12 Nov Secret Testimony
What is Secret Witness?
The defendant must be informed by the accused who has witnessed the criminal proceedings; witness, inquiry and
can be heard as a “secret witness” during the expulsion stages.
The secret witness, the public prosecutor’s office, the prosecution process.
rested by the court. The custodian (police, gendarmerie, etc.) secret witness listening authority
They do not. The legal interpretation of a witness as a secret witness
it is a decision. What is secret testimony?
The prosecution can also be taken by the trial court for prosecution.
How to Have a Secret Witness? How to get an expression?
Secret witness, resort to serious and serious danger
It is relax. The secret witness, the witness is resting directly and in accordance with the principle of the hundred
persons (complainants, defendants, lawyers, etc.)
It is relax. In practice, to hear about the secret witness
It said.
The prosecution should be questioned; the confidentiality of the investigation as a secret witness to the principle of rest, while listening to the reporter and the clerk to write the record is not authorized to be present. The fact that the police and the gendarmerie system were not used in the investigation showed that the witness had been heard. The law of abstinence is contrary to the contrary.
The prosecution; According to the rules, the witnesses have the right to be present at the hearing. The court may base its judgment on the evidence of the witness statement where he / she is listening and where the parties are discussed. Even if there is a secret witness, the parties have the right to ask questions. Witness the confidentiality and credibility of the confidential witness’s declaration, ask questions to the parties in accordance with the principle of equality, adversarial proceedings and equality of arms.
Two systems should be used to hear the secret witness:
Method In the first method; secret witness, trial proceed
Prepare available. The identity of the secret witness is reserved, the picture is hidden and the tone
is transferred to the courtroom. The parties and their lawyers, the secret witness of the court
After resting, they can provide the right to ask questions. the System
disadvantages; unknown, resting
whether the channel is routed or not.
Method Second method; complainant
the defendant is not present, only the party lawyers
the hearing is closed in the closed hearing. In this method, party lawyers, witnesses personally
get the possibility of questioning and asking for direction.
This method, with little practice recently.
Secret Testimonial Legislation
In order to apply for witness protection measures in accordance with the Witness Protection Law No. 5726
investigation or prosecution of one of the offenses specified in the law
be one of the witnesses or relatives of the person to be applied, the person’s life, body integrity and
the presence of a serious and serious danger for the assets of the
decision must be found.
Turkey’s 5271 Law and the 5726 Law on Witness Protection No. institutions based on the secret testimony as an evidence tool if you happen to be referred to the following cases:
1 Criminal Conditions: Article 58/2 of CMK no. 5271 regulates the concept of secret testimony. CMK Md. According to 58/5, however, organized crime can hide the identity of the witness. In practice, witnesses who are required to be protected in accordance with the Witness Protection Act because of the following offenses are confidential witnesses (Article 30 of the Witness Protection Act):
In the Turkish Penal Code no. 5237 and in special laws including penal provisions
aggravated life imprisonment, life imprisonment and lower limit ten years or more
witnesses for offenses requiring imprisonment under the witness protection measure
receivable.
• Established to commit a crime within the framework of the TCK 220
organizations: the activity of an organization established to commit acts deemed criminal by the law
offenses with a lower limit of two years or more
witnesses may be covered by the witness protection measure.
• Criteria in Political Organizations (TCK 314): Crimes related to political organizations (organization membership,
every witness, without any limitation on the amount of crime and punishment, if there are conditions
as a secret witness.
2 Conditions for the witness (CMK 58 / 3-4): Identity of persons to be heard as witnesses can be reserved if they create a serious danger for themselves or their relatives. The Witness Protection Act stipulates a severe and serious hazard criterion for the witness to be included in the protection measure.
Confidential Testimony in ECtHR and Constitutional Court Decisions
The ECtHR and the Constitutional Court shall provide the
as evidence. Evidence of the statement obtained as a result of hearing the secret witness
The common criteria that both courts seek to consider are:
There should be a reasonable reason to hide the witness’s identity. Witness as a secret witness
the accused requires the accused, the persons with whom the accused acted, or
It should be welded.
• The secret witness statement should not be the ün only evidence ”on which the provision is based. The Court
it should not be based solely on confidential witness statements.
The secret witness statement, even if it is not shown as the gösteril only evidence, in the judgment,
the belirleyici essential and decisive evidence san on which the verdict was based was
to judge the accuracy and reliability of the witness statement
assurance mechanisms should be provided. The defendant and his lawyer,
the right to a fair trial has been infringed
counted.
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