Analysing the effectiveness of the legal framework on witness protection at the International Crimes Division of the High Court in Uganda

Abstract

Witnesses play an indispensable role in the justice system. As Bentham says “Witnesses are the eyes and the ears of justice.” They assist the Court in deciding the guilt or otherwise of the Accused person. They are crucial in criminal proceedings; from reporting of crime to its conclusion. Therefore, witness protection is defined as the process in which witnesses who testify in criminal trials are provided with specific procedural and non-procedural protection measures aimed at effectively ensuring theirs and sometimes including their relatives' safety before, during and after their testimony. The concept of witness protection has been used as an important tool in combating organized crime and investigating crimes of a serious nature. Currently, various countries have established specialized programs or have come up with legislation that provides for witness protection. Measures such as: the use of video testimonies, allowing the witnesses to remain anonymous, concealment of witnesses or the exclusion of the general public from a hearing, among others are aimed at protecting the witness’s identity, privacy, dignity and protecting their physical security. In Uganda, witness protection is provided for in the International Criminal Court Act, Cap. 14 (ICCA).

Keywords: Witness protection, International Crimes Division