text
stringlengths 9
3.73k
| document_url
stringclasses 285
values | source_url
stringclasses 285
values | country
stringclasses 131
values |
|---|---|---|---|
Investigate how the statement might be true, within the context of a child’s vocabulary A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 50 4.1.5.4 Questions to avoid A quick set of rules to follow in terms of what type of questions to avoid • Avoid use of legal terms, e.g.
defendant, accused • Avoid use of technical terms, e.g.
ejaculation • Avoid use of multisyllabic/big words, e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
preceding, accompany, incident • Avoid use of words with more than one meaning e.g.
play • Avoid abstract terms e.g.
justice, truth Particularly with those under 10 years • Avoid the use of relationship words.
Use given names (e.g.
Noah) rather than ‘your uncle’, etc.
Because the child may not know the proper name • Avoid pronouns – he, she, they, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Until 10 years, kids have difficulty linking pronouns to reference noun • Avoid negative constructions like, ‘Mom wasn’t home, was she?’ • Avoid using concepts of ‘some’, ‘all’, ‘more’ or ‘less’ Particularly with under 7-year-olds • Avoid the use of quantifiers, e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
‘a couple’, ‘several’ or ‘few’ • Ask, ‘Did this happen once or more than once’ • What it means when a child says ‘It happened a million times’ Avoid ‘do you remember’ questions • With children under 10 years of age, to ‘remember’ may mean you must have forgotten once • Do not ask ‘Do you remember telling the police?
Instead ask ‘You talked to the police about something that happened. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
What was it that happened?’ Also avoid the following in general • Avoid shifting back and forth between topics or in time without signaling to the child • Try to link events to something important to the child • Prior to the age of 9, children are usually poor with time concepts • Avoid asking for units of measurements – e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
size, distance • Big vs. small, child uses self as the measure • Avoid asking for estimates of elapsed time • Children, like many adults, are notoriously bad with time estimates 4.1.5.5.
The appropriate duration of the interview Every child is unique and age guidelines for optimal interviews reflect average age norms.
Some children who are five or six may have the developmental level of a four-year-old, while others may be more in line with the development of a seven-year-old. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Please note that these guidelines do not apply to children with developmental delays or other special needs, such as being deaf or blind.
With ‘special case’ children, each interview must be crafted with additional care, to reflect the needs and abilities of each child.
A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 51 Generally, an interviewer has approximately 3 to 5 minutes of focused attention time for every year the child is old. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
So, a five-year-old’s interview should be between 15 and 25 minutes.
As children approach their teens, they come more in line with adult standards of focus and attention.
However, simply because a child is an adolescent, does not mean that protocols can now be shifted to those of interviewing adults.
Also, as a general rule, it is preferable to aim for shorter rather than longer interviews, especially with younger children. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The interviewer should listen to the child’s cues and be mindful of signals indicating fatigue, loss of concentration, etc.
A one- hour interview is generally considered to be the maximum amount of time even an older child can focus on questions and not become fatigued or distressed.
4.2.
Essential Services Package for women and girls subjected to violence 4.2.1. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Introduction This section outlines the importance of a multi-disciplinary team approach, followed by the Essential Service Package, its framework and guidelines for essential justice and policing services.
4.2.2.
Inter-agency Collaboration and Coordination of the Multi-disciplinary Team 4.2.2.1.
The multi-disciplinary team (MDT) A multi-disciplinary team approach should be in place to respond to cyberviolence against women and girls. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
A multidisciplinary team is a professional team of service providers that may be a composite of representatives drawn from law enforcement, prosecution, health, social services, and others brought together to coordinate the assistance needed to handle cases of gender-based violence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The establishment of such inter-agency teams reduces the number of survivor interviews and can reinforce the survivor’s trust and confidence in the system, improve communication, pool knowledge and have greater access to information. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Other advantages of an MDT include: • holistic, best outcomes approach, harmonising and correlating actions by psychosocial welfare, law enforcement, criminal justice and health • based on inter-institutional partnership and cooperation • requires a common philosophy and principles and standards • coordinated, coherent plans that enable collaboration • partnerships are critical because it offers a safety net for support and referral • monitoring and evaluation are important issues for effective coordination and implementation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• be aware of the roles, responsibilities, and limitations in an intervention • roadmap on the provision, reporting and referral systems • training together for improving quality and management.
