[SUBMITTED] Witness Protection Act

[Quadrimmina]

We were talking about this in the "Protection of Whistleblowers" thread, but it didn't really get anywhere, so I just went ahead and drafted it.

Witness Protection Act

Category: International Security
Strength: Mild

THIS WORLD ASSEMBLY,

UNDERSTANDING that national and international crime can be immune from prosecution due to lack of willing witnesses.

RECOGNIZING that those who bravely bring witness against notorious and well-connected criminals are subject to a great risk of harm to their lives.

HOPING to mitigate this risk and encourage witnesses to come forward with evidence to reduce crime and make the world a safer place.

DEFINES a Witness Protection Program (WPP) as an organization created with the purpose of protecting witnesses who have a clear and present danger to their lives as a result of bringing witness against a suspected criminal.

HEREBY REQUIRES every nation in the World Assembly to subscribe to a WPP, be it public or private.

ALLOWS nations to, via treaty or other formal international agreement, contract the public WPP of another nation for their use as a fulfillment of the above requirement. In this case, matters of citizenship will be dealt with by the receiving nation.

REQUIRES that the following standards be met by every nation's subscribed WPP:
i) Any witness that comes forward to authorities concerning a crime for which providing witness would bring harm to them or their family can be subscribed to the program, as will their family and other potentially involved parties.
ii) The program will provide a new identity and new living arrangements for the individual(s) in question. Their held assets will be transferred to them after such assets are protected from being associated with the witness's prior identity.
iii) The witness will be provided a living wage until they find employment. The WPP must ensure that this employment is in a field that would not expose them to dangers due to connections to their past lives.
iv) The witness will be checked regularly by an agent of the WPP, who will ensure that they are secure from harm and cannot be linked to their past life.
v) The witness will be subscribed to this program immediately after coming forward with the evidence for their protection and will be considered officially deceased. Their records will be expunged under their old identity and transferred to the new one accordingly, including all debts. Their criminal records will be sealed and subject to subpoena, but totally confidential otherwise.

ENSURES that any witness who can present evidence of reasonable threat to his or her life has a right to enter a WPP in return for their testimony.

FURTHER ENSURES that such programs are not mandatory to enter in order to testify.

Witness Protection Act
Drafted by The Office of World Assembly Affairs
Submitted to the World Assembly for Debate 6/1/2010

Category: International Security
Strength: Significant

THIS WORLD ASSEMBLY,

UNDERSTANDING that national and international crime can be immune from prosecution due to lack of willing witnesses.

REALIZING that those who bravely bring witness against notorious and well-connected criminals are subject to a great risk or harm to their lives.

HOPING to mitigate this risk and encourage witnesses to come forward with evidence to reduce crime and make the world more safe.

DEFINES a Witness Protection Program (WPP) as an organization created with the purpose of protecting witnesses who have a clear and present danger to their lives as a result of bringing witness against a suspected criminal.

HEREBY requires every nation in the World Assembly to subscribe to a WPP, be it public or private.

ALLOWS nations to, via treaty or other formal international agreement, contract the public WPP of another nation for their use. In this case, matters of citizenship will be dealt with by the receiving nation.

REQUIRES that the following standards be met by every nation's subscribed WPP:
i) Every witness that comes forward to authorities concerning a crime for which providing witness would bring harm to them or their family will be subscribed to the program, as will their family and other potentially involved parties.
ii) The program will provide a new identity and new living arrangements for the individual(s) in question. Their assets will be laundered to them within a reasonable period of time.
iii) The witness will be provided a living wage until they find employment in a field unrelated to their prior field.
iv) The witness are checked regularly by an agent of the WPP, who will ensure that they are secure from harm and cannot be linked to their past life.
v) The witness will be subscribed to this program immediately after testifying and will be considered officially deceased. Their records will be expunged and transferred accordingly.

ENSURES that no witness who can present evidence of reasonable threat to his or her life has a right to enter a WPP.

[Embolalia]

1)Program should be voluntary, or be allowed to be voluntary.
2)Witnesses should be able to enter the program just prior to testifying (after coming forward, but before the actual trial), as the danger can be just as great or greater then.
3)In REQUIRES, "Every" should be replaced with "Each witness" or "Witnesses", in the interest of clarity
4)OOC: You should watch In Plain Sight on USA, if you get it, because it's a totally awesome show about witness protection.

