Einde inhoudsopgave
United Nations Convention against corruption
Article 32 Protection of witnesses, experts and victims
Geldend
Geldend vanaf 14-12-2005
- Bronpublicatie:
31-10-2003, Trb. 2004, 11 (uitgifte: 23-01-2004, kamerstukken/regelingnummer: -)
- Inwerkingtreding
14-12-2005
- Bronpublicatie inwerkingtreding:
18-10-2005, Trb. 2005, 244 (uitgifte: 18-10-2005, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal strafrecht / Bijzondere onderwerpen
Internationaal publiekrecht / Bijzondere onderwerpen
1.
Each State Party shall take appropriate measures in accordance with its domestic legal system and within its means to provide effective protection from potential retaliation or intimidation for witnesses and experts who give testimony concerning offences established in accordance with this Convention and, as appropriate, for their relatives and other persons close to them.
2.
The measures envisaged in paragraph 1 of this article may include, inter alia, without prejudice to the rights of the defendant, including the right to due process:
- a)
Establishing procedures for the physical protection of such persons, such as, to the extent necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons;
- b)
Providing evidentiary rules to permit witnesses and experts to give testimony in a manner that ensures the safety of such persons, such as permitting testimony to be given through the use of communications technology such as video or other adequate means.
3.
States Parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article.
4.
The provisions of this article shall also apply to victims insofar as they are witnesses.
5.
Each State Party shall, subject to its domestic law, enable the views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings against offenders in a manner not prejudicial to the rights of the defence.