THE LAW-MAKING ACTIVITIES OF THE UNITED NATIONS IN THE FIELD OF PROTECTION OF VICTIMS AND WITNESSES IN CRIMINAL PROCEEDINGS

Multidisciplinary and Multidimensional Journal ISSN: 2775-5118 Vol.4 No.10 (2025) I.F. 9.1 25 THE LAW-MAKING ACTIVITIES OF THE UNITED NATIONS IN THE FIELD OF PROTECTION OF VICTIMS AND WITNESSES IN CRIMINAL PROCEEDINGS Yuri Pulatov, Professor of the Department of the University of Public Security of the Republic of Uzbekistan, Doctor of Law, Professor Abstract: The article reveals law-making active activity of the UN on protection of the rights of victims and witnesses in criminal proceedings. Keywords: UN, law-making, rights, protection, victims, witnesses, criminal proceedings, activity, documents. Annotatsiya: Maqolada jinoyat-protsessual huquqda jabrlanuvchilar va guvohlarning huquqlarini himoya qilish bo‘yicha BMTning qonunchilik tashabbuslari va faoliyati yoritiladi. Kalit so‘zlar: BMT, qonunchilik, huquqlar, himoya, jabrlanuvchilar, guvohlar, jinoyatprotsessual huquq, faoliyat, hujjatlar. Аннотация: В статье раскрывается правотворческая активная деятельность ООН по защите прав потерпевших и свидетелей в уголовном судопроизводстве. Ключевые слова: ООН, правотворчество, права, защита, потерпевшие, свидетели, уголовное судопроизводство, деятельность, документы. The idea of the need to properly protect individuals who assist in criminal proceedings— primarily victims and witnesses—is not new. However, its rapid development, from a historical perspective, covers a relatively short period of time. The institution of state protection began to attract significant attention from the international community in the second half of the 20th century. Starting from this period, many developed countries began to face a serious decline in the effectiveness of criminal justice. The main reason for this was the growing number of cases where Multidisciplinary and Multidimensional Journal ISSN: 2775-5118 Vol.4 No.10 (2025) I.F. 9.1 26 criminals and their associates exerted illegal influence on other participants in the criminal process—especially victims and witnesses. The methods of pressure were diverse, and practice showed that within the framework of the then-existing criminal procedure legislation, it was almost impossible to counter such phenomena using traditional methods and tools. One of the key factors influencing this negative trend was the globalization process that began to take shape in the late 1980s. This process affected all spheres of social life, including the development of crime, strengthening of its transnational connections, and its transformation into a cross-border phenomenon. Under such conditions, criminal organizations sought not only to protect themselves but also to undermine the effectiveness of state bodies authorized to combat crime. One of the most effective ways to achieve this was to make participation in criminal proceedings unbearable for key participants—witnesses and victims—forcing them to refuse cooperation with justice institutions altogether. This caused serious damage not only to their personal interests but also to the fulfillment of their civic duty. The problem became so acute and widespread that it inevitably attracted the attention of the world’s most influential international organization—the United Nations (UN). Founded in 1945, the UN brought together most of the world’s civilized nations and took a leading role in developing approaches and principles for protecting vulnerable categories of persons in criminal proceedings. The UN has continuously focused on crime prevention and improving the effectiveness of criminal justice. The Universal Declaration of Human Rights, adopted and proclaimed by UN General Assembly Resolution 217A (III) on December 10, 1948, has served for decades as the core document of UN human rights policy [1]. Several provisions of the Declaration are directly related to the protection of persons assisting in criminal proceedings. In particular, Article 12 is of special significance. It states: “No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence, nor to attacks upon his honor and reputation. Everyone has the right to the protection of the law against such interference or attacks.” In essence, the Declaration established universal principles and standards of human rights, reflecting behavioral models developed and tested throughout human history. Consequently, many of its provisions were readily accepted and incorporated—almost unchanged—into the constitutional and legal frameworks of various countries, including the Republic of Uzbekistan. Multidisciplinary and Multidimensional Journal ISSN: 2775-5118 Vol.4 No.10 (2025) I.F. 9.1 27 Subsequent UN documents aimed at protecting the rights and interests of persons involved in criminal proceedings further developed and elaborated on the provisions of the Declaration. Their main focus was to strengthen guarantees for the protection of individual rights. On December 16, 1966, the UN General Assembly adopted the International Covenant on Civil and Political Rights by Resolution 2200A (XXI) [2]. According to Article 2(3) of the Covenant, States Parties undertook to ensure effective legal remedies for anyone whose rights and freedoms were violated. This provision imposes a duty on competent authorities to apply protective measures, obliging states to guarantee the individual’s right to