[Dredafen]

An interesting proposal, one that seems to have no real legality issues or foolishness. The only concern we would have is the creation of another WA committee, although this seems to be more of an organization that a council.

More work remains to be done here, but it seems like a good idea, so for now, we'd like to offer our support for the concept. We look forward to the improvement and development of this bill.

[The St Timothy Isles]

I am in full support of this.

[Freeoplis]

Our initial thoughts:

ALLOWS nations to, via treaty or other formal international agreement, contract the public WPP of another nation for their use. In this case, matters of citizenship will be dealt with by the receiving nation.

We think if we're gonna debate an international protection program why not create an International body to co ordinate witness protection allowing witnesses to be relocated within any member Nation, such potential is lost under this current clause and by not making it an international body we feel the proposal fails to be necessary as each Nation can run their own programs with out WA interference.

iii) The witness will be provided a living wage until they find employment in a field unrelated to their prior field.

We are curious as to why "unrelated" if they are in a completely new area or Nation, would this prove more of a risk than in a different job/career?

ENSURES that no witness who can present evidence of reasonable threat to his or her life has a right to enter a WPP.

Was this meant to say who "cannot" present evidence? as in there must be a sufficient threat?

[Quadrimmina]

1)Program should be voluntary, or be allowed to be voluntary.
2)Witnesses should be able to enter the program just prior to testifying (after coming forward, but before the actual trial), as the danger can be just as great or greater then.
3)In REQUIRES, "Every" should be replaced with "Each witness" or "Witnesses", in the interest of clarity
4)OOC: You should watch In Plain Sight on USA, if you get it, because it's a totally awesome show about witness protection.

Of course. I will add the changes. Thank you for your input, it was invaluable.

OoC: I watch In Plain Sight and love it. It's what this resolution is dedicated to. A working title to the Resolution was the Mary Shannon Witness Protection Act. Still toying with it.

New resolution version:
Witness Protection Act

Category: International Security
Strength: Significant

THIS WORLD ASSEMBLY,

UNDERSTANDING that national and international crime can be immune from prosecution due to lack of willing witnesses.

RECOGNIZING that those who bravely bring witness against notorious and well-connected criminals are subject to a great risk or harm to their lives.

HOPING to mitigate this risk and encourage witnesses to come forward with evidence to reduce crime and make the world a safer place.

DEFINES a Witness Protection Program (WPP) as an organization created with the purpose of protecting witnesses who have a clear and present danger to their lives as a result of bringing witness against a suspected criminal.

HEREBY requires every nation in the World Assembly to subscribe to a WPP, be it public or private.

ALLOWS nations to, via treaty or other formal international agreement, contract the public WPP of another nation for their use. In this case, matters of citizenship will be dealt with by the receiving nation.

REQUIRES that the following standards be met by every nation's subscribed WPP:
i) Each witness that comes forward to authorities concerning a crime for which providing witness would bring harm to them or their family will be subscribed to the program, as will their family and other potentially involved parties.
ii) The program will provide a new identity and new living arrangements for the individual(s) in question. Their assets will be laundered to them within a reasonable period of time.
iii) The witness will be provided a living wage until they find employment in a field unrelated to their prior field.
iv) The witness are checked regularly by an agent of the WPP, who will ensure that they are secure from harm and cannot be linked to their past life.
v) The witness will be subscribed to this program immediately after coming forward with the evidence for their protection and will be considered officially deceased. Their records will be expunged and transferred accordingly.

ENSURES that any witness who can present evidence of reasonable threat to his or her life has a right to enter a WPP.

FURTHER ENSURES that such programs cannot be made mandatory, and may be opted out of at any time.

[ThisIsNotACountry]

I support this.

[Quadrimmina]

Our initial thoughts:

ALLOWS nations to, via treaty or other formal international agreement, contract the public WPP of another nation for their use. In this case, matters of citizenship will be dealt with by the receiving nation.

