Protecting the security of witnesses in Iran’s criminal system and the International Criminal Court

One of the pillars of criminal investigation is testimony, which helps to discover the truth and issue a just verdict. However, paying too much attention to the probative value of the content of testimony has made lawyers neglect one of the most important pillars of testimony, which is to protect the security of the witness in the trial process. Therefore, in this research, we are dealing with the issue of what mechanisms are foreseen in the criminal system of Iran and also in the International Criminal Court for the protection of witnesses?

In terms of purpose, this research is practical and in terms of information gathering, it was done in a documentary way and through the study of valid laws and sources, and the obtained information was analyzed in a descriptive-analytical way.

In different legal systems, the issue of witness protection has been taken into consideration. Based on this, the minimal witness protection programs can be implemented for all witnesses at risk of threats to their life, physical and financial security. One of the solutions offered to protect witnesses in Iran’s legal system is not to confront the witness with the accused. Another solution in this field is hearing testimony through remote communication devices. This is possible thanks to the development of technology and electronic litigation. Also, maintaining the rights and safety of witnesses in the International Criminal Court takes place in three forms: protection-security, protection-psychological programs and programs to keep the identity of witnesses hidden.