EU standards in witness protection and collaboration with justice IRCP series, 25

Description

quot;This book presents the results of a study conducted for the European Commission, aimed at preparing legislative European initiative in the areas of both procedural and non-procedural witness protection and collaboration with justice. Already the March 2000 Strategy for the beginning of the new millennium, on the prevention and control of organised crime, had called for such initiative. brbrThe book 39;EU standards on witness protection and collaboration with justice39; contains well-balanced proposals for three new framework decisions regarding respectively anonymous witnesses, collaborators with justice and protected witnesses.brbrThe envisaged mandatory minimum scope for which member states are recommended to introduce the three concepts goes beyond the traditional area of offences committed in the framework of a criminal organisation or participation in such organisation, covering also terrorism-related offences and offences within the jurisdiction of the International Criminal Court ICC. In addition - building on the mutual recognition idea - it is suggested that evidence obtained in one member state having recourse to either anonymous or protected witnesses or collaborators with justice in cases relating to other EU core crimes than the above mentioned crime types, is valid in other member states, at least, i.e. where obtained from anonymous witnesses or collaborators with justice, as supportive evidence. Full mutual recognition is also proposed for a member state39;s decision to grant a collaborator with justice immunity from prosecution, to the effect that such decision, at least where taken following prior consultation with Eurojust, bars prosecution for the same offences in other member states also.brbrFurther, the proposals provide cooperation schemes for long-term relocation in one of the member states of protected witnesses even where identity change is required or desired if requested by another member state or by the ICC or another international criminal tribunal.brbrObviously, the acquis of the Strasbourg jurisprudence has been fully reflected in the study and in the proposals. The study also takes account of European and international soft law on the matter as welf as of best practice, incorporating relevant Europol experience. Moreover, in order for the proposals to adequately reflect the variety in criminal justice systems throughout Europe, the researchers have conducted legal analyses and surveys with practitioners and other experts in selected countries. In addition, reflection has been broadened through working meetings with Eurojust, the International Criminal Tribunal for the Former Yugoslavia ICTY and the European Commission.brbrThis book is essential reading for policy makers, judicia and law enforcement authorities throughout the European Union or from a broader international context. lt wilt be appealing also to researchers and anyone involved or taking an interest in witness or victim protection andor combating cross-border crime at European or international level.quot;