The multi-disciplinary team also lessens the burden on the victim/survivor, optimally through the provision of services in a centralised location, while simultaneously maximising the opportunities to obtain corroborative evidence in an expedited manner, thereby increasing the likelihood of obtaining a conviction. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The United Nations Essential Services Package for Violence against Women and Girls101 is a programme developed in partnership by UN Women, UNFPA, WHO, UNDP and UNODC with the aim to provide greater access to a coordinated set of essential and quality multi-sectoral services for all women and girls who have experienced gender-based violence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The programme identifies the essential services to be provided by the health, social services, police and justice sectors (the ‘Essential Services’) as well as guidelines for the coordination of Essential Services and the governance of coordination processes and mechanisms (the ‘Coordination Guidelines’). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Service delivery guidelines for the core elements of each essential service have been identified to ensure the delivery of high-quality services, particularly for low and middle-income countries for women and girls experiencing violence.
Taken together, these elements comprise the ‘Essential Services Package’. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The Essential Services Package comprises of five overlapping modules: • Module 1 Overview and Introduction • Module 2: Health Essential Services • Module 3: Justice and Policing Essential Services • Module 4: Essential Social Services • Module 5: Essential Actions for Coordination and Governance of Coordination The international obligation to exercise due diligence requires States to establish effective measures to prevent, investigate and prosecute cases of violence against women. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
This includes effective means to respond to each case 101 UN Women: Essential Services Package for Women and Girls Subject to Violence Core Elements and Quality Guidelines, Partnership by UN Women, UNFPA, WHO, UNDP and UNODC (2015). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Available online at: https://www.unwomen.org/en/digital-library/publications/2015/12/essential-services-package-for-women-and-girls-subject-to-violence A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 52 of violence, as well as address the structural causes and consequences of the violence, by ensuring comprehensive legal and policy frameworks, gender-sensitive justice systems and police, available health and social services, awareness raising activities, and ensuring the quality of all measures. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The purpose of the Essential Services Package is to support countries as they work to design, implement and review services for all women and girls who are victims and survivors of violence in a broad range of settings and situations. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The Package is a practical tool for countries setting out a clear roadmap on how to ensure the provision and coordination of quality services of all sectors are coordinated and governed to respond in a comprehensive way, are women-centred and where necessary, children-centred and are accountable to victims and survivors and each other.
4.2.3. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
4.2.3.
The Essential Services guidelines framework The Framework for the Essential Services Guidelines for the delivery of quality essential services incorporates four interlinked components: • Principles that underpin the delivery of all essential services.
• Common characteristics which describe a range of activities and approaches that are common across all areas and which support the effective functioning and delivery of services. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• Essential services and actions which set out the guidelines required for services to secure the human rights, safety and well-being of any woman, girl or child who experiences intimate partner violence and or non- partner sexual violence.
Essential services are grouped into three sector-specific areas: health, justice and policing and social services.
They are underpinned by a fourth element: essential actions for coordination and governance of coordination. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• Foundational elements which must be in place to enable the delivery of quality services across all essential services and actions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
ESSENTIAL SERVICES PACKAGE: OVERALL FRAMEWORK DIAGRAM PRINCIPLES A rights based approach Advancing gender equality and women’s empowerment Culturally and age appropriate and sensitive Victim/survivor centred approach Safety is paramount Perpetrator accountability COMMON CHARACTERISTICS Availability Accessibility Adaptability Appropriateness Prioritize safety Informed consent and confidentiality Data collection and information management Effective communication Linking with other sectors and agencies through referral and coordination FOUNDATIONAL ELEMENTS Comprehensive legislation and legal framework Governance oversight and accountability Resource and financing Training and workforce development Gender sensitive policies and practices Monitoring and evaluation A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 53 MINIMUM SERVICES TO BE PROVIDED BY EACH DISCIPLINE ESSENTIAL ACTIONS REGARDING GOVERNANCE AND COORDINATION OF SERVICES ESSENTIAL ACTIONS REGARDING GOVERNANCE AND COORDINATION OF SERVICES ESSENTIAL SERVICES AND ACTIONS HEALTH JUSTICE AND POLICING SOCIAL SERVICES 1. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Identification of survivors of intimate partner violence 2.
