The Legal Aspects of Witness Protection Mechanisms
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Abstract
Witness protection is one of the main goals of the law of criminal procedure, because protection from criminal intimidation is essential for a fair system of criminal justice. It also helps to ensure the safety of the participants of criminal procedure. In fact the legal practice often faces the threat and/or physical, psychological or intellectual impact into the victims, witnesses, interrogators, prosecutors, lawyers or even judges.
At the meantime Lithuanian law incorporates a number of legal protections for witnesses. These can be found in both the Code of Criminal Procedure and in general statutory provisions. Regarding the groups of the legal acts or instruments above mentioned, unfortunately the situation is not efficient itself for a few of reasons. Firstly, the legal acts provisions concerning the protection of witnesses are not coordinated inside. It makes inflexible legal practice. And this could only deter the participants (victims and witnesses) to avoid or even refuse to be examined and say the truth. Secondly, most of the above-mentioned provisions, which were intercepted from the legal practice in United States, are declaratory one. Thirdly, analyzing the evaluation of the witness protection mechanisms in Lithuania it is not enough clear what are the moments of the formal (de jure) and factual (de facto) grounds of the determination of protection.
This article evaluates these witness protection mechanisms. The main problem with the current system is that Lithuanian Law is insufficient to protect witnesses from criminal intimidation, or to ensure that their testimony is heard. Although Lithuanian law does provide protection for whistleblowers and criminal justice officials from criminal intimidation, the same measure of protection does not exist for witnesses generally. In addition, the statutes do not harmonize with international law on the same subject, such as the provisions for witness protection adopted by the Council of Europe and United Nations Organization. This can be seen after the analysis of the caselaw of the Human Rights Court in Strasbourg.
At the meantime Lithuanian law incorporates a number of legal protections for witnesses. These can be found in both the Code of Criminal Procedure and in general statutory provisions. Regarding the groups of the legal acts or instruments above mentioned, unfortunately the situation is not efficient itself for a few of reasons. Firstly, the legal acts provisions concerning the protection of witnesses are not coordinated inside. It makes inflexible legal practice. And this could only deter the participants (victims and witnesses) to avoid or even refuse to be examined and say the truth. Secondly, most of the above-mentioned provisions, which were intercepted from the legal practice in United States, are declaratory one. Thirdly, analyzing the evaluation of the witness protection mechanisms in Lithuania it is not enough clear what are the moments of the formal (de jure) and factual (de facto) grounds of the determination of protection.
This article evaluates these witness protection mechanisms. The main problem with the current system is that Lithuanian Law is insufficient to protect witnesses from criminal intimidation, or to ensure that their testimony is heard. Although Lithuanian law does provide protection for whistleblowers and criminal justice officials from criminal intimidation, the same measure of protection does not exist for witnesses generally. In addition, the statutes do not harmonize with international law on the same subject, such as the provisions for witness protection adopted by the Council of Europe and United Nations Organization. This can be seen after the analysis of the caselaw of the Human Rights Court in Strasbourg.
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Please see Copyright and Licence Agreement for further details.
