Witness protection is security provided to a threatened
person providing testimonial evidence to the justice system, including defendants and other clients, before, during, and after a
trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
, usually by
police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
. While a witness may only require protection until the conclusion of a trial, some witnesses are provided with a new identity and may live out the rest of their lives under government protection.
Witness protection is usually required in trials against
organized crime
Organized crime (or organised crime) is a category of transnational, national, or local groupings of highly centralized enterprises run by criminals to engage in illegal activity, most commonly for profit. While organized crime is generally th ...
, where law enforcement sees a risk for witnesses to be
intimidate
Intimidation is to "make timid or make fearful"; or to induce fear. This includes intentional behaviors of forcing another person to experience general discomfort such as humiliation, embarrassment, inferiority, limited freedom, etc and the victi ...
d by colleagues of
defendant
In court proceedings, a defendant is a person or object who is the party either accused of committing a crime in criminal prosecution or against whom some type of civil relief is being sought in a civil case.
Terminology varies from one jurisdic ...
s. It is also used at
war crime,
espionage
Espionage, spying, or intelligence gathering is the act of obtaining secret or confidential information (intelligence) from non-disclosed sources or divulging of the same without the permission of the holder of the information for a tangibl ...
and
national security
National security, or national defence, is the security and defence of a sovereign state, including its citizens, economy, and institutions, which is regarded as a duty of government. Originally conceived as protection against military atta ...
issues trials.
Witness protection by country
Not all countries have formal witness protection programs; instead, local police may implement informal protection as the need arises in specific cases.
Canada
Canada's
Witness Protection Program Act received
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in other ...
on June 20, 1996. The program is run by the
Royal Canadian Mounted Police
The Royal Canadian Mounted Police (RCMP; french: Gendarmerie royale du Canada; french: GRC, label=none), commonly known in English as the Mounties (and colloquially in French as ) is the federal police, federal and national police service of ...
(RCMP), with support by all levels of government and police forces.
Hong Kong
Several departments of the
Security Bureau of Hong Kong have specialized units to provide protection for witnesses and their families who face threats to their life. Notable units include the
Witness Protection Unit (WPU) of the
Hong Kong Police Force
The Hong Kong Police Force (HKPF) is the primary law enforcement, investigative agency, and largest Hong Kong Disciplined Services, disciplined service under the Security Bureau (Hong Kong), Security Bureau of Hong Kong. The Royal Hong Kong Po ...
, the
Witness Protection and Firearms Section (R4) of the
ICAC, and the WPU of the
Hong Kong Customs.
The members of these units undergo training in protection, firearms, self-defence, physical and tactical training. They are mostly trained in the use of, and issued, the
Glock 19
Glock is a brand of polymer- framed, short recoil-operated, locked-breech semi-automatic pistols designed and produced by Austrian manufacturer Glock Ges.m.b.H. The firearm entered Austrian military and police service by 1982 after it was the ...
compact handgun as sidearm. The standard
Glock 17
Glock is a brand of polymer-Receiver (firearms), framed, Recoil operation#Short recoil operation, short recoil-operated, locked-breech semi-automatic pistols designed and produced by Austrian manufacturer Glock Ges.m.b.H., Glock Ges.m.b.H. The ...
or the long arms such as the
Heckler & Koch MP5
The Heckler & Koch MP5 (german: Maschinenpistole 5) is a 9x19mm Parabellum submachine gun, developed in the 1960s by a team of engineers from the German small arms manufacturer Heckler & Koch. There are over 100 variants and clones of the MP5, ...
sub-machine gun or the
Remington Model 870
The Remington Model 870 is a pump-action shotgun manufactured by Remington Arms Company, LLC. It is widely used by the public for shooting sports, hunting and self-defense, as well as by law enforcement and military organizations worldwide.
Dev ...
shotgun may be issued if the witness faces bigger threats. A new identity could be given to a witness, and the government may relocate them far from Hong Kong if the witness is still being threatened after the end of the trial.
Indonesia
In 2006, Indonesia enacted the Law n. 13 on Witness and Victim Protection, which introduced for the first time the legal qualifications of witness, (crimes) victim, complainant and justice collaborator within the
Indonesian Criminal Procedure Code
Indonesian is anything of, from, or related to Indonesia, an archipelagic country in Southeast Asia. It may refer to:
* Indonesians, citizens of Indonesia
** Native Indonesians, diverse groups of local inhabitants of the archipelago
** Indonesia ...
(KUHAP). In Indonesia, justice collaborators play an important role especially for the activities of the
Corruption Eradication Commission
Corruption Eradication Commission ( id, Komisi Pemberantasan Korupsi), abbreviated as KPK, is an Indonesian government agency established to prevent and fight corruption in the country. Firli Bahuri, an active police general, is the current cha ...