First line support 3.
Care of injuries and urgent medical treatment 4.
Sexual assault examination and care 5.
Mental health assessment and care 6.
Documentation (medico-legal) 1.
Prevention 2.
Initial contact 3.
Assessment/investigation 4.
Pre-trial processes 5.
Trial processes 6.
Perpetrator accountability and reparations 7.
Post-trial processes 8.
Safety and protection 9.
Assistance and support 10.
Communication and information 11. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Communication and information 11.
Justice sector coordination 1.
Crisis communication 2.
Crisis counselling 3.
Help lines 4.
Safe accommodations 5.
Material and financial aid 6.
Creation, recovery replacement of identity documents 7.
Legal and rights information, advice and representation, including in plural legal systems 8.
Psycho-social support and counselling 9.
Women-centred support.
Children’s services for any child affected by violence.
10. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
10.
Children’s services for any child affected by violence.
11.
Community information, education and community outreach 12.
Assistance towards economic independence, recovery and autonomy.
NATIONAL LEVEL: ESSENTIAL ACTIONS LOCAL LEVEL: ESSENTIAL ACTIONS 1.
Law and policy making 2.
Appropriation and allocation of resources 3.
Standard setting for establishment of local level coordinated responses 4.
Inclusive approaches to coordinated reasponses 5. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Inclusive approaches to coordinated reasponses 5.
Facilitated capacity development of policy makers and other decision-makers on coordinated responses to VAWG 6.
Monitoring and evaluation of coordination at national and local levels 1.
Creation of formal structures for local coordination and governance of coordination 2. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Implementation of coordination and governance of coordination FOUNDATIONAL ELEMENTS Comprehensive legislation and legal framework Governance oversight and accountability Resource and financing Training and workforce development Gender sensitive and practices Monitoring and evaluation A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 54 4.2.4.
Unique features of the framework specific to essential justice and policing services 4.2.4.1. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Principles In applying the overall principles, justice service providers should keep the following in mind: • The dynamics of inequalities between women and men create gender-specific vulnerabilities, such as economic and legal dependency, which among other things, impact women’s use of justice services, create obstacles to accessing justice and even result in some justice remedies negatively impacting women (i.e.
fines in intimate partner violence cases). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
fines in intimate partner violence cases).
• Justice and policing services should not compromise the rights of women and girls, be non-coercive, and be grounded in a gender transformative approach.
• A women-centred approach to justice and policing service delivery puts the needs and realities of women and girls at the core of any justice service rather than the goals of the justice institutions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
This means prioritising women safety, empowerment and recovery; treating every woman with respect; supporting and keeping them informed throughout the justice process.
• Holding perpetrators accountable requires justice and policing services to support and facilitate the victim’s and survivor’s participation in the justice process, promote her capacity of acting or exerting her power (woman’s agency), while ensuring that the burden or onus of seeking justice is not placed on her but on the state.
4.2.4.2. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
4.2.4.2.
Common Characteristics In applying the overall principles, justice service providers should keep in mind: • Failure to continually and consistently consider issues of protection and support, throughout the whole justice process can lead to catastrophic results.
• Systematic, timely, clear and effective communication, coordination of services, referral networks and mechanisms between justice and other services.
4.2.4.3. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
4.2.4.3.
Foundational Elements In applying the overall principles, justice service providers, should keep in mind: • A criminal law framework that criminalizes all forms of violence against women, as well as criminal, civil, family and administrative law frameworks that ensure effective prevention, protection, prosecution, adjudication and provision of remedies in accordance with international standards. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• Regarding training and workforce development, conducting investigations, prosecution and adjudication of violence against women are often complex and require specialist knowledge, skills and abilities.
