Protection of Whistleblowers, Witnesses, Experts, and Informants in Corruption Cases

Abstract

This research investigates the protection topic for witnesses, whistleblowers, informants, and experts involved in corruption cases. These individuals are critical to the criminal justice system and serve as vital safeguards for anti-corruption initiatives, particularly in light of the potential threats to their safety or interests that may arise from fulfilling their legal or professional responsibilities. This study examines the legal framework for protection under Palestinian legislation, juxtaposing it with Arab experiences in Tunisia, Jordan, and Morocco, alongside selected international models and the stipulations of the United Nations Convention against Corruption.

The first chapter examines the notion of protection and its significance in promoting the reporting of corruption and enhancing the efficacy of testimonies and expert opinions. This analysis explores the procedures for submitting protection requests to relevant authorities, the criteria for their acceptance, and the reassessment process based on the level of risk involved. Additionally, it emphasizes the role of national institutions in implementing effective protective measures, including confidentiality, relocation, and the provision of psychological and material support.

The second chapter discusses protective measures implemented at both regional and international levels. This text delineates the obligations set forth by Arab anti-corruption conventions for states to ensure protection, examines effective legislative frameworks such as the Tunisian system that established a specialized authority, and analyzes the legislations of Jordan and Morocco, which offer graduated guarantees. This analysis includes international cases that have implemented comprehensive protection systems integrating legal and humanitarian aspects.

The study concludes that the Palestinian legal system has implemented measures for the protection of whistleblowers, witnesses, experts, informants, their relatives, and individuals closely associated with them, in accordance with the provisions of the Palestinian Anti-Corruption Law No. 1 of 2005 and its amendments.