We think if we're gonna debate an international protection program why not create an International body to co ordinate witness protection allowing witnesses to be relocated within any member Nation, such potential is lost under this current clause and by not making it an international body we feel the proposal fails to be necessary as each Nation can run their own programs with out WA interference.

iii) The witness will be provided a living wage until they find employment in a field unrelated to their prior field.

We are curious as to why "unrelated" if they are in a completely new area or Nation, would this prove more of a risk than in a different job/career?

ENSURES that no witness who can present evidence of reasonable threat to his or her life has a right to enter a WPP.

Was this meant to say who "cannot" present evidence? as in there must be a sufficient threat?

Addressing your points in order:
1) That clause is the way it is to allow nations that have a small population or limited resources that prevents them from establishing their own nationwide WPP to contract one from another nation and pay per person, and send their witnesses to that nation. Otherwise, they will probably remain in the same nation, unless of course they choose to move under their new identity. We was trying to stay away from a WA Committee but if you have some ideas as to what powers/functions one should have please let us know.
2) It's simply because a lot of fields have a lot of cross readings and conferences and stuff, and if you see a doctor who looks suspiciously like a doctor you met in a different place, you're more likely to connect the dots. It's less likely in a different work environment.\
3) It's just a typo. Corrected in the latest draft, thanks for pointing it out.

[Embolalia]

1) That clause is the way it is to allow nations that have a small population or limited resources that prevents them from establishing their own nationwide WPP to contract one from another nation and pay per person, and send their witnesses to that nation. Otherwise, they will probably remain in the same nation, unless of course they choose to move under their new identity. We was trying to stay away from a WA Committee but if you have some ideas as to what powers/functions one should have please let us know.

I think it would be a shame to add a committee to this. You did such a wonderful job of avoiding one. Plus, this will be one of the very few proposals that isn't susceptible to the "yet another useless committee" attack.

[Quadrimmina]

1) That clause is the way it is to allow nations that have a small population or limited resources that prevents them from establishing their own nationwide WPP to contract one from another nation and pay per person, and send their witnesses to that nation. Otherwise, they will probably remain in the same nation, unless of course they choose to move under their new identity. We was trying to stay away from a WA Committee but if you have some ideas as to what powers/functions one should have please let us know.

I think it would be a shame to add a committee to this. You did such a wonderful job of avoiding one. Plus, this will be one of the very few proposals that isn't susceptible to the "yet another useless committee" attack.

Exactly why our lawmakers decided to keep a committee out of it. Thank you for your comments.

[Freeoplis]

ALLOWS nations to, via treaty or other formal international agreement, contract the public WPP of another nation for their use. In this case, matters of citizenship will be dealt with by the receiving nation.

We think if we're gonna debate an international protection program why not create an International body to co ordinate witness protection allowing witnesses to be relocated within any member Nation, such potential is lost under this current clause and by not making it an international body we feel the proposal fails to be necessary as each Nation can run their own programs with out WA interference.

Addressing your points in order:
1) That clause is the way it is to allow nations that have a small population or limited resources that prevents them from establishing their own nationwide WPP to contract one from another nation and pay per person, and send their witnesses to that nation. Otherwise, they will probably remain in the same nation, unless of course they choose to move under their new identity. We was trying to stay away from a WA Committee but if you have some ideas as to what powers/functions one should have please let us know.

We still are unconvinced that a committee is unnecessary, again as a way to utilize the international aspect of this legislation to it's full potential as without this aspect we still believe this issue is best left at a domestic national level. We think a body funded by the WA which co ordinates Witness protection across World Assembly Nations could have the powers which include assessing the needs of witnesses, assessing the dangers to them and co ordinating their relocation in the resident Nation or if needs be another Nation, as it would be WA funded the recipient Nation would receive financial assistance if needed which would rule out expenditure issues.

Without an international aspect we still fail to see the need for such WA involvement in domestic witness protection policy.

[Quadrimmina]

ALLOWS nations to, via treaty or other formal international agreement, contract the public WPP of another nation for their use. In this case, matters of citizenship will be dealt with by the receiving nation.

