REPORTS OF THE COURSEGROUP 1
SPECIAL MEASURES IN DEALING WITH CHILD VICTIMS AND
WITNESSES IN THE CRIMINAL JUSTICE SYSTEM
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Advisers

Mr. SUIAMA Sergio Gardenghi
Ms. YUSOF Zamrosni
Ms. THOIFA Mariyam
Mr. MAJEED Rashid
Mr. ALMAJALI Ref ’at Nayel
Mr. FOFANA Bandiougou
Mr. VIPOLCHAI Nisit
Mr. AKISHINO Kuniharu
Ms. NODA Ayaka
Ms. KOBAYASHI Reiko
Prof. WATANABE Ayuko
Prof. HIRANO Nozomu(Brazil)(Malaysia)(Maldives)(Pakistan)(Jordan)(Mali)(Thailand)(Japan)(Japan)(Japan)(UNAFEI)(UNAFEI)

I. INTRODUCTION
The theme of the 163rd International Training Course was “Children as Victims and Witnesses”. The
course was held at the United Nations Asia and Far East Institute for the Prevention of Crime and theTreatment of Offenders (UNAFEI) from May 18th to June 23rd, 2016.
During the training course, participants from 21 countries had the opportunity to attend lecturesdelivered by both visiting experts and professors from UNAFEI, and also to visit child centres, child foster
homes, juvenile institutions, courthouses and other institutions related to the issue at stake. All the participants also wrote Individual Presentation Papers (IPP) in which they provided relevant information on theserious problem of the violence against children (VAC) in their respective countries. The papers were
presented and discussed by all the participants.
Afterwards, three working groups were formed in order to discuss the theme of the course. The
current report is the result of the discussions had by Group 1, which consisted of participants from Brazil,
Japan, Jordan, Maldives, Malaysia, Mali, Pakistan, and Thailand. The purpose of this document is threefold:a) to provide a brief account of the current situation of the issue in the countries of the members of thegroup; b) to summarize the main topics concerning the protection of the children in the criminal justicesystem; c) to make recommendations to their respective countries in order to improve the response to the
problem.
The group was particularly interested in discussing and presenting practical recommendations that
could be incorporated in the criminal law of each country regardless of the legal system adopted by it(either adversarial or inquisitorial). These recommendations are grouped into three main topics: a)detecting and reporting VAC; b) special procedures for interviewing child victims and witnesses during
the investigation and the trial phase; c) protective measures that shall be adopted by the States in orderto ensure the rights of the children.
The group acknowledged the importance of taking into account not only the rights of the children as
victims and witnesses but also the rights of the defendant, especially those related to the due process oflaw. This statement is according to the document Justice in Matters involving Child Victims and Witnessesof Crime1, developed by the UN Office on Drugs and Crime in cooperation with the UN Children’s Fund
(UNICEF) and the International Bureau for Children’s Rights, article 1: “Every child, especially childvictims and witnesses, in the context of the Law, has the right to have his or her best interest given
primary consideration, while safeguarding the rights of an accused or convicted offender”.
1 Available at: <https://www.unodc.org/documents/justice-and-prison-reform/UNODC_UNICEF_Model_Law_on_Children.pdf>.

61

RESOURCE MATERIAL SERIES No. 100

II. CURRENT SITUATION OF VAC IN THE PARTICIPANTS’ COUNTRIESAs it is shown in the appendix of this report, Brazil, Japan, Jordan, Maldives, Malaysia, Mali, Pakistan,
and Thailand have established in their criminal legislation all the offences set out in the Convention on the
Rights of the Child and its Protocols. The member from Mali, however, remarked that in the Penal Codeof his country it is not clearly stated that female genital mutilation is an actual criminal offence. Therefore,
in general terms, the group found that there are no major loopholes in the domestic legislation of thecountries regarding the duty to criminalize the offences set by the international community.
The survey conducted by the group also found that child sexual abuse, followed by physical abuse,neglect and child labour, are the most common offences committed against children in the countries cited
above. Participants also mentioned sexual exploitation, child pornography and forced marriage as othercommon offences in their respective countries.
A. Duty to Investigate
Despite the establishment of mechanisms such as hotlines and special police stations or administrative
bodies in Brazil, Japan, Malaysia, Maldives, and Thailand, the participants agreed that cases of VAC
remain under detected and underreported mostly because officers in charge are not sufficiently sensitized,
trained or prepared to deal with such cases. Traditional cultural practices such as physical punishment byparents and teachers in Pakistan, Brazil, Malaysia, Mali, Thailand, and Japan, as well as female genital mutilation in several countries in Africa have been pointed out as another reason for underreporting cases of
VAC.
Also, it was pointed out that there is a general lack of special procedures for investigating VAC cases,
with the exception of Jordan, Malaysia, Maldives (only for child sexual abuse cases), and Thailand. In
Brazil, notwithstanding, several police stations and prosecution units are specialized in investigating
violence against children and women.
Regarding the topic of special provisions for protecting child victims and witnesses of crimes during
the investigation phase, most of the countries (with the exception of Mali) have adopted measures such as
pre-trial detention of the alleged offender, restraining orders, and temporary custody (reported by the participants from Brazil, Japan, and Maldives).
Attending to the measures taken during investigation by the respective agencies, most of the countries
have not fully developed sensitive plans and systems for the protection of children. For example, most of
the participants’ countries have not done enough research or study about the best practices for interviewing child victims and witnesses.
B. Duty to Prosecute and to Adjudicate
In respect of the protection of child victims or witnesses during trial, we learned that some countries
have special provisions stipulated in their laws: for example, a special procedure in Brazil, Maldives, Japanand Malaysia to take child testimony based on a video-audio link system, the presence of parents or
guardians during the testimony and/or child friendly courtrooms. However, we also found that even thesecountries face challenges in the application of these provisions in practice.
The group also noticed a general lack of special training for law enforcement members who are
dealing with VAC cases. Participants from Brazil, Jordan, Maldives, Mali, and Thailand reported that mostpolice officers, prosecutors and judges are not properly trained nor sensitized to tackle the issue. On theother hand, the members from Japan and Malaysia reported practical training in cooperation with Child
Guidance Centres and other relevant programmes.