protection under the law. The Covenant also provides for the possibility of holding court proceedings in full or partial closed sessions. According to it, trials may be closed “for reasons of morals, public order, or national security, or when the interests of the private lives of the parties so require, or to the extent strictly necessary, if publicity would prejudice the interests of justice.” Clearly, this rule also applies in situations where witnesses and victims face unlawful influence in criminal cases. Among UN documents related to improving criminal procedure and protecting participants’ rights, special mention should be made of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power [3], adopted by UN General Assembly Resolution 40/34 on November 29, 1985. Its significance lies in recognizing at the international level that the term “victim” includes not only the direct victim but also close family members or dependents, as well as persons who suffered harm while assisting victims or preventing victimization [4]. For the first time, this Declaration proposed the development of international and regional mechanisms for legal protection of crime victims. Within its context, the category of “victims” may rightfully include witnesses, victims, their relatives, and—more broadly—all participants in criminal proceedings. This broad interpretation of “victim” underlines the Declaration’s crucial role in forming the institution of protection for criminal procedure participants. The Declaration also applies to law enforcement and judicial officials, aiming to help them better understand the complex and multifaceted issues of victim protection. Its provisions were further supported by the UN Economic and Social Council in Resolutions 1989/57 [5] and 1990/22 [6]. Moreover, it was endorsed by the Eighth UN Congress on the Prevention of Crime and the Treatment of Offenders. In Resolution 44/162 of December 15, 1989 [7], the UN General Assembly recommended that Member States use this document when developing strategies for implementing UN norms and standards in justice. Thus, the Declaration became a cornerstone document defining long-term directions for international cooperation in protecting persons assisting criminal justice. Multidisciplinary and Multidimensional Journal ISSN: 2775-5118 Vol.4 No.10 (2025) I.F. 9.1 28 Regular UN Congress meetings on Crime Prevention and Criminal Justice, which have been held every five years since the first one in 1955 in Geneva, have also significantly influenced the formation of the legal framework for protecting victims, witnesses, and other participants. In this context, the Caracas Declaration, adopted by Resolution 35/171 on December 15, 1980 [8], is of great importance. It outlined the fundamental principles of criminal justice, including the need to reconsider traditional crime control strategies and to ensure maximum protection of every person’s safety and rights. The Declaration emphasized that the global community faced the growing challenge of new and unconventional forms of crime [9]. On November 29, 1985, the UN General Assembly adopted the Milan Plan of Action [10], approved at the Seventh UN Congress on Crime Prevention and Criminal Justice held in Milan. The Plan officially acknowledged the global and national seriousness of crime, stating that “certain forms of crime can hinder political, economic, social, and cultural development, endanger human rights and fundamental freedoms, and threaten peace, stability, and security” [11]. The Plan proposed several recommendations fully encompassing the issue of protecting participants in criminal proceedings. Among them were:  Strengthening bilateral and multilateral cooperation in preventing crime and enhancing justice;  Conducting research on traditional and emerging forms of crime;  Improving criminal justice systems to adapt to social changes and new crime trends. From this perspective, the idea of responding to new forms of crime also included taking state measures—through authorized bodies—to protect persons assisting criminal proceedings from unlawful pressure by suspects, defendants, or their associates. Based on the Caracas Declaration and Milan Plan of Action, the Guidelines for the Prevention of Crime and the Criminal Justice System were adopted. Paragraph 27 established the principle of ensuring access to justice for all segments of society, particularly the most vulnerable. It also called for the creation of special mechanisms for protecting human rights and providing legal assistance. At the Eighth UN Congress, held in Havana in 1990, issues of organized crime, terrorism, and the protection of participants in criminal proceedings were discussed. The Congress emphasized that witness protection is an integral part of the state’s fight against crime. This was confirmed in the annexed document “Measures to Combat International Terrorism” [13], which included a separate section (“M”) on witness protection, recommending that states develop Multidisciplinary and Multidimensional Journal ISSN: 2775-5118 Vol.4 No.10 (2025) I.F. 9.1 29 special policies and programs to protect witnesses—especially those of terrorist acts—and share best practices internationally. The same Congress adopted the Guidelines for the Prevention and Control of Organized Crime [14], which stated that protecting witnesses from intimidation and violence