CHAPTER TWO

Conceptual foundation of witness protection

2.1 witness protection an over view

Witness protection plays a pivotal role in the dispensation of justice in general and prosecution
of criminals in particular. In most circumstances, if there is no witness the criminal justice
system will be at difficulty of prosecuting serious crimes that pose danger to the public at large.
Therefore, for the sake of dispensation of justice in general and prosecution of criminals in
particular the criminal justice system shall give adequate protection for witnesses. The criminal
justice system shall guarantee witnesses against any form of retaliation by those against whom
the testimony is given. In general, it is the duty of justice system to protect witnesses. The
criminal justice system is duty bound to provide protection measures for witnesses of criminal
offence so that they can freely give their testimony. Witnesses will cooperate freely with law
enforcement investigations without fear of any reprisal if and only if the justice system serves as
a watch dog of their life and property. The ability of witnesses to give testimony in judicial
setting to cooperate with law enforcement investigations without fear of intimidation or reprisal
is essential to maintain rule of law. The maintenance of rule of law will almost remain a mere
wish in the absence of a witness who can freely appear and testify before court. To achieve this
purpose of maintenance of rule of law countries are required to come up with laws, policies and
programs that are capable of giving adequate protection for witnesses. Witness protection
programs serve many purposes. They provide opportunities for victims and witnesses to
participate in a criminal process with the expectation that they and their families will not be put
in danger. They offer the hope of accountability and threatened witnesses away to seek shelter
from the scene of victimization. Witness protection provides a space in which individual traumas
may be treated and enables a victim/witness to regain more control over their life it can also lead
to a serious disruption of the life style of the witness and any person accompanying them in to
the program. It may even have implication on third parties. For these reasons witness protection
programs must have a good foundation in legislation or policy 1. increasingly countries are
adopting polices or enacting legislations to protect witness whose cooperation with law
enforcement authorities or testimony in court of law would endanger their lives or those of their
[Link] activities that have a profound impact on human security and development,
such as corruption, drug trafficking, serious and organized crime, human rights violation and
terrorism will not be prevented at least to its minimum level without according adequate
protection of witnesses3. Consequently, the ability criminal justice systems to investigate and
prosecute such forms of serious crime are often very limited. One of the challenges for many is
in obtaining the cooperation of witnesses and victims and witness protection in order to obtain
important evidence and information about such criminal matters [Link] way of sorting out this
problem is by guaranteeing witnesses life and property against reprisal by the accused or his
relative by coming up with witness protection programs.

The successful prosecution of crimes largely depends on securing reliable evidence, including
the testimony of witnesses. And it is obvious that reliable evidence cannot be secured in case the
state failed to guarantee the witnesses not to be subject to reprisal by those who are prosecuted as
a result of the witnesses’ testimony. When witnesses withdraw from proceeding due to
intimidation or actual harm, securing conviction often becomes impossible. For this reason, the
protection of witnesses remains corner stone to an effective criminal justice system. Experience
shows, however that individuals are not willing unless they have confidence that the state will
protect their rights and safety as well as those of their immediate family This would be nothing if
we do not come up with the comprehensive definition of what witness and witness protection
program is. The following section will try to look in to the definition of these terms.
1
Koren, Elaine (2014), Research number. 43 witness programs in selected countries: Annotated
[Link], on: public safety Canada.

2
Antonio Maria Costa, executive director United Nations office on drugs and crime, good
practices for the protection of witness in criminal proceeding involving organized crime-Vienna-January
2008.

3
Karen Kramer, witness protection as key tool in addressing serious and organized crime.

4
Wilson Kiprono, Kibet Nigetich, Wokebi Mwangi, Challenges facing to criminal justice system
in relation to witness protection in Kenya-IOSR journal of humanities and social science Vol20.
2.1.1. Witness and witness protection program defined
Different literatures define witness differently. To begin with:

Witness is any person who according to law on criminal procedure, has the role of witness, and
possesses information for the committing of the crime, the perpetrator, and other relevant
circumstances, i.e., data and information relevant for the criminal procedure which are necessary
and crucial for proving the criminal act, by which revealing the life, health, freedom, physical
integrity or property of higher amount of the witnesses are exposed to danger5.