We think if we're gonna debate an international protection program why not create an International body to co ordinate witness protection allowing witnesses to be relocated within any member Nation, such potential is lost under this current clause and by not making it an international body we feel the proposal fails to be necessary as each Nation can run their own programs with out WA interference.

Addressing your points in order:
1) That clause is the way it is to allow nations that have a small population or limited resources that prevents them from establishing their own nationwide WPP to contract one from another nation and pay per person, and send their witnesses to that nation. Otherwise, they will probably remain in the same nation, unless of course they choose to move under their new identity. We was trying to stay away from a WA Committee but if you have some ideas as to what powers/functions one should have please let us know.

We still are unconvinced that a committee is unnecessary, again as a way to utilize the international aspect of this legislation to it's full potential as without this aspect we still believe this issue is best left at a domestic national level. We think a body funded by the WA which co ordinates Witness protection across World Assembly Nations could have the powers which include assessing the needs of witnesses, assessing the dangers to them and co ordinating their relocation in the resident Nation or if needs be another Nation, as it would be WA funded the recipient Nation would receive financial assistance if needed which would rule out expenditure issues.

Without an international aspect we still fail to see the need for such WA involvement in domestic witness protection policy.

Its category is international security, ensuring that those criminals that have widespread influence, whether within or out of a nation, are brought to justice by making sure witnesses are protected from harm for coming forward. In other words, nations need a WPP to ensure that criminals that can commit crimes across borders without thought of consequence (because nobody will testify) are brought to justice.

[Embolalia]

Its category is international security, ensuring that those criminals that have widespread influence, whether within or out of a nation, are brought to justice by making sure witnesses are protected from harm for coming forward. In other words, nations need a WPP to ensure that criminals that can commit crimes across borders without thought of consequence (because nobody will testify) are brought to justice.

Exactly. Maybe now we can make a dent in those Bigtopian crime syndicates that have riddled the world for years.

[Dredafen]

Usually, we err in favor of the WA not interfering too much in domestic affairs, but in this case, the argument of National Sov. goes right out the window. This issue is not one of pressing national security or policy, one of military or social nature, it simply gives nations the option to involve the international community in protecting their witnesses.

Of course, any nation that wanted to rely only on their own witness protection program should be allowed to continue to do so. But as it currently stands, the legislation does NOT create "yet another useless committee," and in no way violates a member nation's right to their own policies.

[Quadrimmina]

Usually, we err in favor of the WA not interfering too much in domestic affairs, but in this case, the argument of National Sov. goes right out the window. This issue is not one of pressing national security or policy, one of military or social nature, it simply gives nations the option to involve the international community in protecting their witnesses.

Of course, any nation that wanted to rely only on their own witness protection program should be allowed to continue to do so. But as it currently stands, the legislation does NOT create "yet another useless committee," and in no way violates a member nation's right to their own policies.

Basically, it allows nations to rely on their own Witness Protection Program, or contract another from a private company or another nation's public system. That way, the expenses are minimal, and every nation doesn't have to create a nationwide program.

I would like to ask the international arena what changes are recommended before I bring this to a vote.

[Bears Armed]

OOC: considering the limited scale of the likely effects on national policing budgets, which is what 'International Security' resolutions affect, I'd say that it should only be "Mild" rather than "Significant" in strength.

[The St Timothy Isles]

OOC: considering the limited scale of the likely effects on national policing budgets, which is what 'International Security' resolutions affect, I'd say that it should only be "Mild" rather than "Significant" in strength.

I think Medium.

[Manticore Reborn]

The government of the Kingdom of Manticore Reborn looks favorably upon this proposal, but requests clarification to the following:

ii) The program will provide a new identity and new living arrangements for the individual(s) in question. Their assets will be laundered to them within a reasonable period of time.

My government questions the wording of this clause. Rather then stating the assets will be laundered, can we state that the individuals will be compensated in a manner equal to the net assets held?

FURTHER ENSURES that such programs cannot be made mandatory, and may be opted out of at any time.

My government objects to the ability of the individual to withdraw from the program "at any time". Once a government has gone through the considerable effort to expunge the individual's identity and incurred significant expense the individual has assumed a new life. Can you imagine the additional effort and expense to "resurrect" the individual's previous identity and life? This clause need to be expanded to remove any liability from the government if the individual choses to withdraw from the program.

