[DRAFT] On Witness Protection

[Quadrimmina]

As the next item on our agenda, we will be resurrecting another former proposal of ours, with the prior debate available here. The purpose of this proposal is to increase response to international crime by ensuring that witnesses to crimes by international syndicate groups and international criminals can feel protected enough to testify. This protection will help all member states combat crime, and will make the world a safer place for us all.

On Witness Protection
International Security, Significant

THIS WORLD ASSEMBLY,

UNDERSTANDING that national and international crime can go unpunished due to lack of willing witnesses.

RECOGNIZING that for justice to be served, some witnesses require protection in exchange for their testimony.

HEREBY ENACTS the following as international law:

Section 1: Definitions

(a) A “witness” is any individual who provides evidence or testimony to bolster the case for conviction of a suspected criminal.

(b) A “Witness Protection Program” (WPP) is a program created with the purpose of protecting witnesses who incur a threat to their lives due to their testimony.

(c) “Covered entities” for the purposes of this resolution includes the witness, any immediate family, and other individuals who would require protection as a result of the witness’s testimony.

Section 2: Subscription Requirement

Member states shall subscribe to a WPP that meets the standards set in section 3, either operated by the state in question, another member state, or a private organization.

Section 3: Program Standards

(a) New identities and living arrangements are to be provided by the WPP to covered entities.

(b) All assets held by covered entities will be transferred to them after they cannot be associated with the prior identity, and equal exchanges can be negotiated with the covered entity.

(c) In the case that the WPP transfers individuals to a different nation, matters of citizenship will be dealt with by the receiving nation.

(d) Covered entities will be provided a living wage until employment is found that does not expose them to dangers associated with their past life. The WPP should assist covered entities in finding employment and ensure that sufficient progress and effort to finding employment is demonstrated, either through pursuing education or searching for employment.

(e) The witness and other covered entities will be checked regularly by an agent of the WPP by a combination of personal visits and other means to ensure security.

(f) The witness and other covered entities should have access to a WPP agent at all times to inform them of any security concerns.

(g) A covered entity will be considered officially deceased or missing. Their records will be expunged under their old identity and transferred to the new one accordingly and covertly. Their criminal records will be rendered confidential and only subject to subpoena.

Section 4: Miscellaneous

(a) Any witness who can present evidence of reasonable threat to his or her life or the life of any prospective covered entity due to their testimony has a right to enter a WPP as a result of the witness’s testimony. Protective custody should be offered until testimony occurs.

(b) No prospective covered entity may be forced or otherwise coerced to enter such a program in order to testify, and any covered entity may leave protection at any time by providing informed consent.

(c) If the witness chooses not to testify, their enrollment in the WPP can be withdrawn. If the witness is not needed to testify, and their involvement with the police does not pose a risk to their life or limb (or that of a prospective covered entity), then they need not be enrolled in the WPP.

(d) All charges incurred by the WPP will be the responsibility of the member state to pay on behalf of the witness.

(e) Nothing in this resolution shall be construed to affect existing national age of majority laws or to prevent further WA action on witness protection.

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.
Hereby enacts the following as international law:

Section 1: Definitions
(a) A Witness Protection Program (WPP) is defined as a program created with the purpose of protecting witnesses who can incur a clear and present danger to their lives as a result of bringing witness against a suspected criminal.

(b) A “witness” is defined as any individual who provides evidence or testimony related to crimes that are being investigated or prosecuted by any law enforcement or government entity to bolster the case for conviction of a suspected criminal.

Section 2: Requirement of Subscription
(a) Every member state must subscribe to a WPP operated by an organization based in a WA member state or operated by a member state government. The subscribing nation may, of course, operate its own WPP.

(b) In the case that a prospective witness would be transferred to a different member state by the subscribed WPP, matters of citizenship will be dealt with by the receiving nation.

Section 3: Program Standards
(a) 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, with the witness's input as far as possible liquidations or other forms of equal exchange.

(b) 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 life, and should both assist the witness in finding employment while ensuring that sufficient progress and effort to finding employment is demonstrated, either through pursuing education or searching for employment.

(c) The witness will be checked regularly by an agent of the WPP by a combination of personal visits and other means, to sufficiently ensure that they are secure from harm and cannot be linked to their past life.

(d) The witness must be allowed to contact WPP agents at all times to inform them of any security concerns.

(e) 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 and covertly, including all debts. Their criminal records will be sealed and subject to subpoena, but totally confidential otherwise.

(f) All charges incurred by the WPP will be the responsibility of the member state to pay on behalf of the witness.

(g) If the witness chooses not to testify, their enrollment in the WPP can be withdrawn.

Section 4: Rights of Witnesses
(a) Any witness who can present evidence of reasonable threat to his or her life, his or her property, or the life of one of his or her family members has a right to enter a WPP in return for the witness's testimony.

(b) If the witness is not needed and their involvement with the police does not cause them any foreseeable harm, they need not be placed into a WPP.