Witness refers to any persons irrespective of his or her legal status [informant, witness, judicial
official undercover agent or other], who is eligible under the legislation or policy a country
involved, to be considered for admission to a witness protection program6.

Witness is someone that gives evidence regarding matters of fact under inquiry or someone who
is legally qualified to testify in a cause or to give evidence before a judicial tribunal 7.

Witness protection program on the other hand refers to a formally established covert program
subject to strict admission criteria that provides for the relocation or change of identity of
witnesses who lives are threatened by a criminal group because of their cooperation with law
enforcement authorities8.

Witness protection program is a federal or state program in which a person who testifies against
a criminal is assigned a new identity and relocated to another part of the country as a result of
such testimony9.

Witness protection refers to range of measures which can be applied at any stage of criminal
proceedings, to ensure the safety of witnesses to gain their cooperation in obtaining testimony.
This includes concealing the identity of witnesses through the use of image and voice distortion,
5
Law on witness protection, unofficial translation in compliance with official gazette No.38/2005
courtesy of the OSCE mission to Skopje
6
Ibid.
7
Webster third new international dictionary, page 2627
8
Wilson, supra note 4.
9
Black’s law dictionary, 8th edition.
video conferencing and pseudonyms while giving testimony, and anonymous testimony 10. Other
measures relate to the physical protection of witnesses or members of their families. This may
include their temporary or permanent relocation, changing their identity, and-in extreme
circumstances-cosmetic surgery to alter their physical appearance. The covert nature of witness
protection is paramount in encouraging witnesses to come forward 11. Guaranteeing the protection
of physical witnesses in such crimes gives courts the opportunity to listen to their testimony and
evaluate the evidence. This especially is true in cases involving powerful individuals with links
to influential networks and institutions.

2.2. International developments on witness protection

The importance of witness protection is recognized through various legal regimes, policies and
declarations. Different international and regional human right instruments have accorded
protection for witnesses to enable them cooperate with the law enforcement organs for the
maintenance of rule of law. The UN has several instruments that promote cooperation in witness
protection area12. For example, both the UN Convention against Corruption, and the UN
Convention against Transitional Organized Crime [UNTOC], and its protocols calls upon state
parties to provide protection and support of witnesses and victims. This includes among other
measures, special arrangements for giving evidence and the consideration of relocation
[Link] UNTOC also calls upon each state party to provide effective protection from
potential retaliation or intimidation for witnesses and experts who give testimony 14. The UN
Convention against Transitional and Organized Crimes requires state party to take appropriate
measures to provide effective protection from retaliation or intimidation for witnesses who give
testimony in cases involving transitional organized crimes15.

10
Wilson Supra note 4.
11
Ibid.
12
OAS General secretariat study on the cooperation-on the protection of victims and witnesses
13
Arts.24&25 of the UNTOC.
14
Antonio Maria supra notes 2.
15
Art.24 of UNTOC, General Assembly resolution 55/25, annex 1.
State party to this conventi0n are required to take appropriate measures to encourage persons
who participate or participated in organized criminal groups to cooperate with law enforcement
authorities for investigative and evidentiary purpose16.

The protection of witness is also explicitly addressed in the protocol to the organized crime
convention, especially in the protocol to prevent, suppress and punish trafficking in persons,
especially women and children, supplementing the UN convention against Transitional
Organized Crimes17. And the protocol against smuggling of migrants by Land, sea and Air
supplementing the UN Convention against Transitional Organized Crime [Link] the
recommendation of the commission on crime prevention and criminal justice, the Economic and
Social Council encouraged member state to exchange their experience with and information on
action taken to provide effective protection for witnesses in criminal proceedings involving
transnational and national organized crime and for their relatives and all other persons close to
them19.

The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power,
adopted by the UN General Assembly in 1985, and the UN Economic and Social Council
Resolution 2005/20 also include provisions for witness protection. Similarly, International
Criminal tribunal and special courts also have special provisions geared towards the protection of
witnesses. These include the ICC, the International Criminal Tribunal for the former Yugoslavia
(ICTY), and the International Criminal Tribunal for Rwanda (ICTR), the Special Court of Siera
Leone (SCSL), and the extraordinary chambers in the court of Cambodia (ECCC)20.