The humble representative from the Kingdom of Manticore Reborn yields the floor.

[Charlotte Ryberg]

It is in the opinion of the mind of Charlotte Ryberg that participating witnesses should be able to keep links with their relatives not at risk, provided that the said relatives are bound by some rules of privacy as stated in the draft.

Also, the strength you have proposed is a bit too high in our opinion because it affects a limited policy area. Ms. Harper strongly recommends "mild" instead.

[Nullarni]

While I find this proposal to be quite intriguing, I must withhold my support for now.

My issues are:

*Witnesses have the right to in a witness protection program, if their life is threatened? I think we need to be careful about bestowing new rights to people.

*I am concerned with the following section, "ALLOWS nations to, via treaty or other formal international agreement, contract the public WPP of another nation for their use. In this case, matters of citizenship will be dealt with by the receiving nation." Why would we think we would be dis-allowed from doing this? You are implying that nations can only do what WA legislation allows them to do. I think that should be edited out or changed. But I really am just knit-picking here.

*Is this really something that needs to be legislated at the WA level? I like this and for the most part agree with this, but I really don't think the WA needs to micromanage to this degree.

OOC: You really should keep updating the proposal in your first post as you revise it so that people don't have to search the thread looking for the newest draft.

[Philimbesi]

i) Every witness that comes forward to authorities concerning a crime for which providing witness would bring harm to them or their family will be subscribed to the program, as will their family and other potentially involved parties.

So if a group of gang bangers kill someone in a drive by during a crowded festival, we would have to give every person at that crowded
festival who comes forward a new identity, home, as well as their cousins and uncles aunts and friends who weren't directly involved in the incident?

iv) The witness are checked regularly by an agent of the WPP, who will ensure that they are secure from harm and cannot be linked to their past life.

We feel as though this flirts dangerously close to being illegal due to the agents of the WPP being a-kin to a WA Police Force, but would need a mods ruling on it of course.

v) The witness will be subscribed to this program immediately after testifying and will be considered officially deceased. Their records will be expunged and transferred accordingly.

So if the witness is a criminal, owes back taxes, child support, and the like, they are immediately forgiven? We have issue with this.

[Embolalia]

i) Every witness that comes forward to authorities concerning a crime for which providing witness would bring harm to them or their family will be subscribed to the program, as will their family and other potentially involved parties.

So if a group of gang bangers kill someone in a drive by during a crowded festival, we would have to give every person at that crowded
festival who comes forward a new identity, home, as well as their cousins and uncles aunts and friends who weren't directly involved in the incident?

No, because the chances are that the gang bangers won't go after everyone in the festival. The idea, which may or may not be properly conveyed in the resolution, is that when someone is the only or one of few witnesses to a crime committed by a far-reaching organization (crime syndicate, large corporation, or even government), they are likely to be targeted by that group even after the trial. In order to prevent this from intimidating potential witnesses, a protection program is set up to keep them safe. In other words, if a person is likely to be targeted, that person should be given protection.

iv) The witness are checked regularly by an agent of the WPP, who will ensure that they are secure from harm and cannot be linked to their past life.

We feel as though this flirts dangerously close to being illegal due to the agents of the WPP being a-kin to a WA Police Force, but would need a mods ruling on it of course.

Since the WPP is not a WA agency, it is not a WA police force. This resolution is purposefully set up to have no WA agencies involved. This just requires the nations' law enforcement agencies to do certain things, which is certainly legal.

v) The witness will be subscribed to this program immediately after testifying and will be considered officially deceased. Their records will be expunged and transferred accordingly.

So if the witness is a criminal, owes back taxes, child support, and the like, they are immediately forgiven? We have issue with this.

"Transferred accordingly" means, as I see it, that they will still be liable, just not under the old name. Perhaps this should be clarified.

[Philimbesi]

No, because the chances are that the gang bangers won't go after everyone in the festival. The idea, which may or may not be properly conveyed in the resolution, is that when someone is the only or one of few witnesses to a crime committed by a far-reaching organization (crime syndicate, large corporation, or even government), they are likely to be targeted by that group even after the trial. In order to prevent this from intimidating potential witnesses, a protection program is set up to keep them safe. In other words, if a person is likely to be targeted, that person should be given protection.