, since "corruption in Indonesia is committed collectively".
Ireland
The
Witness Security Programme in the
Republic of Ireland
Ireland ( ga, Éire ), also known as the Republic of Ireland (), is a country in north-western Europe consisting of 26 of the 32 counties of the island of Ireland. The capital and largest city is Dublin, on the eastern side of the island. A ...
is administered by the
Attorney General of Ireland
The Attorney General of Ireland ( ga, An tArd-Aighne) is a constitutional officer who is the legal adviser to the Government and is therefore the chief law officer of the State. The attorney general is not a member of the Government but does pa ...
, and is operated by the elite
Special Detective Unit
, headquarters = Harcourt Street, Dublin (D2)
, formed = as the Criminal Investigation Department (CID)
, preceding1 = Garda Special Branch
, preceding2 =
, jurisdiction = Ireland
, employees = Undisclosed~ 300
, budget = Undisclosed ...
(SDU) of the ''
Garda Síochána
(; meaning "the Guardian(s) of the Peace"), more commonly referred to as the Gardaí (; "Guardians") or "the Guards", is the national police service of Ireland. The service is headed by the Garda Commissioner who is appointed by the Irish Gover ...
'', the national police force. The programme was officially established in 1997, following the assassination of journalist
Veronica Guerin
Veronica Guerin (5 July 1958 – 26 June 1996) was an Irish crime reporter who was murdered by drug lords. Born in Dublin, she was an athlete in school and later played on the Irish national teams for both football and basketball. After stud ...
by a drugs gang she was reporting on. Witnesses in the program are given a new identity, address and armed police protection either in Ireland or abroad (generally in
Anglophone
Speakers of English are also known as Anglophones, and the countries where English is natively spoken by the majority of the population are termed the ''Anglosphere''. Over two billion people speak English , making English the largest language ...
countries). They are usually provided with financial assistance, as witnesses regularly must leave their previous employment. Witness protection is used in cases of serious, organised crime and terrorism. The
Irish Government
The Government of Ireland ( ga, Rialtas na hÉireann) is the cabinet that exercises executive authority in Ireland.
The Constitution of Ireland vests executive authority in a government which is headed by the , the head of government. The governm ...
will only grant protection to those who cooperate with investigations conducted by the ''Garda Síochána''. Court appearances by witnesses in protection are carried out under the security of the
Emergency Response Unit
An Emergency Response Unit is a name for a law enforcement or other civil government entity that is trained and equipped to respond quickly to emergency situations. In some instances, such a designation is given to a Special Weapons and Tactics uni ...
(ERU), the highest-tier special weapons and tactical operations group in Irish law enforcement. There has never been a reported breach of security in which a protectee was harmed.
Israel
The
Israeli Witness Protection Authority, a unit within the
Ministry of Public Security is in charge of witness protection in
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
. The unit was created by law with the passing of the Witness Protection Law, 2008.
Italy
The witness protection program in Italy was officially established in 1991, managed by the Central Protection Department (''Servizio centrale di protezione'') of the
Polizia di Stato
The ''Polizia di Stato'' (State Police or P.S.) is one of the national police forces of Italy.
Alongside the Carabinieri, it is the main police force for providing police duties, primarily to cities and large towns, and with its child agencies ...
. Previously, witnesses were usually protected in exceptional cases by the police, but this often proved insufficient. In particular the witness protection program was focused on protecting the so-called ''
pentiti
''Pentito'' (; lit. "repentant"; plural: ''pentiti'') is used colloquially to designate collaborators of justice in Italian criminal procedure terminology who were formerly part of criminal organizations and decided to collaborate with a public ...
'', former members of criminal or terrorist organizations who, breaking the
code of silence
A code of silence is a condition in effect when a person opts to withhold what is believed to be vital or important information voluntarily or involuntarily.
The code of silence is usually followed because of threat of force or danger to onesel ...
, decided to cooperate with the authorities.
During the 1980s, at the
Maxi Trial
The Maxi Trial ( it, Maxiprocesso) was a criminal trial against the Sicilian Mafia that took place in Palermo, Sicily. The trial lasted from 10 February 1986 (the first day of the Corte d'Assise) to 30 January 1992 (the final day of the Supreme ...
against
Cosa Nostra
The Sicilian Mafia, also simply known as the Mafia and frequently referred to as Cosa nostra (, ; "our thing") by its members, is an Italian Mafia-terrorist-type organized crime syndicate and criminal society originating in the region of Sicily a ...
, informants
Tommaso Buscetta
Tommaso Buscetta (; 13 July 1928 – 2 April 2000) was an Italian mobster and a member of the Sicilian Mafia. He became one of the first of its members to turn informant and explain the inner workings of the organization.