III. STATE MEASURES TO DEAL WITH THE PROBLEM OF VAC
A. Establishing Effective Detection and Reporting Mechanisms
1. Awareness
Creating awareness among the people about the subject matter is the most important step for establishing an effective detection and reporting mechanism. If people in the community do not know what the62

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
crimes are, how to respond to them, or why it is necessary to take immediate action against those crimes,
the issues regarding the matter would be left unattended.
Despite the collective efforts around the world to create awareness about violence against children(VAC) or child victims and witnesses, most among the target groups still either do not believe that VAC
is an issue or they keep enduring/committing VAC because of their cultural and religious beliefs.
So it is vital for each country to:⿟⿟ Identify who the target groups are⿟⿟ Determine what issues awareness should be carried out⿟⿟ Determine how to respond to such issues
⿟⿟ Where they should report to⿟⿟ Build trust within the community about the country’s criminal justice system
By doing so, the countries can develop trenchant content for the awareness programme and then therelevant authorities could determine the type of campaign and who will carry it out:⿟⿟ For children and adolescents: related components could be included in the educational system;⿟⿟ For adolescents and adults in developed areas: media and social media could be very effective;
⿟⿟ For underdeveloped areas: dissemination of necessary information by conducting sessions within
the area, different and separate sessions for different target groups;
⿟⿟ For teachers, parents, medical and Internet service providers: awareness on the detection ofVAC;⿟⿟ For the public in general: public media, social media, leaflets, brochures etc.
2. Identifying the Risk Factors and Indicators of VAC
To further ensure effective detection of these crimes, it is crucial to establish a mechanism where
criminal justice professionals, including investigating officers, prosecutors, social welfare authorities andother stakeholders who regularly deal with VAC are informed about the probable risk factors and indicators of the issues.
To do so, the relevant authorities of each country should establish a mechanism in which they could
gather necessary information from concerned agencies and assess the data to identify the risk factors andindicators; such measure would contribute to the detection of VAC cases. In addition to developing suchmechanisms, the relevant authority could also utilize academic research and expert opinions by scholars in
the field.
3. Accessibility and Confidentiality of the System
Furthermore, to ascertain effective reporting and protection of child victims and witnesses, therelevant authority of each country (such as the police, administrative agencies etc.) shall establish easily
accessible procedures. A mechanism by which anyone could report the crime anytime with utmost trustin the system, in which the identity of the reporter would be kept confidential if necessary, hence encouraging children or their representatives or even a third party to report cases without fear. The relevant
authorities shall also guarantee that VAC reports made in good faith will be protected from any kind of
reprisal.
The relevant authority could set up a toll free helpline which would operate 24/7 to which anyone
could call. Also, the calls could be made anonymous and thus invigorate reporting despite the financial or
63

RESOURCE MATERIAL SERIES No. 100
social background of the reporter.
4. Mandatory Reporting and Accountability
It could be made legally mandatory for people who are aware of or are actual witnesses to a case of
VAC to report it to the relevant authorities. If they fail to report, sanctions could be predicated upon suchomission considering the nature and severity of the crime, especially in cases where the person knowsthat a child is in serious danger or his/her safety is at risk. Such measures are extremely crucial toprevent crimes.
In addition, the related agencies where reports shall be made (police, social welfare authorities etc.)
shall set up means to monitor the response taken after the reports are received to ensure an effective
response to VAC.
The group also acknowledged that local administrative bodies (such as the Japanese “Child GuidanceCentre” or the “Tutelary Councils” in Brazil) are granted powers to receive, scrutinize and forward
reports on alleged cases of VAC, as well as to summon the parents of the child, constitute anotherimportant mechanism of detection.
B. Interviewing Child Victims and Witnesses during Investigation and Trial
After thorough discussion, the group members came to the understanding that applying special
measures during a child victim’s interview is necessary to avoid re-victimization of the child due to insensitive procedures or questioning during investigation, to avoid re-victimization caused by repetitive interviews done by multiple agencies on the same matter, and to elicit accurate information from the childvictim.
The members of the group came to the understanding that such interviews shall only be carried out
by trained forensic experts. However, all the relevant stakeholders including the investigating body andsocial welfare authorities shall be present to observe the interview and give input if necessary.
The group agreed that the protocol set by the Eunice Kennedy Shriver National Institute of Child
Health and Human Development (NICHD) 2 as well as the document Achieving Best Evidence (ABE Interviewing) in Child Sexual Abuse Cases 3 provided by the Criminal Justice Joint Inspection (CJJI) on Child
Victim Interviewing are methods that may be applied among the countries. Thus, our model on childvictim interviewing is based on these protocols.
1. Interviewing a Child During the Investigation(a) 		 Planning and preparation for the interview
Before the interview takes place, interviewers should engage in multi-disciplinary planning with therelated agencies and consider factors such as:⿟⿟ How the content, structure and rules of the interview will be explained to the child;⿟⿟ Child’s gender, age, race, culture, and use of language, his or her religion, any special needs, thechild’s cognitive abilities, memory and linguistic abilities, his or her current emotional state andrange of behaviours, relationships with family members, the child’s sexual education and sexual
knowledge, family routines, the use of discipline, the presence of any recent stress and whether
the child needs to be assessed by a psychologist or psychiatrist to find out his or her mental
status. This information could be collected through the victim’s parents, schoolteachers, andthrough established facts of the case. For example, if the child had suffered grievous harm as aresult of sexual or physical assault, and the child has undergone massive trauma, the interviewers could foresee that it is important for an evaluation of the victim’s mental status. Also in cases
where the gathered facts suggest that the child victim might have mild cognitive disability,
although the victim fully understands and reacts to situations, to ensure the credibility of theinterview, a psychological evaluation can be done beforehand. So, by gathering such information
2 Available at: <http://nichdprotocol.com>.