Justice services should consider delivery through specialized and multi-disciplinary units within the justice sector (i.e.
specialized domestic violence courts, gender-based violence prosecution units, and domestic violence units within police forces which include police officers and social workers). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 55 4.2.5.
Guidelines for essential justice and policing services In the United Nations Essential Services Package for Violence against Women and Girls, Chapter 3 includes a detailed description of guidelines for essential Justice and Policing Services.
The Essential Services include the following: NUMBER ESSENTIAL SERVICE DESCRIPTION 1. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Prevention It is important that justice service providers strongly support initiatives and organizations that seek women’s equality; raise public awareness about violence against women, its causes, and the consequences to women, their families and communities as well as the punishment that perpetrators will face; and ensure that information about services and how to access them is readily available to all. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The development and promotion of institutional cultures founded on gender equality and gender responsiveness and service delivery is crucial to prevention.
2.
Initial contact A positive initial contact experience with the justice system is crucial for victims/survivors of violence.
Services must be available and accessible to all women. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
But most importantly, the initial contact must demonstrate to the victim/survivor that the justice system and the justice service providers in the system are committed to her health and safety, take her complaint seriously, and want to ensure that she is well supported on her journey through the justice system.
3. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
3.
Investigation Investigations of crimes of intimate partner and sexual violence against women must be started in a timely fashion, conducted in a professional manner, meet evidentiary and investigative requirements, and all available means to identify and arrest the suspect are exhausted.
Throughout, the woman’s safety, security and dignity are carefully considered and maintained. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
These guidelines are complemented by Essential Health Service number 6 – Documentation (medico-legal) detailed in the Health Module, particularly 6.2 Collection and documentation of forensic specimens and 6.3 Providing written evidence and court attendance.
4. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
4.
Pre-trail Processes Criminal, civil, family and administrative pre-trial/hearing processes that are non-biased and sensitive to the specific needs of victims and survivors of intimate partner violence and sexual violence are essential to guarantee their right to justice. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Essential pre-trial criminal justice services reflect the international obligation of the state and its justice service providers in exercising primary responsibility for investigation and initiating prosecution while balancing the importance of empowering victims and survivors to make informed decisions regarding their interactions with the criminal justice system. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Essential pre-trial/hearing civil, family and administrative justice services emphasise the importance of timeliness, affordability and simplified and easy-to-use procedures.
5. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
5.
Trail / Hearing Processes Victims and survivors of intimate partner violence and sexual violence who are involved at the trial stages in criminal and civil justice processes can feel vulnerable, overwhelmed by the unfamiliarity of the justice system or re-victimised through the insensitive or discriminatory treatment of justice service providers. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
International norms and standards call for measures to prevent further hardship and trauma that may result from attending the trial itself and to ensure that trial processes maximise the survivor’s cooperation, and promote her capacity to exert agency during the trial stage while ensuring that in criminal matters, the burden or onus of seeking justice is on the State. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The justice services that are considered essential during the trial processes reflect internationally agreed upon model strategies, including friendly and enabling court environments for survivors to feel safe and comfortable recounting what they have experienced; procedures to minimise experienced; procedures to minimise re-victimisation; and the application of evidentiary rules in a non-discriminatory manner. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 56 NUMBER ESSENTIAL SERVICE DESCRIPTION 6.
Perpetrator accountability and reparations The vast majority of perpetrators of intimate partner violence and sexual violence face no legal consequences.
When they are held accountable, too often the sanctions, whether criminal, civil or administrative, are very low. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
In addition, the reparations that women receive from the perpetrator and/or the state following the violence often do not reflect the realities of the harm suffered by women and girls, particularly the patterned use of coercion, intimidation and the use or threat of violence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
From a survivor’s perspective, accountability and reparations can mean many things, from a criminal sentence, civil damages, state compensation and public condemnation of the violence, as well as including redress for the state’s failure to provide essential justice services. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The essential services relating to accountability and reparations reflect the international obligation of due diligence of imposing appropriate sanctions to hold perpetrators accountable for their actions and providing for just and effective remedies to the survivors for the harm or loss suffered by them.
7. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
7.
Post-trail Processes The justice system can play an important role in preventing future violence, both by sending a strong message to the community that violence against women will not be tolerated, and also in its role in ensuring the accountability and rehabilitation of perpetrators and reducing recidivism. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The international norms and standards urge States to develop and evaluate the treatment and reintegration/rehabilitation programmes for perpetrators that prioritize the safety of the victims as well as ensure that compliance is monitored.
These standards also urge States to ensure that there are appropriate measures in place to eliminate violence against women who are detained for any reason.
8. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
8.
Safety and protection Protection measures for women who have experienced intimate partner violence and sexual violence are critical to stopping the violence and preventing reoccurrence, escalation, and threats of violence.
Women have the right to live free of violence and free of the fear of violence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
This means that protection measures need to be available independent of any initiation of a criminal, civil, or family law case and be designed to empower women in their access to justice and enable them to stay safely engaged with the justice process.
9.
Support and assistance A crucial element in guaranteeing access to justice for all women is the provision of support and assistance services during the justice process. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The international norms and standards refer to the importance of legal assistance, practical, accurate and comprehensive information, victim and witness support services and the need for support from outside the justice sector (such as health, shelters, social services, counselling).
These services can empower women, allowing them to make their own informed decisions based on knowledge of their rights and justice options.
10.
Communication Communication is a key theme throughout the justice system. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The victim/survivor needs to know that she is being listened to and that her changing justice needs are being understood and addressed.
Information and the way it is communicated can empower the victim to make informed decisions regarding her engagement with the justice system. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Information and communication management amongst the various justice service agencies and non-justice sectors, particularly prioritising confidentiality and privacy, can contribute to the minimisation of the risks victims face when seeking justice.
11. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
11.
Coordination among Justice Agencies Given the different mandates of each justice agency and the various tasks of different justice service providers, a coordinated response is essential to ensuring that essential justice and policing services are delivered in a quality and effective manner and delivers the best outcome for victims/survivors. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Coordination sets transparent standards and expectations from each justice agency and contributes to better communications and linkages between the different justice agencies and service providers.
From the perspective of a victim/survivor, coordination of essential services means that she will be met with the same understanding of her rights and her situation and receive the same, high quality response from all justice service providers. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Justice service providers are valuable members of multi-disciplinary coordination mechanisms, which have been discussed in Module 5 on Coordination and Governance. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 57 PART FIVE Digital Investigation Proceedings of Electronic and Digital Evidence A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 58 LEARNING OBJECTIVES Understanding cyber/digital evidence Grasping the key issues involved in crime scene processing Understanding how best to present digital/electronic evidence in court Knowing how to assess which jurisdiction has priority in multi-jurisdictional digital/electronic evidence cases 5.1. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Introduction ‘Digital data is a fundamental pillar for most law enforcement investigations today.
With the advent of the smartphone, social media, and internet personalisation with services like Google and Apple, a person leaves a digital trail and the digital trail must be captured and analysed for intelligence and evidence relating to the crime.
The search and seizure phase is critical as this will safeguard the devices and the data held on them’.102 5.2. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
What is digital evidence?103 Electronic evidence is information and data of investigative value that is stored on or transmitted by an electronic device.
Properties of the Electronic Evidence: • It is hidden, similar to fingerprint evidence or DNA evidence • It can be broken, altered, damaged, or destroyed by improper handling • It expires within a pre-set time.
Digital evidence refers to the recovery and investigation of material found in digital devices, often concerning computer crime. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
It covers the investigation of all devices capable of storing digital data.
Several sub-branches are computer forensics, network forensics, mobile forensics and forensic data analysis.