Buscetta participated i ...
and
Salvatore Contorno
Salvatore Contorno (; born 28 May 1946), called Totuccio, is a former member of the Sicilian Mafia who turned into a state witness (''pentito'') against Cosa Nostra in October 1984, following the example of Tommaso Buscetta. He gave detailed acco ...
were protected by the
FBI
The Federal Bureau of Investigation (FBI) is the domestic Intelligence agency, intelligence and Security agency, security service of the United States and its principal Federal law enforcement in the United States, federal law enforcement age ...
due to the lack of a witness protection program in Italy. Although ''pentiti'' (usually from politically motivated terrorist organizations) had come forward since the 1970s during the so-called
Years of Lead, it was not until the early 1990s that the program was officially established to efficiently manage the stream of ''pentiti'' which had defected from the major criminal organizations in Italy at the time, such as Cosa Nostra, the
Camorra, the
'Ndrangheta
The 'Ndrangheta (, , ) is a prominent Italian Mafia-type organized crime syndicate and secret society, criminal society based in the peninsular and mountainous region of Calabria and dating back to the late 18th century. It is considered one of ...
, the
Sacra Corona Unita
Sacra Corona Unita (, ; acronym: SCU) also known as fourth mafia is a Mafia-type criminal organization and criminal society from the Apulia region in Southern Italy, and it is especially active in the areas of Brindisi, Lecce, and Taranto.
Ori ...
, the
Banda della Magliana
The Banda della Magliana (, ''Magliana Gang'') is an Italian criminal organization based in Rome. It was founded in 1975. Given by the media, the name refers to the original neighborhood, the Magliana, of some of its members.
The ''Banda della ...
and several others. Most of the witnesses are given new identities and live under government protection for several years, or sometimes their entire life.
The witness protection program in Italy has sometimes come under criticism for failing to properly protect certain witnesses, as was the case with the murders of high-profile ''pentiti'' Claudio Sicilia and Luigi Ilardo.
New Zealand
The
New Zealand Police
The New Zealand Police ( mi, Ngā Pirihimana o Aotearoa) is the national police service and principal law enforcement agency of New Zealand, responsible for preventing crime, enhancing public safety, bringing offenders to justice, and maintai ...
provide protection for witnesses against members of criminal gangs and serious criminals who feel threatened or intimidated. They run a Witness Protection Programme that monitors the welfare of witnesses and if necessary, helps create new identities. There is an agreement between the police and the
Department of Corrections
In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and s ...
to ensure that protected witnesses receive appropriate protection from that department. In 2007 the programme became the subject of public controversy when a protected witness's previous conviction for drunk driving was withheld from police and he continued driving, eventually killing another motorist in a road accident while drunk.
Switzerland
Swiss
Swiss may refer to:
* the adjectival form of Switzerland
* Swiss people
Places
* Swiss, Missouri
* Swiss, North Carolina
*Swiss, West Virginia
* Swiss, Wisconsin
Other uses
*Swiss-system tournament, in various games and sports
*Swiss Internation ...
law provides for a witness protection program coordinated by the witness protection unit of the
Federal Office of Police
The Federal Office of Police (Fedpol, german: Bundesamt für Polizei, french: Office fédéral de la police, it, Ufficio federale di polizia, rm, Uffizi federal da polizia) of Switzerland is subject to the Federal Department of Justice and P ...
.
Taiwan
The
Republic of China
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the northeast ...
promulgated the
Witness Protection Act on February 9, 2000 in
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
.
Thailand
Thailand maintains a witness protection office under the jurisdiction of the country's Ministry of Justice. Between 1996 and 1997 provisions were drafted for inclusion of a section covering witness protection in the kingdom's 16th constitution, and finally, the witness protection provision was included in the constitution and took effect in the middle of 2003. Thailand's Office of Witness Protection maintains a website.
Ukraine
In Ukraine, depending on the nature of the case and the location of the
trial
In law, a trial is a coming together of Party (law), parties to a :wikt:dispute, dispute, to present information (in the form of evidence (law), evidence) in a tribunal, a formal setting with the authority to Adjudication, adjudicate claims or d ...
, the
safety
Safety is the state of being "safe", the condition of being protected from harm or other danger. Safety can also refer to risk management, the control of recognized hazards in order to achieve an acceptable level of risk.
Meanings
There are ...
of witnesses is the responsibility of different agencies, such as the special judicial police unit
Gryphon
The griffin, griffon, or gryphon ( Ancient Greek: , ''gryps''; Classical Latin: ''grȳps'' or ''grȳpus''; Late and Medieval Latin: ''gryphes'', ''grypho'' etc.; Old French: ''griffon'') is a legendary creature with the body, tail, and ...