3 Available at: <https://www.justiceinspectorates.gov.uk/cjji/wp-content/uploads/sites/2/2014/12/CJJI_ABE_Dec14_rpt.pdf>.

64

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
the interviewers can prepare for the interview accordingly.
⿟⿟ Examine all the pieces of information gathered in the investigation before the interview. For
example, if a forensic report or a witness statement was previously taken, the officers in charge
shall go through them and collect as much information as they can regarding the case, and, if
possible, also the previous records, case files, background and behaviour of the suspect.
(b) The interview(i) 		 Phase one of the interview: rapport building
The interviewer shall build rapport with the child victim and try to bring him/her to a comfort zone
where the victim can freely express himself or herself. However, the interviewer must maintain neutrality
throughout the interview and be careful not to present him- or herself as being in favour of the victim.
The interviewer shall start with neutral topics to continue a normal conversation for a few minutes.
The interviewer may use this moment to observe the victim’s cognitive abilities, test his or her memory
and indirectly prepare the victim for the main part of the interview.
It is also crucial for the interviewer to inform the child victim of the ground rules of the interview andthe significance of telling the truth during the interview.
(ii) Phase two of the interview: free narrative
This is the most important part in an interview. The free narrative means all of what happened withthe child victim should be expressed by the child victim him- or herself. The child should not be led or
guided, and it is strictly necessary to elicit all the essential information from the victim him- or herself. Interviewers should refrain from interfering with a child who is freely recalling significant events.
(iii) Phase three of the interview: questioning
After the free narrative, relying on the facts that the victim has shared, the interviewer may ask
questions to the victim filling out the gaps and clearing out inconsistencies in the story told by the child. If
necessary, the interviewer may ask closed questions to cover compulsory areas still not clarified by theinterviewee.
(iv) Phase four of the interview: closure
When the interviewer has covered all the necessary areas and has elicited all the facts or informationfrom the victim, the interviewer should recapitulate the interview.
(v) Further interviews
A further interview may be necessary in some circumstances. These include:⿟⿟ Where the initial interview opens up new lines of enquiry or wider allegations that cannot be satisfactorily explored within the time available for the interview;⿟⿟ Where significant new information emerges from other witnesses or sources;⿟⿟ Where the witness indicates to a third party (e.g. a care-giver) that they have significant new information that was not disclosed at the initial interview, but which they now wish to share with
the interviewing team;⿟⿟ Where in the preparation of their defence, the accused raises matters not covered in the initialinterview.
In such circumstances, a further interview may be incumbent. However, further interviews should only
be conducted if the investigation team is sure that it is necessary, after consultation with the prosecution.
2. Interviewing a Child during Trial
The group agreed that the alleged perpetrator should be given the right of cross examination during
the trial in accordance with the due process of law. However, all members agreed that the child victim
65

RESOURCE MATERIAL SERIES No. 100
should not be summoned to the same courtroom or should not be presented for testimony in the presenceof the alleged suspect. So the group concurs that it would be ideal to establish a mechanism where a childshould be cross-examined in a special room, using audio-video link in a manner where the child cannot see
the accused, though the judge, prosecutor and the defence lawyer can have a visual link to see the childduring the examination. For a balanced and fair trial for the accused, the group members also believe thatthe relevant parties have the right to examine the child victim or witness; it is in the best interest of thechild that those questions are directed to the child victim by a qualified expert. In addition, the group also
agreed that the judge in such cases should closely supervise cross-examination as much as possible inorder to ensure the rights of the defendant.
C. Protective Measures for Child Victims and Witnesses
When a case of VAC is reported or detected, it is important for the all the relevant agencies to act
promptly to the situation. Along with the investigation of the case, the social welfare authorities should
also assess the case in order to decide on the necessary protective measures and on how intervention
should be done. This is because in most of the cases the crime committed against the children is done bysomeone related to the child. So depending on factors like the relationship between the perpetrator andthe child victim, the position or status of the perpetrator in the community, and the probable risk of theperpetrator getting in contact with the child victim should be considered when deciding on the intervention method for the protection of the child victim.
1. Temporary Custody, Alleged Offender’s Detention and Other Similar Measures
Among the intervention methods for the safety of the child, placing a child in temporary custody is one
way of ensuring a child victim’s protection. This method is usually acted upon if the perpetrator is related
to the child victim or lives in the same place with the child. There are two methods in which temporary
custody can be provided. First, to hand over the child’s custody to a relative of the child who could takethe full responsibility of him or her. This way the child would feel more comfortable, and the impact frombeing separated from his/her home would be lessened.
The second way to ensure the safety of the child is to take the child into state custody. This means
the child will be taken to shelters provided by the state, and the state would be the guardian of the child.
In such cases, utmost priority should be given to the child victim to minimize the impact on being
separated from the family and try as much as possible to ensure that the new shelter is a comfortablezone for him or her.
However, in both cases the process should be carried out in an accountable manner. For example, therelevant authority of the country can come to an official agreement with the substitute guardian regarding
the temporary transfer of guardianship, or this process could be done through a court order.
In addition, the relevant authority should also develop guidelines or regulations to monitor the status of
the child victim during temporary custody to further ensure the child’s safety. For example, if the child isplaced in the care of a substitute parent, spontaneous home visits could be made by the relevant authority
to ascertain the status of the child. In cases where the child is taken into state custody, it could be mademandatory for the institutions to report back to the relevant authorities regarding the status of the child.
It is also equally important to establish a mechanism where relevant authorities could directly get
feedback from the child victim regarding his or her temporary custody.
Another main protective measure of the child victim protection is the pre-trial detention of the alleged
offender. The topic was intensively discussed and debated among the group members. The fact that thedetention of a person not yet convicted of a crime would be a violation of human rights, or the fact that
protection of a child victim could be ensured without detaining the suspect, was a heavy discussion topic
within the group. After hours of debate and discussion on the matter, the group subsequently agreed thatconsidering certain factors and the facts of the case, the necessity of pre-trial detention may arise. Nevertheless, the group strictly urges that measures be taken to protect the rights of alleged offenders as well.
The group agreed that a judge would be the most appropriate authority to take the decision on thismatter. The burden lies upon the prosecution or the investigative body to strictly establish certain factors
before the judge to decide on the detention of the perpetrator. The factors include:66

