RESOURCE MATERIALSERIES No. 100

UNAFEI
Fuchu, Tokyo, JapanDecember 2016

Keisuke Senta
Director
United Nations
Asia and Far East Institutefor the Prevention of Crime andthe Treatment of Offenders(UNAFEI)
1-26 Harumi-cho, Fuchu, Tokyo 183-0057, Japan
http://www.unafei.or.jp
unafei@i.moj.go.jp

CONTENTS
INTRODUCTORY NOTE



v



3

WORK PRODUCT OF THE 163RD
INTERNATIONAL TRAINING COURSE“CHILDREN AS VICTIMS AND WITNESSES”
Visiting Expert’s Lectures⃝

Global Situation of Violence against Children
by Dr. Sita Sumrit (Thailand)⃝International Standards and Norms Related to the Elimination of Violence against Children
by Dr. Sita Sumrit (Thailand) 15⃝

Violence against Children in Southeast Asia: the Case of Child Sex Tourism inThailand, Lao PDR and Cambodia
by Dr. Sita Sumrit (Thailand) 26Participants’ Papers⃝⃝⃝

Children as Victims and Witnesses under the Egyptian Legal System: Prospects andChallenges
by Mr. Abdelalim Morsy (Egypt)

 42Child Abuse in Malaysia: Legal Measures for the Prevention of Crime and Protectionof the Victim
by Ms. Yusnany Yusop (Malaysia) 52Children as Victims and Witnesses
by Ms. Mariyam Thoifa (Maldives)

 58

Reports of the Course⃝

Special Measures in Dealing with Child Victims and Witnesses in the Criminal Justice
Systemby Group 1
 61⃝

Ideal Measures to Protect Children as Witnesses in Investigation and Trial Phasesby Group 2

 80

⃝

Improving Skills and Practices in Interviewing Child Victims and Witnesses during
Inquiry and Testimony
by Group 3

 89

APPENDIX

 93

iii

INTRODUCTORY NOTE
It is with pride that the United Nations Asia and Far East Institute for the Prevention of Crime andthe Treatment of Offenders (UNAFEI) offers to the international community the Resource Material SeriesNo. 100. This volume contains the work product of the 163rd International Training Course, conductedfrom 18 May to 23 June 2016. The main theme of the 163rd International Training Course was Children
as Victims and Witnesses.
For over 25 years, the Convention on the Rights of the Child has set global standards to ensure theprotection and safety of children by requiring that States Parties, when taking actions that impact
children, do so in the best interests of the child. Although these principles are universally accepted,
violence against children remains a worldwide problem. When children are victimized, it is all too common
that they experience secondary victimization through participation as victims and witnesses in legal
systems that are designed for adults. To fully implement the standards set forth by the Convention and toprotect the best interests of child victims and witnesses, criminal justice practitioners should become
familiar with the global issues and trends of violence against children. Moreover, practitioners should
develop strategies for improved detection and reporting of violence against children, enhance skills inchild-sensitive forensic investigation techniques and identify channels for international cooperation in thefight against child abuse, trafficking and violence of all forms.
UNAFEI, as one of the institutes of the United Nations Crime Prevention and Criminal Justice
Programme Network, held this Course to explore various issues that relate to children as victims andwitnesses. This issue of the Resource Material Series contains papers contributed by one of the visiting
experts, selected individual-presentation papers from among the participants, and the Reports of the
Course. I regret that not all the papers submitted by the participants of the Course could be published.
I would like to pay tribute to the contributions of the government of Japan, particularly the Ministry ofJustice, the Japan International Cooperation Agency, and the Asia Crime Prevention Foundation forproviding indispensable and unwavering support to UNAFEI’s international training programmes. Finally,
I would like to express my heartfelt gratitude to all who so unselfishly assisted in the publication of thisseries.
December 2016

Keisuke Senta
Director of UNAFEIv

RESOURCE MATERIAL SERIES
No. 100

Work Product of the 163rd International Training Course“Children as Victims and Witnesses”

UNAFEIVISITING EXPERT’S LECTURES

Global Situation ofViolence against Children
Dr. Sita Sumrit
Chief of the Women and Children Empowerment Programme
Thailand Institute of Justice

Remember that…
Violence remains the hard reality of children aroundthe globe regardless of economic and social
circumstances, culture, religion or ethnicity
Experiences of violence often overlap and come inmultiple forms
Children can be victims, perpetrators and witnesses toviolence-all at the same time
Realities of VAC are far more confounding andmultidimensional than any attempts to define,categorize or quantify it.

3

RESOURCE MATERIAL SERIES No. 100

Also remember that…

xxxxxxxx

CYCLE OF VIOLENCE
Children who
experience or witness
violence are more
likely to develop
aggressive tendencies
and become
perpetratorsthemselves

10 Facts

about Violence against Children

2

1
1 in 5of all homicide victims arechildren (approx. 95,000)

are physically punished bycaregivers on a regular basis

3

4

1 in 3 students

1 in 3 students

Involved in one or more
physical fights

4

6 in 10 children

experience bullying
on a regular basis

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

10 Facts

about Violence against Children

65
1 in 3adolescents admit to havingbullied others at least once

1 in 4 girls

report being victims of someform of physical violence8

7
1 in 10 girls

have been subjected to forced
sexual intercourse or other forced
sexual acts (approx. 12 million)

1 in 3 adolescent girls
have been victims of violence
committed by their husbands orpartners (approx. 84 million)

10 Facts

about Violence against Children

9
3 in 10 adults

believe that physicalpunishment is necessary

10
Half of all girls

think a husband is sometimes
justified in hitting or beating his wife
(approx. 126 million)

5

RESOURCE MATERIAL SERIES No. 100

Common Formsof Violence against Children

PHYSICAL
violence

SEXUAL
violence

MENTAL
violence

NEGLIGENT
treatment

Common Formsof Violence against Children

Global Situation Violent
ofActsTorture, cruel, inhumanor degrading treatment,
physical bullying andhazingViolence
PHYSICAL against Children
violence

PHYSICAL
violence

6

SEXUAL
violence

MENTAL
violence

PhysicalPunishment
NEGLIGENT
treatment

Any punishment in which
physical force is used
and intended to cause
discomfort, however light

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Common Formsof Violence against Children
Unlawful or
harmful sexual
activity
Any sexual activities
imposed by an adult ona child against which

SEXUAL
violence

the child is entitledto protection bycriminal law
Childprostitution,
sexual slavery,
trafficking

PHYSICAL
violence

SEXUAL
violence

MENTAL
violence

Commercial
sexualexploitation

Audio or visual
images of childsexual abuse

NEGLIGENT
treatment

Common Formsof Violence against Children
Scaring,
threatening,terrorizing
Insults andhumiliation

Psychologicalmaltreatment,
mental abuse,verbal abuse andemotional abuse

MENTAL
violence

Denying
emotional
responsiveness

Exposure todomestic
violence
PHYSICAL
violence

SEXUAL
violence

MENTAL
violence

NEGLIGENT
treatment

7

RESOURCE MATERIAL SERIES No. 100

Common Formsof Violence against Children
Lack ofprovision ofbasic
necessities

NEGLIGENT
treatment

Failure to meetchildren’s physicaland psychologicalneeds and protection
from danger

Lack ofemotional
support andlove
Neglect ofchild’s
physicaland mental
health

Educational
neglect
PHYSICAL
violence

SEXUAL
violence

MENTAL
violence

NEGLIGENT
treatment

Violence against Children

In Various Settings

Home andFamily8School and
Educational
Settings

Places ofWork

Community

Justice
Institutions

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Violence against Children

In Various Settings : Home and Family
C
A
U
S
E
S

Obstructs
Children’s
Growth andDevelopment

Age andSex of theChild
SocioEconomic
Status of the
FamilyCultureand Social
Norms

Physical and PsychologicalViolence

Sexual Violence
NeglectHarmful Traditional
Practices

I
M

CausesMentalDisorderP
A

Further
Victimisation

T

C
S

Violence against Children

In Various Settings : School and Educational Settings
C
A
U
S
E
S

Permanent
Physical
Disability

Individual
Characteristicsof Children
Lack of
Adequate
Resilience
Building
Lack of
Systematic
Response toViolence

Physical Violence
Sexual/Gender-based
Violence

Discrimination
Bullying

I
M

BlocksDevelopmentofSocial Skills

PA

Decreased
Motivation
to Stay in
SchoolT

C
S

9RESOURCE MATERIAL SERIES No. 100

Violence against Children

In Various Settings : Places of WorkCChildren areperceived as
weak

Increased Child
Involvement inIllicit Activities

A
U
S
E
S

UnsafeWorking
Environment
Lack of Child
LabourProtection
Laws

Beating, Whipping,
Shouting, Insulting
Excessive/Forced Labour,
Under-Compensation

Children Heldin Bonded
Servitude/
Slavery

Forced into Drugs Trade/
Sexual Exploitation

I
M
P
A
C
T
S

Violence against Children

In Various Settings : Community
C

Alcohol andOther
Substance
Abuse

A
U
S

Situations ofUnrest andConflict

E
S

Rapid
Urbanisation

Homicide/
Physical Violence
Violence from Intimate
and Dating Relationships

Coerced First Sex
Trafficking of Children

10

Permanent
Physical
Disability/
Death
Decreased
Feelings of
Safety toward
the Community

I
M
P
A
C
T
S

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Violence against Children

In Various Settings : Justice Institutions
C
A
U
S
E
S

Permanent
Physical
Disability/
Death

Low Priority of
Reform from
Government
Inadequate
Staffing andLack of
Oversight
Lack ofSegregation of
Vulnerable
Children

Physical/Sexual/
Psychological Violenceby Staff/Other Detainees

Violence from Certain
Types of Treatment
Lack of/Inadequate
Care from Officials

ChildrenDevelop
Violent andResistant
Behaviour

Difficult toReturn to
the Society

I
M
P
A
C
T
S

“All forms of violence against children, however light, areunacceptable. […] Frequency, severity of harm and intent toharm are not prerequisites for the definitions of violence.
States parties may refer to such factors in intervention
strategies in order to allow proportional responses in thebest interest of the child, but definitions must in noway erode the child’s absolute right to humandignity and physical and psychological integrityby describing some forms of violence as legally
and/or socially acceptable.”