5.3. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
First Responder • Responsible for the process of search and seizure • Responsible for obtaining the appropriate search warrant and having in place all necessary authorization before starting the search and seizure process • Makes decisions about the methods of collecting or seizing electronic pieces of evidence • Responsible for securing the scene, documenting the scene, and storage of evidence • Responsible for the actions that could change the evidence • Responsible for the state of the electronic evidence • Responsible for identification of all possible storage of electronic evidence • Responsible for the activities for the prevention of altering or losing the electronic pieces of evidence 5.4. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Sources of evidence Electronic evidence may be found in any number of locations, such as: • Locally on an end-user device - Computer Systems: e.g.
personal computers (PCs), laptops, servers, gaming consoles, etc.
- Data storage mediums: e.g.
Cloud storage, Optical Discs (CD, DVD, Blu-Ray), removable data storage drives (USB thumb drives, external SSD/ HDD), memory cards, flash drives, external hard drives, etc.
102 INTERPOL: Guidelines for Digital Forensics First Responders (March 2021). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Available online at: https://www.interpol.int › content › download › file 103 Ibid A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 59 - Mobile devices: e.g.
mobile/smartphones, tablets (with SIM Card and Removable Media Card), digital cameras, satellite navigation systems, automotive IT devices, smart watches, fitness trackers, etc.
- Network devices: e.g.
NAS (Network Attached Storage), routers, wireless access points, smart sensors/actors/controls, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
- Internet of Things (IoT) devices: e.g.
smartwatches, Smart TV, Home kits, sensors, actors, controllers, gateways, concealed cameras, etc.
- Automotive vehicles: e.g.
automotive embedded information systems in cars - Virtual assets devices: e.g.
involving cryptocurrencies such as Bitcoin; - Unmanned aerial vehicles: e.g.
Drones - Video surveillance devices: e.g.
CCTV.
• Remotely on a public resource e.g.
social networking sites, discussion forums and newsgroups • Remotely on a private resource e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
an ISP user’s activity logs, a mobile phone company’s customer billing records, a user’s webmail account and a user’s remote file storage • In transit e.g.
mobile phone text messages, or voice calls, emails, or internet chats.
Special authorisation might be needed to obtain ‘in transit’ evidence.
5.5. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
5.5.
Search and seizure: Standard Operating Procedures (SOPs) for dealing with electronic evidence Standard Operating Procedures ensure that the integrity and chain of custody of electronic evidence are maintained from the stage where a cybercrime incident is reported at a police station up to the stage where the evidence is presented in court.
Any deviation from the SOPs must be properly explained in writing. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
SOPs cover all the important stages and procedures in the collection of electronic evidence, namely: the preliminary steps, legal requirements, the search and seizure procedure, and the manner in which electronic evidence must be packed, transported, processed, stored and made available for criminal proceedings, and the responsibilities and qualifications of the persons who are involved in the investigation process and forensic examination process.104 104 Association of Chief Police Officers: ACPO Good Practice Guide for Digital Evidence for Digital Evidence (2011). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Available online at: https://www.npcc.police.uk/documents/ crime/2014/Revised%20Good%20Practice%20Guide%20for%20Digital%20Evidence_Vers%205_Oct%202011_Website.pdf.
5.6.
Five principles applicable to electronic evidence Principle 1: Legality - The search for and seizure of all electronic evidence must be authorised by law.
This could involve obtaining consent from a person entitled to give consent or procuring a search warrant. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Where electronic evidence is obtained for purposes of criminal proceedings the rules governing admissibility of electronic evidence must be kept in mind.
Principle 2: Data Integrity - No action taken by law enforcement agencies or their agents should change electronic evidence which may subsequently be relied upon in a court of law. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Where it is necessary to access data on a “live” computer system to avoid the loss of potential evidence, this process must be carried out in a manner which causes the least impact on the data and by a person qualified to do so.
Principle 3: Audit Trail - A record (audit trail) should be created of all actions which are undertaken when handling electronic evidence and it should be preserved for future reference. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
This is to ensure that an independent third party should be able to examine those actions and achieve the same results.
