Paylaş: Procedures for Hearing Protected Witnesses
Under the Witness Protection Law and Criminal Procedure Code, special measures are applied when hearing witnesses with a protection order. If revealing a witness’s identity could endanger them or their relatives, the identity is concealed and only known to the prosecutor, judge, or court.
Obligations of the Protected Witness
A witness with a concealed identity must explain how they came to know about the events and in what context. During their testimony, the witness’s voice and image can be altered to prevent recognition.
Security Measures During Testimony
If testifying in the presence of others poses a threat to the witness, the court may decide to hear the witness without individuals who have the right to be present. Audio and visual transmission is used during testimony, and measures are taken to hide the witness’s physical appearance if necessary.
Limitation of Questions Directed to the Witness
When a witness testifies without the presence of others, questions must be proportional and appropriate to the protection measures. The judge may prevent questions that could indirectly reveal the witness's identity.
Application of Protection Measures During On-Site Investigations
If protected witnesses are required to testify during an on-site investigation, the same protective measures apply. This ensures both the witness’s safety and that the defendant’s right to defense is not compromised. Under the Witness Protection Law, protective measures like recording identity and address details and designating a separate address are implemented.
Validity of Witness Testimonies
Testimonies taken under the Witness Protection Law are deemed equivalent to those given in court according to the Criminal Procedure Code. However, statements from protected witnesses cannot serve as the sole basis for a conviction.
This article was prepared by Attorney Hüseyin Bayar, founder of Bayar Law Firm, and belongs to Bayar Law Firm. It cannot be copied or used without permission.