(c) No prospective witness may be forced or otherwise coerced to enter such a program in order to testify, and the witness may leave at any time, although WPP agents are required to disclose possible threats the witness may endure from leaving.

[Quadrimmina]

Note: The proposal has been updated with suggestions from the 10KI forums and will be submitted unless further comments/objections are raised.

[Christian Democrats]

I like this proposal. I have only one recommendation: if possible, space out the clauses.

[Frisbeeteria]

Absence of comments != agreement.

[Moronist Decisions]

1) Do ALL crimes merit witness protection? A nation may choose to forfeit the case or do without said witness without providing witness protection.

2) Would it be possible for the program to decide to sell said assets and compensate the witness instead of returning said assets, if returning it is unfeasible?

(a) 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.

3) With this, we believe that the witness must take responsibility for finding work as well

(b) 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 life.

4) This clause needs work. What about for the purposes of police investigation? Is witness protection going to be a "get out of jail free" card?

(e) 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 and covertly, including all debts. Their criminal records will be sealed and subject to subpoena, but totally confidential otherwise.

We believe that this still needs a lot of work. Not a bad idea, but needs rethinking.

[Quadrimmina]

(Image)

Absence of comments != agreement.

Fair as that is, I felt that if there was no comment, a test proposal would be necessary to gauge support in a different way.

[Alqania]

"Is this proposal in agreement with clauses 4-6 of Resolution #84?" Lord Raekevik asked, hoping that it was not a stupid question.

4. Permits member states to protect the identities and whereabouts of an individual in a way that may bear characteristics of forced disappearances, provided that the intentions of this resolution are respected and that the said individual has given consent;

5. Declares that any organization of a member nation which utilizes the provisions of Clause 4 must be officially publicized to said member nation at least to the extent of the general purpose of the program or bureaucratic entity being publicly documented;

6. Requests that such public documentation must also include that the organization is utilizing Clause 4 of this document;

[Quadrimmina]

Thank you for your concerns, delegate from Moronist Decisions. I hope to address them one at a time.

1) Do ALL crimes merit witness protection? A nation may choose to forfeit the case or do without said witness without providing witness protection.

Only crimes in which there is a demonstrated risk to the individual's life for providing testimony will be subject to this, see clause 4(a): "Any witness who can present evidence of reasonable threat to his or her life, his or her property, or the life of one of his or her family members has a right to enter a WPP in return for the witness's testimony."

By clause 2(g), by not testifying, the witness will not incur witness protection. I have added a clause 4(b) that makes this more explicit, stating the following: "If the witness is not needed and their involvement with the police does not cause them any foreseeable harm, they need not be placed into a WPP."

2) Would it be possible for the program to decide to sell said assets and compensate the witness instead of returning said assets, if returning it is unfeasible?

(a) 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.

I don't see why not. Under clause 2(a), their assets are to be protected. If the only way to protect them is to liquidate them, then that will be dealt with, likely upon consultation with the witness. I have amended clause 2(a) to make this more clear: "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, with the witness's input as far as possible liquidations or other forms of equal exchange."

3) With this, we believe that the witness must take responsibility for finding work as well

(b) 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 life.

Of course. I have added a provision that the WPP must assist in finding employment, but that they can also impose a deadline and appeals process for an employment search, or at least to return to school to acquire new skills: "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 life, and should both assist the witness in finding employment while ensuring that sufficient progress and effort to finding employment is demonstrated, either through pursuing education or searching for employment."

4) This clause needs work. What about for the purposes of police investigation? Is witness protection going to be a "get out of jail free" card?

(e) 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 and covertly, including all debts. Their criminal records will be sealed and subject to subpoena, but totally confidential otherwise.

Witness Protection is generally as part of a plea arrangement, testimony in exchange for protection and 'get out of jail free'. I have made that more explicit in the definition of "witness" in clause 1(b) ("A “witness” is defined as any individual who provides evidence or testimony related to crimes that are being investigated or prosecuted by any law enforcement or government entity to bolster the case for conviction of a suspected criminal."), but clause 2(g) is clear in showing that if they do not testify, they don't join the WPP. For the purposes of police investigation, their records are sealed. Is there anything else you wish to see implemented?

We believe that this still needs a lot of work. Not a bad idea, but needs rethinking.

We look forward to working with you to ensure that the work will be placed into this resolution to have an acceptable final product!

[Quadrimmina]

"Is this proposal in agreement with clauses 4-6 of Resolution #84?" Lord Raekevik asked, hoping that it was not a stupid question.

