12.07.2015 Views

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

View/save PDF version of this document - La Strada International

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

Part One. Article 24 219Rolling text (A/AC.254/4/Rev.5)“Article 18“Protection <strong>of</strong> witnesses and victims“1. Each State Party shall adopt appropriate measures [within its means] to provideeffective protection from potential retaliation or intimidation for witnesses in itscriminal proceedings who agree to give testimony concerning the crimes covered by<strong>this</strong> Convention and, as appropriate, for their relatives and other persons close to them.“2. The measures envisaged in paragraph 1 <strong>of</strong> <strong>this</strong> article may include, amongother things, without prejudice to the rights <strong>of</strong> the defendant, including the right todue process:“(a) Establishing procedures for the physical protection <strong>of</strong> such persons, suchas, to the extent necessary and feasible, relocating them, and permitting, where appropriate,non-disclosure or limitations on the disclosure <strong>of</strong> information concerning theidentity and whereabouts <strong>of</strong> such persons;“(b) Providing evidentiary rules to permit witness testimony to be given in amanner that ensures the safety <strong>of</strong> the witness, such as permitting testimony to begiven through the use <strong>of</strong> communications technology such as video links or otheradequate means.“3. States Parties shall consider entering into arrangements with other Statesfor the relocation <strong>of</strong> persons described in paragraph 1 <strong>of</strong> <strong>this</strong> article.” 11Seventh session: 17-28 January 2000Notes by the Secretariat2. Delegations based their comments on the text <strong>of</strong> article 18 <strong>of</strong> the revised draft conventioncontained in <strong>document</strong> A/AC.254/4/Rev.6, which was the same as that containedin <strong>document</strong> A/AC.254/4/Rev.5.Rolling text (A/AC.254/4/Rev.7)“Article 18 12“Protection <strong>of</strong> witnesses“1. Each State Party shall adopt appropriate measures within its means to provideeffective protection from potential retaliation or intimidation for witnesses in itscriminal proceedings who give testimony concerning the crimes covered by <strong>this</strong>Convention and, as appropriate, for their relatives and other persons close to them.11Former paragraph 4 was replaced by a new article 18 bis, the text <strong>of</strong> which was proposed by the Chairman <strong>of</strong> theAd Hoc Committee at its fifth session.12The text <strong>of</strong> <strong>this</strong> article was provisionally approved at the informal consultations held during the seventh session <strong>of</strong>the Ad Hoc Committee and recommended by the Chairmen <strong>of</strong> the informal consultations as the basis for the considerationand approval <strong>of</strong> the article by the Ad Hoc Committee at its eighth session.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!