(part of the
Ministry of Internal Affairs
An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs.
Lists of current ministries of internal affairs
Named "ministry"
* Ministry ...
), the
Security Service of Ukraine
The Security Service of Ukraine ( uk, Служба безпеки України, translit=Sluzhba bezpeky Ukrainy}) or SBU ( uk, СБУ, link=no) is the law enforcement authority and main intelligence and security agency of the Ukrainian ...
and, formerly, the special police unit
Berkut.
United Kingdom
The UK has a nationwide witness protection system managed by the
UK Protected Persons Service (UKPPS), responsible for the safety of around 3,000 people. The UKPPS is part of the
National Crime Agency
The National Crime Agency (NCA) is a national law enforcement agency in the United Kingdom. It is the UK's lead agency against organised crime; human, weapon and drug trafficking; cybercrime; and economic crime that goes across regional and in ...
. The service is delivered regionally by local police forces. Prior to the formation of the UKPPS in 2013, witness protection was solely the responsibility of local police forces. One does not need to be a witness to be granted the protection of UKPPS (for example, targets of "honour-based violence").
United States
The
United States
The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
established a formal program of witness protection, run by the
U.S. Marshals Service, under the
Organized Crime Control Act
The Organized Crime Control Act of 1970 (, October 15, 1970), was an Act of Congress sponsored by Democratic Senator John L. McClellan and signed into law by U.S. President Richard Nixon.
The Act was the product of two sets of hearings in th ...
of 1970. Before that, witness protection had been instituted under the
Ku Klux Klan Act
The Enforcement Act of 1871 (), also known as the Ku Klux Klan Act, Third Enforcement Act, Third Ku Klux Klan Act, Civil Rights Act of 1871, or Force Act of 1871, is an Act of the United States Congress which empowered the President to suspend t ...
of 1871 to protect people testifying against members of the
Ku Klux Klan
The Ku Klux Klan (), commonly shortened to the KKK or the Klan, is an American white supremacist, right-wing terrorist, and hate group whose primary targets are African Americans, Jews, Latinos, Asian Americans, Native Americans, and ...
. Earlier in the 20th century, the
Federal Bureau of Investigation
The Federal Bureau of Investigation (FBI) is the domestic intelligence and security service of the United States and its principal federal law enforcement agency. Operating under the jurisdiction of the United States Department of Justice, ...
also occasionally crafted new identities to protect witnesses.
Many states, including
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
,
Connecticut
Connecticut () is the southernmost state in the New England region of the Northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, New York to the west, and Long Island Sound to the south. Its cap ...
,
Illinois
Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
,
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
and
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
, as well as
Washington, D.C.
)
, image_skyline =
, image_caption = Clockwise from top left: the Washington Monument and Lincoln Memorial on the National Mall, United States Capitol, Logan Circle, Jefferson Memorial, White House, Adams Morgan, ...
, have their own witness protection programs for crimes not covered by the federal program. The state-run programs provide less extensive protections than the federal program. They also cannot hold or have as many people involved as the federal program.
Before witness protection funds can be sought, law enforcement must conduct an assessment of the threat or potential for danger. This assessment includes an analysis of the extent the person or persons making the threats appear to have the resources, intent, and motivation to carry out the threats and how credible and serious the threats appear to be. When threats are deemed credible and witnesses request law enforcement assistance, witness protection funds can be used to provide assistance to witnesses which helps law enforcement keep witnesses safe and help ensure witnesses appear in court and provide testimony.
Special arrangements, known as S-5 and S-6
visas
Visa most commonly refers to:
*Visa Inc., a US multinational financial and payment cards company
** Visa Debit card issued by the above company
** Visa Electron, a debit card
** Visa Plus, an interbank network
*Travel visa, a document that allows ...
, also exist to bring key alien witnesses into the US from overseas.
T visa A T visa is a type of visa allowing certain victims of human trafficking (which includes both Labor Trafficking and Sex Trafficking) and immediate family members to remain and work temporarily in the United States, typically if they report the crim ...
s may be used to admit into the United States victims of
human trafficking
Human trafficking is the trade of humans for the purpose of forced labour, sexual slavery, or commercial sexual exploitation for the trafficker or others. This may encompass providing a spouse in the context of forced marriage, or the extrac ...
willing to assist in prosecuting the traffickers.
See also
*
Witness immunity
Witness immunity from prosecution occurs when a prosecutor grants immunity to a witness in exchange for testimony or production of other evidence.
In the United States, the prosecution may grant immunity in one of two forms. Transactional immun ...
*
Whistleblower protection
References
External links
Legislationline: Fair Trial (Right to a)(in English)
{{DEFAULTSORT:Witness Protection
Organized crime terminology
Law enforcement techniques
Testimony
Crime prevention