There are several ways in which you can prevent or rectify a violation of your rights during criminal proceedings in which you are a witness. If the violation is not rectified, there are several ways you can ask for compensation.
Your rights as a witness
If you believe that in the process of calling you to testify, or taking your testimony, your rights have been violated, you should file a complaint to:
- the supervising prosecutor if the testimony was taken by an investigator
- a higher prosecutor if the testimony was taken by a prosecutor
- the investigative judge when the higher-ranking prosecutor did not remedy violation of your right
Your private life
If you believe that the questions asked to you during your testimony unjustifiably reveal secrets in your private life, you should file a complaint:
- to the prosecutor, to the higher prosecutor and, if the case, further to the investigative judge during the pre-trial procedure or
- directly to the court by asking for the question to be stricken out during the trial
Failure to grant protection
If the investigator in your case refused to suggest granting you protection measures or refused to grant you urgent or assistance measures, you should appeal that decision to the prosecutor.
If the decision was taken by the prosecutor, you should appeal it to the investigative judge.
If the decision was taken by the court, you should file the appeal to a higher court.
Compensation
If a violation of your rights was not rectified during the trial, you should apply to other national or international human rights institutions to establish whether your rights were violated and obtain compensation.
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