United Nations Committee on the Rights of the Child, General
Comment No.13 on the Convention on the Rights of the Child

11

RESOURCE MATERIAL SERIES No. 100

Social and Economic Costof Violence against Children

Less likely toanticipate
attending college

Dropping
out

Suspension

Lower grades
and IQ testscoresAbsenteeism

Impact on
Educational Performance and Achievement

Social and Economic Costof Violence against Children
Less likely to
own assets

Less likely tobe employed

Reduces a person’s
earning potential
by $5,000 per year

Economic Impact on Individuals
12

In economic terms,

women appear to
be more severely
affected bychildhood abuse
than men

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Social and Economic Costof Violence against Children
In 2008, the estimatedlifetime cost of new cases ofchild abuse in the US is

It is estimated that theeconomic cost of childabuse in East Asia andthe Pacific will exceed

which included
lifetime costs of$160 billion$124 billion$210,012 andper abusevictim who
survived$1.3
millionper abusevictim who died

Based on economic
losses due to death,disease and health risk
behaviours attributable
to child abuse

Economic Impact on Society

Attitudes and Social Norms

that Perpetuate Violence against Children

Wife beating isjustifiable
Corporal punishmentof children
is necessary
No internationallycomparable data on
attitudes towards childsex abuse currently exist
13

RESOURCE MATERIAL SERIES No. 100

Global Efforts

to End Violence against Children

Turkey- Violence against
Children National
Strategy drafted by
the government,
NGOs and children- Training
programme forprofessionals
on intervening inviolence againstchildren cases
Launched the

Zimbabwe

National Girls’
Empowerment
Framework toaddress sexual
violence,
unintended
pregnancies andHIV amongadolescent girls

Launched a social
media campaign“Time to Sound
the Red Siren”

India

challenging social
norms that sanction
violence against girls

The Prosecutor’s Officeestablished child-friendly

legal services for childvictims of sexual abuse
and their families alongwith the revision of thejustice system and thedevelopment ofprotocols to deal withviolence against children
cases

Bolivia

Policy Recommendations
Supporting parents,
caregivers
andPhysical/Sexual/
PsychologicalViolencefamiliesbyStaff/Other Detainees

Implementing laws
and policies that
protect children

Helping children
and adolescents
manage risks andchallenges

Providing andpromoting support
services for children
Carrying out datacollection andresearch

Changing attitudes
and social norms thatencourage violenceand discrimination
14

International Standards and Norms
Related to the Elimination ofViolence against Children
Dr. Sita Sumrit
Chief of the Women and Children Empowerment Programme
Thailand Institute of Justice“Over the last decade, recognition of the pervasive nature and impactof violence against children has grown. Still, the phenomenon remains“Over the last decade, recognition of the pervasive nature and impact ofviolence against children has grown. Still, the phenomenon remains largely

undocumented and underreported. This can be attributed to avariety of reasons, including the fact that some forms of violence againstchildren are socially accepted, tacitly condoned or not perceived as being
abusive. Many victims are too young or too vulnerable to disclose theirexperience or to protect themselves. And all too often when victims dodenounce an abuse, the legal system fails to respond andchild protection services are unavailable.”(UNICEF, 2014)

15

RESOURCE MATERIAL SERIES No. 100

United Nations

Convention on the Rights of the Child (CRC)
The first legally binding
international agreement settingout the civil, political, economic
and social and cultural rights ofevery child, regardless of theirrace, religion or abilities

United Nations

Convention on the Rights of the Child
Protection
from violence,abuse
or neglect

Educationthat enables
children tofulfil theirpotential

Express theiropinions andbe listened to

Life, survival
anddevelopment
Outlining the Rights
of Every Child16

Be raised by,or have a
relationshipwith theirparents

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

United Nations

Convention on the Rights of the Child

Monitored by theCommittee on the
Rights of the Child

United Nations

Convention on the Rights of the Child
Optional Protocol on the Involvement of Children in Armed Conflict
Ensures that no children under 18 years of age are forcibly recruited into armed
forces
Optional Protocol on the Sale of Children, Child Prostitution and Child
Pornography
Prohibits child prostitution, child pornography and the sale of children intoslavery
Optional Protocol on a Communications Procedure
Enables children whose rights have been violated to complain directly to the
UNCRC Committee

3 Optional Protocols
17

RESOURCE MATERIAL SERIES No. 100

United Nations

Convention on the Rights of the Child
Adopted in May 2000
and entered into force
in January 2002
Prohibits:• sale of children• child prostitution• child pornography

Delineates:• Criminal,
civil andDelineates
administrative responsibility forparticipation in the offenses
denied• Jurisdiction and extradition• Prohibits:
Mutual Legal Assistanceof children• salePrevention
prostitution• ••Thechildrights ofchild victims
child
pornography• International assistance andcooperation

Optional Protocol on the Sale of Children,Child Prostitution and Child Pornography

United Nations

Convention on the Rights of the ChildJapan – Punishing Acts related to Child Prostitution and Child Pornography, and for ProtectingChildren (1999 – amended in 2004)
Complies with many of the requirements of the Optional Protocol“It prohibits the prostitution of any child below the age of 18 and defines prostitution broadly toinclude not only intercourse but also “similar” acts and acts “for the purpose of satisfying one’s
sexual curiosity”. The use of child prostitutes is punishable by five years’ imprisonment and thefacilitation of child prostitution by imprisonment for seven years. Production, distribution, sale,possession or transportation of child pornography as a business is punishable by up to three years of
imprisonment. Legal entities whose employees commit such crimes can be fined up to 10 million
yen. The law gives Japanese courts jurisdiction over nationals involved in child prostitution and childprostitution abroad, and recognizes the duty to provide children who have suffered mental or
physical damage, or both, as a result of prostitution or pornography, with protection and recovery
assistance. According to ECPAT, the amendment to the law “has had a significant deterrent effect.”
UNICEF, 2009

Delineates

Prohibits:
sale of children• child prostitution• child pornography18

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

United Nations

Convention on the Rights of the ChildA legally binding
instrument

State parties are
increasingly adopting
National Plans of Action

Relatively
consistentmonitoring efforts

Optional Communications
Procedure allows individuals tofile complaints with theCommittee for violations of
their rights under theconvention if domestic
remedies have been exhausted

Successes
United Nations

Convention on the Rights of the Child
After 26 years of the CRC’s adoption, the numberof children not in school, children sufferingfrom preventable diseases, child labour, andchildren in detention facilities are still high
Delayed progressin legal reform

Resistance to State interventions(formal criminal justice process)to comprehensively protect
children from violence

Challenges
19

RESOURCE MATERIAL SERIES No. 100

United Nations

Convention on the Rights of the Child
Despite CRC Committee’s emphasis that all corporalpunishment should be prohibited, even with the family,<40 countries have reformed their laws to prohibit corporalpunishment in the family rooted in the principle of“reasonable” or “moderate” chastisement of children
within the private sphere
LEGAL CHANGE ≠SOCIAL CHANGE

Challenges

At least 58 million children are not inschool. 168 million children are engaged
in child labour and every year, anestimated 14 million girls around theglobe (38,000 per day) are married before
they reach 18 years of age

United Nations

Convention on the Rights of the Child

Harmonization of of existing national legal provisions onchildren with the provisions of the CRC:
External harmonization and Internal harmonization

Challenges
20

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

United Nations

Convention on the Rights of the Child
Need for robust
legal reform

Improvement ofpublic education
on child rights
Comprehensive
overhaul of policy
framework

Ways Forward
United Nations Model Strategies and Practical Measrureson the Elimination of Violence against Children
in the Field of Crime Prevention and Criminal JusticeFirst international instrument to fully articulate theresponsibility of the police and other criminal justiceinstitutions and agencies to prevent and respond toviolence against children
A new set of international standards and norms adopted by the
UNGA in De 2014 that are grounded in the CRC to not only
improve the effectiveness of the criminal justice system inpreventing and responding to VAC but also to protect against any
violence that may result from their contact with the system (TIJ,
2015)

Overview
21

RESOURCE MATERIAL SERIES No. 100

United Nations Model Strategies and Practical Measrureson the Elimination of Violence against Children
in the Field of Crime Prevention and Criminal Justice

Generalprevention
strategies
Part I

Strategies toStrategies toprevent
and respond
improve the abilityof the criminal justice to violence against
system to respond children within thejustice system
to VACPart II

Part III

Overview
How can the model strategies on VAC be used?

Used by States as
Guidelines

Used as abenchmark forreview and gap
identifications
and priorities
setting

Used to identify area ofwork and collaboration(monitoring and sharing
best practices)

I

II

III

Remind you about specific rights of child at different
stages of the justice process22

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

United Nations Model Strategies and Practical Measrureson the Elimination of Violence against Children
in the Field of Crime Prevention and Criminal JusticeClash with the
The soft law,
context of some non-legallycultures and binding nature,religions, such as
and thechild marriages openness toand corporal interpretations
punishment

No monitoringmechanismand lack of
specially
trainedpersonnel tofacilitate
implementation

Challenges
The ASEAN Regional Plan of Action

on the Elimination of Violence against Children
Adopted in
November 2015

Echoed the commitment of
ASEAN member states toimplement the 2013
Declaration on the
Elimination of Violenceagainst Women and Children

Delineates concrete
actions for
implementation
between 2016-2025

Anticipates the need foraction on emerging risks tochildren’s protection fromviolence due to the adventof new technologies

Overview
23

RESOURCE MATERIAL SERIES No. 100

The International Legal Framework

Status of Key International Conventions andExtraterritorial Legislation

24

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

After all these years and standards and norms…
During these decades of CRC implementation we all grow tounderstand that unless we address the basic underlying
factors, such as legal identity, multi-dimensional childpoverty, family and other enabling (safeguarding)environments, and spaces for child participation – we may
not be able to protect our children.

25

Violence against Children
in Southeast Asia:pthe case of child sex tourism inThailand, Lao PDR and Cambodia
Dr. Sita Sumrit
Chief of the Women and Children Empowerment Programme
Thailand Institute of Justice

Violence against Womenin Southeast Asia

Violence against Children
is prevalent

in all countries

26

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Violence against Womenin Southeast Asia-

A Regional Review and
Synthesis of Findings on
VAC (UNICEF 2014)

Preliminary result on childsex tourism in Thailand,
Cambodia, and Lao PDR(TIJ,Thai Police Force andFight Against Child
Exploitation (FACE), (2016)

Violence against Womenin Southeast Asia
17 – 35% Prevalencein Lower – Middle Income
Countries

Violence against Children ismore prevalent inlower income countries
1 - 13% Prevalencein Upper Middle - High Income
Countries

27

RESOURCE MATERIAL SERIES No. 100

ASEAN Regional Plan of Action (RPA)
on the Elimination of Violence against Children

Institutionalize
policies on

Promote theelimination of violenceagainst children among
ASEAN member states

establishment ofprevention andprotection services

supported by national legal
framework and institutional
mechanisms

ASEAN Regional Plan of Action (RPA)
on the Elimination of Violence against Children
Review andCommunication

Partnership
andCollaboration

Protection,
Responses andSupportServices

8 Plans
UN-Model Strategies
on VACManagement,
Coordination,
Monitoring and
Evaluation

28

PreventionofActionResearchand Data
Collection

Legal
Framework,
Prosecution andJustice System

Capacity
Building

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURESASEAN Regional Plan of Action (RPA)
on the Elimination of Violence against Children

Lack of specific plan or designated agency to tackle sexual
exploitation of children in travel and tourism
Lack of specially trained
personnel to facilitate
implementation

No systematic financial
support and staffing

Newly developed soft law,

not fully implemented
by countries

Difficulties in solving
trans-national issues

Each country has

No monitoringmechanisms

its own “context andreservations”

Key Challenges

Child Sexual Abuse“Child sexual abuse occurs when someone
involves a child in a sexual activity byusing their power over them or taking
advantage of their trust. Child sexual abuse
includes all forms of unwanted sexual
behaviour. This can involve touching or even nocontact at all.”(World Vision 2014)

29

RESOURCE MATERIAL SERIES No. 100

Child Sexual Abuse
Child sexual abuse in travel and tourism
denotes child sexual abuse by

tourists, travelers or foreign
residents who commit child sexual
abuse in the country or countries inwhich they are visiting or living

Child Sexual Abuse
Child sexual abuse ismore prevalent forgirls than boys inmost areas
11 – 22%30

3 – 16.5%(UNICEF 2014)

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Child Sexual Abuse
For low income
countries, child sexual
abuse is slightly moreprevalent for boys
13%

(UNICEF 2014)

16.5%

Needs more study to learn why the prevalence andoutcomes may be different for boys and address
high prevalence of violence against girls in the region

Child Sex Tourism

in Southeast Asia – Overview
In 2014, fastest growth insexual exploitation ofchildren by foreigners

31

RESOURCE MATERIAL SERIES No. 100

Child Sex Tourism

in Southeast Asia – Overview
Traditional
Destinations:Thailand and
The Philippines

Child Sex Tourism

in Southeast Asia – Overview
Emerging Destinations:Cambodia,
Lao PDR, Myanmar
and Vietnam

32

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Child Sex Tourism

in Southeast Asia – Overview
Male from another
Southeast Asian
country or East Asian
countries (Japan,
China, South Korea)