The UN office on Drugs and Crime (UNODC) has also published important comprehensive
materials to support witness protection. The UNODC recommends minimum requirements for
protection of witness including legislations, protection measures to be used; application and

16
Art.26 of UNTOC.
17
General Assembly resolution 55/25, annex 2 Arts.6&7
18
General Assembly resolution 55/25, annex 3 AArts.5&16
19
Economic and Social Council resolution 2005/16
20
Antonio Maria supra notes 2
admission criteria and procedures, termination criteria, confidentiality of its operations and
penalties for disclosure21.

In Africa, the importance of effective witness protection in prosecution of international crimes

has also been asserted through the recently amended statute of African Court of Justice and
Human Rights (ACJHR), and the AU Draft Model National law on Universal Jurisdiction over
international crimes. The African Prosecutors Association, through its various declarations, also
seeks to promote effective witness protection in Africa. At the national level, however,
formalized witness protection in Africa is not well developed. In 1998, South Africa becomes the
first African country to promulgate a comprehensive witness protection law. Kenya, also took
this important step and amended the witness protection act of 2006, and now has amended
witness protection act of 2010, there by enacting witness protection legislation that among other
things, established a dedicating and independent witness protection agency. Ethiopia, Rwanda,
Morocco and Mozambique also have witness protection laws22.

Witness protection is administratively expensive and complex. It needs to include physical

protection, provision for daily living requirement of witness and, in many cases their families,
ensuring the witness abide by the set of rules to protect their safety guarding against interference
by authorities and others, and ensuring that custodians of the operation are trustworthy.
Especially these days due to the advancement of technology witnesses are becoming victims of
danger23.

2.3. Witness protection, Brief history

Witness protection first come in to prominence in the United States of America, in the 1970’s as
a legally sanctioned procedure to be used in conjunction with a program for dismantling a mafia
style criminal organization. Until that time, the unwritten “code of silence” among the members
of the mafia-known as Omerrta-held unchallenged sway, threatening death to anyone who broke
ranks and cooperated with the police. 24The notion of witness protection as understood today
arose from the notorious Valachi case of 1962 In the United States. Joe Valachi, himself a man
21
Ibid.
22
Wilson, supra note 4.
23
Ibid.
with criminal record, had agreed to give evidence by breaking Omerta, the code of silence, about
the inner workings of the mafia. His cooperation was driven by the fear that he would be
murdered by Vito Genovese, a powerful mafia family boss. When Valachi before the committee,
he was guarded by 200 US marshals. He was the first person in US to be offered protection for
testimony prior to a formal witness protection program. Valachi entered in to protective custody
and remained in prison until the end of his natural life. The prosecution was an important one
with extensive implication for the general effectiveness of law enforcement. Generally, Valachi
was highly likely to be murdered by his former associates before he could appear in court. From
that case there developed the US witness protection program of 1970, which by 2005, had taken
in to care more than 7500 witnesses thought to be at risk along with more than 9600 family
members25.

2.4. Witness protection in specific countries

Today witness protection is viewed as a crucial tool in combating organized crime, and a large
number of countries around the globe has established such specialized program or have legislate
their creation26.

Examples from different jurisdictions that have decided to establish witness protection programs
and their main elements are provided here in below27.

2.4.1. Witness protection in South Africa

Prior to the adoption of the 1996 National Crime Prevention Strategy, witness protection in
South Africa was governed by section 185A of the Criminal Procedure Act of 1977. The relevant
provisions were repressive in nature and were used during the apartheid regime as a means to
coerce witnesses to give evidence. The 1996 strategy recognized witness protection as a key tool
in securing evidence from vulnerable and intimidated witnesses in judicial proceedings and
acknowledged that witness protection was, at the time, a weak link in the criminal justice system.