The audit trail will also assist in proving the admissibility and reliability of the chain of custody during criminal proceedings.
Principle 4: Competence of person seizing electronic evidence - A person seizing electronic evidence must be competent to do so.
If a member of law enforcement is not competent to do so, such member must request assistance from a person competent to do so. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Said person must be able to give evidence explaining the relevance and the implications of his or her actions.
Principle 5: Oversight - The person in charge of the investigation has the overall responsibility for ensuring that the law and these SOP’s are adhered to. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 60 5.7 Preparation prior to the search and seizure operation 105 5.7.1 Planning Several considerations must be taken into account when planning and preparing for a search and seizure operation: • A preparatory meeting should be held to exchange information between the Unit in charge of the investigation and the digital forensic specialist supporting the mission. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• Briefing and allocation of tasks: All members of the law enforcement team involved in the search and seizure operation and other persons assisting them should be fully briefed and individual tasks should be assigned to the team members.
• Background information: Before arriving at a potential search scene, the investigator must obtain as much information about the offence, the suspect and his/her IT skills, and the scene as possible. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• Suspect’s Technical knowledge: Information about the suspects and their technical skills must be assessed as they could have protected their equipment or data in some way that could compromise the acquisition of the evidence.
• The objectives of the search and seizure: Just because a digital device is found at the scene does not mean it has to be seized.
It must first be considered whether an article is likely to contain evidence relevant to the suspected offence/s. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
The person in charge of the search must have reasonable and justifiable grounds to remove the property.
Officers should ensure they are acting within the confines of the search warrant.
• Nature of the electronic evidence: The type of electronic evidence will determine the technical solutions which will be needed to acquire the electronic evidence, as well as the level of expertise that is required during the operation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
This may include considerations such as whether there will be a seizure of equipment or capturing of live data or a combination of both.
• Location of electronic evidence: The location of electronic evidence may have a bearing on the required judicial authority and/or how the search and seizure operation should be conducted.
It is not unusual for information to be stored in a place other than the physical computer equipment of the suspect. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
It might then be necessary to obtain additional legal authorization, especially if it is stored in a different jurisdiction and additional technical equipment is required to ensure the integrity of the evidence.
Electronic evidence may also be held in more than one location.
Consideration should be given to the different resources involved in obtaining the evidence from the different locations to determine which one would provide the easiest access. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• Logistical aspects: The logistical aspects of the investigation must be considered to ensure the availability of sufficient human resources and equipment.
• Time of the search and seizure operation.
• Other forensic examinations: Appropriate arrangements must be made where other forensic processes also need to be performed during the search and seizure operation, e.g.
the taking of fingerprints or collection of DNA samples. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• Safety: Where necessary make appropriate arrangements to ensure the safety of law enforcement members and other persons present at the scene.
• Securing of location: Make appropriate arrangements to safeguard the electronic evidence against unwanted access.
This will be especially important where the perpetrator/s is/are skilled in the use of computers.
• Evidence destination: The destination of the seized items must be defined before starting any activity of search and seizure. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Forensic copies, as well as devices that require specific treatment, should be sent to the corresponding department/team for processing and analysis.
5.7.2 Authorisation Regarding authorisation the following needs to be done: • The necessary legal authorisation must be attained prior to the search and seizure operation.
• All officials involved must act in accordance with the provisions of the authorising legislation when they conduct a search for or when they seize electronic evidence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• When making an application for a warrant in terms of the relevant legislation, the extent of the authority which is required to conduct a search and seizure operation must be clearly set out. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• A valid search warrant must, therefore, in a reasonably comprehensible manner: 105 Council of Europe Portal: Cybercrime Programme Office (C-PROC) - CyberSouth Activities: The CoE Standard Operating Procedures for the collection, analysis and presentation of electronic evidence (12 September 2019) Available online at: https://www.coe.int/en/web/cybercrime/cybersouth-activities/-/asset_publisher/evi3rDpsvYdT/ content/the-coe-standard-operating-procedures-for-the-collection-analysis-and-presentation-of-electronic-evidence-have-been-released?inheritRedirect=false A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 61 - state the statutory provision in terms of which it is issued - identify the searcher/s - mention the authority it confers upon the searcher/s - identify the person, container or premises to be searched - describe the article/s to be searched for and seized, with sufficient particularity - specify the offence and (where relevant) the statutory provision which prompted the criminal investigation - name the suspected offender/s. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
5.7.3 Personnel Regarding personnel the following should be considered: • Sufficient qualified law enforcement members should be made available to participate in a search and seizure operation.
