Based on the Article IV. 4.

a) of the Constitution of Bosnia and Herzegovina,

Parliamentary Assembly of the BiH, followed by the session of the House of Representatives
held on 13th and 26th of March 2014 and the session of the House of Peoples held on 29th of
April 2014 adopted the

WITNESS PROTECTION PROGRAMME LAW IN BOSNIA AND

HERZEGOVINA

Article 1.
(Purpose of the Law)

The purpose of this Law is to provide for efficient protection of a witnesses before,
during and after criminal proceedings in order to enable the witnesses to testify freely and
openly in criminal proceedings before the Court of Bosnia and Herzegovina (hereinafter: the
Court of BiH).

Article 2.
(Meaning of terms)

For the purposes of this Law the following terms shall mean:
a) “Witness” is a person without whose testimony there would be no prospects in
criminal proceedings of investigating and ascertaining the facts or ascertaining the
whereabouts of the suspect, or without whose testimony it would be significantly
hampered;
b) “Close Person” includes family members and other persons in a close relationship
with the witness;
c) “Protection measures” are all individual non-procedural measures aimed at
protecting the witness and close person from any intimidation, attack or any
dangerous consequences of his decision to testify i.e. to colaborate with justice;
d) “Witness Protection Programme” (hereinafter: Program) is a set of individual
protection measures stipulated by this Law, and which the Witness Protection
Department of State Investigation and Protection Agency (hereinafter: Department)
undertakes for protection of life, health, freedom, physical integrity or property of the
persons involved in the programme;
e) “Committee for application of the Programme” is a body prescribed by this Law,
authorized to make decisions on beginning, interruption, continuation and ending of
the Programme, as well as for other activities prescribed by this Law;
f) “Urgent measures” are temporary protection and support measures defined by this
Law, which Department undertakes until making decision on application of the
Programme, i.e. until concluding the agreement on protection programme.
g) “Witness Protection Department” is specialized independent organizational unit
within the State Investigation and Protection Agency (hereinafter: SIPA).

Article 3.
(Area of application)

(1) The Program may apply when proving one of the following criminal offenses:
a) Against the integrity of Bosnia and Herzegovina;
b) Against the humanity and values protected by the international law;
 c) Terrorism;
d) Crimes which are being committed in an organized manner (organized crime);
e) Crimes for which the legislation may impose a penalty for a period of five years or
more.
(2) A witness may be provided with protection with his consent, and in accordance with
this Law, if he, a member of his family or a close person faces a serious danger to life,
health, freedom and property because of his intention to testify.
(3) A witness may also be provided with protection in accordance with the provisions of
this Law if the danger is noticed after the termination of criminal proceedings, as well
as if the danger is a result of the person having testified during the proceeding.
(4) In accordance with this Law the protection measures may be terminated if one of the
preconditions, named in paragraph (2) and (3) of this Article, was not met at the time
protection was granted or has subsequently ceased to be valid. Termination of the
criminal proceeding shall not automatically result in the cancellation of witness
protection measures if the danger continues to exist.

Article 4.
(Committee for application of the Programme)

(1) The decisions on application, interruption, extension or termination of the Program are
laid down by the Committee for application of the Programme (hereinafter:
Committee). The Committee is authorized to perform other activities in accordance
with this Law.
(2) The Committee consists of: judge of the Criminal Council of the Court of Bosnia and
Herzegovina, prosecutor of the Prosecutor’s Office of Bosnia and Herzegovina and
Head of the Witness Protection Department (hereinafter: Head of the Department).
(3) A member of the Committee is proposed by the head of the authorising body.
(4) Ex-officio, the judge of the Criminal Council of the BiH Court is the President of the
Committee.
(5) Members of the Committee are appointed for the period of 5 years with a possibility of
reappointment.
(6) Administrative and technical affairs of the Committee shall be performed by the
Department.
(7) The Committee shall be appointed by the Council of Ministers of Bosnia and
Herzegovina at the proposal of the Ministry of Security (hereinafter: Ministry of
Security).
(8) Ministry of Security shall initiate procedure for establishing of the Committee and its
validation by the Council of Ministers of Bosnia and Herzegovina within 30 days from
the date of coming into force of this Law.
(9) Committee members shall not be additionally paid for their work in the Committee.