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE⿟⿟ Nature/severity of the crime: depending on the nature or the severity and how the crime wascommitted, the prosecution can emphasize the need to detain the suspect on the ground that thealleged offender is a threat to the community as a whole.
⿟⿟ The risk of repetition: the prosecution should also bring forth the previous criminal record of thesuspect and also stress the probable risk factors for repetition of the crime either to the same
victim or multiple victims.
⿟⿟ Lack of protective shelters: in countries where there are no mechanisms to provide protective
shelters to child victims, in order to ensure the children’s safety, the detention of the alleged
offender would be important.
⿟⿟ Risk of influencing or threatening child victims or witnesses: although there are mechanisms toprovide protection for child victims, there are no special measures to ensure child witnesses’
safety or measures to avoid the risk of the child witness getting in contact with the suspect. In
cases where the perpetrator is not in police custody, the risk of the child witness or victim being
influenced by the suspect is higher.
⿟⿟ Relationship with the victim: this would be the most important reason for a child victim to betaken into protective custody. The likelihood of the child victim to be threatened or influenced isvery high if the perpetrator is related to the child or if the perpetrator lives in the same
household with the child victim. Moreover, in such cases the probability of having witnesses
within the home is also high. Thus, the risk of witnesses being threatened or influenced by theperpetrator is also more likely.
⿟⿟ Risk of fleeing or destroying evidence: if the prosecution finds reasonable facts to believe that thesuspect might flee or destroy evidence, it shall be disclosed before the judge. For example, if theperpetrator is a foreigner, the chances that he or she may flee the country would be high. If thecrime committed against the child is done on the Internet, the chances of the suspect hiding or
destroying evidence is higher.
Although the group believes that pre-trial detention may be necessary, the group also believes thenecessity may vary depending on the case. For instance, if the perpetrator is a first-time offender, or is
not related to the child, or if the offence is relatively minor, there may be no reasonable grounds for him
or her to be detained. Nonetheless, other mild measures like restraining orders or supervised house arrest
could be adopted.
The group was further convinced with the issue of pre-trial detention considering the document“Justice in Matters involving Child Victims and Witnesses of Crime”, developed by the UN Office on Drugs
and Crime in cooperation with the UN Children’s Fund (UNICEF) and the International Bureau forChildren’s Rights, article 11:
 t any stage in the justice process where the safety of the child victim or witness is deemed to beAat risk, [the competent authority] shall arrange to have protective measures put in place for thechild. Those measures may include the following:a) Avoiding direct contact between a child victim or witness and the accused at any point in thejustice process;b) Requesting retraining orders from a competent court, supported by registry system;c) Requesting pre-trial detention order for the accused from a competent court with “no contact”
bail conditions;d) Requesting order from a competent court to place the accused under house arrest;e) Requesting protection for a child victim or witness by the police or other relevant agencies andsafeguarding the whereabouts of the child from disclosure;f) Making or requesting from competent authorities other protective measures that may bedeemed appropriate.

67

RESOURCE MATERIAL SERIES No. 100
2. Protection of the Identity of the Victim during the Investigation and the Trial Phases
It is also essential to follow certain special procedures during the trial for the protection of the child,such as:⿟⿟ Expunging child victim or witness names, addresses, information about the family, school or any
other information that could reveal the identity of the child victim or witness from statements
and case reports which may be published;⿟⿟ In order to provide a fair opportunity for the defence lawyer to prepare for the case or for crossexamination, the court could disclose the documents after expunging the necessary details of thechild. The judge can also assign pseudonym numbers to child victims or witnesses.
⿟⿟ The child victim or witness testimony should be carried out in the manner explained in section B(2) of this report.
⿟⿟ The hearing should not be open to the public. However, the court could issue summarized news
briefs to the public after the hearing.
⿟⿟ The prosecution could file for a non-disclosure order, prohibiting the defence lawyer from giving
any information to the public that may reveal the identity of the child victim or witness.
In short, special procedures need to be followed regarding child victims and witnesses during investigations and trials. However, the procedures may vary depending on the facts of the case and also thesituation of the child victim or witness.

IV. RECOMMENDATIONS
As a result of the discussions and lectures, the group agreed on the following main recommendations:
A. Detection and Reporting
All the participants agreed that it is necessary to strengthen the mechanisms of identification of therisk factors of VAC especially through:⿟⿟ Data collection and analysis by a national level agency;⿟⿟ Funding of academic research on the issue.
The participants also agreed that community policing as well as other community-oriented initiatives(such as “door-to-door campaigns”) are an important strategy to enhance detection of VAC cases.
Local administrative bodies granted with powers to receive, scrutinize and forward reports on alleged
cases of VAC, as well as to summon the parents of the child, constitute another important mechanism ofdetection.
Awareness campaigns against VAC shall be permanently developed and shall involve multiple stakeholders, especially schoolteachers, medical services, media, and internet service providers. Also, with thegrowth of sexual tourism in Eastern Asia and Latin America, people working in the tourism industry
should also be sensitized and work together with law enforcement agencies. The campaigns shall specifically address the cultural issues that contribute to practices such as female genital mutilation (in several
countries) and physical punishment by parents.
A 24/7 toll-free child helpline service shall be established as a mechanism of reporting VAC.
Mandatory reports by schoolteachers, medical services and internet service providers shall be considered by countries as a way to improve the capacity of the criminal justice system to respond to VAC.

