GROUP 2
IDEAL MEASURES TO PROTECT CHILDREN AS WITNESSES IN
INVESTIGATION AND TRIAL PHASES
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

Adviser
Assistant

Mr. MORSY Abdelalim Farouk
Mr. HOSONO Takahiro
Ms. MWANGI Maryanne Njeri
Ms. NYAMSUREN Munkhtuya
Mr. DORJI Urung
Mr. DANSOKO Dondon
Ms. YUSOP Yusnany
Mr. SHARMA Yadunath
Mr. KHUSANOV Anvar
Ms. SAKURAI Tomoko
Prof. YAMADA Masahiro
Ms. OGAKI Mutsumi(Egypt)(Japan)(Kenya)(Mongolia)(Bhutan)(Guinea)(Malaysia)(Nepal)(Uzbekistan)(Japan)(UNAFEI)(UNAFEI)

I. INTRODUCTION
It has been recognized internationally after much hue and cry that children have rights which must be
safeguarded and protected in every country that boasts of having the rule of law. Several international instruments have been drafted to outline the rights and provide mechanisms for safeguarding the same1.
Most countries have adopted the legal instruments and further enacted domestic laws that ensure therights of children within their borders are safeguarded. However, most of these countries have loopholes
in their legislation concerning the rights of the children as witnesses. Moreover, the measures adopted bythese countries concerning the rights of child witnesses face practical challenges that need urgent redress.
The members of the group held successive meetings, and each one of them discussed in length theideal2 measures applied in their own countries. In choosing the topic of the research, numerous deliberations occurred concerning the title. It was suggested to discuss the rights of children as victims andwitnesses as the former are more vulnerable and need more protection than those who are witnesses of acrime and not victims of it. Yet, for the purposes of specification and accuracy, discussing the rights ofchildren as victims requires shedding light upon means of reporting, civil action and rehabilitation. Those
measures require more time and resources which may be not available. Further, it was noticed that somecountries give special attention to child witnesses only when they are victims, despite that article 3.1 of
the CRC3 does not discriminate between the child as a victim and as a witness. Finally, the criminal justiceprocess is initiated by the action of victims and witnesses in reporting of crime. Without a reported crime,
the criminal justice system cannot become involved in the protection of victims or witnesses. Witnesses
also play important roles in the investigation and prosecution process, because without them most of thecases would collapse for the lack of evidence.
This group chose the protection of children as witnesses, as it is crucial for their health and well-being
in any given society. Unfortunately, many children fall victim to violence notwithstanding the fact that
there are so many rules and regulations that emphasize their protection. Their rights to health, education,
nutrition and leisure are compromised, and the children become vulnerable to exploitation in their efforts
to survive in the hands of judicial systems. Thus, concerted efforts must be made towards realizing the
1 Namely; 1) Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General

Assembly resolution 44/25 of 20 November 1989 entry into force 2 September 1990. 2) Guidelines on Justice in Matters
involving Child Victims and Witnesses of Crime adopted by the UN Economic and Social Council in its resolution 2005/20 of
22 July 2005. 3) Model Law on Justice in Matters involving Child Victims and Witnesses of Crime and Related Commentary.
2 “Ideal: the best possible.” Def.1. Cambridge Dictionaries Online. <http://dictionary.cambridge.org/dictionary/english/ideal>
accessed 20 June 2016.
3 In all actions concerning children, whether undertaken by public or private social welfare-institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be the primary consideration.

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rights of children as witnesses, as their cognitive abilities are not fully developed.
The group members agreed on the measures that should be applied as the standard measures needed
to secure the welfare of children as witnesses4. Such measures are described as “Ideal” from the members’
point of view. In electing such measures, the group depended on the UN Model Law and Related Commentary, the best practices adopted by member’s countries and comparative approaches from thedifferent legal systems. The measures that the group elected are classified into the pretrial phase and thetrial phase. However, some of these measures are required in both phases.5 Further, such measures secure
the best protection for the safety and privacy of child witnesses and aim to lessen the hardship that thechild witness may face during different stages of judicial procedure.
This research was therefore necessitated by the various reactions that emanated from all the countries
that were represented in this training, and this group chose to focus on the measures implemented byeach country and the ways and means of adopting the best practices.
This paper will also seek to analyze the legal regime that safeguards the rights of children as
witnesses in the model law. Further it shall delve into the current systems and structures in various
countries, identifying the opportunities and challenges for children in the criminal justice system, and will
make practical recommendations in addressing the plight of children who find themselves in the wheels ofjustice, not only as child witnesses but also as children in need of care and protection.

