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Date: April 30, 2024 Tue
Time: 3:26 am
Time: 3:26 am
Results for witness protection
3 results foundAuthor: Mahony, Chris Title: The Justice Sector Afterthought: Witness Protection in Africa Summary: This report seeks to address the frictions between protecting the rights of accused persons and protecting the physical and psychological wellbeing of witnesses in Africa. Developed states are still attempting to refine the weighing of these two public goods. The African challenge is complicated by poor capacity and integrity in the justice sector, as well as by lower living standards. These issues commonly cause justice inefficiencies which impede both witness protection and the rights of the accused. While the latter are critical to the integrity of the criminal justice process, witness protection is often the essential component of the successful prosecution of organised crime. Witness protection`s importance is tied to African states` growing willingness to address the phenomena of organised crime. The report addresses witness protection in South Africa as well as initiatives to create protection programmes in Kenya, Uganda and Sierra Leone. It also examines witness protection at the International Criminal Court (ICC), the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL). Its interpretation of witness protection is wide and includes sensitive investigatory, prosecutorial and judicial practices as well as relocation and identity change. Details: Pretoria, South Africa: Institute for Security Studies, 2010. 230p. Source: Internet Resource Year: 2010 Country: South Africa URL: Shelf Number: 118704 Keywords: CourtsWitness ProtectionWitnesses |
Author: Osterhaus, Anja Title: Alternative to Silence: Whistleblower Protection in 10 European Countries Summary: Whistleblowers play a vital role in exposing corruption, fraud and mismanagement and in preventing disasters that arise from negligence or wrongdoing. Prominent whistleblowers revealed the cover-up of SARS and other dangerous diseases that threatened millions of people in China; they disclosed corruption and nepotism in the European Commission and helped to avoid environmental hazards in the US. In most known cases, whistleblowers expose themselves to high personal risks in order to protect the public good. When speaking out against their bosses, colleagues, business partners or clients, they risk their jobs, their income and security. Nevertheless, rather than being heard and praised for their courage, most whistleblowers face indifference or mistrust and their reports are not properly investigated. They often end up in years of legal litigation, fighting for their own rights or for the case they have disclosed to be adequately investigated. The result can be health problems, depression and early retirement. At the same time, the value and importance of whistleblowing in the fight against corruption is increasingly recognised. International conventions commit the signatory countries to implementing appropriate legislation, and an increasing number of governments is willing to put related regulations in place. Ever more companies, public bodies and non-profit organisations put whistleblowing mechanisms in place for effective risk management and to ensure safe and accountable workplaces. Legal frameworks can be essential in supporting this practice, provided they ensure full protection of the whistleblower as well as adequate and independent follow-up to the disclosure. Given that whistleblowers are in most cases insiders who are the first to detect wrongdoing, functioning internal whistleblowing systems are excellent tools for effective risk management in organisations. With the aim of contributing to more effective whistleblowing frameworks and protection mechanisms in the European Union, this report assesses whistleblowing legislation, policies and practice in 10 European countries. In this report, the concept of whistleblowing is defined as ‘the disclosure by organisation members (former or current) of illegal, immoral or illegitimate practices under the control of their employers, to persons or organisations that may be able to effect action’. The report builds on in-depth research carried out in Bulgaria, the Czech Republic, Estonia, Hungary, Ireland, Italy, Latvia, Lithuania, Romania and Slovakia. In addition, it takes existing whistleblowing legislation and best practice into account. The report identifies weaknesses, opportunities and entry points to introduce stronger and more effective whistleblowing mechanisms in these countries. Details: Berlin: Transparency International, 2009. 48p. Source: Internet Resource: Accessed August 12, 2011 at: http://www.transparency.lt/new/images/alternative_to_silence_whistleblower_protection.pdf Year: 2009 Country: Europe URL: http://www.transparency.lt/new/images/alternative_to_silence_whistleblower_protection.pdf Shelf Number: 122378 Keywords: CorruptionFraudWhistleblowing (Europe)Witness Protection |
Author: Shimabukuro, Jon O. Title: Whistleblower Protections Under Federal Law: An Overview Summary: Legal protections for employees who report illegal misconduct by their employers have increased dramatically since the late 1970s when such protections were first adopted for federal employees in the Civil Service Reform Act of 1978. Since that time, with the enactment of the Whistleblower Protection Act of 1989, Congress has expanded such protections for federal employees. Congress has also established whistleblower protections for individuals in certain private-sector employment through the adoption of whistleblower provisions in at least 18 federal statutes. Among these statutes is the Sarbanes-Oxley Act, the FDA Food Safety Modernization Act, and the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). In general, claims for relief under the 18 federal statutes follow a similar pattern. Complaints are typically filed with the Secretary of Labor, and an investigation is conducted. Following the investigation, an order is issued by the Secretary, and a party aggrieved by the order is generally permitted to appeal the Secretary’s order to a federal court. However, because 18 different statutes are involved in prescribing whistleblower protections, some notable differences exist. For example, under the Department of Defense Authorization Act of 1987, individuals employed by defense contractors who engage in whistleblowing activities file complaints with the Inspector General rather than the Secretary of Labor. Under some of the statutes, including the Commercial Motor Vehicle Safety Act and the Dodd-Frank Act, the Secretary’s preliminary order will become a final order if no objections are filed within a prescribed time period. This report provides an overview of key aspects of the 18 selected federal statutes applicable to individuals in certain private-sector industries. It focuses on the protections provided to employees who believe they have been subject to retaliation, rather than on how or where alleged misconduct should be disclosed. In addition, the report also includes an overview of the Whistleblower Protection Act. While state law may also provide whistleblower protections for employees, this report focuses only on the aforementioned federal statutory provisions. Details: Washington, DC: Congressional Research Service, 2012. 25p. Source: Internet Resource: R42727: Accessed October 1, 2012 at: http://www.fas.org/sgp/crs/misc/R42727.pdf Year: 2012 Country: United States URL: http://www.fas.org/sgp/crs/misc/R42727.pdf Shelf Number: 126532 Keywords: CorruptionFraudWhistleblowing (U.S.)Witness Protection |