Russian Federation

There is no such concept as "pentitr in Russian legislation, therefore the following responses refer only to witnesses.

According to Article 56 ("Witness") of the Code of Criminal Procedure of the Russian Federation of 18 December 2001, No. 174-ФЗ (hereinafter ССР), а witness is a person who may be aware of any facts relevant to the investigation or the prosecution of a crime and is summoned to give evidence.

Witnesses are summoned and interrogated under the procedure provided for

by Articles 187-191 of the CCP.

The following persons shall not be called to testify:

1) a judge or a juror- about any facts in the criminal case he/she became
aware of through his/her participation in the criminal proceedings;

2) a counsel for the defendant, suspect - about any facts he/she became
aware of through his/her participation in criminal proceedings;

3) a lawyer - about any facts he/she became aware of when rendering legal
assistance;

4) a clergy person - about any facts he/she became aware of in connection
with confession;

5) a member of the Federation Council or a deputy of the State Duma
without his/her consent - about any facts he/she became aware of in the
performance of his/her duties.

. witness has the right:

) not to testify against him/herself, his/her spouse and other close relatives specified in paragraph 4 of Article 5 of the CCP. If a witness agrees to testify, he/she shall be warned that his/her testimony may be used as evidence at the trial, even if he/she withdraws his/her evidence in the future;

'■) to testify in his/her native language or any language he/she knows;

) to obtain an interpreter free of charge;

) to waive the interpreter who takes part in interrogation;

0 to file motions and complaints regarding any acts (omissions) and

decisions by the inquiry officer, investigator, prosecutor or the court; ■») to be interrogated in the presence of his/her lawyer as defined in paragraph 5 of Article 189 (General Rules of Conducting Questioning) of this Code;

■') to claim the protection measures provided for in paragraph 3 of Article 11 ("Protection of Human and Civil Rights and Freedoms in Criminal Proceedings") of the CCP.

A witness may not be submitted to forensic examination or inspection except 1"
as provided in paragraph 1 of Article 179 of the CCP. 1

A witness has no right:

1)

2) 3)

In the case of non-appearance without a valid reason, a witness may be brought by force.

A witness is liable for deliberately giving false evidence or refusing to give i, evidence under Articles 307 ("Perjured Evidence, Expert's Opinion or Incorrect Translation") and 308 ("Witness's or Victim's Refusal to Give Evidence") of the 1996 Criminal Code of the Russian Federation. A witness is liable for the disclosure of preliminary investigation data under Article 310 ("Disclosure of Preliminary Investigation Data") of the 1996 Criminal Code of the Russian Federation.

a. General information

1.

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

The legal status of participants in criminal proceedings, including witnesses, is determined by the CCP. This document complies with the European standards and experts from 13 European countries were involved in its examination.

The protection measures for witnesses and the procedure for their enforcement are determined by Articles 11, 166, 186, 193, 241 and 278 of the CCP.

Thus, under paragraph 3 of Article 11 ("Protection of Human and Civil Rights and Freedoms in Criminal Proceedings") of the CCP if there exist sufficient information that a victim, witness or other participants in criminal proceedings or their immediate relatives, relatives or intimate persons are facing threats of murder, violence, or destruction of or damage to their property, or other dangerous unlawful actions, the court, procurator, investigator, inquiry agency, or inquiry officer shall, within their subject-

atter jurisdiction, take security measures to protect the said persons, as nvisaged by Articles 166 (paragraph 9), 186 (paragraph 2), 193 "paragraph 8), 241 (paragraph 2, sub-paragraph 4), 278 (paragraph 5) of the

Ьср.

Эп 6 June 2003, the State Duma of the Russian Federation approved in the first reading the draft Federal Law "On the Public Protection of Victims, Witnesses and other Participants in the Criminal Proceedings", tabled by the President of the Russian Federation on 17 March¹. This Bill was developed by the working group established by the President of the Russian Federation under the Security Council of the Russian Federation. The bill was drafted taking into account foreign experience, including that of other European states. It is aimed at protecting participants in criminal proceedings, including witnesses, first of all those involved in cases concerning grave crimes and Felony, including terrorist cases. The system of state protection measures includes security measures and social protection measures. Security measures may include, in particular, physical protection of the protected person, protection of his/her residence and property; providing him/her with special means of individual protection, communication and danger warning; ensuring confidentiality of the information concerning the protected person; his/her relocation to another place of residence; change of his/her identity; change of his/her appearance; change of his/her place of work; his/her temporary relocation to a secure place, as well as applying additional security measures to the protected person in custody or in the place he/she is serving his/her sentence, including his/her transfer from his/her place of detention or the place he/she is serving his/her sentence to another. The draft also determines the procedure and grounds for applying security and social protection measures, as well as the procedure for revoking security measures.