24
Antonio Maria, supra note 2.
25
Ibid.
26
Ibid.
27
Antonio Maria, supra note 2.
In 2000, Witness Protection Act 112 of 1998 was promulgated, replacing the old system. The
new law:

(A) Established the national Office for Witness Protection under the authority of the Minister of
Justice and Constitutional Development. The Office is headed by a national director at the
country level and has branch offices in South Africa’s nine provinces. Although legislative
amendments have yet to be made, in 2001 the Office
Was provisionally reorganized as part of the National Prosecuting Authority and has since been
known as the Witness Protection Unit;

(b) Regulates the functions and duties of the Director, including the power to decide on
admission to the programmed. The Director’s decision is based on the recommendations of the
branch office head and the relevant officials from law enforcement agencies and the National
Prosecuting Authority. The Director’s decision to refuse an application or to discharge a person
from protection may be reviewed by the Minister of Justice and Constitutional Development;

(c) Defines the types of crimes for which witnesses may request protection, the procedure to be
followed and the persons eligible to apply. The list of offences is not exclusive as the Director
has the discretion to approve protection for a witness in respect of any other proceedings if
satisfied that the safety of the witness warrants it;

(d) Provides that civil proceedings pending against a protected witness may be suspended by a
judge in chambers, under an ex parte application, to prevent disclosure of the identity or
whereabouts of the witness or to achieve the objectives of the Act. The Office for Witness
Protection is the address at which legal proceedings may be instituted with regard to such a
witness;
(e) Defines offences and severe penalties for any disclosure or publication of information
regarding persons admitted to the program or officials of the Office for Witness Protection so as
to ensure the safety of protected witnesses and program officials. The decision whether any
information is to be disclosed lies with the Director, after consideration of representations and
without prejudice to any other applicable law;
(f) Provides that the Minister of Justice and Constitutional Development may enter into
agreements with other countries or international organizations regulating the conditions and
criteria for the relocation of foreign witnesses to South Africa and their admission to South
Africa’s witness protection program. Any such relocation requires ministerial approval28.

2.4.2. Witness protection program in Germany

Witness protection programs have been in place in Germany since the [Link] were first
used in Hamburg in connection with crimes related to motorcycle gangs. In the following years,
they were systematically implemented by other German states and the Federal Criminal Police
Office. In 1998, the Witness Protection Act was promulgated. The Act included provisions that
Regulated criminal proceedings, with a focus on:
(a) Use of video technology for interviewing at-risk witnesses (especially children testifying as
victims);
(b) Improved possibilities for ensuring the confidentiality of personal data of witnesses at all
stages of criminal proceedings;
(c) Provision of legal assistance for victims and witnesses. Gravity of the offence, the extent of
the risk, the rights of the accused and the impact of the measures;
(d) Confidentiality of information relating to the personal data of protected witnesses within
witness protection units and other government and non-state agencies. The files on protected
witnesses are maintained by the protection units and are not included in the investigation files,
but they are made available to the prosecution on request; Conditions for the issuance of a cover
identity and supporting personal documentation and the allowances to be provided for the
duration of protection. Germany’s witness protection program consists of witness protection
offices established at the federal level and in each state. The Federal Criminal Police Office is
responsible for the protection of witnesses in federal cases and for coordinating functions at the
National and international levels, including:
(a) Preparation of an annual report on the witness protection program;
(b) Organization and conduct of training and continuing education;
(c) Organization of regular conferences involving the directors of federal and state witness
Protection offices;
(d) Cooperation between states, federal agencies and offices located abroad;
28
Wilson, supera note p15.
(e) International cooperation.

In addition, the Federal State Project Group on Quality Assurance in the Field of Witness
Protection – comprised of the directors of seven state witness protection offices and chaired by
the Federal Criminal Police Office – ensures effective cooperation through the development of a
uniform nationwide procedure for admission to the program, creation of a standardized catalogue
of requirements for witness protection caseworkers and common concepts for training and
continuing education29.

2.4.3. Witness protection in Italy

As far back as 1930, the Italian Criminal Code provided for partial or total immunity from
punishment if the offender made reparations for criminal damage or cooperated with authorities
in cases of political conspiracy or gang-related activities.

In the 1970s, the violent rise of the Red Brigades, a Marxist-Leninist terrorist group, propelled
the enactment of a series of laws to encourage dissociation from terrorist groups and
collaboration with the authorities. Although those measures are considered to have been
instrumental in the dismantling of the Red Brigades, none of those laws provided collaborators
with formal witness protection per se.
It was not until 1984, when the Sicilian Mafioso Tommaso Buscetta turned against the Mafia and
started his career as a justice collaborator, that witness protection became formalized. Buscetta
was the star witness in the so-called Maxi-Trial, which led to almost 350 Mafia members being
sent to prison. In exchange for his help, he was relocated under a new identity. Those events
spurred more Mafia members to cooperate, with the result that by the end of the 1990s the Italian
authorities had benefited from the services of more than 1,000 justice collaborators.

