PROTECTED WITNESSES

Authors

  • Lejla Softić Intern at the Basic Court of Brčko District, Bosnia and Herzegovina Author

Keywords:

Witness, witness protection, testimony, legal framework, physical harm, psychological support, SIPA

Abstract

The aim of this article is to disseminate the role of a witnesses in criminal proceedings, integral part of it being potential disadvantages for their health, life and security. As it is important to have a witness, it is of the same importance to provide them adequate protection and security. Sensitive cases involving highly confidential information or people infamously known for their illegal activities, mostly obstruct the will to testify, invoking fear and concern for close relatives and friends. It is evident that there is a need for legal framework to ensure adequate flow of the proceeding and allow people to testify, ultimately contributing to reaching of a fair judgment. Bosnia and Herzegovina drafted two special laws: Witness Protection Program Law and the Law on Protection of Witnesses under Threat and Vulnerable Witnesses. Content of the laws are to be studied in order to identify which protection measures could be applied and who exactly is considered eligible to be a protected witness. Article further elaborates on execution of protective measures, established by provisions of mentioned laws and scope of activities entrusted to the State Investigation and Protection Agency. The article will further stress the key role of a witness protection in combating serious crimes.

Published

28.03.2025