In certain criminal cases in Westland, witnesses can remain anonymous to protect them against possible reprisals. However, this comes at the expense of the defendant's rights to fully defend themselves.
When is anonymity permitted?
A witness may remain anonymous under the following circumstances:
- There is a real threat to the safety of the witness.
- The witness does not feel free to speak openly without anonymity.
- It concerns serious criminal offences.
Types of anonymity
Limited anonymous witness
The identity of the witness is unknown to the defendant, but known to the judge. The defence has the opportunity to submit questions in writing.
Fully anonymous witness (article 226a CCP)
The witness is examined by the examining magistrate, with voice and appearance possibly distorted. The defendant only hears the content of the statement, without knowing who the witness is.
Shielded witness
In cases related to terrorism or organised crime, such as sometimes handled at the District Court of The Hague, additional protective measures may apply, for example for AIVD sources.
Evidentiary value of anonymous statements
A conviction may not be based entirely or primarily on statements from anonymous witnesses. Additional evidence, such as documents or other testimonies, is always required.
Compensatory measures for the defence
Because direct confrontation with the witness is not possible, the following compensations are provided:
- Submit written questions via the judge.
- The examining magistrate assesses the reliability of the witness.
- The judge must provide thorough reasoning for the use of the statement.
Frequently asked questions about anonymous witnesses in Westland
When can a witness remain anonymous?
A witness can remain anonymous if their safety is at risk, if the witness otherwise does not feel free to testify, or in serious criminal offences. The judge, often from the District Court of The Hague, decides on this.
What is the difference between limited and fully anonymous?
With limited anonymity, the judge knows the identity, but the defendant does not; questions are submitted in writing. With fully anonymous (art. 226a CCP), only the examining magistrate hears the witness, with distorted voice or appearance.
Can a conviction be based solely on anonymous statements?
No, there must always be additional evidence. A conviction may not rely exclusively on anonymous testimonies.
How can the defence respond to an anonymous witness?
The defence can pose written questions, and the examining magistrate tests the reliability of the statement as compensation for the lack of confrontation.
What does a shielded witness entail?
This concerns extra protected witnesses, such as AIVD sources, in cases involving terrorism or serious crime. Their identity remains fully secret, even from judges.