At the same time, the Italian process was increasingly being criticized for the questionable
credibility of witnesses and their motivations, and there were allegations of disorganization and
mismanagement of the witness protection program. In response, a comprehensive revision to
Decree-Law No. 82 of 15 March 1991 was undertaken and entered into force in January 2001.

29
Antonio Maria, supra note 2. p 12
One of the main components of the revised legislation was to create within the witness protection
program a separate structure for justice collaborators30.

The main provisions of Decree-Law No. 82, as amended in 2001, are as follows:

(a) Persons eligible for protection:

(I) Witnesses and informants in drug-relate Mafia or murder cases;
(ii) Witnesses to any offence carrying a sentence of between 5 and 20 years;
(iii) Individuals close to collaborators who are in danger;
(b) Types of protection:
(I) A “temporary plan” involving relocation and subsistence for 180 days;
(ii) “Special measures” involving protection and social reintegration plans for
Relocated individuals;
(iii) A “special protection program” which provides relocation, provisional
Identity documentation, financial assistance and (as a last resort) new legal
Identities;
(c) Justice collaborators who receive prison sentences must serve at least a quarter of
Their sentence or, if they have a life sentence, 10 years in prison before they are
Admitted into the protection program;
(d) Decisions on admission are taken by a central commission comprised of:
(I) the Under-Secretary of State at the Ministry of the Interior;
(ii) Two judges or prosecutors;
(iii) Five experts in the field of organized crime;
(e) Changes in identity must be authorized by the Central Protection Service, which is
responsible for the implementation and enforcement of protection measures.

2.4.4. Witness protection in Australia

In 1983, a royal commission highlighted the need in Australia for better use to be made of
informers in the fight against organized crime and, accordingly, for lower-level players to be
given an incentive to inform on organizers. At that time, arrangements for witness protection
30
Ibid.p14
were a matter for individual police forces and approaches differed, with some placing emphasis
on 24-hour protection and others preferring relocation of witnesses under new identities. In 1988,
a joint parliamentary committee conducted a comprehensive inquiry into the issue of witness
protection and its report2 led directly to the introduction at the Commonwealth level of the
Witness Protection Act 1994 and the enactment of mirror legislation in several states and the
Australian Capital Territory. The Act:
(a) Establishes the National Witness Protection Program (NWPP) and sets threshold criteria for a
person to be considered a witness eligible for inclusion in NWPP. A witness becomes a
“participant” once accepted into the program;
(b) Vests the Australian Federal Police with the authority to govern the placement of witnesses
under and their removal from NWPP, including the signing of memorandums of understanding,
the creation of new identities and the restoration of former identities;
(c) Mandates the establishment of a register of participants currently or previously under NWPP,
which must contain information such as the person’s name and new identity and details of
offences of which the participant has been convicted;
(d) Safeguards the integrity of Commonwealth identity documents (tax file numbers, passports)
by providing that identity documents for participants in sub national witness protection
programmers may not be issued unless complementary legislation and ministerial arrangements
are in place in the state or territory relating to the issue of identity documents;
(e) Provides mechanisms to ensure that participants do not use their new identity to evade civil or
criminal liability and stipulates that witnesses may not be included in NWPP as a means of
encouraging or rewarding them for giving evidence or making a statement;
(f) Creates offences relating to the unlawful divulging of information about participants and
creates offences for participants who disclose information related to NWPP.
In 1997, the Act was amended to allow NWPP participants to make disclosures for the purpose
of filing a complaint or providing information to the Commonwealth Ombudsman. In 2002, the
Act was further amended to permit the inclusion of persons in NWPP at the request of the
International Criminal Court. The process for considering a person nominated by the Court for
admission to NWPP is similar to the process for the inclusion of foreign nationals or residents in
NWPP31.

