English abstract
Witnesses testimony is considered is considered type evidence upon which
the judiciary relies in criminal lawsuits, leading to the formation of the judge's
conviction and the issuance of a relevant judgment. Sometimes, it may be
the only evidence to prove the crime charged against the accused.
Therefore, various legislations have sought to regulate provisions for the
protection of witnesses and those in their custody, such as informants,
experts, and victims, even extending to the protection of their families,
encouraging witnesses to contribute to achieving justice without fear of
perpetrators’ threats or harm. Accordingly, this study aims to identify the
legal framework for such protection, along with determining the position of
Omani legislator, given its importance in highlighting the necessity of Omani
legislation regulating provisions for the protection of witnesses and those in
their custody in the Sultanate of Oman.
The study adopted a descriptive analytical approach to describe the details
of the modern legal system related to the protection of witnesses and those
in their custody, analyzing some relevant legislations to determine the
position of Omani legislators. Additionally, a comparative method was
employed by comparing Omani legislations related to the study's topic with
UAE applicable legislations, in order to answer the research question, which
is: How effective is Omani legislation regarding the protection of witnesses
and those in their custody?
Consequently, the study concluded that Omani legislation has stipulated
some measures related to the first type of protection, which is objective
criminal protection. However, as of the writing of this thesis, it has not
included any provisions related to establishing procedural (formal) protection
م
measures for witnesses and those in their custody (except for the provision
regarding providing necessary protection for the victim or witness whenever
needed, as stated in the Anti-Human Trafficking Law). The study ended
with a recommendation that Omani legislator should issue an independent
law containing all provisions related to the protection of witnesses and those
in their custody, or amend the effective Criminal Procedure Law by adding
a special chapter relating to the same subject matter.
Keywords: Witnesses, informants, witness objective protection, witness
procedural protection.
