In certain criminal cases in Leiden, witnesses can remain anonymous to safeguard their safety against possible threats. However, this impacts the defendant's rights to defend themselves.
When is anonymity possible?
A witness may testify anonymously under the following circumstances:
- There is a real threat to the safety of the witness
- The witness does not feel free to speak openly without anonymity
- It concerns serious criminal offenses
Types of anonymity
Partially anonymous witness
The identity of the witness is unknown to the defendant, but known to the judge. The defense has the opportunity to submit questions in writing.
Fully anonymous witness (Article 226a CCP)
The witness is examined by the examining magistrate, with voice and appearance possibly altered. The defendant only hears the content of the statement, without knowing who the witness is.
Extra protected witness
In cases related to terrorism or serious organized crime, such as sources of the AIVD, additional protection may be applied.
Evidentiary value of anonymous statements
A conviction may not be based solely or primarily on anonymous testimonies. There must always be additional evidence to support the reliability.
Compensatory measures for the defense
Because direct confrontation with the witness is not possible, the following compensations are provided:
- Submit written questions via the judge
- The examining magistrate assesses the credibility of the witness
- The judge provides extra thorough reasoning for using the statement
Frequently asked questions about anonymous witnesses
When can a witness remain anonymous?
A witness can remain anonymous in cases of serious safety risks, if the witness otherwise does not dare to speak out, or in serious crimes. The judge determines whether this is necessary, despite the limitation of the defendant's rights.
What distinguishes a partially anonymous from a fully anonymous witness?
With a partially anonymous witness, the judge knows the identity, but the defendant does not, and the defense can ask written questions. With a fully anonymous witness (Article 226a CCP), the witness is heard shielded by the examining magistrate, with unrecognizable voice and appearance.
Can a conviction be based solely on anonymous statements?
No, a conviction may not be based entirely or primarily on anonymous statements. There must be additional evidence, such as documents or other witnesses, and the judge must carefully motivate it.
How can the defense deal with an anonymous witness?
The defense can pose written questions that are handled by the examining magistrate. In addition, the judge tests the reliability of the witness as compensation for the lack of direct confrontation.
What does an extra protected witness entail?
An extra protected witness, often in terrorism or serious crime cases, receives maximum shielding. This may apply, for example, to AIVD sources, where even the judge does not know the identity, to ensure safety.
Relevant locations in Leiden: District Court of The Hague, Leiden Location; Legal Aid Office Leiden, Stationsweg 46.