Stateless children,
refugees, indigenous
children, ethnic
minority groups,
children working close
to tourists

OffendersChildren at Risk

Child Sex Tourism

in Southeast Asia – Overview

Emerging Pattern:

Cheap Travel costs
and new technology
allow for expedient
information sharing- A record of 96.6 million
international visitors in 2014
- A rise of webcam-based child sex
tourism due to the advancement of
information technologies

33

RESOURCE MATERIAL SERIES No. 100

Child Sex Tourism

in Southeast Asia – Causes

Offenders’preference forsexual activities
with children
DemandTake advantageof the demands
and seek out
children to create
supplyProviderVictims’ need forfinancial security
contributes in asmall part
SupplyChild Sex Tourism

in Southeast Asia – Impacts and Consequences
Victims traumatized

imposing negative
impact on both
physical andmental health34

Many survivors have

Survivors havesubstance abuse increased suicidal
problems as means thoughts andto cope with theirtendencies
pain163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Child Sex Tourism

in Southeast Asia - Common Points of Access
Establishment-based prostitution: Bars, Karaoke Venues,
Beer Gardens, Massage Parlors that operate as brothels
Direct/facilitated solicitation of vulnerable children
living/working in public places popular among tourists
such as beaches and market places
Access may even be facilitated by those in childcontact roles such as schools and orphanages whotarget children from broken homes

Child SexSex
TourismChild
Tourismin
Asia:Asia
Country
Specific Findings - THAILAND
in Southeast
Southeast- Thailand

Thailand- Infamously known as the“center of child sex tourism”- High risk areas are Chiang
Mai and Pattaya- Travel agencies and hotel
operators are the main
facilitators- Children are bought fromtheir parents and forced into
sex trade

35

RESOURCE MATERIAL SERIES No. 100

Child SexSex
TourismChild
Tourismin
Asia:Asia
Country
Specific Findings - THAILAND
in Southeast
Southeast- Thailand--

State justice systems often inaccessible & inhospitable to child victimsof sexual violence
Corruption in certain factions of the police leads to the tipping off ofowners of brothels and sex clubs in exchange for bribes
State judicial systems often fail to monitor and restrict the movementsof accused exploiters in the pre-trial period
More common to confine the child victims who are often confined for along period of time following their rescue in highly restrictive andinadequate shelters for the duration of the criminal investigation andprosecution
Inconsistent implementation of child-friendly procedures
Prolonged and delayed prosecution of cases – leading to further distrustin the justice system

Flawed Justice Processes for Victims

Child SexSex
TourismChild
Tourismin
Asia:Asia
Country
Specific Findings - CAMBODIA
in Southeast
Southeast- Cambodia- Emerging as a growing target
destination for child sex
tourism- Weak laws against
prostitution and child sex
tourismCambodia36- High risk areas are Siem Reap
and Mondulkiri

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Child Sex Tourism

in Southeast Asia - Cambodia

CambodiaChild Sex Tourism

in Cambodia
Southeast Asia - Cambodia

37

RESOURCE MATERIAL SERIES No. 100

Child Sex Tourism

in Southeast Asia – Lao PDR- Rapid growth in child pornography
and emerging target for child sex
tourism due to the developmentof information technology
infrastructures

Lao PDR- Child prostitution activities
commonly found in beer shops,
where owners pay regular fees to
the government, therefore reducing
incentives for local officials to
inspect or close down beer bars.

Child
TourismChildSexSex
TourisminSoutheast
Asia: Recommendations
in Southeast Asia
- Recommendations

2 Prevention interventions should not only1

focus on child sexual abuseby travelers/tourists in tourist hubs, butalso by locals and foreigners inremote and indigenous areas

Prevention interventions shouldtake an all-inclusive approach

3 Attitudes and practices

must be observed from a holisticand dynamic perspective to fully
address the risks and vulnerabilities
of children to sexual abuse

38

4More attention should be
paid to the sexual abuse ofboys

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Child Sex Tourism

in Southeast Asia - Recommendations

5 Children
should be targeted inprevention interventions and provided

6

7

8 Parents should be targetted in

education to help them recognise signsof abuse and encourage them todisclose information to a trusted adultif they are being abused

Prevention information andmessaging should be conveyed
to children via their favourite
communications platforms

Prevention interventions shouldreach out to both school-goingand disadvantaged children

preventative interventions andprovided with the informationand skills to protect andcommunicate effectively with
their childrenChild Sex Tourism

in Southeast Asia - Recommendations

9
11

Parents and duty bearers must be
updated on children’s tools andcommunication channels

Interventions at community
level should work incooperation with, and insupport of, existing local childprotection mechanisms

10 Prevention interventions

should reach out to bothschool-going anddisadvantaged children

12 Besides providing informationand education, interventions
should also include advocacy
with relevant high-leveljurisdictional entities to amendand enforce criminal justiceresponses to child sex offending

39

RESOURCE MATERIAL SERIES No. 100

Child Sex Tourism

in Southeast Asia - Recommendations

13

Implementation of internationaland regional instruments andstrengthening of cooperation

14 Developing database and evidence

based research to inform policy andenhance understanding of patterns andevolutions of child sex tourism in theregion15 Improving and strengthening legal

frameworks and law enforcement
to combat child sex tourism
through the adoption, revision andimplementation of relevant
legislation

Child Sex Tourism
in Southeast Asia

“It is much easier to place blame firmly on asexually perverse foreign man abusing innocent
children than it is to look at a situation where thesexual abuse of children is endemic and has
become normalized, and indeed, institutionalised”

40

163RD INTERNATIONAL TRAINING COURSE
VISITING EXPERTʼS LECTURES

Child Sex Tourism

Catching the Predators

41

PARTICIPANTS’ PAPERS
CHILDREN AS VICTIMS AND WITNESSESUNDER THE EGYPTIAN LEGAL SYSTEM:PROSPECTS AND CHALLENGES
Abdelalim Morsy＊

I. INTRODUCTION
Egypt was one of the leading countries that signed and ratified the Convention on the Rights of theChild. Meeting its international obligations, Egypt adopted Child law no. 12 of 1996 and its amendment by
law no. 126 of 2008. The said law constituted a grand leap in the protection of children, as it firstly
specified the cases where a child is considered exposed to risk. Procedurally, the law in question introduced both General and Subsidiary committees, as well as General department for the Child Helpline.
Pursuant to article 3,9 of the convention, and following the Guidelines on Justice in Matters involving
Child Victims and Witnesses of Crime issued in 22 July 2005, the Egyptian legislature stipulated in article
116-bis (d) of law 126 of 2008 that “Child victims and witnesses of crime, at all stages of arrest, investigation, trial, and implementation, shall have the right to be heard, and to be treated with dignity andsympathy with full respect for their physical, psychological, and moral safety,1 and shall have the right toprotection, to health, social and legal assistance, to rehabilitation, and integration in the society, in accordance with the United Nations Guidelines on Justice for Child Victims and Witnesses of Crime.” Thus, law
no. 126 of 2008 was the first law that recognizes children as victims and witnesses through drawing ageneral procedural rule to deal with them.
It is clear that the Egyptian legislature did not enact detailed procedures of investigation and trial forchild victims and witnesses of crime, but rather referred to the United Nations Guidelines on Justice forChild Victims and Witnesses of Crime Thus, through this legislative reference, such guidelines have been
incorporated in the Egyptian legislation and became a part of its domestic legal system On other hand, thelegislature was keen on stipulating upon detailed procedures regarding cases where a child is an offender.
Certainly, it would have been preferable if the legislature had adopted the Model Law on Justice in
Matters involving Child Victims and Witnesses of Crime, which was drafted to provide a practical tool forcountries to incorporate in their local legislations. There is a legitimate concern that mere reference to theguidelines will not be sufficient to fully accomplish the aim of its drafting. Because those guidelines are
generic and lack the sufficient details to be considered self-executing. To wit, they introduce general
concepts that states should consider when drafting a statute. Thus, the legislature shall adopt a new law
for protecting child victims and witnesses, based on the model law that was issued by the United Nations
Office on Drugs and Crime.
Nonetheless, in the absence of provisions regulating the inquiry of children as victims and witnesses,
we must refer to the general rules stipulated upon in the Criminal Procedures Law and other laws suchas the Child Law 126 of 2008 and the Anti-Human-Trafficking Law no. 64 of 2010. Both the Child Law andCriminal Procedures Law contain many articles that can be applied in the context of these guidelines, forinstance, article 273 of the Criminal Procedures Law states that the court shall protect the witness fromexplicit or allusive statements that might cause confusion or intimidation. Such provision can be used by
the court in the context of article 116-bis (d) from law 126 of 2008 in order to hold the session in theoffenders’ absence if there are reasonable grounds that the child witness will be exposed to such statements.
Similarly, some modern Egyptian legislation assured the rights of victims of crime including children,
Senior Public Prosecutor, Public Prosecutor’s Office, Supreme State Security Prosecution.

＊

1 Dr. Hesham Abd el Hamid Farag – Child Abuse – 1st edition 2010 – p. 7.

42

163RD INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
for instance: Anti-Human-Trafficking Law no. 64 of 2010 stipulated in its 22nd article upon the victim’s
right for physical and psychological safety in all preliminary inquiries and investigation procedures, also
the right to know the administrative and judicial procedures, besides the right to have proper legal consultation and to be protected, and therefore non-disclosure of identity if required.
This study will attempt to shed light on the cases in which law no. 126 of 2008 considered a child at
risk, then explain the procedures that shall be taken to protect the child who is found to be at risk. Afterwards, it will list and describe the role of agencies responsible for receiving reports of violence againstchildren. In addition, it will explain the special procedures for investigating, prosecuting and adjudicatingcases of children as witness and victims.

II. CASES WHERE A CHILD IS EXPOSED TO DANGER UNDER THE EGYPTIAN LAW
Generally, a child under the Child Law is anyone who “ha[s] not reached the age of eighteen (18)complete calendar years”. The old Child Law no. 12 of 1996 stipulated the cases where a child is exposed
to deviation under article no. 96, whereas the new child law no. 126 of 2008 modified that article to be thecases where a child is exposed to “risk” rather than “deviance”, and introduced new cases where a child isconsidered exposed to risk.
Those conditions embrace the cases where the child’s safety, morals, health, or life is at risk, or if theconditions surrounding the child’s upbringing in the family, or at school, or in care institutions, or others,
places him at risk, or if the child is exposed to neglect, abuse, violence, exploitation, or vagrancy, or if thechild is exposed in the family, school, care institutions, or other to violence, or to acts contrary to public
morals, or pornographic material, or to commercial exploitation of children, or to harassment or sexual exploitation, or to the illegal use of alcohol or narcotic substances affecting the mental state.
It is noticed that the modification of this article complies with the modern international conventions
and declarations; because the former law considered the child who is exposed to “deviance” should betreated as a potential criminal, which was reflected on the procedures enacted to face “deviance”. Whilethe new law considered the child at victim rather than a potential criminal, and therefore introduced newrules to protect him/her. Further, it reveals the alteration of the legislature’s philosophy in dealing withchildren at risk in a way that maximizes legal and social protection of children.2

III. MEASURES FOLLOWED IN CASES WHERE A CHILD IS AT RISK
It is noteworthy that – pursuant to article 96 of the child law – most of the crimes committed againstchildren can fall within the scope of article 96. For instance, a child assaulted by one of the family
members can be considered at risk, and therefore specific procedures are to be initiated to deter suchrisk. The importance of this rule is manifested in the powers given by the Child Law to child agencies
when a child is at risk. Such powers allow them to take steps toward protecting the child, whereas mostof the legislation does not give the agencies equivalent powers.
Critically speaking, limited interference ability of child agencies cannot be cured only by the efforts ofjudges and/or investigative agencies. If someone – who is not one of the child’s family members – raped achild, it would be difficult to presume such a crime as exposure to risk, such presumption can be challenged on the grounds of that the said crime has a temporary nature so that it is not considered literally“exposed to risk”, because such “exposition” should have a continuous nature. Also, this presumption
cannot be applied where a child is a witness of a crime and not victim of it. Therefore, this proceduralloophole shall be firmly confronted with an amendment to the legislation, aiming to permit the childagencies to interfere whenever a child is a victim of a crime or its witness.
A. Substantive Measures
Article 96 of law 126 of 2008 provides that “any person putting a child at risk shall be imprisoned for aperiod not less than six (6) months, and a fine of not less than two thousand (2,000) Egyptian pounds, andnot exceeding five thousand (5,000) Egyptian pounds, or by one of the two penalties.” It is notable that
2 Chancellor Abdallah Moftah, Children’s Rights, 4th ed. 2015, p. 63.

