Ensuring the unrecognizability of protected witnesses during interrogations
Practice in courts
The examination of a witness under protection shall be carried out in a closed hearing and his written testimony shall be announced by the judge. However, there is no principle of adversarial procedure, and the lawyers of the accused cannot ask questions to the witness. But based on an assessment of the danger to the life of the witness or victim and his families, the judge can make such a decision.
In world practice, after a witness is granted the status of a protected person during a trial, a judge or a court of justice may decide on special procedural measures:
1) Interrogation of a witness under protection during trial shall be carried out in a closed hearing and his written testimony shall be announced by the judge.
However, there is no principle of adversarial procedure, and the lawyers of the accused cannot ask questions to the witness, but based on an assessment of the danger to the life of the witness or victim and his family, the judge can make such a decision.
2) Interrogation of a witness under protection is carried out using video communications and special technical means, excluding the identification of the witness by his voice and his image on the screens in the courtrooms
The witness identification is carried out in the interrogation room by an authorized person of the court or by transferring the video of the witness to the judge’s personal monitor.