31
Ibid. page 9.
  As of this writing, the following states and territories of Australia had enacted regional
witness protection schemes complementary to NWPP:
 Australian Capital Territory: Witness Protection Act 1996
 New South Wales: Witness Protection Act 1995
 Northern Territory: Witness Protection (Northern Territory) Act 2002
 Queensland: Witness Protection Act 2000
 South Australia: Witness Protection Act 1996
 Tasmania: Witness Protection Act 2000
 Victoria: Witness Protection Act 1999
 Western Australia: Witness Protection (Western Australia) Act 1996

2.4. 5.. China: Hong Kong Special Administrative Region

In response to a call from the police for reform in 1994, the Hong Kong Police Force set up an ad
hoc witness protection program. A similar program was set up in 1998 under the Independent
Commission against Corruption (ICAC). In 2000, the Witness Protection Ordinance was enacted
to provide the basis for protection and other assistance to witnesses and persons associated with
witnesses. This single piece of legislation provides uniform criteria for the operation of the
witness protection program established by the Hong Kong Police Force and ICAC. The
Ordinance32:
a) Establishes a witness protection program to provide protection and other assistance to
persons whose personal safety or well-being may be at risk as a result of their being
witnesses. The program is implemented, at the Police Force, by the Witness Protection
Unit and, at ICAC, by the Witness Protection and Firearms Section. A third unit is
currently being established by the Customs and Excise Department;
b) Stipulates that the person authorized to make decisions on the management of the
program and the inclusion or removal of witnesses is to be designated in writing by the
Police Commissioner and the ICAC Commissioner. As of this writing, that authority lay
with the Director of Crime and Security at the Police Force and with the Director of
Investigation (Government Sector) at ICAC;

32
Antonio Maria, supra note 2. Page 10.
 c) Defines the criteria for admission to the program and the grounds for early termination,
outlining the obligations of witnesses
d) Authorizes the officer with approval authority to take necessary and reasonable action to
protect the safety and welfare of witnesses who have been assessed or are being
assessed for admission to the program, including changing their identity details;
e) Establishes an appeals procedure against decisions that disallow inclusion of a witness
in the program, terminate protection or determine that a change of identity would not be
among the applicable measures. The appeal is reviewed by a special board having the
power to confirm or reverse the original decision. Nothing in the legislation prevents a
witness from challenging further a decision of the original authority or the review board
by means of judicial review;
f) Penalizes the disclosure of information about the identity and location of a witness who
is or has been a participant in the program or information that may compromise the
security of a witness.

2.4.6. Witness protection in Colombia

Colombia’s witness protection program has its origins in the Constitution of 1991, which listed
among the main functions of the Office of the Attorney General the obligation to provide
protection for witnesses, victims and other parties to criminal proceedings. Law No. 418 of 1997
established three distinct witness protection programs accessible upon application to the Office
of the Attorney General. The first provides witnesses with information and recommendations for
their own safety; the second provides limited monitoring of witness’s situations; and the third
involves a change of identity and covers victims, witnesses, parties to proceedings and officials
of the Office of the Attorney General. The third program is managed by a special directorate
headquartered in Bogota and with regional offices in Barranquilla, Cali, Cucuta and Medellin.
There are two divisions: one for operations and one for administrative matters. A special team of
investigators is responsible for evaluating criminal investigations, studying witness participation
in proceedings and ultimately assessing the level of risk and threat that arises as a direct
consequence of such participation. In addition, there is an assistance group (made up of
physicians and dentists), a support network with administrative responsibility for persons already
covered by the program, and a security group responsible for implementing all the Certainly,
Yohannes! Here are some recommendations to strengthen Ethiopia's Witness Protection
Proclamation based on common international best practices and the gaps observed in
Ethiopia’s framework:

1. Comprehensive Legal Definitions and Scope

Recommendation: Expand the legal definitions within the proclamation to clarify who qualifies
as a "witness" and the conditions under which they may be eligible for protection. This includes
families or associates of witnesses who might also face threats.

Rationale: Clear definitions help prevent ambiguity, making the proclamation more effective
and easier to implement.

2. Independent Witness Protection Agency

Recommendation: Establish an independent Witness Protection Agency to oversee the

protection of witnesses and operate separately from police forces to ensure impartiality and
trust.

Rationale: Independence helps avoid conflicts of interest, particularly in cases where law
enforcement itself might be involved in the investigation.
3. Comprehensive Range of Protection Measures

Recommendation: Include a variety of protective measures, such as relocation, identity change,

and psychological support, and outline the process for implementing these protections.