43

RESOURCE MATERIAL SERIES No. 100
such penalties are not absolute, and they may be superseded if the same act formed another crime forwhich the legislature provided a harsher penalty.
Moreover, Article 116-bis of the above-mentioned law stipulates that “The minimum penalty decreed
for any crime shall be doubled if the crime is committed by an adult against a child, or if it is committed
by one of the parents, or by one of the child’s guardians, or by people in charge of supervising or upbringing the child, or by those who have authority over the child, or by a servant to any of the above
mentioned.”
B. Procedural Measures
Art. 99-bis of the law 126 of 2008 provides for temporary and preventive measures to be taken if achild is found at risk, and those measures are:1- Keeping the child with his family and commiting the parents to take the necessary measures toremove the dangerous environment within a specific deadline. The sub-committee shall carryout periodic supervision visits.
2- Keep the child with his family and regulate the social intervention methods of the agencies responsible for providing social, educational, and health services necessary for the child and forassisting his family.
3- Keep the child with his family while taking necessary precautions to prevent any contact
between the child and the persons that could pose a threat to his health, physical, or moral wellbeing.
4- Recommend to the relevant court to place the child temporarily, until the risk is removed, in a
family or association, or social or educational institution or, when necessary, at a health or therapeutic institution, in accordance with the legal procedures.
5- Recommend to the relevant court to take urgent and necessary measures to place the child in a
reception center or rehabilitation center or health care institution or with a reliable family or association or an appropriate social or educational institution for a period of time until the risk isremoved; this is in cases where children are at risk or are neglected by the parents or
guardians.
In cases of imminent danger, the General Department for the Child Helpline at The National Council
for Childhood and Motherhood (NCCM) or the Committee for Childhood Protection, whoever is closer,
shall take all necessary measures and urgent procedures to remove the child from the place where he is
at risk and place him in a safe place, with the assistance of concerned officials, if necessary.

IV. SPECIALIZED AGENCIES IN CHILD PROTECTION
Although the legislature stipulated — in article 98-bis of law 126 of 2008 — “Any person who finds thata child is at risk should provide urgent help that is adequate to shield or remove this child from danger”,
the legislature did not lay down a penalty for those who do not provide help to children, or for those who
did not report that the child was endangered. At least, the right of reporting is reserved for any one who
discovers that a child is at risk, especially if one of the child overseers inter alia “Teacher, doctor...etc.”
As a general rule, the police are the primary competent authority to receive complaints and reports oncrimes, Article 24 of the Egyptian criminal procedures law states that “Judicial officers shall accept
reports and complaints made thereto on crimes and shall promptly send such to the Public Prosecution.
Judicial officers and the heads thereof shall obtain all necessary information and carry out relevant inspections with a view to facilitating the verification of facts received thereby or known thereto by any means”.
Yet, regarding the very distinctive nature of cases involving child as victims, they require a great dealof expertise and qualifications. The legislature introduced few agencies that are competent to receive complaints and reports of children who are exposed to risk.
44

163RD INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
Actually, the legislature introduced through article 97 two types of committees. The first is called “TheGeneral Committee for Childhood Protection”, and the second is called “The Sub-committees for Childhood
Protection”. Both types of committees enjoy a wide range of competences and powers over protecting
children at risk. Such committees embrace social, psychological, medical, educational and security
members within their composition. Moreover, the legislature also regulated the General Department forChild Helpline as a subsidiary entity to the NCCM. This department informally existed under the old law
12 of 1996. The new law only regulated its formulation and specified its jurisdiction and powers.
A. The General Committee for Childhood Protection
1. Formation
According to law 126 of 2008, a general committee for childhood protection shall be formed in every
governorate; it shall be formed by a decision issued by the competent governor. The by-law 2075 of 2010
specified the formation of the committee. It shall be headed by the competent governor, and composed of
the chief officer of the governorate, the head of the local social solidarity authority, the head of the local
educational authority, the head of the local health authority, a representative of the concerned civil society
organizations and whoever the governor finds suitable to be a member in the committee.
The legislature was keen on including different specialties in the formation of the committee to enjoy
the maximum expertise and capabilities in dealing with situations where a child is at risk. However, I
argue that it could have been more effective if the formation of the general committees was altered, especially regarding its head and the chief officer of the governorate. Through substituting them with full-time
personnel, who could devote more energy and certainly more availability. A good alternative to thegovernor could be one of the personnel of the National Council for Childhood and Motherhood, who would
enjoy sufficient experience to direct and draw the policies of the committee.
2. Function
The General Committee for Childhood Protection shall — pursuant to article 97 from the law 126 of2008 — formulate the general policy for childhood protection in the Governorate, and shall follow up the
implementation of this policy. Besides, if any sub-committee fails to remove the cause of a complaint
submitted to it, it shall raise a report concerning the incident and the exact measures undertaken to theGeneral Committee for Childhood Protection to take necessary legal measures. Finally, every generalcommittee shall establish a sub-committee in every police district within the governorate.
B. The Sub-committees for Childhood Protection
1. Formation
Contrary to the general committees, the law did not require certain personnel to be included in theformation of the sub-committees. Nonetheless, the law 126 of 2008 requires it in article 97/3 to include
security, social, psychological, medical, and educational representatives. The number of its members shallbe at least five (5) and not exceeding seven (7), including the chairman of the committee. The sub-committee may include among its members one or more representatives from the organizations of the civilsociety concerned with childhood affairs.
2. Function
The sub-committees have an executive nature; they are the competent authorities for taking any of theaforementioned measures stipulated in article 99-bis of law 126 of 2008. Art. 99 of the same law laid down
the duty of those committees to receive complaints about cases of children at risk, and their duties to investigate such complaints to determine the gravity of the risk, if it appears to be so, they can summon thechild, or his parents, his guardian, or any person in charge of the child so as to listen to what they know
regarding the facts of the complaint. The sub-committee shall examine the complaint and endeavour toremove all its causes.
Also, the committees for childhood protection — whether general committees or sub-committees —shall periodically monitor the procedures and results of implementing the measures undertaken concerning the child. The Committees for Childhood Protection shall recommend to the authorities, whennecessary, to review those measures and replace or suspend them to keep the child with his family as
much as possible, except as a measure of last resort and for the shortest appropriate period of time; insuch a case, the child shall be returned to his family as soon as possible.
45

RESOURCE MATERIAL SERIES No. 100
C. The General Department for Child Helpline
1. Formation
The Department was founded on June 29, 2005 as a subsidiary to the National Council for Childhoodand Motherhood; it was called the child helpline administration. It is considered one of the most successful
forms of cooperation between the council and the civil society institutions interested in childhood protection. Offices of this department were provided at numerous civil society associations all over Egypt, andthe personnel were paid by the council. Furthermore, a free hotline 16000 was assigned to this department and a wide campaign of advertisement commenced to raise the awareness about that line.
The department carried out the task of receiving reports and intervening in cases of imminent risk.
This department achieved significant success in the course of providing rapid intervention in rescuingchildren who are exposed to imminent risk, besides providing legal consultation to those who ask for it,
either adults or children. Namely, the reports aided in preparing a map illustrating the pools of homelesschildren in four governorates: Cairo, Giza, Qalubya, Alexandria. Moreover, it helped in preparing a
database comprising the types of risks children may be exposed to.3
The legislature intervened to regulate the General Department for Child Helpline in article 97/5 fromthe law 126 of 2008. The articles stated that the department should include among its members representatives for the Ministries of Justice, Interior, Social Solidarity and Local Development selected by theconcerned ministers, in addition to representatives from civil society organizations selected by the NCCM
Secretary General, as well as any other party as deemed necessary by the Secretary General.
2. Function
The General Department for Child Helpline executes numerous tasks: firstly, it is mandated to receive
children’s and adults’ complaints, and handle them efficiently to protect children from all forms of violence,risks, or neglect. Moreover, it is empowered to inspect any complaint received, follow up the investigation
results, and forward reports concerning the findings to the relevant authorities.
Many jurists suggest that the department personnel should hold the powers of a judicial officer,4 bywhich they can inspect crimes committed against children as well as their perpetrators, because without
those powers, the department would be a mere agency that receives reports and gathers information
without real ability to protect children at risk. It would be then more practical to directly call the police incases of imminent risk.5
Also, some crimes against children are not expected to be reported, such as female circumcision. Due
to some misunderstood religious and deeply ingrained social beliefs, in some parts of the Egyptian countryside the crime of female circumcision usually starts and ends without anyone ever knowing. No
reporting for this crime is expected — except in very few cases — because it is regarded to be a right ofthe parents in raising their female child. Such crime is regarded to be one of the most common crimes
against children in Egypt, which needs to be confronted with firm legal procedures.

V. RIGHTS OF CHILDREN AS VICTIMS AND WITNESSES IN THE
INVESTIGATION PHASE
Under the Egyptian Criminal Procedures Law, prior to investigation there are many proceduresreferred to as “preliminary inquiries” which mainly aim at discovering violations of the criminal laws,
gathering evidence of such violations and identifying their perpetrators, unless and until a judicial investigation has been initiated6, followed by the preliminary judicial investigation which is initiated by the publicprosecution or the investigative Judge, then the final judicial investigation which is conducted by the court.
Under this topic we will deal with the first two stages of inquiries and the preliminary judicial investiga3 Ibid. at p. 70.

4 Prof. Akmal Youssef El Sae’ed – The Criminal Protection for Children Against Sexual Exploitation – Dar el Gam’a el

Gedida – 2014 – p. 483.

5 Moftah, ibid. at p. 71.

6 Mohamed Mansour – The Egyptian Procedural Law after the revolution – research paper presented to “joint program on

countering terrorism – held at justice academy of Turkey – 2013 – p. 10.