II. MEASURES OF PROTECTION
A. Investigation Phase
This is the first stage where the child comes into contact with the law. This is the formative stage ofthe trial process, and it is always important that it is conducted according to the best standards. At thisstage, there has to be a complaint made against a child or an adult. A complaint can be made by the complainant, his/her intermediary or by the community at large. Responsible officials in any criminal process
must identify the victims at the earliest opportunity and proceed to identify the key witnesses. At thisstage, we are going to look at the measures that are available to ensure that the witnesses feel satisfied
and confident with the system, especially noting the fact that witnessing is a horrible scene and a burden
to the child.
To minimize the risks of having inconsistent statements from child witnesses whose cognitive abilities
are not fully developed, the physical atmosphere as a means of interview is important. Means of interview
could be described as special procedures for collection of evidence which should be implemented in orderto reduce the number of interviews, statements, hearings and specifically unnecessary contact with thejustice process.6 Moreover, under the Model Law7 measures to protect the physical and mental well-beingof the child witness help to prevent distress or harm to the child. Therefore, child friendly interview
rooms, technical communication aids, specially designed waiting rooms and recordings will make witness
less frightened.
It is important to note that the cognitive abilities of children are not fully developed at this stage, andhence the processes involved should not only be friendly but also efficient. Reactions from the countries
represented agreed that they have met the basic principles applicable to ensure that the witness isprotected. Some of these measures include:
1. Victim Support Agencies
Due to the vulnerability of child witnesses, it was deemed necessary by the members to agree that a
support agency is important during the pretrial stage of every criminal process. The support agencies are
4 Special focus on Egypt, Japan, Uzbekistan, Kenya, Mongolia, Malaysia, Guinea, Nepal and Bhutan.
5 Such as waiting rooms.

6 Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime 31 (a)<http://www.un.org/en/ecosoc/docs/2005/resolution%202005-20.pdf> accessed 20 June 2016

7 Model Law on Justice in Matters involving Child Victims and Witnesses of Crime<http://www.unicef.org/tdad/childvictimswitnesseslawandcommentary.pdf> accessed 20 June 2016.

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known to offer emotional support, guidance and counselling for the child victims of crimes. The members
agreed that the role of these agencies shall be extended also to support the child witnesses to crime even
if they are not victims, given that the child witnesses to crimes are subjected to hardship during the
judicial process that highly demands providing multiple aspects of support.
Support centres provide safe and child friendly environments before and after the cases. The victim
care centre is staffed by professionally trained victim care officers who provide psycho-social support tothe child victim and witness. Some centres provide both psychological assistance and monetary assistance.
A good example of the extended protection presents in Malaysia, which has adopted a support agency
called the Victim Care Center (VCC). According to the Malaysian member of the group, Ms. YUSOP
Yusnany, the Malaysian law stipulates the primary purpose of the VCC, which is providing support andservice to victims.8 However, it also provides support to children as witnesses in practice regardless ofwhether they are victims of crimes or not. The Malaysian government has also embraced other support
mechanisms to ensure that children as victims and witnesses get as much support as possible, the agency
works with the help of the Ministry of Women, Family and Community Development, the Department ofSocial Welfare and the Ministry of Health.
Other functions of the victim support centres are:a) Attending to witnesses to help them cope with traumatic eventsb) Providing conducive and therapeutic settings for the comfort of the victims/witnesses and theirfamiliesc) Providing care and protection to the witnesses according to their needsd) Assisting investigation officers to procure information from witnesses using counselling techniques.
e) Networking with other relevant agencies, NGOs, and the Departments of Social Welfare during
and after investigations.
Another example is the Kenyan Witness Protection Agency, which was established by virtue of the
Witness Protection (amendment) Act, 2010. The agency objective and purpose is to provide the framework
and procedures for giving special protection, on behalf of the state, to persons in possession of important
information and who are facing potential risk or intimidation due to their cooperation with prosecution
and other law enforcement agencies9 ; such agency may also provide support to children witnesses.
Other countries like Japan10, Mongolia11 and Uzbekistan12 have also embraced victim support centres,
though their organizational structures may differ in some aspects and do not provide support to witnessesof crimes only.
2. Support Persons
The Model Law provides that at the beginning of every investigation phase, the child shall besupported by a person with training and professional skills to communicate with and assist children ofdifferent ages and backgrounds.13 The Model Law defines the support person as “a specially trained
person designated to assist a child throughout the justice process in order to prevent the risk of duress,
8 Section 8, the Malaysia Children Act, 2001.

