Kyrgyzstan Introduces Witness Protection

New measures to protect trial witnesses will only help speed up high-profile criminal cases if the Kyrgyz government funds the programme properly and the public gains confidence in the system, NBCentralAsia analysts say.



A law signed by President Kurmanbek Bakiev on September 9 sets out a system of state protection for “witnesses, victims and other participants in criminal trials”, defining the security and welfare measures that can be applied in such cases.



NBCentralAsia’s legal experts are in no doubt that the legislation will improve the way criminal justice operates in Kyrgyzstan. Once the law comes into force, testimony from witnesses and other trial participants should carry greater weight both in the investigative phase and in court proceedings.



In the past, witnesses have not had a right to security or welfare measures, and many have simply opted not to take the risks a court appearance entails. This is especially true of big criminal cases involving contract killings, where witnesses have often refused to give testimony for fear of reprisals.



The new law could fundamentally change the way criminal justice operates – but getting to that stage will depend on how the funding works, and whether people believe in the courts.



Witness protection programmes will require a substantial injection of cash by the authorities. Potential witnesses will have to be absolutely certain that the government will pay whatever it takes to protect them from criminals. The same will apply in cases where the witness is located outside Kyrgyzstan. If the government has already earmarked enough money in its budget to ensure that protection programmes work, people are going to be more willing to appear in court.



An additional concern raised by some civil society activists is that the witness protection law might not work because the public lacks confidence in the state and its judicial and legislative mechanisms. NBCentralAsia analysts thus conclude that as well as proper funding, the law will be a success only if more work is done to encourage the public to trust the courts.



(News Briefing Central Asia draws comment and analysis from a broad range of political observers across the region.)