The Witness Protection Programme is an official programme established under the
Witness Protection Act 2009 [Act 696]. Its main purpose is to provide protection to
important witnesses who may face threats or intimidation, especially in serious criminal
cases, organized crime, and cases of public interest. This Act was established to give
the public confidence to come forward to assist in investigations and prosecutions
without fear for their safety.

According to Section 2 of Act 696, the category of eligible "witness" is broad and not
limited only to those who give testimony in court. Witnesses eligible to apply under the
Witness Protection Programme include someone who—
a) has given testimony or has agreed to give evidence on behalf of the Government
in criminal proceeding;

b) has given or has agreed to give evidence, otherwise than as mentioned in
paragraph (a), in relation to the commission or possible commission of an
offence;

c) has provided any information or assistance to a public officer or an officer of a
public authority in relation to an offence;

d) for any other reason, may require protection or assistance under the Programme;
and

e) requires protection due to their relationship with another witness mentioned in
paragraphs (a) to (d).

There are three methods of application under Section 7 of Act 696—
1. Application by the witness:
The witness may voluntarily apply to the Director General of BPJPM to be
included in the Witness Protection Programme.
2. Application by an enforcement agency:
Enforcement agencies such as the Royal Malaysia Police (PDRM) or the
Malaysian Anti-Corruption Commission (MACC) may apply on behalf of a
witness, with the witness’s written consent.
3. Application by a parent or guardian:
If the witness is below 18 years of age, a parent or guardian may submit the
application on the witness’s behalf.

i. Investigation:
Upon receiving the application, the Investigation Branch of BPJPM will conduct a
comprehensive investigation covering the witness’s background, details of the
case, the significance of the witness’s evidence, and the nature of the threats
faced. The witness will also be required to undergo medical, psychological, and
psychiatric assessments.

ii. Assessment:
The Director General of BPJPM will consider various factors, including the
seriousness of the offence, the importance of the witness’s evidence, the nature
of the threats faced and the witness's criminal record, before making a
recommendation to the Attorney General.

iii. Decision:
The recommendation from the Director General will be submitted to the Attorney
General, who will make the final decision on whether the application is approved
or rejected.

iv. Appeal:
If the application is rejected by the Attorney General, any person aggrieved by
the decision may appeal in writing to the Minister within 14 days from the date of
receiving the decision.

Yes. If there is a clear and imminent threat, the Director General has the authority to
provide temporary (interim) protection and assistance to the witness as soon as the
application is received, while the full investigation is conducted.

A witness is required to make a full and honest disclosure of all relevant information to
the Director General, as stipulated under Section 8 of the Witness Protection Act 2009
[Act 696]. Such disclosure includes details of the witness’s criminal record, any
outstanding legal obligations, financial status, liabilities and assets, medical condition,
as well as immigration status (for non-citizens). Providing false information is a serious
offence under the Act and is punishable by a fine of up to RM10,000, imprisonment for a
term not exceeding five years, or both.

Based on section 13 of Act 696, the protection and assistance provided are
comprehensive, aiming to protect the safety and welfare of the witness, including—
i. Security Protection:
Providing safe accommodation at BPJPM’s safe house known as ‘Rumah
Perlindungan Saksi’ (RPS), as well as security escort and control when the
witness attends court to give evidence.

ii. Relocation:
Moving the witness and their family members to a new, safe residence far from
the area of threat (if necessary).

iii. New Identity:
Assisting in the creation of a new identity, with written consent from the witness.

iv. Socioeconomic Assistance:
Providing a subsistence allowance, access to education and medical care, and
spiritual and psychological support.

Confidentiality is fundamental to the successful implementation of the Programme. Act
696 provides for the following obligations—
i. BPJPM Officers: The Director General and BPJPM’S officers are bound by a
lifetime obligation of confidentiality.

ii. Participants/Witnesses: Participants, former participants, or witnesses
considered for the Programme are prohibited from disclosing their status,
information as to the manner in which the Programme operates, or the
information about any officer involved in the Programme, except with written
permission from the Director General.

iii. Other Persons: Any other person who has access to the information or
documents relating to the affairs of the Programme is strictly prohibited from
disclosing such information. Unauthorized disclosure constitutes an offence
under the Act.

iv. Severe Penalty: Disclosure of confidential information relating to the affairs of
the Programme by any party can lead to imprisonment for up to 20 years.

v. Court Proceedings: Proceedings involving a participant’s evidence shall be
conducted in camera (in private). The court must also prohibit the publication of
any information relating to the evidence given before the court to ensure the
participant’s identity remains protected.

There is no specific time period. The termination of the Programme depends on the
circumstances of the case and is based on the Attorney General's direction.