals the provisions on special procedural protection contained in the Law on Investigation Operations since it provides for more detailed and specific procedures, rights, guarantees, and duties with regard to providing special procedural protection to persons testifying in criminal proceedings or participating in the disclosing, investigation, or trial of serious or especially serious crimes.

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