Alinea 92 Parket bij de Hoge Raad 29 januari 2013

"124. The Court's own case law shows that it is more common for witnesses to have a general fear of testifying without that fear being directly attributable to threats made by the defendant or his agents. For instance, in many cases, the fear has been attributable to the notoriety of a defendant or his associates (see, for example, Dzelili v. Germany (dec.), no. 15065/05, 29 September 2009). There is, therefore, no requirement that a witness's fear be attributable directly to threats made by the defendant in order for that witness to be excused from giving evidence at trial. Moreover, fear of death or injury of another person or of financial loss are all relevant considerations in determining whether a witness should not be required to give oral evidence. This does not mean, however, that any subjective fear of the witness will suffice. The trial court must conduct appropriate enquiries to determine first, whether or not there are objective grounds for that fear, and, second, whether those objective grounds are supported by evidence (see, for example, Krasniki v. the Czech Republic, no. 51277/99, §§ 80-83, 28 February 2006, where the Court was not satisfied that the domestic courts had carried out an examination of the reasons for the witnesses' fear before granting them anonymity)."

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