5
Witness support – experiences and opinions of judges handling criminal cases at county courts
100 % 90 %
81,3%
80 % 68,2%
70 %
102
61,7%
60 % 50 % 40 %
28,0%
30 % 20 % 10 %
1,9%
0%
Image 40. Judges’ opinions about what each court should have for better witness support
A separate waiting room for witnesses
A special service/ person to help the witnesses
Technical instruments for interrogating the witness by transfer of images and sound
A special arrangement of the courtroom
Something else
*Something else: when necessary separate rooms should be provided for certain categories of witnesses who may have conflicting interests due to their emotional involvement
It is interesting that 5.5% of those surveyed consider that the witness should have the right to veto certain decisions made by the state attorney. In general, such a large percentage is surprising, in regard to legal history and culture, as well as to current regulations. This also applies to the fact that a victim should have the right to file an appeal in regard to all legal grounds (16.4%). More than 60% of those surveyed consider that every injured party should have the right to free legal help (when unable to pay for these expenses on his/her own).254 The largest number those surveyed think that injured parties should have the right to psychological and emotional support and help (82.7%).
5.5. Conclusion The results of the survey show that the witness support system needs improvement. This does not refer as much to the legal regulations pertaining to witness protection, but more to the treatment of witnesses from the time the event (criminal offence) occurs, until the completion of the criminal proceedings. The main conclusion of the survey is that the existing system does not provide sufficient witness support to witnesses who are victims, or eye-witnesses, of serious criminal offences, mainly those involving violence. Judges often notice that witnesses feel psychologically threatened and try to manage this through the existing institutional framework, and with providing actual support during questioning. Results however, particularly the results of the witnesses surveyed, indicate that this is insufficient. Witnesses indicate the need for support to exist, and feel that currently no support is available. Although judges try to resolve the witness’s psychological feelings of being threatened, insufficient training in the field and witnesses’ answers indicate that an institutional service is necessary. This is why a unit, department or section for providing witness support should be set up, organised and equipped at each court or each larger court (definitely each county court). This unit would provide all the help necessary for providing support for witnesses who do not require protection according to the Witness Protection Act. A judicial counsellor, psychologist and administrator would create a sufficient basis for such unit to begin its operation, which could then expand if necessary. The court would need to employ one person (psychologist) in this case. A judicial counsellor and an administrator are already employed in courts. However, witness support is not important only to witnesses, but also to courts which, due to their position and role in the society, need to provide security and a feeling of safety to witnesses, as well as contribute to criminal proceedings as an important factor in the implementation of rights and the achievement of a legally functioning state. The efficient and appropriate operation of an independent and impartial judicial power is one of the main goals of constitutional democracy and contributes to the achievement of order, safety, freedom and general wellbeing. This goal may only be reached by a judicial system that guarantees witnesses their rights and provides them with security and the feeling of safety, as well as indicating their importance in exercising their civic duty. This is 254 The actual possibility of introducing this solution fundamentally conflicts as it would raise the cost of already expensive judicial proceedings.