Chapter III
Measures for the Protection of Witnesses and Experts
Article 34
If, in the estimation of a requesting State, the appearance of a witness or expert
before its judicial authority is of particular importance, it shall indicate this fact in
its request. The request or summons to appear shall indicate the approximate
amount of the allowances and the travel and subsistence expenses and shall
include an undertaking to pay them. The requested State shall invite the witness
or expert to appear and shall inform the requesting State of the response.
Article 35
1. A witness or an expert who does not comply with a summons to appear
shall not be subject to any penalty or coercive measure, notwithstanding
any contrary statement in the summons.
2. Where a witness or an expert travels to the territory of the requesting
State of his own accord, he should be summoned to appear in accordance
with the provisions of the domestic legislation of that State.
Article 36
1. A witness or an expert shall not be prosecuted, detained or subjected to
any restrictions on his personal liberty in the territory of the requesting
State in respect of any acts or convictions that preceded the person's
departure from the requested State, regardless of his nationality, as long
as his appearance before the judicial authorities of that State is in
response to a summons.
2. No witness or expert, regardless of his nationality, who appears before the
judicial authorities of a requesting State in response to a summons may be
prosecuted, detained or subjected to any restriction on his personal liberty
in the territory of that State in respect of any acts or convictions not
specified in the summons and that preceded the person's departure from
the territory of the requested State.
3. The immunity stipulated in this article shall lapse if the witness or expert
sought, being free to leave, remains in the territory of the requesting
State for a period of 30 consecutive days after his presence is no longer
required by the judicial authorities or, having left the territory of the
requesting State, has voluntarily returned.
Article 37
1. The requesting State shall take all necessary measures to protect
witnesses and experts from any publicity that might endanger them, their
families or their property as a result of their provision of testimony or
expertise and shall, in particular, guarantee confidentiality with respect to:
a. The date, place and means of their arrival in the requesting State;
b. Their place of residence, their movements and the places they
frequent;
c. Their testimony and the information they provide before the
competent judicial authorities.