<http://www.kpwkm.gov.my/documents/10156/4bc6e4b9-1f19-4168-8327-7a2c745017f2> accessed 20 June 2016.

9 Article 3B of The witness protection (amendment) act, 201010 Japan: Child Guidance Centre, a centre that accepts consultations relevant to children aged under 18 and supports themand families with the relevant specialized knowledge and skills, Child Welfare Act [Act No.164 of December 12, 1947] Article
12.
11 Mongolia: the National Centre against violence is a nongovernmental organization that provides legal consultations andshelters for the victims of domestic violence.
12 Uzbekistan: Commissions on juvenile affairs and guardianship authorities, which have the authority to provide proposals
to the relevant state bodies and other organizations with respect to measuring children’s rights violations.

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re-victimization or secondary victimization”.
It is needless to say that witnessing a horrible scene is a burden on the child. In addition, a witness ofa crime is forced to explain the traumatic and painful incident many times. Therefore, these children needemotional support.
Support persons will also act as intermediaries in court cases when the witness is giving testimony incourt, by providing information on court procedures, offering emotional support, visiting court before trial
to familiarize witnesses with the layout of the court, providing practical assistance like transportation ofchild witnesses to court, among others.
3. Specially Trained Personnel
The Model Law asserts that investigators specially trained in dealing with children shall guide theinterview of the child, using a child-sensitive approach14. Also, it provides that the professionals working
with child victims and witnesses shall undergo appropriate training on issues related to child victims andwitnesses15. In defining the word “professionals”, the Model Law mentions “child and victim advocates andsupport persons; child protection service practitioners; child welfare agency staff; prosecutors and defence
lawyers; diplomatic and consular staff; domestic violence programme staff; magistrates and judges; court
staff; law enforcement officials; probation officers; medical and mental health professionals; and social
workers”.
These are people who have undergone some forensic training to ensure that they are able to carry out
the investigation in a professional manner, so as to reduce the burden on the witness. Specially trained
persons are able to coordinate evidence from witnesses in a professional manner. This is especially
important for child witnesses who are always vulnerable in the criminal justice system. The purpose ofusing specially trained persons on children is due to the fact that the cognitive ability of children is not
fully developed and someone has to perceive and explain their experiences in a different manner. The information must be obtained freely and treated with confidentiality by well-trained employees. The risk of
the witness providing inconsistent statements is much higher and, thus, explains the necessity of having a
trained person to take them through this stage.
Specially trained persons must be empathetic and pay attention to any symptoms of nervousness inthe child. Children frequently perform the difficult witness’s role in criminal proceedings. A child may bejust a witness to an offence, but more often he or she is both a witness and a victim. In both cases the experience of being a witness is extremely difficult and distressful for the child. Undoubtedly, however, when
the child has been victimized by the offender, the situation becomes traumatic.
Unfortunately, more and more frequently the testimony of a child victim of physical or emotional
violence or sexual abuse is the only way to stop the child’s suffering and punish the offender. The person
interviewing a child witness therefore faces two major tasks:
1. To elicit a complete, credible account of the offence;
2. To protect the child’s psychological well-being, which has been seriously harmed by the abuse experience
Most of the team members shared their experiences from their own countries, and it became apparent
that in most countries like Malaysia, Japan, Uzbekistan, Kenya, Mongolia, Malaysia, and Egypt16, the Model
Law makes a provision that a specially trained investigator shall be appointed to guide the interview of
13 Article 15, Model Law on Justice in Matters involving Child Victims and Witnesses of Crime,<http://www.unicef.org/tdad/childvictimswitnesseslawandcommentary.pdf> accessed 20 June 2016.