Rationale: A range of measures provides flexibility, allowing authorities to choose solutions

based on the specific needs and risks faced by the witness.

4. Temporary and Permanent Protection Options

Recommendation: Outline temporary versus permanent protection options, based on the

duration of risk, and clarify the conditions for eligibility under each type.

Rationale: Different cases require different levels of protection; flexibility ensures that
resources are allocated effectively, protecting witnesses for as long as necessary.

5. Funding and Resource Allocation

Recommendation: Designate sufficient funding specifically for witness protection, including

resources for personnel, relocation expenses, and psychological support.
Rationale: Adequate funding is essential to ensure the program’s sustainability and reliability,
especially in cases where relocation or high-security measures are needed.

6. Interagency Cooperation and Training

Recommendation: Establish protocols for cooperation between law enforcement, the judiciary,
and witness protection personnel, and provide specialized training to those involved in witness
protection.

Rationale: Effective coordination and well-trained personnel help maintain consistent, secure,
and legally sound protection measures.

7. Protection in Court Proceedings

Recommendation: Ensure that in-court protection measures are available, including the
possibility of testifying anonymously or through video-link for cases where the witness might
face danger by appearing in person.

Rationale: Many threats to witnesses occur in court settings, so specific procedures are
necessary to protect them during testimony.
8. Transparency and Accountability Mechanisms

Recommendation: Implement transparency and accountability measures to regularly review

the efficacy of the Witness Protection Program, including an external review board.

Rationale: Accountability helps maintain trust in the program and ensures that it operates in a
fair, unbiased manner.

9. Legal Support and Counseling for Witnesses

Recommendation: Provide legal and psychological support to help witnesses navigate the
justice system and deal with any trauma they might experience.

Rationale: Witnesses may face significant stress, so emotional and legal support helps maintain
their cooperation and overall well-being.

10. Public Awareness and Education

Recommendation: Educate the public and law enforcement about the Witness Protection
Proclamation, emphasizing its importance and the protection it offers to encourage more
people to come forward.

Rationale: A strong witness protection system only works if witnesses trust it; public awareness
can help foster that trust.

These recommendations could improve the effectiveness of Ethiopia’s witness protection

program by aligning it with best practices observed internationally, such as those in South
Africa and Kenya. A stronger framework helps in protecting witnesses, encouraging
cooperation, and ultimately strengthening the criminal justice system in Ethiopia.

protection measures ordered by the Directorate following the threat assessment.

The third program is open only to witnesses in cases involving kidnapping, terrorism and drug
trafficking and provides for the permanent relocation inside Colombia and change of identity for
witnesses at risk. Witnesses receive financial assistance to start a new life, together with
psychological support, medical care, counselling and assistance with resettlement and the
issuance of new personal documents.

Under the law, participants may be removed from the protection program for any of the
following reasons:
a) Unjustified refusal to submit to judicial procedure;
b) Refusal to accept plans or program for their resettlement;
c) Commission of wrongful acts that seriously affect the protection procedure;
d) Voluntary withdrawal.
The Ethiopian Constitution does not have a specific article solely dedicated to witness protection.
However, the commitment to ensuring justice and protecting life and dignity can be inferred from
several articles.

Article 15 guarantees the right to life, laying a foundation for the state's responsibility to protect
individuals, including witnesses who may be at risk due to their role in legal proceedings. Additionally,
Article 16 upholds the right to security of person, which supports protective measures for witnesses
against threats or intimidation. Together, these articles implicitly encourage safeguarding witnesses as a
means of ensuring justice and fairness in the judicial process.

This constitutional framework provides the groundwork for further legislation or measures that could
offer explicit protection to witnesses in Ethiopia.

Kenya's Witness Protection Program

Witness Protection Act (2006): The act established the Witness Protection Agency (WPA), which
provides the legal foundation for witness protection in Kenya, outlining the rights of witnesses and the
procedures for their protection¹.The primary aim of the witness protection program is to safeguard
witnesses from intimidation and retaliation, ensuring they can provide testimony without fear for their
safety or their families' safety².

It has basic features suchlike,

Relocation and Identity Change: Witnesses may be relocated to secure locations and can receive new
identities to protect them from potential threats³.

