As a victim you may also be asked to be a witness in the criminal trial. It is important that you are safe when you testify. If this is not the case, the State is obliged to protect you from any danger.
If there is any danger to your life or health because of your testimony, the State is under an obligation to protect you. In that case you have the right to ask for protection and special protection.
Special protection
You can ask for special protection if you think that you are in danger as a witness in criminal proceedings. Dangers may include:
- An attack on your life or health or other interests as a result of your role in uncovering a crime or testifying in a criminal trial
- Real threats to your life or health or other interests as a result of your role in uncovering a crime or testifying in a criminal trial
- You have not received any real threats yet, but there are sufficient grounds to believe that your life, health or other interests may be in danger as a result of your role in uncovering a crime or testifying in a criminal trial
You may only ask for special protection if your testimony is used for uncovering a serious crime or other crime perpetrated by an organized criminal group. Even if there is a real threat to your life and health because of your testimony in relation to a less serious ordinary crime, the State will still have to protect you.
If you are not protected, and as a result, you or other people close to you are attacked because of your testimony, this may, depending on the circumstances, violate your, or their, right to life or prohibition of inhuman treatment.
How to ask for protection
If you believe that you are not safe during criminal proceedings, you should request protection. This is granted by the supervising prosecutor or the court. In addition, you can ask for special protection from the supervising prosecutor or the court. Special protection can be granted only by the Prosecutor General through the Bureau for Protection of the Prosecutor General. Therefore, if the prosecutor in charge of the case or the court decide that you should be granted special protection, he/she will send that suggestion to the Prosecutor General. If they decide that you don’t need special protection, such refusal must contain sufficient reasoning. The refusal for special protection is not subject to appeal.
Types of protection
There are several types of special protection. Some of the special protection measures involve:
- Ensuring protection by security guards
- A change of identity
- A change of residence or job
- Relocation to another state, etc
The official who makes the decision to grant special protection to you also has the right to determine which type of protection is the most suitable for your situation.
Private life
Your private life must be protected during criminal proceedings. Photographs, videos or any other recordings of you taken during the investigation cannot be published in media without your permission. These materials can be published only if they are necessary for solving the crime. The publication of these materials without your permission and without justification may result in a violation of your right to a private life.