during investigations and trials is becoming increasingly important. The UN recognizes that ensuring human rights and freedoms requires establishing standards and principles that promote the effective functioning of judicial and law enforcement bodies. These institutions are key in guaranteeing individual rights. Hence, their officials must adhere to uniform ethical standards that prioritize human rights and dignity. The first UN document in this field was the Code of Conduct for Law Enforcement Officials [15], adopted by UN General Assembly Resolution 34/169 on December 17, 1979. It obliges law enforcement officers to protect individuals from illegal acts, respect human dignity, uphold rights, and maintain confidentiality unless disclosure is required for justice. Later, the Guidelines for the Effective Implementation of the Code of Conduct for Law Enforcement Officials [16] were adopted by UN ECOSOC Resolution 1989/61 on May 24, 1989. These recommended incorporating the Code’s principles into national legislation and broadly defining the term “law enforcement officials” to expand protection guarantees and prevent abuse of power. A logical continuation of these efforts was the Basic Principles on the Independence of the Judiciary [17], approved at the Seventh UN Congress. It declared that “the judiciary shall decide matters before them impartially, without any restrictions, improper influences, inducements, pressures, threats, or interference.” These principles strengthen the criminal justice system and uphold justice and human rights. The Eighth UN Congress also adopted the Guidelines on the Role of Prosecutors [18], which require states to ensure that prosecutors perform their duties free from threats or interference. Prosecutors must consider the positions of both suspects and victims and pay attention to all relevant evidence. Importantly, they must take into account the views and concerns of victims, which forms part of the broader state protection mechanism for those involved in criminal proceedings. The UN’s efforts to strengthen justice continued into the new millennium. The Ninth (1995) and Tenth (2000) UN Congresses reaffirmed the need to enhance national and international measures for the protection of participants in criminal proceedings. Multidisciplinary and Multidimensional Journal ISSN: 2775-5118 Vol.4 No.10 (2025) I.F. 9.1 30 The Tenth Congress adopted the Vienna Declaration on Crime and Justice: Meeting the Challenges of the Twenty-first Century, which called on Member States to develop national, regional, and international action plans to support crime victims. It emphasized not abstract “persons” but specific participants in criminal proceedings—particularly witnesses—highlighting ongoing concerns about their long-term safety even after court proceedings [19]. In conclusion, the UN’s normative and legal work on protecting victims, witnesses, and other participants in criminal proceedings demonstrates a continuous process of development and adaptation to external changes. While earlier UN documents mainly identified the problem and offered general recommendations, modern approaches now focus on concrete measures and implementation mechanisms—both internationally and at the national level—for ensuring the protection of individuals involved in criminal justice. Foydalanilgan adabiyot: 1. Qarang: Xalq huquqlarini himoya qilish va jinoyatchilikka qarshi kurashish bo‘yicha xalqaro konventsiyalar: (Xalqaro hujjatlar to‘plami) / Tahrir: Yu.S. Pulatov. – T.: Shark, 1995. – S. 9–16. 2. Qarang: Shu yerda. – S. 33–53. 3. Qarang: Xalq huquqlarini himoya qilish va jinoyatchilikka qarshi kurashish bo‘yicha xalqaro konventsiyalar: (Xalqaro hujjatlar to‘plami). – S. 238–242; 3. Qarang: Shu yerda. – S. 238. 4. Qarang: BMTning jinoyatchilikni oldini olish va jinoyat adliyasi sohasidagi standartlar va me’yorlar to‘plami. – 1992. – Nyu-York. – S. 245–247. 5. Qarang: Shu yerda. – S. 247, 248. 6. Qarang: Shu yerda. – S. 9. 7. Qarang: Xalq huquqlarini himoya qilish va jinoyatchilikka qarshi kurashish bo‘yicha xalqaro konventsiyalar. – S. 272–274. 8. Qarang: Xalq huquqlarini himoya qilish va jinoyatchilikka qarshi kurashish bo‘yicha xalqaro konventsiyalar. – S. 272. 9. Qarang: Shu yerda. – S. 277–280. 10. Qarang: Shu yerda. – S. 277. 11. Qarang: Shu yerda. – S. 283–298. 12. Qarang: BMTning jinoyatchilikni oldini olish va jinoyat adliyasi sohasidagi standartlar va me’yorlar to‘plami. – 1992. – Nyu-York. – S. 49–55. 13. Qarang: Shu yerda. – S. 44–48. Multidisciplinary and Multidimensional Journal ISSN: 2775-5118 Vol.4 No.10 (2025) I.F. 9.1 31 14. Qarang: Xalq huquqlarini himoya qilish va jinoyatchilikka qarshi kurashish bo‘yicha xalqaro konventsiyalar. – S. 221–228. 15. Qarang: Shu yerda. – S. 161–162. 16. Qarang: Shu yerda. – S. 231–234. 17. Qarang: Xalq huquqlarini himoya qilish va jinoyatchilikka qarshi kurashish bo‘yicha xalqaro konventsiyalar. – S. 283–298. 18. Qarang: Jinoyatchilar va jabrlanuvchilar: jinoyat adliyasi jarayonida javobgarlik va adolat. Ishchi hujjat, BMT jinoyatchilikni oldini olish va jinoyatchilar bilan muomala bo‘yicha O‘nchi kongressga tayyorlangan. – 1999. – S. 9. 19. Qarang: Jinoyatchilar va jabrlanuvchilar: jinoyat adliyasi jarayonida javobgarlik va adolat. Ishchi hujjat, BMT jinoyatchilikni oldini olish va jinoyatchilar bilan muomala bo‘yicha O‘nchi kongressga tayyorlangan. – 1999. – S. 9.