46

163RD INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
tion, leaving the final stage to the next topic addressing adjudication involving children as victims andwitnesses.
A. The Rights of the Child in the Preliminary Inquiry Phase
Article 5 of the criminal procedural law provides that if the victim of a crime is younger than fifteen
years of age, the complaint shall be made by the guardian thereof. If the criminal offence is deemed acrime against assets, a complaint shall be accepted from the guardian or the caretaker.
The child has the right to be protected by the police by stopping the assault or ensuring that it will
not be repeated. Additionally, police must protect the child if he is a witness of a crime. This could be ofparamount importance when the only evidence is the testimony of a child, as there may be a risk that theoffender would intimidate or threaten the child or his family to refrain from or alter his testimony.
Also, the police should give children appropriate treatment, according to their mental and psychological status at the time of the incident, and they should address the suitable questions that do not hurt the
feelings of the children, and they should not be questioned for too long.7
These precautions are not limited to police only, but also apply to any agency involved in the preliminary inquiry phase. As mentioned before, the sub-committees and the General Department for Child
Helpline may have significant roles in this phase. Especially in cases where the child is in imminent risk,
they have the availability to cooperate with the police in removing the child from the risky place. Finally,
the police may recourse to these agents’ aid when questioning a child, as article 97/4 of law 126 of 2008
provides that the sub-committees for childhood protection shall take the necessary preventive and therapeutic interventions for all cases where a child is found at risk and shall follow up on measures taken.
B. The Rights of the Child in the Preliminary Investigation Phase
The Criminal Procedures Law sets a rule of paramount importance regarding the victimized children
in article no. 365, that is, “Where necessary in any felony or misdemeanor committed against a minor thathas not attained the age of fifteen years, an order may be issued to deliver him to a trustworthy person
who undertakes to observe and care for him, or to a charitable institution accredited by the Ministry ofSocial Affairs, until the case is decided. Such order shall be issued by the investigating judge either on his
own motion or upon a request from the Public Prosecution, or shall be issued by the magistrate judge
upon a request from the Public Prosecution, or the court hearing the case”.
Article 365 was enacted in 1952 and modified in 1962. Although it was considered a good step towards
protecting victimized children at that time, it is now not completely in compliance with modern conventions and declarations on the rights of children. That’s because the protective measures stipulated don’t
cover those who range between 15 and 18 years old. Further, the law did not extend the protection to thestage after the case is decided.
Again, the Egyptian legislature did not assign special rules for questioning children as witnesses in theprocess of the preliminary investigation. The only rule laid by the legislature in this regard is mentioned
in article 283/2 which stated that “witnesses under the age of fourteen may testify without taking an oath,
as a matter of inference”. Therefore, the testimony of a child is considered inferior to that of an adultpursuant to this article, but that does not refrain the investigation authority and the court from considering it as an evidence.
However, the child prosecution which is specialized mainly in investigating and prosecuting juvenile
crimes, has also some jurisdiction in cases where a child is found exposed to risk. As it shall — upon subcommittee request — warn in writing, the child’s guardian to remove the causes placing the child at risk,
if the child is still found in one of the situations of being at risk, the child prosecution shall take one of themeasures of delivery to parents, guardians, or custodians, placement in one of the social care institutions,or placement in one of the specialized hospitals.
In addition, the periodical instructions8 of the Egyptian General Public attorney no. 19 of 2008 related
7 El Sae’ed – Ibid – p. 494.

47

RESOURCE MATERIAL SERIES No. 100
to the application of law 126 of 2008, laid down several guidelines for prosecutors to regard while investigating cases involving children at risk. That includes coordination and cooperation with Child Committees
and the General Department for Child Helpline, and extensively studying and rapidly filing cases against
offenders proved responsible for placing children at risk as well as swiftly issuing decisions that facilitate
the execution of the urgent procedures decided by the committees and the General Department for Child
Helpline. Finally, children who are presented to testify should be treated with sympathy, pursuant toarticle 116-bis (d) of the law 126 of 2008.

VI. RIGHTS OF CHILDREN AS VICTIMS AND WITNESSES IN THE TRIAL PHASE
A. The Role of the Prosecution at Trial
The public prosecution has a substantive role through trial procedures; it shall prepare pleadings that
include detailed information on the facts and evidence of the crime committed against children, and thatshed light upon how heinous it is, requiring therefore to inflict the maximum penalty upon the offender.
Additionally, the public prosecution — pursuant to article 252 of the criminal procedures law — has
the right to ask the court to appoint a guardian ad litem for the victimized child, to present the civil rights
claim to the court on behalf of such person without being charged with additional judicial costs.
The prosecution also has the right to demand holding in camera court sessions, in order to protect
dignity and feelings of the victimized child, this right is derived from article 286 of the criminal procedures
law which stipulates upon “The court may, in consideration of public order and observation of morals,
order the case to be heard in a secret hearing, wholly or partially, or to prevent specific groups from
attending the hearing”. Also, the public prosecution member may object to any question directed from theoffenders and/or their advocates if it is likely to hurt the feelings of the child, or includes implied threatening.
The prosecution also reviews and challenges the court ruling if necessary. The public prosecution also
shall respond to the international judicial cooperation requests, especially those pertaining to crimes thathave transnational nature, such as human trafficking cases.
B. The Role of the Courts
1. Procedural RoleThe legislature stipulated in a very limited manner special measures taken by the court while adjudicating cases where children are victims or witnesses, which includes not requiring an oath of witnesses
under the age of fourteen; however, the court has wide range of powers pursuant to Article 116-bis (d) of
the law 126 of 2008.
For instance, as said in subtitle (A), the court may by its discretionary power or upon the request of
the parties of the trial – including the prosecution – order holding in camera court sessions, wholly or
partially. This rule can be applied by the court if it finds that holding public hearings may hurt the feelingsof the child.
Yet it is deeply debatable whether this power includes the right of the court to order to remove theaccused person from the courtroom as a preventative measure, if the accused’s presence will reasonably
affect the child witness, but the prevailing opinion is that right of the court to remove the accused fromthe courtroom is limited to when he/she causes actual disturbances necessitating his removal, pursuant toarticle 270 of the criminal procedures law which states that “The accused person … may not be removed
from the courtroom while the case is being heard, unless he causes disturbances necessitating hisremoval”.
In the course of calling the child for testimony, the court – pursuant to article 273/3 of the criminal
procedures law – may refrain from hearing the child if it finds that the incident is sufficiently evidenced.
8 Some sort of periodical publications issued by the General Public Prosecutor, they constitute a set of rules to be followedby the prosecutors usually regarding implementing new or modified law. Disobedience of theses instructions may expose
the infringer to disciplinary penalty.

48

163RD INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
Otherwise, it can rely on its authority to order any competent child agency to appoint a social expert toattend the testimony of the child; this power is derived from article 292 of the criminal procedures law
which states that “The Court may, either on its own motion or upon a request from the litigants, appoint
one or more expert to the case.” Yet without the court’s order, the competent sub-committee forChildhood Protection, may appoint one of its members to attend the court session by virtue of article 974
which states that “The sub-committees for childhood protection shall monitor all cases of children at risk
and take the necessary preventive and therapeutic interventions for all these cases and shall follow up
measures taken”. However, this member can never interfere in the trial procedures without the order ofthe court. Also, any civil action brought by these committees will be rejected, because — under Egyptian
legal system — civil action is only accepted from the directly injured party from the crime.
All in all, the third conference of the Egyptian committee of criminal law issued recommendations toprotect victimized children, for instance, prohibiting contact of the child with the offender except innecessary cases, non-disclosure of the data of the child witness, restricting media coverage and preserving
the secrecy of the hearings9. The Egyptian legislature took some of these recommendations into consideration when drafting the Anti-Human-Trafficking Law.
2. Objective RoleContrary to the procedural rules, the Egyptian legislature specified numerous offences where thepenalty is harsher on those who commit crimes against children as follows:(i) 		Article 242 bis of the Penal Law determined a penalty of imprisonment for a minimum periodof three months and a maximum period of two years, or fine no less than one thousand and no
more than five thousand Egyptian pounds, for whoever causes wounds through committing
female circumcision.
(ii) 		Article 268 of the Penal Law, increases the penalty for assaulting a person sexually by force orthreat, or attempts such assault if the victim of the said crime has not attained sixteen years ofage, or the perpetrator of the crime is one of the victim’s relatives, or those in charge ofrearing, observing, or having power over him/her, or is a paid servant to him/her or to theaforementioned persons, the period of the penalty may be extended to the ceiling determined
for temporary imprisonment, “15 years”. If these two conditions combine together, the rulingshall be a sentence to permanent imprisonment, “25 years”.
(iii) 	Article 269 of the Penal Law stipulates that the penalty of indecently assaulting a lad or a lass
not yet attaining eighteen complete years of age, without force or threat shall be punished withdetention. If he or she has not attained seven complete years of age, or the person committing
the crime is one of the victim’s relatives, or those in charge of rearing, observing, or having
power over him/her, or is a paid servant to him/her or to the aforementioned persons, thepenalty shall be temporary rigorous imprisonment.
(iv) 	The crimes of kidnapping, hiding a newborn child, or replacing him/her with another, or
ascribes him/her falsely to other than his/her mother or exposing them to danger by leaving
them in unoccupied places that are mentioned in articles 283-289 of the aforementioned law,
kidnapping a female and raping her is punished by death.
(v) 		Article 292 of the Egyptian Penal Law stipulates punishment of rigorous imprisonment for aterm of not less than five years and a fine of not less than fifty thousand pounds and not morethan two hundred thousand pounds for one involved in the purchase or sale of children or offer
for sale, as well as of delivery or transfer as slaves, or sexual or commercial exploitation, or use
in forced labour, or in other illicit purposes, even if the crime took place abroad.
Finally, the custodian of the child can amicably settle cases pertinent to some misdemeanours pursuant
to article 18 bis of the criminal procedures law, such settlement is available in any stage of litigation, evenafter the final sentence.
9 El Sae’ed – Ibid – p. 646.

49

RESOURCE MATERIAL SERIES No. 100

VII. CONCLUSION
This paper touched upon the key issues that lack legislative regulation. Although the Child Law
contains many articles that regulate – in some of its aspects – the agencies responsible for taking action
towards a child at risk, the said law lacks several rules and procedures that should be stipulated especiallyin comparison with the model law. Those rules encompass the duty of maintaining the confidentiality of all
information on child victims and witnesses that relevant agencies may have acquired in the performanceof their duty, stipulating a certain level of training required for personnel and investigators who deal withchildren, and also the appointment of a supporting person who accompanies the child through all thestages of investigation and trial. A mere pointing to the Guidelines on Justice in Matters involving Child
Victims and Witnesses of Crime in one article of the Child Law will not achieve most of the goals intended
by the child protection policy.
It is highly advisable that the legislature interferes by drafting a law that regulates these procedures,
especially for the very distinctive manner of the witness and victim thereof, which requires maximum
legal protection possible without prejudice to the right of the offender. That protection cannot be left tothe efforts of concerned agencies to construe the general rules in light of powers conferred by the Child
Law. Whatever extent these efforts can reach, it cannot cover all the situations that invoke protection forthe child. Also procedures that involve child protection should not be left to the discretionary power of thecourts whether to apply protection or not. For instance, the Egyptian criminal legal system does notrecognize Alternatives to Live In-Court Testimony, such as Videotaped deposition10. This way of
testimony is contrary to the mandatory rules of the criminal procedures law and can deem the whole
testimony null.
Finally, it is highly crucial to confer upon the personnel of the sub-committees and hotline department
the judicial officer capacities. In order to have real authorities in tracking and spotting crimes without
waiting for the reports, namely, the crimes which include social and familial character like female circumcision.

REFERENCES
18 U.S. Code § 3509 - Child victims’ and child witnesses’ rights.
Egyptian By-law 2075 of 2010
Chancellor Abdallah Moftah – Children Rights – 4th edition 2015.
Prof. Akmal Youssef El Sae’ed – The Criminal Protection for Children against Sexual Exploitation – Dar el
Gam’a el Gedida – 2014.
Egyptian Anti-Human Trafficking law
Egyptian Child Law
Egyptian Criminal Procedures Law
Egyptian Penal Law
Dr. Hesham Abd el Hamid Farag – Child Abuse – 1st edition 2010.
Mohamed Mansour - The Egyptian Procedural Law after the revolution – research paper presented to“joint program on countering terrorism – held at justice academy of Turkey– 2013.
National Council for Childhood and Motherhood NCCM website<http://www.giza.gov.eg/Boards/Council%20for%20Motherhood/default.aspx>.
10 Which are stipulated upon in comparative laws, see U.S. Code 18 USC § 3509- Child victims’ and child witnesses’ rights.

50

163RD INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
Periodical instructions of the Egyptian General Public attorney no. 19 of 2008 related to the application oflaw 126 of 2008.
United Nations Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime.
United Nations Justice in Matters involving Child Victims and Witnesses of Crime - Model Law andRelated Commentary.

