Witness Protection and collaborators of Justice in Albania

AuthorBorana Ismaili
European Journal of Economics, Law and Social Sciences
IIPCCL Publishing, Graz-Austria
Vol. 1 No. 2
June, 2017
ISSN 2519-1284
Acces online at www.iipccl.org
Witness Protection and collaborators of Justice in Albania
Borana Ismaili
Recent years as a result of globalization, the free movement of people and the revolution
of information technology have increased signi cantly crime and new forms of crime have
appeared, endangering the safety and life of citizens, and consequently the need to enforce
stringent legal and institutional measures against terrorism and organized crime.
Therefore, based on witnesses’ declaration and justice collaborators who cooperate with
juridical authorities it is an invaluable contribution to the war against organized crime and
international institutions such as the United Nations, the Council of Europe, the European
Union, which have adopted the necessary legislation as well as recommend member states to
establish the right legislative framework to enable co-operation with witnesses and to provide
their protection.
Thus, based on the decisive role of witnesses and collaborators of justice in achieving successful
results in the ght against organized crime and terrorism, I was motivated to undertake this
scienti c paper focusing precisely on the treatment and analysis of the role of witnesses and
justice collaborators in criminal proceedings.
Keywords: witness, Protection Program, judicial reform, Albania.
This project aims to address and interpret the standards set by international and
European institutions regarding the protection of witnesses and justice collaborators,
as well as their re ection on Albanian legislation including new changes to the
Criminal Procedure Code expected to enter in Force on August 1, 2017.
The witness protection for the rst time appeared in the United States in 1970 as
a legally sanctioned procedure to be used in accordance with a witness protection
program that provided priceless assistance to the dismantling of criminal ma a
By then, among the members of the ma a, it was abided the “Code of Silence” known
as Omerta, a set of unwri en rules, which sanctioned that the members and anyone
who denounced the police was threatened with death. Convincing witnesses to
cooperate with the police was di cult. In this situation, the United States Department
of Justice consolidated its conviction of creating a witness protection program and
institutionalizing (Montanino, 1987) it as “O cial secret programs where inclusion in it
be subject to strict admission criteria and contain the relocation and alteration of the identity
of witnesses whose lives have been threatened by a criminal group due to cooperation with
legal authorities.
Based on the United Nations Manual on the Protection of Witnesses Involved in
Organized Crime, the notion of a witness is de ned as a person who possesses
important information about a court case and regardless of his legal status (informant,
witness, court employee, secret agent, etc.) ful lls the conditions to be included in the

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