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?

Under the provisions of the CCP, security measures shall apply to witnesses in the course of investigating criminal cases concerning all grades of offences. According to Article 11 (Protection of Human and Civil Rights and Freedoms in Criminal Proceedings) of the CCP, the above-mentioned measures may also be extended to their close relatives (i.e. spouses, parents, children, adoptive persons, adoptees, siblings, grandparents, grandchildren), relatives or their close persons (i.e. persons who have an affinity with the victim or witness, other than their close relatives and relatives, as well as persons whose life, health and well-being are dear to the victim or witness by virtue of existing personal relations).

Entered into force on 1st January 2005.

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-terrorist institutions? If
so, what is their role in the protection of witnesses and pentiti in
relation to acts of terrorism?

In Russian legislation there are no specific provisions governing protection of witnesses in connection with acts of terrorism. The general rules for the protection of witnesses in criminal proceedings apply to witnesses connected with the acts of terrorism.

Under Article 6 of the 1998 Federal Law on Combating Terrorism, counter-terrorist committees are established at the federal and regional levels in order to organise activities to combat terrorism; however, the protection of witnesses does not fall within the jurisdiction of these committees.

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.

Russian criminal procedure laws contain norms which establish the principles of legality in course of proceedings in criminal case (Article 7 of the CCP), respect for honour and dignity of individual (Article 9 of the CCP), protection of human and civil rights and freedoms in criminal proceedings (Article 11 of the CCP). Thus, for instance, according to Article 11 ("Protection of Human and Civil Rights and Freedoms in Criminal Proceedings") of the CCP, the court, the prosecutor, the investigator and the inquiry officer are obliged to expound to the parties in criminal proceedings their rights, obligations and responsibilities, and secure facilities to exercise those rights. Moreover, any damage caused to a person as a result of the violation of his/her rights and freedoms by the court, or by the officials carrying out criminal prosecution, is to be compensated on the grounds and in accordance with the procedure set by this Code.

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

In accordance with the CCP, witnesses may benefit from procedural measures of protection as early as during pre-trial proceedings, at the stage of preliminary investigation. Thus, according to paragraph 9, Article 166, when it is necessary to provide security of the witness, their immediate relatives and intimate persons, the investigator shall have the right not to refer to the information on their identities in the official record of the investigative action, in which they participated. In this instance the investigator, acting with the consent of a prosecutor, shall render a ruling

hich shall set forth the reasons of making the decision to keep this iformation confidential, refer to the alias of a participant in the investigative ction, and produce the specimen of the signature, that he/she shall use in ie official records of investigative actions conducted with his/her

participation. The ruling shall be placed in an envelope that shall be then

sealed and included to the criminal case file.

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

The possibility to obtain legal assistance (in particular, the services of an attorney) is guaranteed by the Constitution of the Russian Federation (Articles 45, 46, 48), as well as by the CCP.

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.

Such methods are provided for by paragraph 8 of Article 193 ("presentation for Identification") of the CCP, according to which the investigator, in order to provide security of a person making identification, presentation of a person for identification, pursuant to the investigator's decision, may be conducted in the conditions excluding the possibility of visual observation of the person making identification by a person presented for identification

Under paragraph 1 of Article 241 ("Transparency") of the CCP, criminal

proceedings in all courts are held in public, except in cases stipulated in this

Article. However, sub-paragraph 4 of paragraph 2 of the said Article provides

that private hearings are possible upon judicial declaration or decision in

cases where there is a need to protect the parties in criminal proceedings

(including witnesses), their close relatives, relatives or close persons. Under

paragraph 5 of Article 278 ("Examination of Witnesses") of the CCP, if it is

necessary to provide for security of a witness, his/her close relatives,

elatives or intimate persons, the court may, without disclosing the real

nformation on the identity of the witness, examine him/her out of view of

other participants in the court proceedings, with a court finding or ruling

endered to that effect.

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?

Jnder Article 11 ("Protection of Human and Civil Rights and Freedoms in Criminal Proceedings") of the CCP, the criterion is the availability of

sufficient information proving that the witness, or his/her immediate relative relatives or intimate persons, are threatened with murder, violence" destruction or damage to their property, or other dangerous unlawful actions'

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?

Such statements are of evidential value if no provision of the CCP has been violated. Under Article 75 ("Inadmissible Evidence") of the CCP, evidence obtained in violation of the requirements of the Code is inadmissible Inadmissible evidence has no legal validity and may not form the basis of the prosecution. Under the same Article 75, neither the testimony of a witness, based on his/her guesses, supposition or rumours, nor the testimony of a witness who cannot identify the source of his/her knowledge is admissible.

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