51

CHILD ABUSE IN MALAYSIA: LEGAL MEASURES FOR THE
PREVENTION OF CRIME AND PROTECTION OF THE VICTIM
Yusnany Yusop＊

I. ABSTRACT
Child abuse is not a new phenomenon. It happens all over the world. From the statistics, child abuse is
not something that we should take lightly. Even though many steps have been taken by the government,
cases of child abuse keep increasing. Hence, it should be taken seriously, and we must provide the way toprotect the victim and to prevent it from happening. In Malaysia, many laws have been passed with theobjective of protecting the welfare of the child. At the same time, the law also tries to prevent the crimefrom being committed. This paper will discuss the Malaysian Child Act 2001 (Act 611) which came into
force on 1 August 2002. The Act attempts to promote the rights of the child and at the same time aims to
implement the United Nations Convention on the Rights of the Child (UNCRC). However, the discussions
will only focus on the provisions relating to the welfare of the child abuse victim and the rights and responsibilities of the public to prevent child abuse. As the victim of the abuse may later on be required togive evidence in a court of law, being a child, it is expected that a normal criminal justice proceduresshould not be applied to them. There should be a special way of obtaining and allowing them to give
evidence. In 2007, the Evidence of Child Witness Act was passed with the aims to make provisions relating
to giving of evidence by child witnesses. It is the aim of this paper to see how such laws are effective inprotecting the child abuse victim.

II. INTRODUCTION
Child abuse and violence are of global concern and have long been unresolved issues. Even thoughmany steps have been taken by the government to prevent them, statistics show that child abuse cases
keep increasing. Children experience violence in spaces most familiar to them: in homes, schools and in thecommunities they live in. They also suffer abuse and exploitation in orphanages, in places of detention andon streets. The willful maltreatment of children has been recognized internationally as a matter of greatsociological impact with legal significance and medical concern. Law is one of the mechanisms to ensurethat all the policy and planning of the government run smoothly. For example, it is a policy of the government of Malaysia that no child is abused or neglected. Therefore, the government of Malaysia has passed
legislation to protect the child from being abused and also to ensure the perpetrator is punished. The
Domestic Violence Act 1994 and the Child Act 2001 are the main laws which govern cases of child abuse.
The other laws which dealt with the case of child abuse are the Penal Code and the Evidence of Child
Witness Act 2007.

III. DEFINITION OF CHILD
Age is an important factor in determining whether a person is a child or not. It is important todetermine whether a person is considered as a child because if he is a child, specific provisions of law
which provides for the protection of a child will be applicable. Therefore, the child will be protected frombeing exploited. The Child Act was which passed in 2001 (Act 611) to consolidate three major statutes
governing children and young persons, i.e., the Juvenile Court Act 1947, Child Protection Act and Womenand Girls Protection Act 1973, defines a child as all persons aged below 18 years. The definition is also inline with Article 1 of the Convention on the Rights of the Child 1991, i.e., a child is defined as someone
who is under the age of 18.

Investigation Officer, Crime Investigation Department, Royal Malaysia Police, Malaysia.

＊

52

163RD INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS

IV. DEFINITION OF CHILD ABUSE
It is difficult to define child abuse with precision as there can be no universal meaning based on abroadly acceptable value. This is because the form of neglect may not be an abuse of one community but
it may be considered as a form of abuse in another society. The World Health Organization defines childabuse as all forms of abuse whether physical, emotional, sexual, neglect, abuse, maltreatment or exploitation which may cause injury or damage to the health, life, development or dignity of the child done bythose who have the responsibility, trust or authority over the child. Sometimes we need to differentiate
between abuse and the rights of the parent to discipline their child. The parent has the right to discipline
their child as long as it is done in a reasonable manner and moderate in degree and otherwise does notconstitute cruelty.

V. FORMS OF CHILD ABUSEChild abuse can be divided into four kinds—emotional, physical, sexual and neglect. It usually consistsof a pattern of behaviour which may include more than one kind of abuse. It may take the form of failure
to meet a child’s need for affection, attention and stimulation (even though good physical care may beprovided) or that may be constant verbal abuse, rejection, threat of violence or attempts to harm the child.
It may also refer to the negative behaviour of the parents or guardians towards children under theircustody. Physical abuse occurs when a child is injured by a parent or guardian. An act or omission would
amount to “physical abuse” if they occur intentionally or with intent to injure the child. The examples ofphysical abuse are kicking, punching, shaking, strangling, beating until he passes out and breaking bones.
While injuries which are always associated with physical abuse are bruises, scratches, brain damage,
bleeding and some cases involving death, sexual abuse is defined as involvement of children in sexual activities where they do not fully understand what is being done or the impact of the consent given, or theact is something contrary to role of the family. The example of sexual abuse included the act of having
sex with a child, rape, incest, exposing genitals, sexual sadism, child prostitution and child pornography.
Acts of molestation like holding, kissing, rubbing private parts of children and unnatural sexual behaviour
are also sexual abuses. Neglect can be defined as the persistent and serious failure to provide basic
physical, emotional and developmental needs in terms of health, education, emotional development,
nutrition, shelter and a safe life for children. (Malaysia’s National Policy). Neglect occurs when caretakers
fail to provide children with essential food, clothing, shelter, medical care, education, nurturance, or love.

VI. FACTORS THAT CONTRIBUTE TO CHILD ABUSE
There is generally no single factor that results in abuse. There is also no known cause of child abuse.
Nor is there any single description that captures all families in which children are victims of abuse.
However, research has proved that there are a number of risk factors or attributes commonly associatedwith maltreatment. The risk factors can be grouped into four domains, i.e. parent or caregiver factors,
family factors, child factors and environmental factors.

VII. LEGAL MEASURES TO PREVENT AND PROTECT THE VICTIM
It is undoubted that law is the important component to prevent abuse and neglect. Therefore, mostcountries have passed laws for the protection of the children. For example, the Children Act 2001 in
Ireland, the Protection of Children and Juveniles Ordinance in Hong Kong, and the Children and Young
Persons Act 2001 in Singapore. As for Malaysia, a number of laws are providing the protection for theabused child.
A. The Child Act 2001
The Child Act 2001 brought major changes in the law relating to the protection of the child in
Malaysia where the rights of the child were recognized openly by the government. The preamble of the
Act recognized children as an important component of the society and since the children are not mature,protection and special care should be given to them. The Child Act provides provisions to protect abusedchildren or children in need of care and protection as follows:

53

RESOURCE MATERIAL SERIES No. 100
1. Restrictions on Media Reporting and Publications
In order to protect the interest and welfare of the child, any mass media report regarding any child inrespect of whom custody is taken under Part V of the Child Act shall not reveal the name, address or educational institution, or include any particulars calculated to lead to the identification of any child soconcerned whether as being the person against or in respect of whom action is taken or as being awitness to the action. The picture of any child concerned or any other person, place or thing which maylead to the identification of any child concerned also shall not be published in any newspaper or magazine
or transmitted through any electronic medium (section 15(1) and (2) of the Child Act 2001).
2. Taking a Child into Temporary Custody
It is the duty of a protector/police officer to take a child into temporary custody and put him or her ina safe house. Here, protector means the Director General, the Deputy Director General, Divisional Directorof Social Welfare, Department of Social Welfare, the State Director of Social Welfare of each state, anysocial Welfare Officer appointed under the Child Act 2001. If the protector or police officer is satisfied onreasonable grounds that a child is in need of care and protection, they may take the child into temporary
custody (section 18 of the Child Act 2001).
3. Duty to Inform the Relevant Authority of Abuse
The duty to inform is imposed on the medical officer or medical practitioner who believes on reasonable grounds that a child he is examining or treating is physically or emotionally injured as a result of
being ill-treated, neglected, abandoned or exposed, or has been sexually abused (section 27(a) of the ChildAct 2001). Failure to report is an offence and shall on conviction be liable for a fine not exceeding five
thousand ringgit or imprisonment for a term not exceeding two years or both (sections 27(b) of the ChildAct 2001). The duty to report is also extended to the family members of the child and the child careprovider (sections 28 and 29 of the Child Act 2001). This is different as compared to the Child Protection
Act 1991 which only imposed the duty on medical practitioners. Looking to these two additional categories, it can be said that there are two categories that also have the possibility to know of the abuse cases
earlier than the medical practitioner. Section 2 of the Act defines “member of the family” as including aparent or a guardian, or a member of the extended family, who is a household member, while household
member is defined as a person who ordinarily resides in the same household as a child. While child careprovider is defined as a person who looks after one or more children for valuable consideration for any
period of time, the duty to report arises according to section 28(1) and section 29(1) when the respective
parties have the reasonable grounds to believe that a child is physically or emotionally injured as a resultof being ill-treated, neglected, abandoned or exposed, or has been sexually abused. Here, the standard used
is whether a reasonable man based on reasonable grounds believes that the child is being abused. Since
the law makes it compulsory for the family member and child care provider to report abuse, failure tocomply with the duty is an offence under section 28 of the Act and if convicted is to be released on bondon conditions to be determined by the Court. Failure to comply with the bond will render the person liable
to a fine not exceeding RM5,000.00 or to imprisonment for a term not exceeding two years or both. It issuggested that the duty to report should be extended to neighbours as well as teachers because they are
the people who always deal with the child and may have seen the signs of abuse.
B. The Child Witness Act 2007
As the victim of the abuse may later on be required to give evidence in the court of law, being a child,
it is expected that a normal proceeding cannot be applied to them. There should be a special way ofobtaining and allowing them to give evidence. According to section 118 of the Evidence Act 1950 if thechild can understand the nature of the question put to him and can give a rational answer to that question,
he is competent to give evidence. A child being a competent witness will be treated as an adult witness.
He is expected to retell the story, live, on the day of the trial in front of the judge, court officials, defence
counsel and the alleged offender. This is a strange environment for the child, and it can rapidly confuse
him. The young child may also find it frightening to see the accused in court. The child will also be
subjected to cross-examination by the defence counsel which will not only traumatize the child but also
make him less likely to tell the truth. In Malaysia, the Evidence of the Child Witness Act was passed in2007 with the objective of reducing the trauma experienced by child witnesses in court appearances. The
Act provides for child witnesses to give evidence in the courtroom but shielded by a screen between thewitness and the accused person or a child charged with the offence or by the live link or by video
recording.
54

163RD INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
1. Video Recording
In this case, the child witness should be interviewed by a qualified and experienced person and avideotape of the interview should be used as evidence at trial. Video recording means a video recording of
the oral evidence of the child witness in the form of an interview conducted by a police officer or otherofficer and the child witness, expressed upon any format, made with a view to its admission as evidence of
examination in chief of the child witness. The major advantages of the use of the recorded evidence areless trauma for the child, the freshest possible evidence is obtained, pleas of guilty are encouraged and theaccused who asserts his/her innocence is in a better position to do so when he/she knows all the detailsof the child’s evidence before the trial. However, the video recorded evidence may be attacked as
improper by the defence counsel since it may involve leading questions asked in order to conduct aneffective interview. This may discredit the reliability of the statement given by the child witness.
(Appendix)
2. Live Links or Closed-Circuit Television
Live link means a live TV link or other arrangement whereby the child while absent from thecourtroom is able to see or hear or be seen and heard by the persons in the courtroom. The section
provides for the evidence to be given in a normal way except that the witness will not be in the
courtroom. It is mainly introduced to minimize the stressful effect of a court appearance upon childwitnesses in alleged child abuse cases. Examination of the child witness may be done through the court oran interpreter or an intermediary authorized by the court. The intermediary communicates the questions
put to the child witness and communicates the child’s answer to the person putting the questions. He also
explains the questions and answers to be understood by the child but shall not prompt or influence thechild or disrupt the questioning. If the accused person is unrepresented, he is not entitled to question achild witness directly but he may do so through an intermediary.
3. Screening
A child witness, while giving evidence in Court, may be prevented by means of a screen or other arrangement from seeing and being seen by the accused or a child charged with an offence. However, thescreen or other arrangement shall not prevent the child witness from being able to see, and to be seen by,
the Court, the prosecutor, the advocate for the accused or the child charged with any offence and the interpreter.
4. Accompanying Adult
The court may allow a child witness to be accompanied by an adult while giving evidence, presumably
to give physical comfort and assurance to the child to lessen the trauma. Section 9 of the Child Witness
Act provides that the court may allow a child witness to be accompanied by one or more adult but theadult accompanying the child shall not prompt the child witness to answer the question or influence theanswer or disrupt the questioning of the child witness.
5. Formal Court Attire
Formal court attire may be dispensed with. This is provided in section 10 of the Evidence of Child
Witness Act 2007. This can be seen as one of the ways to make the courtroom appear friendly and normal
in cases where the child witness gives evidence in the courtroom. It cannot be denied that the experienceof being a witness is unpleasant and even daunting for most children. The usual set-up of courtrooms andcourt personnel are intimidating from children’s perspectives, who, for this very reason may be discouraged from giving reliable testimony. The objective of this section is to make the courtroom appear friendly
and normal in cases where the child witness gives evidence in the courtroom.

