Does the new Law on protection of witnesses ensure sufficient guarantees for protecting people who report corrupt actions?

Participants to the broadcast: Lilia Ionita, Expert / Lawyer at the Centre for Analysis and Prevention of Corruption (CAPC); Virginia Moraru, Inspector at the Civil Interaction and Prevention Division of the Centre for Combating Economic Crime and Corruption (CCECC); Iurie Slivciuc, Head of Victims’ and Witnesses’ Protection Division of the Centre for Combating Trafficking in Human Beings, Ministry of Interior.

INTRODUCTION

We heard a lot about witness protection programmes from police movies and movies about COSA NOSTRA. Recently, I discovered that the legislation of the Republic of Moldova also provides for witness protection procedures; these cases have been regulated since 1998. During the current year spring the Parliament has passed a new Law on Protection of Witnesses and Other Participants to the criminal proceedings. Today in our radio broadcast we will discuss about the new proceedings meant for witness protection that are provided by the new law and about the measures to be applied when protecting witnesses in corruption cases. Thus, the topic of today’s radio broadcast is the following: “Does the new Law on protection of witnesses ensure sufficient guarantees for protecting people who report corrupt actions?”

QUESTIONS:

1. As I have mentioned during the introduction words, we had a Law in the Republic of Moldova on Witness Protection that was passed back in 1998.

I think that very few people heard about it and I think that even less people know real cases when this law was enforced. Why was it necessary to pass a new law for protecting witnesses and the persons favouring the criminal proceedings and what are the innovations proposed in the new law?

2. What do we understand by “witness and other participants” in the definition of the Law on Witness Protection? Who are the persons who can benefit from protection during criminal proceedings? How and when such a protection may be requested for?

3. How and when can a person request for enforcement of protection measures, in case he/she finds out about a corruption case? What protection measures may be applied for this person?

4. What protection measures may be applied for the persons who fall under the provisions of the law and which are the institutions that are authorized to provide protection?

5. How many persons from the Republic of Moldova up till now were subject to some protection measures and what kind of protection measures were there applied?

6. Did MI, CCECC have ever applied protection measures in case of persons who informed about corruption acts? Can you please describe situations of such kind?

7. Many persons who have come across corruption cases refuse to cooperate with the law enforcement agencies because of the fear of revenge from the person they are informing about.

For instance, the parents avoid denouncing teachers because they fear that he/she will revenge himself/herself on the child, the patients fear to denounce a doctor as the last one may revenge himself/herself on the patient. Does the new law provide for certain protection measures for such categories of persons?