• Participating members must be clearly identified in the search warrant.
• A Digital Forensic Examiner required to attend a search and seizure operation may require a written request before deployment and he/she must specifically be authorised in a warrant to participate in the investigation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• Unless national legislation provides otherwise, persons who are not members of law enforcement cannot actively participate in a search and seizure operation.
They can however be requested to provide remote advice during an investigation. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
5.7.4 Equipment Members involved in the process of search and seizure of electronic evidence should ensure the availability of: • necessary tools for the disassembly and removal of electronic devices • required documentation to be completed during the search and seizure • photography or video recording equipment • supplies to package and transport electronic evidence, such as exhibit bags (where necessary of an anti- static or Faraday type), labels, markers, appropriate containers, cable ties, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
• appropriate forensic equipment, among others – - computer devices to undertake forensic examination, imaging or preview - hard drive storage media devices which have been forensically cleaned - approved forensic software - approved write blockers that permit read- only access to data storage devices without compromising the integrity of the data - forensic boot DVDs or equivalent - network cables (twisted pair and crossover) - gloves - power supplies, electric cables for digital devices and power banks, etc. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
5.8 During the search and seizure operation106 5.8.1 Securing the location The person in charge of the search and seizure operation must guarantee the safety of all persons at the location as well as the integrity of all seized electronic and traditional evidence by ensuring that: • All national instructions for the securing of a crime scene are implemented • The location where the search and seizure are to take place is secure.
This includes identifying potential hazards, e.g. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
This includes identifying potential hazards, e.g.
is the suspect likely to possess a firearm, resisting arrest or flee the scene • All persons are accurately accounted for • Electronic evidence is protected from interference, damage or power outage • Unauthorised persons do not have access to electronic evidence which includes peripherals associated with electronic devices). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
It is, however, imperative to identify all persons at the scene and to record their location at the time of entry • Assistance is not provided by persons who have not specifically been authorised by the person in charge of the investigation • The suspect or his/her accomplice is not able to remotely or directly interfere with the relevant electronic evidence • Electronic devices and possible sources of electronic evidence are kept away from magnetic devices, extreme temperatures, and moisture to prevent the loss or destruction of data. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
106 Council of Europe.
Electronic Evidence Guide-A Basic Guide for Police Officers, Prosecutors and Judges.
Version 2.1.
March 2020.
Available online at https://www.
forensicfocus.com/forums/general/coe-electronic-evidence-guide/ A Training Handbook for Criminal Justice Practitioners on Cyberviolence Against Women and Girls 62 5.8.2 Search and seizure 5.8.2.1 General (a) Identify all potential evidence and ensure that the integrity of both the digital and traditional evidence is preserved. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
Take note that digital devices containing potential evidence may be easily hidden, integrated, or contained within cupboards or drawers, i.e.
memory cards, mobile phones, etc.
(b) Identify all relevant removable electronic devices (e.g.
CDs, Blu-ray Disks, Memory Cards, USBs, Tape Disks, etc.)
and ensure that the integrity of the devices is preserved. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |
(c) To take precautions to prevent the potential loss of critical data which is of temporary nature, the officer in charge of the operation should assess the volatility of digital evidence present at the location.
Volatile electronic evidence must be seized first in order to prevent loss of data. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722054012341.pdf | https://www.unodc.org/documents/southernafrica/Publications/CriminalJusticeIntegrity/GBV/UNODC_v4_121022_normal_pdf.pdf | Malawi |