VIII. CONCLUSION
Despite significant strides made by the government in improving child protection measures, in recent
years, the cases of child abuse keep increasing. The laws and procedures alone cannot solve the problem.
It is only one of the methods of providing a solution to the problem. More efforts should be taken to makesociety aware that child abuse is a crime and can cause a country to lose human potential. The Department of Social Welfare under the Ministry of Women, Family and Community Development and NGO’s
have carried out awareness campaigns periodically in mass-media and a nationwide campaign throughposters and billboards as the main source of medium. As for the protection of the victim, they also provide
55

RESOURCE MATERIAL SERIES No. 100
shelter for the victim. Community-based projects should also be developed which involve the society atlarge to create awareness that child abuse is a crime. They should be made aware of the current situation,
the law concerning the issues and measures taken by the government and government agencies.

Appendix
Abstract:
Child victim safety and comfort were ensured by the establishment of the Child Interview Centre (CIC)
which has started in 2002. The main purpose for its establishment is to record the evidence of victims /witnesses through video recording (DVD) under the provisions of the Evidence of Child Witness Act 2007(sec 6 and 7). Therefore, since its establishment, child victims were dealt with in a friendly environment
where audio and video recordings of the child’s interview at the CIC were being used as evidence in chiefof the child.
This practice reduces the trauma suffered by the child victims/witnesses. Moreover, from the recordings tendered in courts, we can see that the whole process was made in a comfortable environment andthey did not show fearful expressions. Apart from that, the professionally trained interviewer did give thechild chances to utilize the equipment provided in the centre to explain the acts done by culprits. This
practice has proven to be efficient as they can explain better using this equipment and were very helpful
to the Prosecution.
Issues (Background):
1) The CIC was introduced in the year of 2002, and until recently CICs were only in 3 different states.
Small districts were facing problems to refer a child victim to CIC since these districts are locatedin remote areas.
2) Several problems have been detected in relation to the implementation of the CIC. These includedifficulties in translating the languages other than the National Language, shortage of interpretersin other languages/dialects (in cases where the victims were not fluent in Bahasa Malaysia), mannerof questioning by the recording officers such as the use of leading questions during recordings
giving rise to a challenge by the defence and shortage of trained recording officers because of promotions or being transferred to another department.
Strategy and Implementation:1) In 2003, the CIC were established only in three states which are Johor, Pulau Pinang and Kuala
Lumpur. Now, the number has increased to 15 with a ratio of 1 CIC for each state in Malaysia.
2) To enhance the quality of the CIC, (with regard to the facilities and environment) as well as recordings of interviews, Training of Trainer on Child Interviewing Skills for D11 officers were organizedwith full support from Unicef Malaysia (in 2013). The Ministry of Women, Family and Community
Development of Malaysia, also organized various trainings, which includes counselling skills,
religious input, handling specific groups of children (young/older/disabilities), child development (behavioural, language and cognitive), Preparation Of Transcript Course, Preparation Of Transcript
immediately after recording and preparation for accredited interpreters. For sexual cases, only experienced Investigating Officers who were certified as interviewing officers were allowed to deal
with sexual victims because they have better knowledge on the matter.
Progress and Results:
1) As far as the CIC records are concerned, since 2003 up to now, a total number of 15 CIC have been
established with a ratio of one CIC for each state. A total number of 2711 recordings have been
conducted throughout Malaysia with a total number of 108 recordings used and tendered in court.
This number is not much compared to the recordings done due to the accused who had pleaded
guilty at the very early stage of trials and there are also victims who can speak extremely well incourt, better than the video taken.
2) An evaluation of the effectiveness of the CIC and the recordings tendered in courts was done
during the Magistrates and Sessions Court Judges Trainings which are held annually. During the56

163RD INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
course, feedback was given by the judicial officers informally. From the feedback, the evaluation
showed that Magistrates and Judges exhibited a higher level of sensitivity in dealing with thevictim during the cross examination process where lawyers are not allowed to badger the childvictim and there were occasions where the court dismissed irrelevant questions from the defence
which made the child uncomfortable.
Good Practice:1) The Child Interview Center has been very helpful for children to give evidence with more confidence and they were free from the rigid courtroom processes. Hence, the Prosecution Division inensuring that the child witness is protected from the normal courtroom processes of having to
confront the perpetrator in court has issued a directive that evidence of a child witness (especiallyin sexual cases) to be taken by way of recordings from the CIC.
2) The focus of CIC on producing quality recordings has led to trainings organized for the recording
officers.
3) The judicial officers on the other hand have shown a high level of sensitivity when dealing withchild victims. Moreover, judges who have experienced a trial using the CIC recordings have shared
their valuable experience with their colleagues to create awareness of CIC and the law involved in
the process of admitting the CIC recordings.

57

CHILDREN AS VICTIMS AND WITNESSESMariyam Thoifa＊

Violence against children today is an ever increasing, horrible epidemic around the world, including not
only physical but sexual, emotional and psychological abuse. Unfortunately, there has been a shockingly
massive increase in the cases of violence against children in our country in the past few years, not only inthe quantity of the reported cases but also in the severity of the offences, including negligence, assault,
sexual abuse, prostitution and murder. Among the crimes reported, most were committed by someone
related to or known by the child. This problem is something that people did not talk about; it was considered a family matter, something to shove under the carpet, something to ignore and act as if nothing was
happening.

I. RELATED AGENCIES
A. Maldives Police Service
The main authority for the investigation of crimes reported.
B. Ministry of Law and Gender
The Ministry of Law and Gender will oversee all government functions related to families, children,
women, people with special needs, and human rights. These sectors had previously been under theauthority of the Ministry of Health and Gender.
C. Family Protection Authority
The Family Protection Authority will also be brought under the Ministry of Law and Gender, with the
Attorney General, Usthaaz Mohamed Anil, being responsible for overseeing its functions. The Ministry of
Law and Gender will further be mandated with tackling the issue of domestic violence, apart from those
responsibilities of the courts and the Maldives Police Service.
D. Prosecutor General’s Office
The authority for public representation in the court in criminal cases.
E. Courts
Both the criminal and family courts deal with cases involving child victims and witnesses. The criminal
court hears cases of criminal matters while the family court deals with protection issues of the child, i.e.,
issuing protection and child custody orders.

II. REPORTING
Anyone can report a crime to the Maldives Police Service (MPS), the Ministry of Law and Gender, theFamily Protection Agency or any other non-governmental organization working to protect children byphone, mail or by any other means. However, cases reported to other agencies must be reported to the
MPS for investigation. The reports can be made anonymously for the protection of the complainant. Furthermore, to encourage people and children to report such cases, the Ministry of Law and Gender has established a toll-free child help line.

III. INVESTIGATION
Cases involving child victims are investigated by the Family and Child Protection Department (FCPD)
Unit Head, Prosecution Department, Family and Child Unit, Prosecutor General’s Office, Maldives.

＊58

163RD INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERSof the MPS. The department deals with cases of child victims, children in conflict with the law anddomestic violence cases. The investigating officers in this department are officers trained to deal withchild victims and witnesses and children in conflict with the law. The department is located apart fromthe police main headquarters and has child friendly interview rooms. The investigating officers are to bepresent in casual attire when dealing with child victims. An interview with a child victim will be done in achild friendly manner in the presence of a social worker or the guardian. If the perpetrator is the guardianof the child or someone related to the child, the interview will be conducted only in the presence of thesocial worker. In addition, if the investigating officer finds that the guardian or the family of the childvictim is not supportive of the investigation and the child’s presence in his/her home is not safe for thechild, the child will be taken into state custody and brought to a state shelter.
However, the FCPD only investigates cases reported to Male’, the capital of the Maldives. Cases
reported in the islands will be investigated by island police stations. MPS met their target in 2015 to havean investigating officer sensitized and completed the child and family centered training at all police
stations across the Maldives.

IV. SOCIAL SERVICE WORK DONE WITH THE VICTIMS
Along with the police investigation of the case, the case would also be filed with the Ministry of Law
and Gender, and a case officer will be appointed to work with the victim. The social workers will keep
records and notes about the victim in their case file. They would be taking sessions with the victim andwould recommend psychological therapy if necessary. Also the social workers will be making home visits
to victims and keep track of the situation of the victims. In cases where the child is taken into custody,
the children will be assigned to a social worker along with a programme for the child.

V. PROSECUTION
As soon as the investigation is completed, the case will be brought to the Prosecutor General’s Office.
The case would then be discussed with the appointed prosecutor and the investigating officer. After the
discussion, if the prosecutor finds the investigation is complete and that the case can be submitted tocourt, the prosecutor will then draft the charges, which will be double checked by the senior prosecutors,
and then submitted to court. On the other hand, if the prosecutor finds the investigation is incomplete, he/she will send the case back for further investigation along with a list of things to be completed.
Before the case hearing, the victim’s family/guardians will be informed that the case has been
submitted to court and the crimes that the offender has been charged with. The witnesses will be
prepared before being summoned to court by the witness assistance unit and the prosecutor handling thecase.