14 Article 13, Model Law on Justice in Matters involving Child Victims and Witnesses of Crime<http://www.unicef.org/tdad/childvictimswitnesseslawandcommentary.pdf> accessed 20 June 2016.

15 Article 8, Model Law on Justice in Matters involving Child Victims and Witnesses of Crime<http://www.unicef.org/tdad/childvictimswitnesseslawandcommentary.pdf> accessed 20 June 2016.

16 In Uzbekistan and Egypt, provision of support person is done on case by case basis.

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the child during investigation in order to prevent re-victimization.17
1. At the investigation phase, the group members also felt that there is a need to have special rooms
to conduct the interviews. The room should have cameras for monitoring and video recording, andother members of the staff can be able to monitor the interview without necessarily being present
in the room. The participants from Japan and Malaysia were conversant with this kind of evidence
recording because they have always used it while conducting their investigations.
2. Lastly, it is important to ensure the adequacy of the laws protecting children at the investigation
stage so that child witness protection at the investigation stage is therefore guaranteed.
The dilemma, however, in the pretrial phase is how to reconcile the images of children as vulnerable
and uninformed and trying to extract reliable information that will guarantee the conviction against theoffender.
4. Interview Rooms
The interview room is a room with child-friendly settings for interviewing a child about a crime he/she witnessed, other than common places for interviewing adult witnesses. Such rooms may be on thesame premises for investigating other crimes or in a special institute for child care. The “Guidelines onjustice on matters involving child victims and witnesses of a crime” pointed to this measure18, in which
they mentioned that those special interview rooms should be “designated for children”, but the guidelines
did not mention how these rooms should be designated for children. The interview room has no universal
standard measures. However, it is agreed that minimal distractions in the interview room allow the childto maintain focus on the interview process. There is a debate around the components of this room; somerequire this room to have only the furniture necessary for the child and the interviewer, prohibiting anyother means to be placed inside the room such as toys, drawings, etc.19 Other views20 suggest that in
preparing the interview room, it should be equipped with anatomical diagrams or dolls that should be
prepared by the interviewer to represent the age, gender and ethnicity of the child and the alleged
offender, because this will reduce issues of suggestibility and confusion for the child during the interview
and potential subsequent court hearing.21 From here we can switch our discussion from specifically
prepared interview rooms to the system of communication with some technical input from the child.
5. Technical Communication Aids
This is a system of building communication tools which are used to help the child to express his/her
testimony. With help of “images, photos, drawings and etc...” which are familiar to child witnesses, interviewers can collect evidence without burdening the child. Professionally trained interviewers guide thechild on how to utilize equipment to explain the acts done by culprits. The practice has proven to beefficient as child witnesses can explain better when using the tools or equipment, and most of the timethey are very helpful to the prosecution. In the digital era, evidence in the form of a document issued by acomputer is very important for a criminal or civil cases in court. For instance, in Malaysia, use of a certificate22 is often accepted to avoid bringing the child in the courtroom. Besides the best practices, technicalcommunication systems are not applied by the court in the trial phase or by police in the investigation
phase for child victims and witnesses in some countries23.

17 Article 13, Model Law on Justice in Matters involving Child Victims and Witnesses of Crime<http://www.unicef.org/tdad/childvictimswitnesseslawandcommentary.pdf> accessed 20 June 2016.

18 Section 11 “The right to be protected from hardship during justice process” of The Guidelines on justice on matters

involving child victims and witnesses of a crime.

19 Makiko Naka - Hokkaido University Judicial interview guidelines – 10.2010 - http://child.let.hokudai.ac.jp> accessed 20

June 2016.

20 The national child protection training centre newsletter fall 2004 – p.3 – <http://www.nationalcac.org/professionals/

images/stories/pdfs/forensic%20interview%20room%20set%20up.pdf> accessed 20 June 2016.

21 Ibid.

22 Under section 90A (2) of the Malaysia Evidence Act adopted in 1950, <www.lawnotes.in/Malaysia_Evidence_Act,1950>,

accessed 20 June 2016.