Article 5.
(Termination of the membership in the Committee)

(1) Membership in the Committee terminates:

a) upon expiration of the term the member was appointed to;
b) at the member’s own request;
c) in case of termination of the member’s function or employment, based on which
he/she had been appointed;
 d) due to revealing of classified data related to work of the Committee or due to loss
of permission to access classified data;
e) Non-compliance with the regulations related to the implementation of the Program;
f) Due to the permanent inability to do the job.
(2) The decision on termination of the membership in the Committee is laid down by the
Councils of Ministers of Bosnia and Herzegovina upon the proposal of the Committee.

Article 6.
(Work of the Committee)

(1) The Committee’s work shall be managed by a Chairman.

(2) The Committee is independent in its work and makes unanimous decision during the
session.
(3) The Committee shall adopt its Rules of Procedure within 30 days from the date of
establishment.
(4) Work and acts of the Committee shall be treated as confidential and as such must be
marked.
(5) The Committee is in charge of:
a) making a decision on application of the Programme;
b) making a decision on interruption of the Programme;
c) making a decision on extension of the Programme;
d) making a decision on ending of the Programme;
e) making a decision on application of protection measures and approval of an
agreement on the Programme application.

Article 7.
(Witness Protection Department)

(1) The Department organizes and implements the Programme and urgent measures,
concludes the operational agreements and has a responsibility for its application.
(2) All administrative bodies and public institutions of Bosnia and Herzegovina, entities
and Brcko District of Bosnia and Herzegovina are obliged to provide assistance to the
Department, and if requested, to perform actions under their jurisdictions, which are
necessary for undertaking the measures from this Law.
(3) Decisions of the Department which can influence the execution of criminal sanctions,
detention centre and other measures, shall be made in line with previously conducted
consultations with the Head of the given institution.
(4) The Department makes decisions and executes all the measures which are determined
in relation with foreign witnesses in BiH, and in accordance with the assumed rights
and obligations from multilateral and bilateral agreements.
(5) In accordance with previously assumed rights and obligations from multilateral and
bilateral agreements between BiH and other states, the Department may conclude the
operational agreements and protocols with foreign administrative bodies and
institutions responsible for the implementation of the agreement related to the
Programme.
(6) The Department implements assignments linked to the program stipulated in this Law,
fosters co-operation and exchange of information with executive, judicial and other
bodies in BiH as well as with foreign authorities and international organisations
responsible for witness protection.
 Article 8.
(Procedure for the application of the Witness Protection Program)

(1) Decision on the application of the Programme is made by the Committee upon the
justified request for application (hereinafter: Request) from the Chief Prosecutor of the
Prosecutor’s Office of Bosnia and Herzegovina (hereinafter: Chief Prosecutor) or from
the President of the Court of BiH.
(2) The initiative for the submission of the request to the Chief Prosecutor or to the
President of the Court of BiH may be given by: competent judge handling the case, the
head of correctional institution, the authorized attorney, the prosecutor, the police unit
in charge of the investigation and witness or close person.
(3) The Chief Prosecutor or President of the Court of BiH shall make decision within 5
days upon the reception of the request to submit or not a proposal for admission to the
Committee.
(4) Request for the application of the Programme has to contain:
a) detailed data about the witness and close persons for whom the protection
program is being proposed;
b) description of the crime and assessment of the existing evidence;
c) description of the circumstances proving the existence of the evident and serious
danger for the person for whom the Programme is being proposed;
d) other data relevant for the implementation of the Protection Program.

(5) President of the Committee shall convene the session of the Committee immediately, or
five days upon receipt of the Request from the Chief Prosecutor or from the President
of the Court of BiH at the latest. The Committee can demand from the Chief Prosecutor
or from the President of the Court of BiH to complement the Request with the relevant
information. The Committee decides about the request or amendments, within 20 days
from the date of submission of the Request and informs the Chief Prosecutor or the
President of the Court of BiH and the Department about the decision.
(6) Prior to deciding about the admission to the Programme, the Committee shall consult
and obtain an evaluation from the Department containing an assessment of the danger
threatening the witness and/or close persons, a psychological and physical assessment,
proposed protection measures and their duration, and general expenses necessary for
the implementation of protection measures.