68

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
B. Interviewing Child Victims and Witnesses During Investigation and Trial
All the participants highlight the crucial importance of sensitizing and training all members who deal
with VAC cases including all workers who are involved in different levels of the criminal justice system.
The training should be carried out according to the work in the field done by those members. For
example, frontline officers shall have different training compared to those who are in charge of interviewing and investigating VAC cases. Those involved in the interviewing of the child victim should have more
extensive and sensitive training. Law enforcement agencies shall provide permanent programmes andpolicies on this matter, as well as appropriate resources and funding.
With the aim of avoiding revictimization, states shall consider reducing to the minimum necessary the
number of times a child is interviewed by law enforcement agencies and other administrative bodies. That
requires strong integration between the agencies and, in many cases, legal reform.
Also, the adoption of a forensic method of interviewing children is strongly recommended. The groupagreed that the Investigative Interview Protocol set by the Eunice Kennedy Shriver National Institute ofChild Health and Human Development (NICHD), as well as the document Achieving Best Evidence (ABEinterviewing) in child sexual abuse cases provided by the Criminal Justice Joint Inspection (CJJI), provides
a secure basis for the enhancement of our law enforcement system and shall be considered as a valuable
resource for forensic experts, police officers, prosecutors and judges who deal directly with the issue. The
method could be applied both during the investigation and the trial phases, regardless of the system (inquisitorial or adversarial) adopted by the countries. Legal reform may be necessary for this purpose.
Basically, the method states that the interviews shall be planned in advance and shall consider, among
other factors, the gender, age, race, culture, and current emotional state of the child, his or her relationship with other family members, and whether the child needs to be assisted by a psychologist, a psychiatrist or a social worker.
The interviewer shall build rapport with the child by trying to bring him/her to a comfort zone wherethe victim or witness could freely express himself or herself. However, the interviewer must maintainneutral ground throughout the session in order to ensure the credibility of the evidence during trial.
Besides, it is also crucial to stimulate a free narrative of the events as much as possible. The child shallnot be at all led or guided, and it is strictly necessary to elicit all the essential information from the victim
himself or herself. Questions may be asked to the child only in the final part of the interview, aiming at
filling out the gaps and clearing out inconsistencies in the story told by the victim or witness.
Whenever it is necessary to ensure the search for truth, as well as the right to a fair trial, the childvictim or witness may be heard by the Court. However, in such cases the child shall not be summoned tothe same courtroom and must not be presented for testimony in the presence of the alleged suspect.
Therefore, the group agreed that it would be important to establish a mechanism where the child could
be cross-examined in a room specially designed to ensure safety, privacy, comfort, and adequate reception
conditions to him or her. The room shall be equipped with a video-recording system and the interviews
shall be conducted by a forensic expert (a psychologist, a social worker or a trained officer) of the samegender as the child, upon his or her request. The group also agreed that the judge in such cases shallclosely supervise cross-examination as much as possible in order to ensure the rights of the defendant.
C. Protective Measures for Child Victims and Witnesses
1. Temporary Custody, Alleged Offenders’ Detention and Other Similar Measures
The group agreed that the main purpose of protective measures such as temporary custody of thechild and the detention of the alleged offender shall be the protection of the integrity and safety of thevictim or witness. On the other hand, the rights of the suspect/defendant must not be taken for granted.
Given that, states shall adopt among others the following protective actions stated in the document“Justice in Matters involving Child Victims and Witnesses of Crime”: a) to avoid direct contact between achild victim or witness and the accused at any point in the justice process; b) to request restraining orders
from a competent court (such as “stay away” and “no contact” orders); c) to request pre-trial detention
order for the offender from a competent court; d) to request temporary custody for the child, in cases
69

RESOURCE MATERIAL SERIES No. 100
where he or she must not stay with his or her family. The group agreed that the latter two measures
shall be only adopted as a last resort, in cases where there is either an actual threat to the child, the possibility of the repetition of the crime, or a risk that the suspect may flee. Accountability and judicial
review shall be strictly adopted and enforced in those cases aiming at protecting the interests and needsof both parties involved.
2. Protection of the Victim’s Identity during the Investigation and the Trial Phases
Officials shall ensure confidentiality of any piece of information related to child victims and witnesses
both during the investigation and during the trial phase. Personal information such as name, image andaddress shall be kept confidential in order to protect them from any negative impact that can cause revictimization.
Furthermore, the criminal justice system shall adopt all the necessary measures to prohibit the publication or broadcasting of such information by the media, to the extent that, even when such information
leaks out despite the restrictions, the media are prohibited from making use of it.
Holding closed trial sessions is another important measure that shall be taken by the criminal justicesystems of the states, in order to protect the privacy of child victims and witnesses.
3. Medical Examinations.
Medical examinations – especially those related to child sexual abuse cases – shall be conducted bytrained health providers and shall include appropriate treatment.

V. CONCLUSION
In light of the discussions, the group concludes that even though most of the countries do have specificprovisions criminalizing violence against children, there are many challenges and issues in this regard thathave not been sufficiently addressed by many states.
Most VAC cases remain under-detected and underreported even in developed countries, especially due
to cultural issues. Furthermore, lack of a proper framework and public policies on detection and reportinghas been acknowledged.
Additionally, most of the law enforcement members are admittedly not prepared, nor sensitized to deal
with VAC.
A child-sensitive approach shall be considered in all stages of the criminal justice system and shall bebalanced with the rights of the defendant, ensuring for both parties, therefore, the right of a fair trial.
The implementation of the recommendations stated above, which are the result of our lectures, discussions and own experiences, would be, in our view, an important step towards the improvement of thecriminal justice systems of our countries on this matter.
However, our aim can only be achieved if we all play our roles according to our responsibilities effectively and efficiently as citizens, parents, police officers, prosecutors and judges.