23 For instance Nepal.

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6. Recordings
Video recording means recording of the oral evidence of the child witness, in the form of an interview
conducted by a police officer or other officers, expressed in any format, made with a view to its admission
as evidence of the examination in chief of the child witness. In Malaysia, child witnesses shall be protectedfrom the normal courtroom processes of having to confront the perpetrator in court. A directive may be
issued that evidence of a child witness and victim may be taken by way of recordings. Children who
testify in such a way become more confident, and they are free from the rigid courtroom processes. Thisis important to ensure that the information recorded in the form of a video of the child can be submitted
to the court in conformity with legal principles, thus avoiding rejection on technical grounds. A video
recording must be accompanied by a transcript of the original language used in the video recording. In
this case, the child witness should be interviewed by a qualified and experienced person, and a videotapeof the interview should be used as evidence at the trial. According to the Children’s Act, video recordingis allowed24, provided that the contents of the video recording shall be subject to the Evidence Act 1950.
It is stipulated in the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime,
as a special procedure meant for limiting the number of interviews for collection of evidence from childwitnesses; specifically, unnecessary contact with the justice process should be avoided. Proper measureswould define that there should be a special procedure to limit the number of child interviews for the collection of evidence.
7. Number of Interviews and Duration of the Interview
It is stipulated in the Model Law25 that the investigator shall avoid repetition of the interview during
the justice process in order to prevent secondary victimization of the child. The commentary provides
that the interview shall be conducted in a more thorough and accurate way. It is better to stipulate themaximum number of interviews for the child for the following reasons. Firstly, multiple interviews require
the child to experience the traumatic event again and again, which increases stress before trial. Secondly,
the more interviews there are, the more likely it is that one of the interviewers might ask leading or suggestive questions. The duration of the interviews depends on the child, although it should not exceed twohours, according to the best practice of Malaysian child interview professionals. The child’s testimony may
evolve into what appears to be rehearsed responses.26
B. Trial Phase
1. Waiting Areas
Waiting areas shall be invisible or inaccessible to the accused and shall be separated from the adults’
waiting areas. Participation in criminal proceedings may cause the child to experience secondary victimization if the investigation and trial facilities do not meet the required standards. This facility is very
important to the child witness to make sure that he or she does not meet with the accused or with his/her family members face to face before testifying. However, there are no waiting areas specialized forchildren victims and witnesses in many jurisdictions of the participants’ countries.
2. Measures to Protect the Privacy of a Child Witness
This means protecting a child witness by limiting the disclosure of information about their identity andwhereabouts. It aims to protect the privacy and the physical and mental well-being of a child to prevent
undue distress and secondary victimization. Applying this measure is derived from the dignity principle
laid down by the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime. It was
further explained under section “X: Right of privacy” of the guidelines which provides that information
relating to a child’s involvement in the justice process should be protected as a priority by maintaining
confidentiality and restricting disclosure of information that may lead to identification of a child who is a
victim or witness in the justice process.
24 Section 6 of the Child Witness Act adopted in 2007, (PDF) Evidence of Child Witness Act, 2007 International resource

centre <www.internationalresourcecentre.org>, accessed 20 June 2016.

25 Article 13.2, Model Law on Justice in Matters involving Child Victims and Witnesses of Crime<http://www.unicef.org/tdad/childvictimswitnesseslawandcommentary.pdf> accessed 20 June 2016.

26 Colin H. Murray — Child-Witness Examination — American Bar Association, April 01, 2005 <http://www.americanbar.

org/newsletter/publications/gp_solo_magazine_home/gp_solo_magazine_index/childwitness.html#top> accessed 20 June
2016.