It also offers psychological support, legal assistance, and other necessary services to help witnesses
navigate the judicial process⁴.
The WPA operates under the Ministry of Interior and Coordination of National Government and
collaborates with law enforcement agencies and other stakeholders to enhance witness protection⁵. The
agency also conducts public awareness campaigns to educate citizens about the importance of witness
testimony in the criminal justice system⁶.

Corruption and Public Perception: Corruption within law enforcement and a lack of trust in the justice
system discourage witnesses from coming forward⁸.

The Kenyan government has acknowledged the need to improve the witness protection framework and
is actively seeking partnerships with international organizations for support⁹.

References

1. Witness Protection Act No. 16 of 2006, Kenya Law. Available at: Kenya Law.

2. Kenya Witness Protection Agency. (2022). Annual Report 2022. Available at: WPA Report.

3. Muli, J. (2016). "The Role of Witness Protection in the Kenyan Criminal Justice System." Journal of
Criminal Justice and Law Review, 5(1), 23-45.
4. Otieno, D. (2018). "The Impact of Witness Protection on Criminal Trials in Kenya." East African Law
Journal, 15(2), 89-101.

5. Ministry of Interior and Coordination of National Government, Kenya. (2021). National Policy on
Witness Protection. Available at: Ministry of Interior.

6. Ombaka, J. (2020). "Raising Awareness: The Role of Civil Society in Witness Protection." Kenya Law
Review, 4(1), 56-77.

7. Ndung'u, S. (2018). "Challenges Facing Witness Protection in Kenya." Kenya Law Journal, 14(3), 204-
218.

8. International Justice Resource Center. (2020). "Kenya's Witness Protection Program: An Overview."
Available at: IJRC.

9. Kamau, F. (2021). "Public Trust in the Justice System: A Kenyan Perspective." Journal of East African
Studies, 15(3), 341-356.

10. Wanyonyi, M. (2017). "Witness Protection in Kenya: Successes and Challenges." International Journal
of Criminal Justice Sciences, 12(1), 19-28.
Let me know if you need further modifications!

Certainly! Here’s a refined list focusing exclusively on what is lacking in Proclamation No. 699 regarding
witness protection in Ethiopia:

1. Comprehensive Psychological Support: The proclamation does not adequately address the need for
psychological support and counseling services for witnesses. Including provisions for mental health care
would acknowledge the emotional and psychological toll that involvement in legal processes can take on
witnesses.

2. Specific Protections for Vulnerable Populations: There is a lack of specific provisions for vulnerable
groups, such as women, children, and marginalized communities, who may face unique risks.
Recommendations for tailored protections for these populations are essential.

3. Clear Implementation Guidelines: The proclamation lacks detailed implementation guidelines

outlining specific processes, timelines, and responsibilities for stakeholders involved in witness
protection. This absence can lead to inconsistent application of the law.

4. Retaliation Prevention Framework: There is insufficient emphasis on measures to prevent retaliation

against witnesses, including stronger legal protections and penalties for those who threaten or harm
witnesses.

5. Community Outreach Initiatives: The proclamation does not mention community outreach or public
awareness initiatives aimed at educating the public about the importance of witness protection and the
rights of witnesses. This could foster a supportive environment for witnesses.
6. Monitoring and Evaluation Mechanisms: There is no provision for monitoring and evaluation of the
witness protection program's effectiveness, which is crucial for identifying shortcomings and improving
services.

7. Inter-Agency Coordination: The proclamation does not sufficiently promote coordination among
various governmental agencies involved in the witness protection process. Enhanced collaboration is
needed to ensure a unified approach to protection.

8. Legal Framework for Confidentiality: While confidentiality is mentioned, there is a lack of detailed
legal mechanisms to ensure the protection of witness identities and sensitive information from
unauthorized disclosure.

9. Financial Support Mechanisms: The proclamation does not provide for financial assistance or
compensation for witnesses who may face economic hardships due to their participation in legal
proceedings.

10. Access to Legal Assistance: There is a lack of explicit provisions for ensuring that witnesses have
access to legal counsel throughout the process, which is vital for their protection and understanding of
their rights.

By addressing these gaps, Proclamation No. 699 can be improved to more effectively safeguard and
support witnesses in the Ethiopian legal system.