Article 9.
(Agreement on implementation of the Programme)

(1) When Committee decide on implementation of the Protection Program, it shall

authorise the Head of the Department to conclude the Agreement on implementation of
the Programme with a witness and a close person (hereinafter: Agreement).
(2) The Agreement from paragraph (1) of this article contains the following elements:
a) names of the contractual parties;
b) a statement of the witness, i.e. the close person, about the voluntary involvement
in the Programme;
c) a statement that the information given in the Questionnaire is true, and that in
case of giving false information, the Programme can be aborted;
d) a statement that the person involved in the Programme is familiar with the
Agreement and understands its content;
e) obligations of the contractual parties;
 f) duration of the Programme;
g) clause that the agreement is made in a single copy and that it is saved in the
Department;
h) other data relevant for the implementation of the Programme;
i) signatures of the contractual parties together with the date of conclusion of the
agreement.
j) a clause that the obligations arising from the agreement cannot be the subject of
civil or other court dispute.
(3) Before the agreement is concluded, the Committee shall approve text of the
agreement.
(4) Implementation of the Programme begins with the date of conclusion of the
Agreement.
(5) Director of the SIPA shall, based on the recommendation of the Head of the
Department, prescribe provisions on content of the Agreement within 30 days from
the date of coming into force of this Law.
(6) Before signing the Agreement, witness i.e. a close person shall fill the Questionnaire.
The content of the Questionnaire shall, within 30 days from the date of coming into
force of this Law, be issued by the director of the Agency based on the
recommendation of the Head of the Department.

Article 10.
(Protection Measures)

(1) Measures for protection of the witness, i.e. close person are:
a) physical and technical protection of the person and property;
b) relocation;
c) cover-up of identity and ownership data;
d) Change of identity.
(2) The Head of the Department independently decides about the type and duration of the
measures under paragraph (1), item a) of this Article. In case of persons deprived of
liberty the decision on protection measure from item (e) shall be taken in cooperation
with the prison system administration or the administration of the penal-correctional
institution.
(3) If the Head of the Department considers that it is necessary to apply protection
measures referred to in paragraph (1), items b), c) and d) of this Article, the request
shall be submitted to the Committee for approval and application of the measures. The
Committee shall decide upon this request submitted by the Department within seven
days. In case of persons deprived of liberty, protection measures referred to in
paragraph (1), items b), c) and d) of this Article shall be taken in cooperation with the
prison system administration of the penal-correctional institution.
(4) The Department may apply one or more witness protection measures at the same time.
(5) The Department shall assess at least once a year, the validity of the established
protection measures and in accordance with the assessment shall apply and readjust
adequate measures.

Article 11.
(Description of the Protection Measures)
(1) Physical and technical protection of the person and property of a witness, i.e. a close
person, includes prevention of endangering of life, health, physical integrity, freedom
or property by usage of physical-technical measures.
(2) Relocation of the witness i.e. a person close shall consist in a temporary or permanent
resettling from the place of his residence to other place in Bosnia and Herzegovina or
abroad.
(3) Identity cover-up data measure includes a production and use of the personal identity
and property documents, of the witness i.e. a close person, with original data
temporarily altered.
(4) Altered identity includes changes of the parts or complete personal data of the witness
i.e. a close person, bearing in mind that this measure can imply a certain change of his
physical characteristics.
(5) More precise regulations about the procedures and the ways for the implementation of
the protection measures shall be determined by the director of the SIPA on a proposal
of the Head of the Department within 30 days from the date of coming into force of
this Law.

Article 12.
(Assistance provision)

(1) The Department shall provide necessary economical, legal, medical, psychological
and social assistance until the moment of complete independence of the witness, i.e.
close person.
(2) Assistance from the paragraph (1) of this Article cannot be greater than the amount
necessary to cover the life expenses and inclusion to the civil society environment.

Article 13.
(Urgent measures)

(1) The measures referred to in Article 10., paragraph (1), items a), b) and c) of this Law
may be applied as Urgent measures.
(2) The urgent measures are implemented by the Department.

Article 14.
(Implementation of the urgent measures)

(1) If the Chief Prosecutor or the President of the Court of BiH, upon the receipt of the
initiatives from Article 8., paragraph (2) of this Law, assesses that the life, health or
physical integrity, freedom or property of the witness i.e. a close person, could be at
once exposed to real and serious danger which cannot be removed by the appropriate
protection measures provided by the police civil service he shall submit a request to
the Department in order to implement urgent measures. In the absence of the Chief
Prosecutor, i.e. the President of the Court of BiH, and when the level of risk
requesting urgent action is very high, the request for implementation of urgent
measures may be submitted by acting Chief Prosecutor or competent judge handling
the case.
(2) Decision on the type and application of urgent measures is made by the Head of the
Department within 24h of the receipt of the request.
(3) Before the application of urgent measures, the Head of the Department shall secure
written consent of the witness and close person.
(4) Urgent measures are applied until signing the Agreement. In case that the Committee
rejects the request for admission to the Programme, urgent measures will cease to
apply.