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This means of protection also is mentioned under article 28 of the Model Law on Justice in Matters
involving Child Victims and Witnesses of Crime. This article mentioned numerous measures in order toapply the concept of privacy, inter alia, removing the information that could be used to identify the childfrom the public records, ordering the non-disclosure of any records that identify the child, assigning a
pseudonym or a number to a child.
Some jurisdictions put restrictions on media reporting and publications in order to protect the interest
and welfare of the child. For example, Part V of the Malaysian Child Act prohibits revealing the name,address, educational institution, or any information that leads to the identification of any child.
Another practical application of the privacy protection of child witnesses is holding closed sessions,which is mentioned in article 28 (f) of the Model Law. Although the latter did not define the closed session,leaving it to the practice of the states, it can be defined as the right of the court to hold the trial in theabsence of certain persons or groups. This measure is applied in several countries, for example, article 202of the Japanese Rules of Criminal Procedure give the judge the right to order certain observers to leave
the courtroom when a witness is believed to be unable to give sufficient testimony in the presence of suchobserver.
Yet this measure shall be restricted by the right of the accused person to access the witnesses data inorder to prepare his/her defence, as the complete restriction on disclosure of information related to theidentity of the victim or witness would be prejudicial to the rights of the defence. This limitation is
mentioned in article 28 (d) of the Model Law which stipulates – in case of assigning a pseudonym or anumber to a child witness – the requirement of revealing the full name and date of birth of the child tothe accused within a reasonable period for the preparation of his or her defence.
3. Measures to Protect the Safety of Child Witnesses
Child witnesses should be provided with protection against any form of intimidation, threats or harm.
According to section XII of the Guidelines on Justice in Matters involving Child Victims and Witnesses of
Crime, “The right to safety”: appropriate conditions should be put in place to ensure the safety of thechild. Such safeguards could include avoiding direct contact between child witnesses and the alleged perpetrators at any point of the justice system.
The Commentary on the Model Law further explains this measure by stating that it aims as much as
possible to reduce the feeling of intimidation that child witnesses may have while appearing before thecourt, in particular when confronting the alleged offender. The model law expressed several examples forconcealing the features or physical description of the child giving testimony or to prevent distress or harmto the child. Such examples include, but are not limited to:i) Giving testimony behind an opaque shield: by the use of screens between the child and theaccused to prevent them from seeing each other, a one-way mirror allowing the accused to see
the child but not vice versa or a movable opaque partition with a video camera transmitting theimage of the child to a television monitor visible to the accused.
ii) Through examination in another place, transmitted simultaneously to the courtroom by meansof closed-circuit television: usually by placing the child witness in a special interview room on
the premises of the court connected to the courtroom by means of closed-circuit, whereby thejudge, prosecutor, defence attorney and defendant can see and hear the child during their
testimony. Further, they can question the child through this closed circuit.
iii) By way of videotaped examination of the child witness prior to the hearing: it is safe to say that
the Model Law and its commentary does not provide a comprehensive explanation for theprocess of videotaped examination, while other jurisdictions, such as the United States, specify
the process and grounds for initiating this measure. According to 18 U.S.C. § 3509 on childvictims’ and child witnesses’ rights, the judge can order that a deposition be taken of the child’s
testimony and that the deposition be recorded and preserved on videotape. If the child is likely
to be unable to testify in the physical presence of the defendant, jury, judge, or public as a resultof fear or foreseeable emotional trauma from testifying in open court, or the conduct by86

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
defendant or defence counsel causes the child to be unable to continue testifying, or suffering
mental or other infirmity.
Moreover, the court may order temporary removal of the accused from the courtroom while a child istestifying. This measure is also a way of avoiding direct contact between child witnesses and the alleged
perpetrator. This measure can be applied if the child refuses to give testimony in the presence of theaccused or if circumstances show that the child may be inhibited from speaking the truth in the presenceof the defendant. The accused is usually allowed to follow the child’s testimony on a monitor from aseparate room.
Many domestic jurisdictions apply the former measure. For instance, article 157-4 of the Japanese Codeof Criminal Procedure allows the court, after hearing the opinions of the public prosecutor and the counsel,
to order the accused to leave the courtroom during the testimony of a witness, if court finds that thewitness is unable to testify sufficiently owing to the pressure of being in the presence of the accused.
4. Protection of Children During Cross-Examination:
In order to lessen the hardship that a child witness may suffer during justice procedures, strict rules
should be imposed upon the cross-examination of the child. Such a measure is a practical application ofparagraph 13 of the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime,
which requires interviews, examinations and other forms of investigation to be conducted in a sensitive,
respectful and thorough manner.
Also, the guidelines provide in paragraph 31 (b) that child witnesses should be protected from being
cross-examined by the alleged perpetrator. However, the cross-examination of the witness is crucial to theaccused person’s ability to challenge the testimony of the witness, especially in common law countries,
where oral evidence is given considerable weight and usually prevails over written evidence.27 So, thismeasure is limited by the right of the defence attorney to cross-examine the witness. And if the accused
is not legally represented, the court shall appoint a legal representative for him/her. In case of a childbeing cross-examined by the defence attorney, judges should exercise close scrutiny and strict supervisionof the cross-examination. Domestic practice in common law countries in particular prohibits any intimidating, harassing or disrespectful questions, bearing in mind that vulnerable witnesses, including children,
shall be addressed in a simple, careful and respectful way.
Although it is mentioned in article 27 of the Model Law that this measure is an option for the common
law countries, it is worth mentioning that cross-examination is applied also in civil law countries, where
the witness can also be subjected to the defence attorney. Some of civil law countries deal with this caseby specifying certain procedures regarding the questioning of the witness. Namely, the Egyptian Criminal
Procedures Code provides in article no. 273 that the Court shall prevent questions being posed to thewitness if irrelevant to the case or unacceptable. The court shall also protect the witness from explicit orallusive statements that might cause confusion or intimidation.