70

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

APPENDIX:
a. DUTY TO CRIMINALIZE
a-1 Does your country cover all the provisions established in the Convention and its Protocols? If does
not, what are the offences that are not criminalized in your legal system?
Country

AnswerBrazil

Yes

Japan

Yes

JordanYes

Malaysia

Yes

Maldives

Yes

Mali

Yes. However,genital mutilation is
not clearly statedas a criminal
offence in the Penal
Code.

PakistanYes

ThailandYes

a-2

Supplement

What are the most common offences committed against children in your country?

Country

AnswerBrazilSexual exploitation of children/child prostitution, neglect (either by families and by thesociety), domestic violence against children

Japan

Physical abuse, child pornography, sexual abuse

JordanDomestic violence, child labour

Malaysia

Sexual abuse, physical abuse, neglect, abandonment of babies, and drug trafficking(children as mules)

Maldives

Sexual abuse, assault, neglect, child prostitution, murder

Mali

Genital mutilation, sexual abuse, early/forced marriage, physical violence, forcible recruitment, child labour

PakistanChild labour, domestic violence, sexual abuse, kidnapping

Thailand

Sexual abuse, physical violence

71

RESOURCE MATERIAL SERIES No. 100
b. DUTY TO INVESTIGATEb-1

Detection/Reporting issues. Have VAC cases been properly detected and reported?

Country

Answer

Supplement

BrazilNot completely/
properly detected
and reported

However, the following have been established:- A national hotline (Dial 100)
- A decentralized system of protection composed by elected
citizens in every municipality of the country. (“Tutelary councils”)
Even though, VAC is underreported.

Japan

Yes

- Anonymous Report Dial
- Internet Hotline Centre Japan (IHC) (which is founded by the
NPA, has dealt with illegal or harmful information)- Amendment of the Child Welfare Act- On-the-spot protection and guidance activity through internet bypoliceJordanNot all of them.

Most cases are reported to and observed by the Family Protection
Department, while others are not detected due to social habits andfear by children from consequences.
Developing and extending the power of juvenile police department
and family protection department in Jordan is a challenge.

MalaysiaYes- A national hotline (Talian Kasih 15999)- Emergency call 999 to Police, Hospitals & Fire Brigade- Toll-free call by various agencies including NGOs that work on
VAC- Internet sites held by the Police, Minister of Women, social andwelfare. private sector, and NGOS
- Toll-free lines direct to Prime Minister office

Maldives

Yes and No

Toll free helplines, reports could be made anonymously.
However, the rate of reporting depends on the level of awarenessand empowerment of the people.

Mali

No

However, an office for children has been established at each court
and several NGOs are playing roles, the system is not working
properly.

Pakistan

Yes

Although cases of minor gravity are not reported by parents,
heinous offences and acts are properly reported to the police.

ThailandYes

Toll-free hotlines connected to police stations

b-2

Are there special procedures for investigating VAC in your country?

Country

Answer

Supplement

BrazilNo

However, there are police stations and prosecution services specialized in violence against women and children.

Japan

No

JordanYes

There are special procedures to protect the integrity and confidentiality of data. Special rooms are used to interview children and toaccommodate their needs.

Malaysia

Yes

Depending on the nature of the offence, children are placed incustody according to the opinion of the investigation officer. Cases
are investigated by a special department and the children are interviewed in a special programme conducted by the Child Interviewing Centre.

72

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

Maldives

Yes, except forchild sexual abuse
offences.

Special remand procedures to keep the accused in detention before
and throughout trial, special procedures followed by the investigation on VAC cases, special department, trained IO’s, child friendly
interview rooms, presence of the guardian or social worker.

Mali

No

PakistanNo

Cases of VAC are being investigated as other offences. Police
officers should be given training to deal with cases of VAC.

ThailandYes

Psychologists and prosecutors join in interviewing juveniles.
There are special rooms for interviewing child victims or witnesses.

b-3 Are there special provisions for protecting children victims and witnesses of crimes during the investigation?
Country

Answer

Supplement

BrazilYes- A general programme for protecting victims and witnesses- A provision in the Criminal Procedure Code ensuring the arrestof the offender, whenever it is necessary- A provision in the Criminal Procedure Code establishing the possibility of a restraining order (“stay away provision”)

Japan

Yes and No

It is not in judicial procedures, in such case, temporary protective
custody is provided by Child Guidance Centre.

JordanYes

Consideration of the use of children as witnesses, witness care andof special measures to enable them to give evidence in the best way
possible in terms of quality of their evidence and reducing trauma
to them.

MalaysiaYes- A provision in the Criminal Procedure Code ensuring the arrestof the offender, whenever it is necessary- Restraining order against the suspect- Protection of the identity of the victim- Temporary custody

Maldives

Yes

The special procedure of pre-trial detention is not mandatory; it isin the discretion of the police and prosecution to request detention.
However, this is only for sexual abuse cases. The identity of thevictim or witness can be protected.

Mali

No

PakistanYes

All the witnesses and victims are protected by common law
including children. Police protection can be provided to them.

Thailand

Yes

There is the witness protection act. If victims/witnesses request,
officials will protect them.

b-4

Are there child sensitive measures and/or procedures regarding forensic examination of children?

Country

Answer

Supplement

Brazil

Yes and No

There are some specialized forensic services, but they are only
available in a few cities of the country (mostly capitals of larger
states).
Several hospitals provide special medical services for child victimsof sexual abuse.

73

RESOURCE MATERIAL SERIES No. 100

Japan

Yes

Sensitive measures are taken in such cases. However, they are notstipulated by the Law.

JordanYes

In compliance with the juvenile law, children are examined in adifferent manner than adults, but the law does not describe how to
distinguish children from adults.

Malaysia

Yes

Sensitive measures are taken in such cases, which include compulsory medical treatment, collecting evidence in a sensitive way,
Special Scan Teams.

