221. Protection of witnesses and other persons giving evidence.

Where, in respect of a witness giving evidence and seeking anonymity, there is not a real and immediate risk to life before the witness gives evidence, to reach the threshold of a real and immediate risk for the purposes of the positive obligation to take operational measures under Article 21, there must be some increase in risk occasioned by his giving of evidence2. The exercise to be carried out by the tribunal faced with a request for witness anonymity should be the application of the common law test, with an excursion, if the facts require it and only if