Responding appropriately to complex transnational and international crimes requires a multifaceted approach that includes a robust criminal justice response. Witness testimony is a crucial part of this. Witnesses, and often their family members, can face significant danger given their crucial role in obtaining a conviction. Africa has seen situations where witness intimidation and harm have led to case dismissals and acquittals. Ultimately, justice fails in these circumstances. Obstacles such as insufficient funding, shortage of skills and weak political will must be addressed.
Recommendations:
- Governments should promote greater understanding of the pivotal role of witness protection services among policymakers and legislators in governments, where such services do not exist
- Governments should undertake costing exercises to provide legislators with an understanding of the cost implications for envisaged new witness protection services, and to allocate adequate annual budgets
- Governments should pass domestic witness protection legislation to create independent witness protection services that
can address the needs of witnesses in a holistic way - Governments should seek technical support from experienced external organisations and other governments to design witness protection legislation and systems
Governments should explore the range of approaches to managing the costs of witness protection, e.g. incremental implementation of services and prioritising witness protection based on the level of the potential threat