As written right now, The resolution says EVERY witness, so if all those people come forward then by international law we would HAVE to extend the ability to relocation all of them. This would also include expert witnesses brought in during trial. Maybe not every person at the festival, but I would suggest that a pretty reasonable case can be made for anyone who spoke to the police as being in danger...

Since the WPP is not a WA agency, it is not a WA police force. This resolution is purposefully set up to have no WA agencies involved. This just requires the nations' law enforcement agencies to do certain things, which is certainly legal.

We misread that, we appologize.

"Transferred accordingly" means, as I see it, that they will still be liable, just not under the old name. Perhaps this should be clarified.

The inclusion of the word expunged is where we take exception.

[Quadrimmina]

Thank you all for your commentary, it was invaluable.

And Charlotte Ryberg, we consider the risk of a breach too great to allow people to contact family members from a past life. Of course, in the dire need to do so, the WPP can set up a clandestine meeting in a mutually accepted location.

Addressing Nullarni's concerns, the allowance of doing so states that using another nation's WPP is an acceptable alternative to having one of your own in the context of the resolution. I will clarify that. Also, we see no reason that this right should not be bestowed, and believe that for the sake of dealing with international crime, it should be dealt with at the World Assembly level.

Philimbesi's concerns have been dealt with as well. New language ensures only witnesses allowed to testify have access to the WPP, so it is up to the police who in the crowd testifies and takes the risk and everyone else just goes about their business. They won't be targets because they didn't testify. Also, the language concerning record transfer has been clarified to address your concerns.

The newest draft, addressing all of your concerns and points, is below:

Witness Protection Act

Category: International Security
Strength: Mild

THIS WORLD ASSEMBLY,

UNDERSTANDING that national and international crime can be immune from prosecution due to lack of willing witnesses.

RECOGNIZING that those who bravely bring witness against notorious and well-connected criminals are subject to a great risk or harm to their lives.

HOPING to mitigate this risk and encourage witnesses to come forward with evidence to reduce crime and make the world a safer place.

DEFINES a Witness Protection Program (WPP) as an organization created with the purpose of protecting witnesses who have a clear and present danger to their lives as a result of bringing witness against a suspected criminal.

HEREBY REQUIRES every nation in the World Assembly to subscribe to a WPP, be it public or private.

ALLOWS nations to, via treaty or other formal international agreement, contract the public WPP of another nation for their use as a fulfillment of the above requirement. In this case, matters of citizenship will be dealt with by the receiving nation.

REQUIRES that the following standards be met by every nation's subscribed WPP:
i) Each witness that comes forward to authorities concerning a crime for which providing witness would bring harm to them or their family will be subscribed to the program, as will their family and other potentially involved parties.
ii) The program will provide a new identity and new living arrangements for the individual(s) in question. Their held assets will be transferred to them such assets are protected from being associated with the witness's prior identity.
iii) The witness will be provided a living wage until they find employment in a field unrelated to their prior field.
iv) The witness are checked regularly by an agent of the WPP, who will ensure that they are secure from harm and cannot be linked to their past life.
v) The witness will be subscribed to this program immediately after coming forward with the evidence for their protection and will be considered officially deceased. Their records will be expunged under their old identity and transferred to the new one accordingly, including all debts. Their criminal records will be sealed and subject to subpoena, but totally confidential otherwise.

ENSURES that any witness who can present evidence of reasonable threat to his or her life has a right to enter a WPP in return for their testimony.

FURTHER ENSURES that such programs are not mandatory to enter in order to testify.

[Manticore Reborn]

The Kingdom of Manticore Reborn has one further point which they apologize for not bring up previously.

iii) The witness will be provided a living wage until they find employment in a field unrelated to their prior field.

We feel this clause is too restrictive and will be difficult for WPPs to fulfill. We suggest something along the lines of the following:

iii)Participates within the program will be provided a living wage until they find employment that will not unreasonably risk exposure of their new identity

The humble representative from the Kingdom of Manticore Reborn yields the floor.