A programme of protection exists but rarely applied

The State Investigation and Protection Agency (SIPA), which is responsible for implementing the programmes of protection, say that several witnesses in war crimes trials are included in programmes, emphasising that so far, the programmes have been implemented successfully.

Last year, in order to ensure that protection is more efficient and better, a law was adopted which specifies measures in relation to a 10-year-old previous law.

The implementation of programme usually requires the co-operation with other countries. Experts explain that information regarding how many witnesses are in the programme is secret, but they also point out that the programme is rarely applied. As an example of that, they say that out of one million citizens, only three cases are included in the programme of protection.

Although rarely used, experts believe that it is very important that it exists because it gives the opportunity to witnesses to be fully protected and testify without the fear that they, or their families, will be put at risk.

Eligibility checks

Testimonies of key witnesses, without whom a serious crime cannot be proven, may be included in the programme of protection when they are threatened because of their testimony. To such witnesses, entering into the programme of protection is offered only when they receive a threat, but also when there are no other means of protection.

The law that regulates this matter was adopted more than ten years ago. Because of the identified deficiencies, a new law was adopted last year, and it specifies certain provisions. In the programme of protection only witnesses who testify in cases of war crimes, terrorism, organized crime and offences that are punishable by five years in prison, can be accepted.

The law also specifies detailed procedures regarding the initiating of the entry procedure into the programme. The Court and the Prosecution of Bosnia and Herzegovina may propose which witness may enter into the programme of protection

Dragisa Andric, who works in the Witness Protection Department of SIPA, explains that prior to entering the programme, certain checks on the eligibility of the proposed witness are made.

Andric points out that psychological and security checks of witnesses are performed in this phase, as well as for all people who entering into the programme together with that individual. After that, they suggest the measures which should be assigned, and how long they should last, and predict the financial costs for implementing the programme.

The opinion of SIPA is then submitted to the Commission which, according to law, is constituted of one judge of the Court of Bosnia and Herzegovina, one prosecutor of the State Prosecution, and of the Chief of SIPA’s Witness Protection Department.

“The Commission decides whether the programme will be initiated or not. If the Commission decides to start the program, then we conclude agreements with both witness and the persons who enter the programme of protection regarding the rights and obligations of both parties in the programme. From the date of signing the agreement, we can say that the implementation of the programme has started,” explains Andric.

The law provides measures of protection that can be applied in the programme, such as the physical and technical protection of the witness, relocation within or outside of Bosnia and Herzegovina, or concealment or complete change of identity.

Stjepan Gluscic, a professor of the High Police School, who was a member of the working group for drafting the Witness Protection Law in Croatia, says that for the implementation of some of these measures international co-operation and agreements between countries is very important. This allows the possibility to provide protection of the witness outside of their country.

“This is key, because if you have a small population in the state, and we are small countries, it is difficult for you to successfully operate there,” explains Gluscic.

Giving up the previous life

SIPA says that so far, several witnesses from war crimes cases in Bosnia and Herzegovina are included in programmes of protection, which they say, have been successfully implemented for now.

The Prosecution of Bosnia and Herzegovina believe that although the programme of witness protection in war crimes cases is not applied much, the new legal provisions will enable the better and more effective enforcement of protection measures.

All information about the programmes is secret, and therefore it is not known how many witnesses in Bosnia and Herzegovina and Croatia are included in the programmes. Professor Gluscic says that although the programme of protection is rarely applied, it is important that it exists because it provides psychological sense of security to witnesses.

“On the whole, it is essential that the measure can be applied. It is rare, and statistics show that out of one million citizens, protection as a serious method outside and in the process has been used in only three cases,” says Gluscic.

Nevertheless experts point out that entry into the programme is not easy because those who enter into it often have to give up their previous life.

“They have to give up a lot of things, their human rights and freedoms. Their movements must be limited. We are determining their place of residence; they must terminate the relationship with their former life…

They need to change friends, to have a new life, and maybe to change country,” said Andric, explaining that due to such strict measures many witnesses, when becoming acquainted with all this information, decide to give up on the programme.

Although the programme of witness protection in Bosnia and Herzegovina can be carried out only at the request of state judicial institutions, representatives of other prosecutors’ offices say that if it happens that they need such protective measures for some witness, they would transfer the case to the Court of Bosnia and Herzegovina.

“If it is a matter of key witness who would finalize the case, then we would propose to them to take him, so that they provide these protection measures. In such cases, we would propose to the Court of Bosnia and Herzegovina to give this case to the Prosecutor’s Office of Bosnia and Herzegovina, because they have such protection capabilities through SIPA,” said Jasmin Mesic, prosecutor of the Cantonal Prosecution in Bihac.

The financial resources for the implementation of the programme are provided in the budget of Bosnia and Herzegovina, and the SIPA says that it is not possible to say how much one programme costs, because it depends from case to case. They also added that for now, they have sufficient and long-term financial resources.