It is important that you are safe if you agree to testify. If this is not the case, the State is obliged to protect you from any danger.
If there is any danger to your life or health because of your testimony or because you provide state authority with important evidence, the State is under an obligation to protect you. In that case you have the right to ask for special protection.
Secrecy of witness identity
Generally, if there is a justified concern that the disclosure of the identity, residence or place of residence of the witness will put his/her life, health or physical integrity at risk, or if there is such a risk to his/her close relative, the witness may be permitted not to state his/her personal data.
Before the interrogation of a witness whose identity must remain classified, the law enforcement authority and the court shall, if necessary in the interest of witness protection, perform measures to change the appearance and voice of the witness, or perform their interrogation with the use of technical equipment, including devices for audio and video transmission.
If you are not protected, and as a result, you or other people close to you are attacked because of your testimony, this may, depending on the circumstances, violate your, or their, right to life or prohibition of inhuman treatment.
Special protection
You can ask for special protection if there is a reasonable concern of life, health or physical integrity of a witness or his close relative. Such concern may be justified if:
- There has been an attack on your life or health or other interests as a result of your role in uncovering a crime.
- You have received real threats to your life or health or other interests as a result of your role in uncovering a crime.
- You have not received any real threats yet, but there are sufficient grounds to believe that your life, health or other interests may be in danger as a result of your role in uncovering a crime.
You may only ask for special protection if your testimony is used for uncovering:
- a serious crime punishable by life imprisonment
- a crime committed by an organized group or a criminal group
- terrorist offenses
How to ask for protection
Request
If you believe that you are not safe during criminal proceedings, you should request secrecy of your identity from the person that is handling the case at that stage. This may be either the investigator, prosecutor or the court.
Special protection is provided in Slovakia by joining a special program of witness protection. A special commission shall decide to grant protection. The proposal is submitted by:
- in the pre-trial proceedings by the prosecutor or investigator with the consent of the prosecutor
- in the court trial by the president of the court senate.
Appeal
If you were refused protection of secrecy of your identity by a police officer or investigator, he/she shall submit the matter to the public prosecutor. If there is no risk of delay, police officer shall defer the interrogation of the witnesses until the public prosecutor decides on the matter. Otherwise, they shall interrogate the witness and the transcript of the interrogation is handled with classified identity until the public prosecutor decides.
If you were refused protection of secrecy by prosecutor you may complain. If your complaint is not satisfied by prosecutor, a higher ranking prosecutor will decide on issue.
If you were refused protection of special protection within a special program of witness protection, you may initiate new proposal of prosecutor or president of the court senate if it contains new facts which justify granting of protection.
Types of special protection
There are several types of special protection. Some of the special protection measures involve:
- ensuring protection by security guards
- a change of identity
- a change of residence or job
- urgent action to protect endangered person, etc.
Private life
Your private life must be protected during criminal proceedings. Photographs, videos or any other recordings of you taken during the investigation cannot be published in media without your permission. These materials can be published only if they are necessary for solving the crime. The publication of these materials without your permission and without justification may result in a violation of your right to a private life. Read more about the protection of your personal data, including your photos and videos.