Maldives

Yes

Sensitive measures are taken in such cases. However, they are notstipulated by the Law.

Mali

Yes

Whenever the victim requires the intervention of an expert

Pakistan

Yes and No

Parents and guardian accompany the victim during whole process.

Thailand

Yes

They are not similar to common measures/procedures for adults.
Children are examined by psychologists in a separate room.

b-5 In case of conflict of interest between parents/guardians or in case the child has no guardian, arethere special provisions to protect the child during the investigation?
Country

Answer

Supplement

BrazilYes

According to the Criminal Procedural Code, the judge may appointa third person to defend the interests of the child.

Japan

Yes

Not as a part of judicial procedures. In such cases, the child will beplaced under temporary custody of a Child Guidance Center. Consequently, protection of the child is ensured.

JordanYes and No

Not mentioned in the law but implicitly applied to emphasize
juvenile interest. No explicit guideline to guarantee implementation,
which makes it subject to negligence.

Malaysia

Yes

Temporary Custody and Interim Protection Orders in cases ofdomestic violence against children and women

Maldives

Yes

No provisions in the law, but there are internal procedures followedby the related agencies. In such cases the interview will be done in
the presence of a social worker only and, if need be, the child will
be taken into state custody.

Mali

Yes

The juvenile judge can still take steps to protect the child by entrusting him or her to another person, state institution or an NGO.

PakistanYes

ThailandYes

b-6

There are both governmental and non-governmental organizations.

Is there pre-trial detention of the perpetrator in VAC cases? In which cases?

Country

Answer

Supplement

BrazilYes

Especially in cases of domestic violence against children or women.

Japan

Yes

In many VAC cases perpetrators are detained.

JordanYes and No

No special rules are mentioned; the Judiciary applies the generalrules for detention.

Malaysia

Yes

Especially in cases of domestic violence against children or women.

74

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

Maldives

Yes

Special procedures could only be followed in sexual abuse cases, due
to extended investigation the accused is often released frompre-trial detention. In any case, depending on the nature, severity,and the risk of influencing the victim or witnesses, the judge couldorder detention through trial. This is under a special regulation. But
in child sexual abuse cases, this is stipulated in the Act 12/2009. In
domestic violence cases, even if the judge releases the accused fromdetention, the victim could apply for a protection order under thedomestic violence act from the family court.

Mali

Yes

In case of crime or offence committed by a minor of at least 15
years.

Pakistan

Yes

Police officers may arrest perpetrators for twenty-four hours after
the First Information Report.

Thailand

Yes

Only in serious cases. The suspect can apply for bail unless thevictim challenges.

b-7

Are police officers sufficiently trained to deal with VAC cases?

Country

Answer

Supplement

BrazilNo

Most police officers do not have special training nor are sensitizedfor the children’s needs and interests.

Japan

Yes

Japanese police conduct practical training and role-playing cooperating with Child Guidance Centres.

JordanNo

Not adequately especially after establishing juvenile police departments because this department is newly established and moretraining is needed.

Malaysia

Yes

Only a Special Police Division (D-11) can deal with such cases.

MaldivesNo

Not every island has a police station, although each police station
has a trained IO to deal with VAC cases. However, only one IO ineach police station is not sufficient.

Mali

No

Not the majority

Pakistan

Yes

Only police officers having vast experience can deal with cases of
VAC.

Thailand

Yes

Some training has been provided but it is not enough for dealing
with all the VAC cases. Women police are involved.

b-8

Have children been interviewed by the police in a sensitive manner and in a friendly environment?

Country

Answer

Supplement

BrazilNo

Most police officers do not have special training nor are they sensitized for the children’s needs and interests.

Japan

Yes

Most of the police officers are aware about the issue of proper interviewing of children. Sometimes they use the reception room for that
purpose.

JordanYes

They are privately interviewed and treated in a special manner.

75

RESOURCE MATERIAL SERIES No. 100

Malaysia

Yes- Trial Programmes: while the report is being prepared, victims are
put in special rooms, according to their gender.
- After the report has been completed, the document will be sent
to a special unit along with the victim.

Maldives

Not always

Some islands do not have enough trained officers or special
interview rooms.

Mali

No

PakistanYes

A child victim of violence is always interviewed in a friendly atmosphere.

ThailandYes

The number of psychologists and special rooms for interviewing
children are not enough.

b-9

Are there specific policies to avoid the repetition of the testimony (re-victimization)?

Country

Answer

Supplement

BrazilNo

Due to a lack of integration between the stakeholders, the victim is
obliged to tell the story several times (school, police, tutelarycouncil, court).

Japan

Yes

Forensic interview method and MDT (multi-Disciplinary Team)

JordanNo

Malaysia

Yes

According to the law, the child would be heard only once during
the trial.

Maldives

Yes

Although we follow internal procedures to avoid re-victimization, no
special measures are stipulated in our laws. If we find corroborating
evidence relying on a child’s statement and if the child’s statement
and witness statement differs, witnesses are questioned further.

Mali

No

Pakistan

YesChild victims and witnesses are examined and testify only once inthe courtroom.

Thailand

Yes

Child victims and witnesses are interviewed only once. Psychologists participate in the interview.

b-10 Have the law enforcement agencies and other administrative bodies been working in an integrativeand multidisciplinary way, in order to avoid re-victimization?
Country

Answer

Supplement

BrazilNo

Due to a lack of integration between the stakeholders, the victim is
obliged to tell the story several times (school, police, tutelarycouncil, court).

Japan

Yes

There are “Comprehensive Child and Family Services Centres”. In
these centres, police officers and Child Guidance Centres are put
together and engage in integrated cooperation to avoid re-victimization.

JordanYes

New adjustments are being vastly concentrated on this topic, andcooperation has been made between all parties.

Malaysia

Yes

76

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

Maldives

Yes

Police, Prosecutors Office and the Ministry of Law and Gender havebeen engaged in collective efforts to avoid revictimization.
We try as much as possible to work together; however, sometimes
where the victim is an offender or the offender becomes a victim,
doubts arise about which agency’s mandate the case falls in.

