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| Legislation |  | Witness Protection Authority |  | | | Authorities of the Minister | | | | Family Group Conferences | | | | Forfeiture of Profits from Publications Describing Offenses | | | | Legislation Protecting Minors from Sex Offenders | | | | Video Conference | |
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| Introduction of an Authority for the Protection of Threatened Witnesses |
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The report of the initiation committee for the protection of witnesses 5764 (2004) recommends to assemble a special authority, by legislation, that would provide threatened witnesses with protection in special cases of extreme offences, in order to encourage them to testify uninhibitedly.
Submitted to the General Prosecutor and the Chief of Police, the report stipulates to provide the authority with effective measures to protect witnesses in various ways.
The program essentially consists of the establishment of an authority for the protection of threatened witnesses in crucial and severe cases, which will be assigned with three major roles:
- To protect the witnesses which have been accepted to the protection scheme, which will last even after the end of the legal process according to the severity of the threat and the degree of danger to the witness.
- To develop and distribute methods and rules, including professional knowledge collection, international cooperation and personnel qualification.
- To increase the public appeal and the civilian duty to honestly testify, whether in court or at the police station.
The witness protection program will include, according to each case, physical and electronic protection; option to change the witness’ identity in different means; in extreme cases, providing the witness and his/her family with a hideout abroad; while taking care of difficulties that might rise consequently and while cooperating with the destination states; severe punishment to all those who might threaten witnesses or hurt them, even after their testimony, up until the danger will cease to exist; and enhancement and advancement of legal processes, in order to cut down the lag between the offence and the testimony.
The official inter-ministerial committee founded July 25th 2002, among whose members are civil servants from the Ministry of Internal Security, the Police, the Ministry of Justice and the Ministry of Finance, has submitted the report with the objective of fighting organized and severe criminality.
Establishing this authority consists of many advantages. Firstly, it ensures specific and professional treatment of the fully pertinent aspects, while allocating the proper budgets and resources. It contributes to the completion of the criminal process and helps to solve the common, yet usually underreported problem of witnesses who refuse to testify in fear for their lives. Another advantage is the professionalization of the authority in a progressive learning process, in order to provide better treatment in future cases, both by the authority and the police.
Establishing this authority will contribute to reduce severe criminality in Israel and support the struggle against it, and thus will contribute to the social stability of the nation and its values. Similarly, the authority will assist in narrowing the overarching financial damage caused by the spreading economic criminality.
The committee’s stipulations include regulations regarding the structure and the staff of the authority, rules for handing witnesses over to the authority for the purpose of protection, and building up protection plans for each case. Similarly, rules are stipulated for signing an agreement with the witnesses, and the relations with the police and the Ministry of Justice are defined, in order to ensure cooperation on a daily basis. Furthermore, the report defines the rules for confidentiality and classification, as well as providing the authority with special mandates.
Establishing the authority meets the demand to form a comprehensive frame for systematic treatment of this phenomenon. Currently, the responsibility for the protection of witnesses is divided between three departments in the Israeli Police Force, with restricted budget, without professionally qualified staff or defined regulations. Moreover, the police are preoccupied with numerous other tasks. Sparing the police of responsibility in this field will allow them to better deal with the routine. As things are today, in light of the organizational and budgetary limitations, many witnesses do not receive any kind of protection, and those who do, receive it only partially. Therefore, it is recommended to assign an independent and professional authority, supervised by the Minister of Justice or the Minister of Internal Security, to deal with the matter. Simultaneously, the police will continue to professionally and skillfully treat witnesses that will not be handed over to the authority, while backing it with the necessary means.
Establishing the authority will be subject to a law, which will elaborate on its assemblage, responsibilities and powers.
During its deliberations, the committee has collected comprehensive material, including professional references. The committee has laid the foundation of the authority on similar models in Europe and the United States, in accordance with Israel’s special features.
The committee has calculated that establishing the authority will cost NIS3.3-4 million, plus a yearly budget of NIS16-20 million. The cost of first year might be slightly higher. This comes in addition to financing the police witness protection programs.
The budgetary implications of the report are currently being looked into.
Establishing this authority will vitally contribute to the struggle against organized criminality and its damages.
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לגרסת הדפסה |
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