Article 15.
(Confidentiality and data processing)

(1) The Department performs the processing of personal data related to the witness and
close person and keeps records of personal and other data for which processing is
empowered by this Law.
(2) The name and content of the records from paragraph (1) of this Article shall be in
detail regulated by secondary legislation which will be adopted by the Head of SIPA
in accordance with this Law and the Law on personal data protection („Official
Gazette of BiH“ No. 49/06, 76/11 and 89/11).
(3) Decisions and measures taken in accordance with regulations of this Law shall be
documented and stored in file. Confidential documents and documents which are not
forming a part of investigation file shall be maintained by the Department. At the
request from the Prosecutor’s Office of Bosnia and Herzegovina i.e. the Court of BiH
the file may be made available. Personnel of the Prosecutor’s Office, the Court of BiH
and the Department are required to provide information related to witness protection
in criminal proceedings in accordance with general principles of the CPC BiH.
(„Official Gazette of BiH“ 3/03, 32/03, 36/03, 26/04, 63/04, 13/05, 48/05, 46/06,
76/06, 29/07, 32/07, 53/07, 76/07, 15/08, 58/08, 12/09, 16/09 and 93/09).

Article 16.
(Personal data protection)

(1) All information acquired in the course of those duties and related to a person who
performs official duties in connection with witness protection measures, shall be
considered as secret data in accordance with the Law on protection of secret data
(“Official Gazette of BiH”, No. 54/05 and 12/09).
(2) No person or public agency involved in witness protection may disclose any
information related to a witness or person from paragraph (1), (2) and (3) of the
Article 2 of this Law, nor any information related to any protection measure which
may be known, including the period after the end of witness protection as well as after
the termination of his/her employment contract.
(3) During the conferral and exchange of data between bodies it shall be ensured that
harm is not caused to protected person.
(4) Authority bodies and public institution bodes shall without delay inform the
Department of each request to disclose protected data or data otherwise designated by
Department.
(5) In order to protect the life, health, freedom and property of the protected witness, all
the data and information regarding the persons included in the Witness Protection
Programme as well all the data and information regarding the staff and activities of
the Department are confidential.
(6) In case the measure from Article 10, paragraph (1), cannot be carried out otherwise, in
performing of activities from its competence the Department may disguise the real
 identity of its employees as well as disguise ownership on articles used to perform
certain measures.
Article 17.
(Production and maintaining of documents with the altered data)

(1) At the request of the Department public agencies, public institutions and other legal
authorities performing public duties shall in compliance with the data communicated
by the Department and in favour of the protected person, issue or temporarily alter
certificates or other documents indispensable to produce or maintain the identity and
ownership data temporarily altered (documents about new identity), and may process
the changed data.
(2) The protected person may participate in legal transactions using the temporarily
altered identity. For entering in legal affairs which may have influence on third
parties, protected person may use the certificate from the paragraph (1) of this Article
only with prior approval from the Department. If the Department does not issue
approval to enter into legal transaction, protected person may, with the approval from
the Department, choose a warrantee/proxy who will on behalf of him be able to make
deals. The Department is obliged to provide, for a person subject to the Programme,
to be available for the purpose of legal transactions.
(3) The provisions of the paragraph (1) of this Article shall apply in relation to employees
of the Department where this is indispensable to carry out their tasks.
(4) After the change of identity, the Department approves and supervises the approach to
original identity data of the witness and close persons included to the Programme, and
takes care about all statutory and other rights and obligations related to original
identity of the witness and close persons.
(5) Administrative bodies, public institutions and other legal bodies responsible for
record keeping and issuing of documents shall include a note in records about original
data of the protected person, that without approval from the Department it is not
possible to perform any action related to original identity of the witness or close
person.
(6) Administrative bodies, public institutions and other legal bodies are also obliged to
inform the Department about all cases of unauthorized access to the evidence with the
aim of disclosure of disguised, altered or real identity of the witness or close persons.
(7) Administrative bodies, public institutions and other legal bodies responsible for
record keeping and issuing of documents shall within three months from the day of
coming into force of this Law adopt the implementing regulations on way and
procedure of issuing documents from paragraph (1) and (3) of this Article
(8) Original certificates and documents of protected persons are stored in the Department.