III. RECOMMENDATIONS
Critically speaking, it is obvious that there are many measures that countries need to take and manyloopholes to avoid, in order to build a concrete system for protecting children as witnesses. The groupmembers agreed on recommending the following measures as ideal:
A. By enacting special laws to protect child witnesses, this law may bestow the same protection uponchild victims. The special law shall follow the UN Model Law and best practices as far as they suit
the social and legal status of the state in question. Finally, this law shall stipulate the following
measures:1. Special procedures to avoid hardship that the child witness may suffer during the entire judicial
procedure. These procedures may include providing special waiting areas for them, stipulating
the right of the child to be accompanied by a support person to provide the child with emotional
27 Caslav Pejovic - Civil law and common law: two different paths leading to the same goal – 2001 – p. 833.

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and physical support and ensuring swift judicial procedures.
2. Special procedures to assure the privacy of the child witness. These procedures may include theremoval of the identity of the child from public records and non-disclosure of the identity of thechild.
3. Special procedures to assure the safety of the child witness by separation between the accusedand the child. These procedures may include holding in-camera sessions, videotaped dispositions
and removal of the accused from the courtroom while hearing the child’s testimony.
4. Holding few interviews of the shortest duration possible is strongly recommended. The defence
attorney shall have the right to ask questions to the child through the interview in order to limit
the number of interviews. “Two times with maximum two hours for each is a good practice”.
5. The child witness should be questioned in a way that suits his/her age and mental capacity.
Any intimidating, harassing or disrespectful questions are prohibited. Cross-examination of achild witness must be conducted under the strict supervision of the court in order not to posesuch prohibited questions.
B. Countries shall establish special agencies to support child witnesses during and after the judicial
process.
C. Countries shall initiate training for personnel of its judicial system who have contact with children
as witnesses such as investigators, prosecutors, attorneys and judges. Further, dealing with thosechildren should be limited to trained personnel.
D. Countries shall provide experts to assist in interviewing the child witnesses and to protect the childmentally and psychologically. Those personnel also include intermediaries and interpreters.
E. Separate child friendly rooms should also be provided. Such rooms shall be equipped with limited
technical communication aids and recording facilities. The interview transcript shall be presented
to the court.

IV. CONCLUSION
Based on the presented research, it has become evident that protection of witnesses is crucial in any
efficient investigation and trial process to ensure that their rights are not violated. For insuring such protection, numerous measures should be applied throughout the whole judicial procedure. Such measures
include training personnel, investigation facilities that help in protecting the child emotionally and psychologically, introducing legislative amendments that ensure the protection of the privacy and security of thechild and reducing the hardship of the child witness may face through the judicial process.
Protection of witnesses is a guiding principle not only in international law but also at the domestic
level. The best interests of the child are not confined to court decisions only but also include administrative decisions and policy formulations that affect the child.
Successful performance of pre-trial procedure and trials involving children as witnesses require deep
understanding of the developmental processes and age-related changes in children’s psychological andsocial functioning.
Thus, the importance of the criminal justice actors in the juvenile system is not only being interrogators but eliciting a complete account of the offence and, hence, protecting the child’s psychological well-being. Group members have embraced the relevant measures, in various stages of law enforcement.
Although it is not always possible to avoid the child’s appearance in court as a witness, this groupfocused on the measures that have been adopted in their countries and have made recommendations onother measures which can be adopted to guarantee the protection of children as witnesses.
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