Secret witness

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A secret witness (or anonymous witness) is a witness which is granted anonymity in a trial by the juridical authority. The identity of the witness is not disclosed to the defendant and the general public except if the secret witness agrees to it. It is a juridical procedure currently often used in Turkish law. Prominent examples are the case against Andrew Brunson and the Ergenekon trials. In several trials against politicians of the Peoples' Democratic Party (HDP) secret witnesses are also used. Following the attempted coup d'état in 2016, secret witnesses were used in many trials. [1]

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Poland

An incognito witness (świadek incognito), also an anonymous witness (świadek anonimowy), is a witness who has been questioned in the course of criminal proceedings and whose circumstances allowing disclosure of his or her identity are not known to other participants in the proceedings, other than the prosecutor and the court, due to a well-founded fear of danger to the life, health, freedom or property of the witness or a person close to him or her. [2] [3]

Proceedings on the complaint are held without the participation of the parties and are classified as 'secret' or 'top secret'. [2] [3]

Turkey

Evidence provided by the secret witness dubbed Garson was used in trials against 4000 Turkish police officers accused of being members of the Gülen movement. [4] In the Kobani trial, the former Mayor of Diyarbakır Gültan Kişanak is accused by secret witnesses of organizing the Kobanî protests supporting the Kurds during the Siege of Kobanî by the Islamic State (IS). [5]

Eren Erdem of the Republican People's Party (CHP) was prosecuted for revealing the identity of a secret witness but found not guilty of the crime and his release was ordered in January 2019. [6] However, the prosecution issued a new arrest warrant the day after the verdict alleging a flight risk [7] and Erdem was sentenced to over 4 years imprisonment due to a testimony of a secret witness on 1 March 2019. [8]

The American pastor Andrew Brunson was prosecuted also on grounds of testimony of a secret witness accusing him of supporting the creation of a Kurdish Christian state. [9] Brunson was later released in 2018, following an alteration of the testimonies provided by three secret witnesses during the final day of the trial. [10] During the Ergenekon trials against members of the so-called deep state of Turkey, [11] Şemdin Sakık of the Kurdistan Workers' Party (PKK) acted as one of over 40 secret witnesses, but during the trial he decided to reveal his identity. [12] In Turkey the use of secret witnesses has been a target for criticism by the Peoples' Democratic Party (HDP) [13] [14] but also of Nationalist Movement Party (MHP) [10] Emma Sinclair-Webb  [ de ] of the Human Rights Watch, also condemned the use of secret witnesses in trials against mayors dismissed from public office in Turkey. [13]

United Kingdom

In the United Kingdom secret witnesses were used during the trial concerning the Murder of Charlene Ellis and Letisha Shakespeare. [15] Other trials which potentially would have involved secret witnesses were suspended on grounds that the rights of the defendant were not guaranteed. [16] Nevertheless, the use of secret witnesses is allowed according to British law, [17] but if their use in trial is granted by a court, the prosecution is obliged to provide as much information as possible to the defense. [17]

See also

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References

  1. ↑ House, Freedom (2019-02-04). "Freedom in the World 2019 - Turkey". freedomhouse.org. Retrieved 2020-12-18.
  2. 1 2 "Świadek anonimowy, przesłanki, sposób ustanowienia, przesłuchanie]" [Anonymous witness, rationale, method of appointment, questioning]. OpenLEX (in Polish). Retrieved 2024-05-17.
  3. 1 2 "Świadek incognito (świadek anonimowy)". www.infor.pl (in Polish). Retrieved 2024-05-17.
  4. ↑ TM. "ECtHR judgment could spell the end of anonymous witnesses in Turkey - Turkish Minute" . Retrieved 2020-12-14.
  5. ↑ "Turkish court remands two more Kurdish politicians over Kobani protests". Ahval. Archived from the original on 2020-11-27. Retrieved 2020-12-15.
  6. ↑ "Turkish authorities release former opposition lawmaker on probation". Ahval. Retrieved 2020-12-14.
  7. ↑ "English :: Arrest Warrant Issued Against Eren Erdem Shortly After Verdict of Release". bianet.org. Retrieved 2020-12-14.
  8. ↑ "Former MP Eren Erdem is sentenced to 4 years and 2 months in prison". Media and Law Studies Association (MLSA). 2019-03-01. Retrieved 2020-12-14.
  9. ↑ "Secret witness testifies against US pastor in Turkey". AP NEWS. 2018-05-07. Retrieved 2020-12-14.
  10. 1 2 "MHP leader slams 'use of secret witnesses' in cases after Brunson release - Turkey News". Hürriyet Daily News . Retrieved 2020-12-14.
  11. ↑ Ünver, H. Akin (1 April 2009). "Turkey's "Deep-State" and the Ergenekon Conundrum". Middle East Institute . Retrieved 2020-12-14.
  12. ↑ Butler, Daren (2012-11-08). "Turkish generals angered by Kurd militant testimony". Reuters (in French). Retrieved 2020-12-14.
  13. 1 2 Jones, Dorian (23 March 2020). "Kurdish Crackdown Continues in Turkey, Despite Health Emergency". Voice of America . Retrieved 2020-12-14.
  14. ↑ "Demirtaş: The plot hatched against the HDP over Kobani". hdp.org.tr (in Turkish). Retrieved 2020-12-14.
  15. ↑ "Trials suspended after ruling on secret witnesses". the Guardian. 2008-06-19. Retrieved 2020-12-14.
  16. ↑ "Secret witness rule: 50 cases in jeopardy". the Guardian. 2008-06-24. Retrieved 2020-12-14.
  17. 1 2 "Witness Anonymity (The Director's Guidance) | The Crown Prosecution Service". www.cps.gov.uk. Retrieved 2020-12-14.
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