Mali

No

Pakistan

Yes

There is an ideal working relationship between departments doing
investigation like police, health and others. So there are rare
chances of re-victimization. However, if it happens, police register
criminal cases. Cases of VAC are being monitored by senior officialsof the investigating agency.

ThailandYes

Psychologists are the only ones who can interview juveniles. Psychologists generally participate in the interview.

c. DUTY TO PROSECUTE AND TO ADJUDICATEc-1

Are there special procedures for prosecuting VAC in your country?

Country

AnswerBrazil

No

Japan

No

JordanYes

There are stated guidelines during the trial and investigation.

Malaysia

Yes

The law provides for the detention of the perpetrator considering
the circumstances. There are also special courts for adjudicating
VAC cases.

Maldives

Yes

Not stipulated in regulation. Considered as high priority cases,
special supervision and guidance to police during investigation.

Mali

No

PakistanNo

No special procedure in law.

Thailand

Yes

There are special prosecutors to prosecute VAC cases.

c-2

Supplement

Are there special provisions for protecting children victims and witnesses of crimes during the trial?

Country

Answer

Supplement

BrazilYes- The arrest of the defendant if it is necessary to protect the child.
The victim or witness may also opt to get into the programme ofprotection.
- “Hearing rooms” – “harmless testimony” implemented in 120
courthouses so far.
- A provision in the Criminal Procedure Code establishing the possibility of restraining orders (“stay away provision”).

Japan

Yes

The Code of Criminal Procedure to protect crime victims of all ages
are used to protect children.
Protection of victims’ identifying information, screens, attendants,
video link, witness examination outside of court

JordanYes

There is confidentiality, and the child’s parents or guardians must
attend.

Malaysia

Yes

Same as c-1

77

RESOURCE MATERIAL SERIES No. 100

Maldives

Yes

Special provisions to take child victim and witness testimony, andeven in other sexual offences where a child is a witness.

Mali

No

PakistanYes

According to precedents, courts can protect victims and witnesses
and can also provide police protection for them.

Thailand

Yes

There is a witness protection act for these cases. Juveniles will beprotected whenever necessary.

c-3 In case of conflict of interest between parents/guardians or in case the child has no guardian, arethere special provisions to protect the child during the trial?
Country

Answer

Supplement

BrazilYes

According to the Criminal Procedural Code, the judge may appointa third person to defend the interests of the child.

Japan

Yes

It is not a judicial procedure; in such cases, the child will be placed
under temporary custody by a Child Guidance Centre officer. Consequently, protection of the child is ensured.

JordanYes

Malaysia

Yes- Temporary custody and substitute guardians.
- Interim protection order.

Maldives

Yes, but not necessarily only at thetrial stage

In such cases guardianship will be transferred to someone who iscapable within the family or if not, the child will be taken into statecustody.

Mali

Yes

Judges can take steps to protect the child by entrusting him or her
to another person, to a state institution or to an NGO.

Pakistan

Yes

Normally it does not happen due to social and religious norms;
however, if it happens, courts can appoint any person from civilsociety as a guardian of the child.

Thailand

Yes

Some organizations will deal with this problem. They will take careof the child during trial.

c-4

Does your country include some sort of witness or victim preparation before her/his testimony?

Country

Answer

Supplement

BrazilNo

According to Brazilian law, the preparation of victims or witnesses
either by the police or by the prosecution service is prohibited by
law.

Japan

Yes

The public prosecutor or the defence counsel who has filed arequest for the examination of a witness shall prepare so as to beable to conduct an appropriate examination

Jordansometimes

Sometimes, they explain the case and the reason why he is being
asked to give testimony.

Malaysia

Yes

It is allowed by the law and it depends on the Attorney General’s
provisions and discretion.

Maldives

Yes

Witness preparation is conducted by the Witness Assistance Unit of
the Prosecutor General’s Office.

78

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

Mali

No

Pakistan

YesChild victims and witnesses are briefed by the Prosecutor before
the trial.

ThailandNo

According to the law, the preparation of victims or witnesses either
by the police or by the prosecution service is prohibited by law.

c-5

Have prosecutors and judges sufficiently been trained to deal with VAC cases?

Country

Answer

Supplement

BrazilNo

Japan

Prosecutors: Yes;
Judges: No

Prosecutors have just started training on child interviewing.

JordanYes

Recently, there have been some initiatives on training law enforcement members on VAC.

Malaysia

Yes

Special unit for children in the Attorney General’s Office

Maldives

No

No special training given to judges or prosecutors as a whole todeal with such cases.

Mali

Yes

However, they should deepen their knowledge to improve their efficiency including the methodology to detect and manage VAC.

PakistanYes

Thailand

Yes

There is a special course for them.

c-6 Have children been interviewed by prosecutors and judges in a sensitive manner and in a friendly environment in court?
Country

Answer

Supplement

BrazilYes

But only in a few courthouses (120 so far).

Japan

Yes

However, it depends on the initiative of judges and prosecutors.

JordanYes

They interview them and take into consideration their ages, social
circumstances and gender.

MalaysiaYes

Can object to summoning the child victims or witnesses to testify incourt; sometimes use the interview video recording taken during
the investigation at trial.

MaldivesNo

Due to lack of facilities, most of the courts across the country
cannot apply the special provision to take child victim or witness
testimony. Some courts rely on the video recording of the child’sinterview while other judges continue questioning out of court
without video recording. Can object to summoning the child victims
or witnesses to the court; sometimes use the interview video
recording taken during the investigation at trial.

Mali

No

Pakistan

YesChildren are always interviewed in a friendly atmosphere. Courts
do not allow the defence counsel to ask questions which can cause
re-victimization.

Thailand

Yes

There are special rooms in the court for interviewing child victims
and witnesses.

79