A secret witness (or anonymous witness) is a witness which is granted anonymity in a trial by the juridical authority. The identity of the witness is not disclosed to the defendant and the general public except if the secret witness agrees to it. It is a juridical procedure currently often used in Turkish law. Prominent examples are the case against Andrew Brunson and the

Ergenekon trials The Ergenekon trials or the Ergenekon conspiracy, were a series of high-profile trials which took place in 2008–2016 in Turkey in which 275 people, including military officers, journalists and opposition lawmakers, all alleged members of Erge ...

. In several trials against politicians of the Peoples' Democratic Party (HDP) secret witnesses are also used. Following the attempted coup d'état in 2016, secret witnesses were used in many trials.

Poland

An incognito witness (''świadek incognito''), also an anonymous witness (''świadek anonimowy''), is a witness who has been questioned in the course of criminal proceedings and whose circumstances allowing disclosure of his or her identity are not known to other participants in the proceedings, other than the

prosecutor A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...

and the

court A court is an institution, often a government entity, with the authority to adjudicate legal disputes between Party (law), parties and Administration of justice, administer justice in Civil law (common law), civil, Criminal law, criminal, an ...

, due to a well-founded fear of danger to the life, health, freedom or property of the witness or a person close to him or her. Proceedings on the complaint are held without the participation of the parties and are classified as 'secret' or 'top secret'.

Turkey

Evidence provided by the secret witness dubbed ''Garson'' was used in trials against 4000 Turkish police officers accused of being members of the

Gülen movement The Gülen movement () or Hizmet movement () is an Islamist fraternal movement. It is a sub-sect of Sunni Islam based on a Nursian theological perspective as reflected in Fethullah Gülen's religious teachings. It is referred to by its membe ...

. In the Kobani trial, the former Mayor of Diyarbakır Gültan Kişanak is accused by secret witnesses of organizing the Kobanî protests supporting the Kurds during the Siege of Kobanî by the

Islamic State The Islamic State (IS), also known as the Islamic State of Iraq and the Levant (ISIL), the Islamic State of Iraq and Syria (ISIS) and Daesh, is a transnational Salafi jihadism, Salafi jihadist organization and unrecognized quasi-state. IS ...

(IS). Eren Erdem of the

Republican People's Party The Republican People's Party (RPP; , CHP ) is a Kemalism, Kemalist and Social democracy, social democratic political party in Turkey. It is the oldest List of political parties in Turkey, political party in Turkey, founded by Mustafa Kemal ...

(CHP) was prosecuted for revealing the identity of a secret witness but found not guilty of the crime and his release was ordered in January 2019. However, the prosecution issued a new arrest warrant the day after the verdict alleging a flight risk and Erdem was sentenced to over 4 years imprisonment due to a testimony of a secret witness on 1 March 2019. The American pastor Andrew Brunson was prosecuted also on grounds of testimony of a secret witness accusing him of supporting the creation of a Kurdish

Christian A Christian () is a person who follows or adheres to Christianity, a Monotheism, monotheistic Abrahamic religion based on the life and teachings of Jesus in Christianity, Jesus Christ. Christians form the largest religious community in the wo ...

state. Brunson was later released in 2018, following an alteration of the testimonies provided by three secret witnesses during the final day of the trial. During the Ergenekon trials against members of the so-called deep state of Turkey, Şemdin Sakık of the

Kurdistan Workers' Party The Kurdistan Workers' Party, or the PKK, isDespite the PKK's 12th Congress announcing plans for total organisational dissolution, the PKK has not yet been dissolved de facto or de jure. a Kurds, Kurdish militant political organization and armed ...

(PKK) acted as one of over 40 secret witnesses, but during the trial he decided to reveal his identity. In Turkey the use of secret witnesses has been a target for criticism by the Peoples' Democratic Party (HDP) but also of

Nationalist Movement Party The Nationalist Movement Party, or alternatively translated as Nationalist Action Party (, MHP), is a Turkish Far-right politics, far-right, ultranationalism, ultranationalist Political parties in Turkey, political party. The group is often de ...

(MHP) Emma Sinclair-Webb of the

Human Rights Watch Human Rights Watch (HRW) is an international non-governmental organization that conducts research and advocacy on human rights. Headquartered in New York City, the group investigates and reports on issues including War crime, war crimes, crim ...

, also condemned the use of secret witnesses in trials against mayors dismissed from public office in Turkey.

United Kingdom

In the United Kingdom secret witnesses were used during the trial concerning the Murder of Charlene Ellis and Letisha Shakespeare. Other trials which potentially would have involved secret witnesses were suspended on grounds that the rights of the defendant were not guaranteed. Nevertheless, the use of secret witnesses is allowed according to British law,{{Cite web, title=Witness Anonymity (The Director's Guidance) {{! The Crown Prosecution Service, url=https://www.cps.gov.uk/legal-guidance/witness-anonymity-directors-guidance, access-date=2020-12-14, website=www.cps.gov.uk but if their use in trial is granted by a court, the prosecution is obliged to provide as much information as possible to the defense.

References

Witness (law)

Poland

Turkey

United Kingdom

See also

References