Witness Support and Protection at ICTR

The Witness and Victims Support Section was established in 1996 pursuant to the Tribunal’s Statute and Rules of Procedure and Evidence, under the authority of the Registrar. Its mission is to ensure the timely availability of witnesses by providing impartial support and protection services to all witnesses and victims called to testify. The Section consists of two Units: one for Prosecution witnesses and one for Defence witnesses. The following services are being provided:

I. Provide impartial support and protection services to all witnesses and victims who are called to testify before the Tribunal:

Childcare during the absence of the witness from the country of residence;
Hiring of guards for security and maintenance of the witnesses’ farms;
Administrative assistance: leave of absence;
General medical and psychological care on a need basis;
Other specialized care such as gynecological, dental, ophthalmologic, laboratory, X-Ray, HIV medications in some cases;
Assistance provided by Witness Support Assistants on a twenty-four hours basis;
Assistance in acquisition of travel documents, entry, transit and re-entry visas before the journey to Arusha and after testimony.

Safe movement of witnesses, including the transfer and return of detained witnesses between their countries of residence and Arusha;
Security escort for witnesses during international travels to and from Arusha;
Twenty-four hours security surveillance provided by Tanzanian and ICTR security officers during the stay of witnesses in Arusha;
Escort of witnesses to the courtroom by a security officer;
Accommodation of protected witnesses at safe houses;
Concealment of the identity of protected witnesses by using pseudonyms and by placing them in a witness’ box in the courtroom out of sight by the public;
In camera testimony;
Transcript redaction;
Internal relocation of vulnerable witnesses and their family or witnesses whose security is particularly at risk.

The Support Programme for Witnesses and Potential Witnesses includes psychological counseling and access to medical care for witnesses appearing before the Tribunal who are also victims of sexual assault. A trained psychologist, a gynecologist and nurse-psychologist were recruited for Kigali and paid from the Trust Fund. The programme is currently run in coordination with the Witnesses and Victims Support Offices in Arusha and Kigali with the medical support of the Kisementi Medical Centre, Kigali. The Trust Fund also bears the costs involved in medical bills and related procedures for witnesses. About one-third of the expenses are oriented towards medical consultations and treatment of witnesses and victims of rape and sexual assault who have tested positive for HIV/AIDS.

The Witnesses and Victims Support Section is responsible for protecting the privacy and ensuring the security and safety of all witnesses called by both the Defence and the Prosecution. The Section also is responsible for the movement of the witnesses from the place of residence to the headquarters of the Tribunal in Arusha where they are called to testify. It provides the witnesses with all required assistance to enable them to travel safely and to testify in a secure and conducive environment.

In the course of the judicial proceedings, a Judge or a Chamber can grant special measures before, during and after the trial to protect witnesses of either the Prosecution or the Defence. For this purpose, witnesses must establish before the Judges that they and/or their families are at risk because of their testimony. Special measures ordered by a Chamber usually involve the concealment of the name and identity of the witness from the public and the media.

In spite of the security situation in the countries of residence of some of the witnesses and the complexity of making travel arrangements in the Great Lakes Region, the Witnesses and Victims Support section has been able to facilitate the travel of around 250 witnesses (Prosecution and Defence) to Arusha from more than 15 African, European and American countries.

The Section in turn ensures that these measures are implemented. A post-trial witness programme has already assured the relocation of more than 20 witnesses thought to be particularly at risk. Some of them have been relocated in countries outside Rwanda while others have been relocated within Rwanda.

The Section also has been able to organize, accommodate, provide multifaceted support and the physical and international protection of witnesses. The intervention of the Section in the host countries of witnesses has made it possible to resolve legal and practical immigration problems with the governments concerned.

The Section also has discharged the difficult task of maintaining the anonymity of witnesses and following up on them after their testimony. This has encouraged other witnesses to agree to travel to Arusha and more willingly participate in the search for justice at the ICTR.