Article 18.
(Expiration and termination of the Programme)

(1) The Programme expires with:

a) expiry of the Programme application period predicted by the Agreement;
b) death of person subject to the Programme;
c) there are no more justified reasons for application of the Programme.
(2) The Programme terminates if:
a) person waives the Programme;
b) protected person disobeyed obligation under the agreement;
 c) if during the implementation of the Programme, a criminal proceedings
against a protected person is initiated because of a crime which can challenge
the validity of the Programme and
d) if the protected person submits false information in the Questionnaire or
submits false information to the Prosecutor’s Office of Bosnia and
Herzegovina, the Court of BiH or to the Department.
(3) The Committee makes a decision on expiration and termination, on a proposal of the
Head of the Department, the Chief Prosecutor, President of the Court of BiH or the
witness i.e. close person.

Article 19.
(Claims/demands against third parties)

(1) Protected person’s claims against third parties shall remain unaffected by measures
from the Articles 10. and 13. undertaken in accordance with this Law.
(2) In order to exercise his/her rights, a person included in the Programme may appoint a
warrantee who will represent him/her with prior approval from the Department.
(3) If it is necessary to ensure claims of protected persons against public agencies, the
Department shall inform these agencies and communicate the facts that are relevant
for the decision on the claim.

Article 20.
(Third party claims)

Claims by third parties against the witness i.e. close person, shall remain unaffected
by measures in accordance with this Law. The witness i.e. close person shall disclose these
claims to the Department.

Article 21
(Allowances provided by the Department)

The Department may provide the allowances only if it is necessary for protection and
adequate assistance for the witness i.e. close person. Allowances shall be refunded only if
they were granted on the basis of false information that was provided deliberately.

Article 22
(Witness protection in other proceedings)

(1) The witness and close person provide information only on their original identity in
legal matters in which they have participated until getting changed identity on the
basis of the Programme,
(2) Witness i.e. close person, included in the Programme who is to be examined in the
framework of different proceeding after getting the new identity gives only
information related to his new (changed) identity and is obliged to inform the
Department without any delay.

Article 23
(International Cooperation)
 (1) International cooperation is achieved on the basis of rights and obligations that BiH
has from signed bilateral and multilateral agreements and on the basis of reciprocity
and signed operational agreements.
(2) Under the conditions from paragraph (1). of this Article, the Department shall:
a) submit an application to foreign state for receiving the witness, i.e. close
person, and for application the protection measures designed by this Law;
b) act upon the application of foreign state for receiving the protected witness and
for application the protection measures in BiH.
(3) A foreigner who is to be protected in accordance with the meaning of paragraph (1).
of this Article may be deported from Bosnia and Herzegovina only with the approval
of the Department.
(4) The Department shall without delay inform responsible bodies / competent authority
about the beginning and termination of the Programme for a foreigner.

Article 24.
(The Department’s and the Committee’s Reporting)

(1) The Committee submits a yearly report on general activities to the Council of
Ministries of Bosnia and Herzegovina.
(2) The Department submits a yearly report on general activities to the director of SIPA
and to the Minister of Security of BiH.
(3) The Department delivers a report on general activities of the Committee every three
months.

Article 25
(Financing)

(1) On a proposal of the SIPA, funds for implementation of this Law shall be provided in
the Finance law of Bosnia and Herzegovina.
(2) The Head of the Department plans yearly funds for the Programme and urgent
measures implementation and delivers it to the Director of SIPA.
(3) The Head of the Department is responsible for the funds granted for the
implementation of the Programme and the application of urgent measures and shall
present a yearly report to the Director of SIPA.
(4) Within 60 days from the date of coming into force of this Law, the Director of SIPA,
with obtained opinion from the Minister of the Security of Bosnia and Herzegovina,
shall adopt the regulations using the instruments under paragraph (1) of this Article.

Article 26
Termination

Law on Witness Protection Program in Bosnia and Herzegovina (“Official Gazette of BiH’’,
no.29/04) shall be repealed upon the entry into force of this Act.

Article 27
Entry into force

This law shall enter into force on the eighth day from the day of its publication in the
“Official Gazette of Bosnia and Herzegovina”.
No 01,02-02-1-20/13
29th April 2014
Sarajevo

Chairman of the Chairman of the

House of Representatives House of Peoples
Dr. Milorad Zivkovic Dr. Dragan Čovic