4. Permits member states to protect the identities and whereabouts of an individual in a way that may bear characteristics of forced disappearances, provided that the intentions of this resolution are respected and that the said individual has given consent;

5. Declares that any organization of a member nation which utilizes the provisions of Clause 4 must be officially publicized to said member nation at least to the extent of the general purpose of the program or bureaucratic entity being publicly documented;

6. Requests that such public documentation must also include that the organization is utilizing Clause 4 of this document;

Lord Raekevik, thank you for bringing this to our attention. With this in mind, we believe that there is a difference between permission of a member state to have WPP's and related entities of identity withholding (such as espionage programs), and a mandate to operate such a program. Since GAR#84 does not specifically denote WPP's in its definition, and that it does not allow or disallow the establishment and maintenance of said programs (which this resolution mandates), but rather simply allows for a legal environment in which they are legal, we feel that the two resolutions are agreeable. However, we defer to our fellow delegates in this situation.

[Quadrimmina]

I like this proposal. I have only one recommendation: if possible, space out the clauses.

Done. Thank you for your input!

[Neo Arcem]

Disregard this arguement if I am in fact missing something in my reading of the bill, and kindly point me to the part I missed.

Now then, the only issue I´m seeing is eligibility.

1) How does the WA determine which witness are worth protection, and how does the witness actually get put into said program? Consider giving this power to the international courts.
2) At what federal level is this? Does a nation determine at risk subjects and send them into the program, or do the international courts determine this?

Really, the issue is who has the power to determine witness protection and enforce it. I support the bill either way, as it seems sensible and worthwhile.

[Quadrimmina]

Disregard this arguement if I am in fact missing something in my reading of the bill, and kindly point me to the part I missed.

Now then, the only issue I´m seeing is eligibility.

1) How does the WA determine which witness are worth protection, and how does the witness actually get put into said program? Consider giving this power to the international courts.
2) At what federal level is this? Does a nation determine at risk subjects and send them into the program, or do the international courts determine this?

Really, the issue is who has the power to determine witness protection and enforce it. I support the bill either way, as it seems sensible and worthwhile.

Every member state is required to subscribe to a WPP that either they create, another member nation creates, or a private organization creates, that meets the criteria laid out in the resolution. It is up to the member state and/or the WPP to come up with criteria outside those specifically enumerated by this resolution. I can make that more clear.

It would appear that clarity is this resolution's shortfall. I am considering a complete rewrite to fix the wordiness of some clauses, etc.

[Moronist Decisions]

Incidentally, have you checked the character count?

4) This clause needs work. What about for the purposes of police investigation? Is witness protection going to be a "get out of jail free" card?

Witness Protection is generally as part of a plea arrangement, testimony in exchange for protection and 'get out of jail free'. I have made that more explicit in the definition of "witness" in clause 1(b) ("A “witness” is defined as any individual who provides evidence or testimony related to crimes that are being investigated or prosecuted by any law enforcement or government entity to bolster the case for conviction of a suspected criminal."), but clause 2(g) is clear in showing that if they do not testify, they don't join the WPP. For the purposes of police investigation, their records are sealed. Is there anything else you wish to see implemented?

With this, the witness's "death" will occur immediately after evidence giving to the police, precluding any punishment for said crime. Also, different nations may find other ways to be better for the purpose of witness protection - for example, "missing" might be a better designation if too many "deaths" would lead to suspicion - especially for the young. Furthermore, in a court of law, the identity of the witness may be necessary, and that protection may take all different forms - not just "civil death". A more dynamic approach to protection, including possible voluntary protective custody, might be necessary.

I haven't got a good way of rewording it right now, but hopefully you get the idea. The key to this is protecting the witness in a manner that preserves justice, using whatever means are most appropriate.

[Quadrimmina]

Incidentally, have you checked the character count?

Witness Protection is generally as part of a plea arrangement, testimony in exchange for protection and 'get out of jail free'. I have made that more explicit in the definition of "witness" in clause 1(b) ("A “witness” is defined as any individual who provides evidence or testimony related to crimes that are being investigated or prosecuted by any law enforcement or government entity to bolster the case for conviction of a suspected criminal."), but clause 2(g) is clear in showing that if they do not testify, they don't join the WPP. For the purposes of police investigation, their records are sealed. Is there anything else you wish to see implemented?

With this, the witness's "death" will occur immediately after evidence giving to the police, precluding any punishment for said crime. Also, different nations may find other ways to be better for the purpose of witness protection - for example, "missing" might be a better designation if too many "deaths" would lead to suspicion - especially for the young. Furthermore, in a court of law, the identity of the witness may be necessary, and that protection may take all different forms - not just "civil death". A more dynamic approach to protection, including possible voluntary protective custody, might be necessary.

I haven't got a good way of rewording it right now, but hopefully you get the idea. The key to this is protecting the witness in a manner that preserves justice, using whatever means are most appropriate.

Interestingly, I have just uploaded a second draft that meets character count requirements and makes the resolution a bit more readable, with some other mild changes. I can add a "missing" denotation, that is a fantastic idea. Also, I have made the WPP enrollment contingent on testimony, but identity of the witness as far as testifying is allowed, so long as they are placed back into custody. As far as voluntary protective custody, that would be allowed per this resolution. Please take a look at the new draft and let me know your thoughts.