LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 7 - Order of presentation of evidence at the main trial

In the course of the main trial, the Court may hear witnesses under threat and vulnerable witnesses at the earliest possible time and shall have the possibility of hearing those witnesses at the main trial in a different order from the one stipulated by the CPC BiH.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 8 - Examination

(1) The judge or the presiding judge shall exercise an appropriate control over the manner of the examination of witnesses when a vulnerable witness is examined, particularly to protect the witness from harassment and confusion.

(2) In exceptional circumstances, if the Court finds it to be in the witness’s best interest, the Court may, with the consent of the parties and the defense attorney, hear a vulnerable witness by posing questions directly to the witness on behalf of the parties and the defense attorney.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 9 - Testimony by using technical means for transferring image and sound

When determining whether there are justified reasons for examining a witness using technical means for transferring image and sound in such manner as to permit the parties and the defense attorney to ask questions although not in the same room as the witness, the need to provide for the protection of witnesses under threat and vulnerable witnesses shall also be taken into account.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 10 - Removal of the accused

(1) Where there is a justified fear that the presence of the accused will affect the ability of the witness to testify fully and correctly, the Court may, either ex officio or upon the motion of the parties or the defense attorney, and after hearing the other party and the defense attorney, order that the accused be removed from the courtroom.

(2) If removed from the courtroom the accused shall be enabled to follow the testimony through technical means for transferring image and sound, or the testimony shall be recorded and presented to the accused.

(3) The defense attorney shall be present at the hearing. After the testimony has been presented to the accused but before the witness is released, the defense attorney and the accused shall have the opportunity to consult.

(4) A decision pursuant to paragraph 1 of this Article is subject to appeal by the parties and the defense attorney. The Panel of the Appellate Division shall consider the appeal within 72 hours following the day the appeal is received.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 12 - Limitation of the right of an accused and his defense attorney to inspect files and documentation

(1) In exceptional circumstances, if revealing some or all of the personal details of a witness or other details would contribute to identifying a witness, and would seriously endanger the witness under threat, the preliminary proceedings judge may, upon the motion of the Prosecutor, decide that some or all of the personal details of a witness, may continue to be kept confidential after the indictment is issued.

(2) The prosecutor shall immediately notify the accused and his defense attorney of the submission of the motion referred to in paragraph 1 of this Article.

(3) If possible, the preliminary proceedings judge shall hear the accused and his defense attorney prior to issuing the decision referred to in paragraph 1 of this Article. The decision of the preliminary proceedings judge must be issued within 72 hours following the day the motion is received.

(4) No appeal shall be permissible against the decision referred to in paragraph 1 of this Article.

(5) If the preliminary proceedings judge was unable to hear the accused and his defense attorney prior to the decision referred to in paragraph 1 of this Article, the Court shall hear them immediately upon receiving the indictment.

(6) The Court may revoke the decision referred to in paragraph 1 of this Article, either ex officio or upon the motion of the accused or his defense attorney.

(7) Upon the motion of the Prosecutor, the Court shall revoke the decision referred to in paragraph 1 of this Article.

(8) The Court shall at all stages in the proceedings be mindful of the need to release, as soon as possible, the information to which the decision referred to in paragraph 1 of this Article pertains. Sufficient details shall be released for the defense to prepare for examination of a witness. The information must be released at the latest when the witness testifies at the main trial.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 21 - Use of Protected Witness Testimony

(1) At the main trial of the criminal case, the Court shall have the testimony of the protected witness read out loud from the record of the witness protection hearing.

(2) The Court shall not need the agreement of the parties in the case to have the testimony read out loud.

(3) With the consent of the Prosecutor and the accused and his defense attorney, the judge or the Panel may waive the reading of the testimony out loud.

(4) The witness may not be called to give testimony other than the testimony at the witness protection hearing as prescribed under Article 19 paragraph 2 (c) of this Law.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER II - WITNESS PROTECTION MEASURES

Article 22 - Additional Questions

(1) The Court may, either ex officio or upon the motion of the Prosecutor or of the accused or his defense attorney, decide that the protected witness be heard on additional questions:

a) to clarify previously given testimony; or

b) relating to information that was not covered by the previously given testimony and are material to the case.

(2) The Court shall conduct such additional witness protection hearing, in the manner provided for in Article 18 – 20 of this Law, as is necessary for the full and proper establishment of facts. The questions and the answers are recorded and read out in the manner provided for in Article 21 of this Law.

LAW ON PROTECTION OF WITNESSES UNDER THREAT AND VULNERABLE WITNESSES

CHAPTER III - OTHER PROVISIONS

Article 24 - Confidentiality

(1) Information that a person who performs official duties in connection with witness protection measures acquires in the course of those duties relating to witness protection measures, constitutes an official secret.

(2) The Court or the Prosecutor shall warn persons who are present at hearings, or who are otherwise given possession of such secret information in the exercise of their official or professional duties, that the unauthorised disclosure of such information is a criminal offence.

(3) A person who performs official duties in connection with witness protection measures and who acquires information referred to in paragraph 1 of this Article cannot be required in any proceeding in any court, tribunal, or commission of inquiry, however described, to produce any document or divulge or communicate any matter relating to that information.