PART II. COURT, PARTIES AND OTHER PARTICIPANTS OF CRIMINAL PROCEEDINGS

CHAPTER 7. OTHER PERSONS PARTICIPATING IN CRIMINAL PROCEEDINGS

Article 61. Rights and Duties of a Witness

(1) Witness has the right to :

1) testify in his native language or in any other language he speaks, use services of an interpreter ;
2) challenge the interpreter participating in his interrogation ;
3) personnaly write down the testimony ;
4) study the transcript of the interrogation, make necessary additions and changes to it ;
5) use written notes and documents when giving his testimony ;
6) lodge complaints against actions of the preliminary investigator, investigator, prosecutor, and the court ;
7) be reimbursed for his expenses incurred during the proceedings on the criminal case, and for damages caused unlawfully by actions of the agency conducting the criminal proceedings ;
8) receive back the property seized by the agency conducting the criminal proceedings as exhibits for the trial or on the other grounds and the originals of the official documents belonging to him ;
9) have a defense attorney when interrogated.

(2) Witness shall :

1) appear when summoned by the investigator, prosecutor, court ;
2) truthfully report all that he knows regarding the case and answer questions ;
3) not divulge, without the permission of the interrogator, the information about the circumstances of the case that are known to him ;

(3) When the witness fails to appear without justifiable reasons, he may be brought to court and fined in the amount of up to two estimated rates as provided herein by Articles 120 and 121.

(4) For perjury and for refusal or evasion to testify, the witness shall be liable in accordance with Article 330 and 331 of the Criminal Code of the Kyrgyz Republic.

Article 68
Protection of the victims and witnesses and their participation in the proceedings
1. The Court shall take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. In so doing, the Court shall have regard to all relevant factors, including age, gender as defined in article 7, paragraph 3, and health, and the nature of the crime, in particular, but not limited to, where the crime involves sexual or gender violence or violence against children. The Prosecutor shall take such measures particularly during the investigation and prosecution of such crimes. These measures shall not be prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
2. As an exception to the principle of public hearings provided for in article 67, the Chambers of the Court may, to protect victims and witnesses or an accused, conduct any part of the proceedings in camera or allow the presentation of evidence by electronic or other special means. In particular, such measures shall be implemented in the case of a victim of sexual violence or a child who is a victim or a witness, unless otherwise ordered by the Court, having regard to all the circumstances, particularly the views of the victim or witness.
3. Where the personal interests of the victims are affected, the Court shall permit their views and concerns to be presented and considered at stages of the proceedings determined to be appropriate by the Court and in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial. Such views and concerns may be presented by the legal representatives of the victims where the Court considers it appropriate, in accordance with the Rules of Procedure and Evidence.
4. The Victims and Witnesses Unit may advise the Prosecutor and the Court on appropriate protective measures, security arrangements, counselling and assistance as referred to in article 43, paragraph 6.
5. Where the disclosure of evidence or information pursuant to this Statute may lead to the grave endangerment of the security of a witness or his or her family, the Prosecutor may, for the purposes of any proceedings conducted prior to the commencement of the trial, withhold such evidence or information and instead submit a summary thereof. Such measures shall be exercised in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and impartial trial.
6. A State may make an application for necessary measures to be taken in respect of the protection of its servants or agents and the protection of confidential or sensitive information.