Witness Protection in Criminal Proceedings: A Comparative Study between Iraq and Egypt

Abstract

Witness protection in criminal proceedings is a cornerstone of achieving criminal justice and ensuring a fair trial, as witness testimony plays a crucial role in uncovering the truth and establishing the facts in dispute. However, witnesses may be exposed to numerous risks, including physical threats, psychological pressure, and material inducements, which could affect their will or the credibility of their statements. Given these challenges, the importance of establishing an effective legal framework for witness protection becomes paramount. This framework should balance the interests of justice with the rights of the accused and guarantee the safety and security of witnesses. This research aims to conduct a comparative study of witness protection in criminal proceedings between Iraqi and Egyptian legislation, revealing similarities and differences in legal foundations, practical procedures, and institutional mechanisms. The study concluded that both Iraq and Egypt have recognized the importance of witness protection and enacted some legal measures for it; however, the scope of this protection differs in terms of its comprehensiveness and effectiveness. The Egyptian framework is characterized by a clearer and more detailed institutional legal framework, while the Iraqi framework suffers from shortcomings in its implementation mechanisms and a lack of comprehensive protection across all stages of criminal proceedings, particularly the pre-trial stage. The findings also indicated that effective protection requires coordination between judicial and security authorities, as well as the provision of psychological and legal support to witnesses. The study recommended the establishment of a comprehensive national witness protection system in Iraq, drawing on the Egyptian experience while taking into account Iraqi legal and social specificities. This system should be based on specific legislation, a specialized body, and field and procedural protection mechanisms that guarantee the safety of witnesses and their confidence in the justice system.