VI. COURT PROCEDURE
Under the Special Provisions Act to Deal with Child Sex Abuse Offenders, no. 12/2009, a special
procedure needs to be followed to take child victim and witness testimony. Under section 48 of the act:
To obtain testimony of a child for purposes of this law, testimony of the child should be obtained
through interview which should be video recorded. The interview should take place away from andtrial proceedings and the police station, and be carried out in a familiar environment for the child, inthe presence of familiar or trusted person to the child. Further, where the child has a disability, theinterview should be video recorded and carried out in the presence of a trusted or familiar person to
the child, in addition to the person capable of translating what the child narrates.
The act also establishes other special provisions, including section 47’s evidential requirement:
Section 47. The evidential requirement for a criminal offence Law no: 12/2009 (Special Provisions to
Deal with Child Sex Abuse Offenders) stated in another law shall not apply when charges are madeunder this law or, when establishing offence stated in this law or in establishing the commission of asexual offence with a child where at least 5 types of evidences are available from the following types of59

RESOURCE MATERIAL SERIES No. 100
evidences. Where the 5 types of evidences are available, such evidence shall be deemed to constitutesufficient evidence to establish the offence beyond reasonable doubt as stated in Article 51 (a) of theConstitution.
(a) An official document establishing that a sexual offence has been committed with a child.
(b) Results of scientific investigations.
(c) Statements of eyewitness accounts.
(d) Forensic evidence and evidence derived from investigations.
(e) Evidence received from video records.
(f) Statement given by the child to the child’s parents, or relatives, or friend, or doctor, or healthworker, or psychologist, or psychiatrist or police officer involved in the investigation, or a child protection worker, within a short period or duration of commission of the act.
(g) Child’s statement explaining the events and what had transpired with the child.
(h) A child’s narration of the events when a long time had not elapsed between the time of the eventand the narration, and grounds to believe that slander is being uttered against a person does notexist.
(i) Corroboration between the child’s statement Law no: 12/2009 (Special Provisions to Deal with Child
Sex Abuse Offenders) and medically established physical injury, and findings of forensic investigations.
(j) The person who had engaged in the sexual act with the child has a previous conviction for committing a child sex offence(k) Material evidence(l) Child’s narrative when interviewed by investigator.
Obtaining testimony of a child. The main purpose for such provisions in the act is:(a) Protect children of the society from person who could harm them and to maintain that protection
by detaining child sex abusers in custody during investigation and trial stages, and monitoring ofoffenders under a specific monitoring mechanism even after they have served their sentences.
(b) In addition to the types of evidence admissible Law no: 12:2009 (Special Provisions to Deal withChild Sex Abuse Offenders) to court, to permit other types of evidence to be admitted to establish
child sex abuse, and lower the admissibility criteria of evidence.
(c) Stipulate severe punishment for child sex abusers and those who aid and abet in the commission ofsuch.
(d) Prevent requests to the child to demonstrate to court through actions, or by other means, themanner in which the abuse was carried out or committed.
Although special provisions are only made in the above-mentioned act, if child witness testimony isnecessary in any other case, the testimony must be taken under the procedure established in section 48 of
the act number 12/2009 Special Provisions Act to Deal with Child Sex Abuse Offenders. Furthermore, if
the prosecution requests the judge to protect the identity of the witnesses and the testimony to be taken
without revealing their identity, the court arranges the hearing to be conducted in such manner (i.e., audiovideo conferencing without the presence of the witness inside the court).
60

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

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.

80

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
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.

81

RESOURCE MATERIAL SERIES No. 100
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.

82

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
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.

83

RESOURCE MATERIAL SERIES No. 100
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.

84

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
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.

85

RESOURCE MATERIAL SERIES No. 100
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.

87

RESOURCE MATERIAL SERIES No. 100
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.
88

GROUP 3
IMPROVING SKILLS AND PRACTICES IN INTERVIEWING CHILD
VICTIMS AND WITNESSES DURING INQUIRY AND TESTIMONY
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Co-Rapporteru
Members

Adviser

Ms. GICHANA Zipporah Wawira
Mr. KUMARARATNAM Prabaharan
Mr. TAKAI Kentaro
Ms. SANGVIROON Soracha
Mr. NGUYEN Hoanh Dat
Ms. LIZA Mahfuza
Ms. N’GORAN Marie Estelle Bomo
Mr. CHANTHAPANYA Vanhnakone
Mr. SOE Myint Lay
Mr. NAKAMIZO Tsukushi
Prof. YUKAWA Tsuyoshi(Kenya)(Sri Lanka)(Japan)(Thailand)(Viet Nam)
(Bangladesh)(Cote d’Ivoire)(Lao PDR)(Myanmar)(Japan)(UNAFEI)

I. INTRODUCTION
One of the roles of the criminal justice system, generally starting with the police investigation andending in court, is to ascertain the truth while balancing the rights of the accused and the victims. Performing this role includes respecting the principle of equity, which imposes a treatment adapted to thesituation of each type of litigant, especially, according to the criterion of age. From this view, children havebeen recognized to be different from adults in many ways. Children are highly suggestible and somepeople think what they say is often ambiguous and incomplete. Although, in criminal justice systems,
many countries have adopted a special procedure for juvenile delinquents, even more countries need todevelop special procedures focused on children as victims and witnesses.
For a long period of time, child victims and witnesses were treated just like adults, in both inquiry andtestimony. In general concept, the inquiry and testimony of the child victims and witnesses are theprocesses to collect credible evidence in order to identify the facts thoroughly, objectively and in due
course.
However, the child victims and witnesses should be treated in appropriate ways to ensure that they do
not receive further damage or go through longer and more frequent inquiry and testimony. In addition,
the intention should be focused on making the process less upsetting for children and increasing theaptitude of the child to participate, which will ultimately enhance the chances of a successful result of investigation and prosecution.
This report, therefore, addresses “Improving Skills and Practices in Interviewing Child Victims andWitnesses during Inquiry and Testimony”.

II. CURRENT SITUATION OF INQUIRY AND TESTIMONY
A. Multiple Interviews
Although criminal procedure varies from country to country, child victims and witnesses arecommonly interviewed several times by professionals involved in criminal procedure before he/she gives
testimony in the court. For example, when a child abused by his/her father is found injured in a school,
the police officer and the public prosecutor will each interview the child several times in order to understand what happened to him/her despite the fact that the child will have been possibly questioned byteachers, doctors and other guardians.
The practice of multiple interviews by police officers and public prosecutors is justified by the aim offinding accurate facts. In other words, it has been thought that in order to obtain a credible statement of
the child victim to clarify what exactly happened to him/her, multiple questions should be asked to the89

RESOURCE MATERIAL SERIES No. 100
child victim by various people. However, according to recent research done by psychologists and doctors,
children’s memories are possibly altered by induced and other inappropriate questions, and such practicewill turn out to be the opposite of what was intended at the beginning.
In addition, multiple interviews cause re-victimization of the child. Furthermore, through multiple interviews, child victims and witnesses are forced to recall their terrifying ordeal of the crime. There is absolutely no need for child victims and witnesses to re-experience what they already went through.
Until recently, such problems were not much considered and even now, multiple interviews are still
done in practice because of lack of coordination and know how between the child victim’s guardians andprofessionals involved in the criminal justice system.
B. Questioning Skill: Techniques and Time Management
There are cases that are dismissed due to the interviewer not being able to obtain sufficient statements from the child victims and witnesses. In such cases, the interviewer has not received adequate
training to interview a victim or witness. Even if they possess a theoretical knowledge, they cannot applythat knowledge due to lack of practices following standard protocols and technique/age-appropriate
approach. The investigating officers or other professionals concerned should be able and prepared toadjust their approach to the child’s developmental level.
Sometimes, interviewers possess a hypothesis based on a fact which is learned from other sources. Interviewers with preexisting biases may ask suggestive questions and risk confirming their beliefs andgetting false information. Many interviewers do not remain neutral during the interview and this often
negatively affects the fact-finding process.
Also, the outcome of interviews is not satisfactory in the case where interviewers do not take sufficient
preparation. Due to lack of preparation some important information may be missed while various misleading and irrelevant information may be received. First of all, which information is required and how thequestion will be asked should be analyzed by the interviewer. Furthermore, in most of the countries nostandard limitation on duration of the interview is followed. In practice it is seen that children are interviewed several times for an unspecified period. It may be stressful for the child, and he/she may notcooperate with the professionals.
C. Rooms, Facilities and Conducive Environment
In most of the countries, interviews are often done in a police station; however, there are no childfriendly rooms to conduct interviews. The interviewer often talks to the child victim face to face which
may be intimidating. The child victim may even meet the suspect at the station, which possibly strains
the child victim’s mind. This not only increases risk of obtaining unreliable statements from the child but
also places a psychological burden upon child victims and witnesses when they talk about the incident.
Further, it may not be in the keeping with the rights of the accused who may later use it in his favour toargue that the child was influenced to wrongly identify the accused.
To decrease the strain, the interviewer sometimes allows the family members of the child victim toaccompany the child during the inquiry, but child victims and witnesses can be influenced by them easily.
Especially when family members are perpetrators, child victims and witnesses may hesitate to disclose
the facts in front of them.
D. Support Services
Support services are geared towards ensuring that the child victim is confident and willing to give
testimony. The current situation in some jurisdictions is that there is a dearth of places of safety. Even
where available, they further jeopardize the child’s welfare if no counselling is offered. The child may also
miss some days at school. There are instances where victim relocation is seen as an admission of failure of
the support structures. It is also costly in terms of the human sacrifices involved in the relocation of thevictim/witness.
Fact-finding is often compromised when the protection of the child or sense of security for the family
is not guaranteed. This is mainly the situation of children assaulted by one of their parents and who must90

163RD INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE
keep living with the other one during the process. It is also the case when the offender is a third party
who seriously threatens the security of the child.
Child victims and witnesses require aid and information to effectively take part in the criminal justiceprocess and to heal their damage. This is not currently available in many jurisdictions. It affects thedecisions of families and victims of whether or not to report crimes and follow up with prosecution anddisposition of the case.
E. Fear Caused by the Presence of the Perpetrator
When a child victim or a witness faces an inquiry or giving testimony, he/she is likely to feel confusion,
fear and ostracization. If the child victim’s, or even his/her family’s, security is not ensured throughout thecriminal procedure, such negative feelings will increase. Although intimidating the child victim might not
be the intention of the accused, once the child is frightened, it will be difficult for the child to talk about
the crime, which will cause difficulty in fact-finding. On the other hand, the accused has the right to accessall evidence including the statement and the testimony of the child. Therefore, both the needs of ensuring
the security of the child and his/her family and ensuring the right of the accused must be considered inpractice.
F. Delay in Procedures
There are a number of cases in which the child victim has not been found for a long period of time,even after the suspect has been identified. Such problem may occur in cases of sexual abuse, physicalabuse and rape found in the internet, such as cybercrime. Delay in procedure makes fact-finding difficult,and the child suffers from the effect of the crime for a longer time.
Even after the child victim is identified and the investigation begins, it generally takes months or evenyears for a criminal case to be resolved in court, and professionals do not properly consider the effect of
this problem.
Another cause of delay in procedure is the increasing number of pending cases. The long gap of time
between the inquiry and testimony may decrease the child’s memory and affect his/her testimony duringcross-examination, making fact-finding difficult. In addition, no matter what the causes of these problems
are, the child victims or witnesses will have less benefit from pending cases.
G. Insufficient and Obscure Legislation
In many countries, there is no legal provision for investigation of child abuse cases without any formal
complaint from the victim. But it may not be possible in all cases for the victims to lodge a complaint due
to hesitation of being exposed in public, pressure from family members, power imbalance between perpetrators and victims, and so on. For these reasons, most victims remain unheard and unnoticed, subsequently reducing the intervention of criminal justice officers. More effective and appropriate legislation isrequired to widen the power of investigators to investigate such case on the basis of suspicion only, even
without a formal complaint. It may be helpful to intervene in the lives of abused children before the cases
get any worse. Furthermore, people who are likely to know the incidents of child abuse cases are notunder any obligation to report such cases.

III. RECOMMENDATIONSConsidering all the problems discussed above, the suggestions listed below may be useful.
1. Institutions involved in child abuse cases should have standard operating procedure manuals forprotecting child victims from the beginning of investigation until the conclusion of trial. The prosecution of child victim’s crimes should be carried out carefully with consideration of the child’s
position as a victim, regardless of the concerns of witness inducement, so that child victims andwitnesses will not refuse to say what they experienced for fear of being punished for the crimes
they themselves committed.
2. Cases involving children should be prioritized. The time gap between recording the first inquiry
and the child’s testimony at trial should be reduced to avoid risk of contamination of evidence.
91

RESOURCE MATERIAL SERIES No. 100
3. Multi-disciplinary teams, consisting of all relevant agencies, should be formed to conduct interviewsof child victims and witnesses to avoid multiple interviews.
4. Child victims and witnesses should be interviewed in a separate child friendly room having no distracting elements. The interviewer should sit close to the child victim/witness. The child should beinterviewed alone unless he or she is too young to be separate from the parent or guardian.
5. Officers involved should receive in depth training regarding interviewing skills, child development
and the impact of victimization and witnessing violence against children.
6. Interviewers should build rapport with the child and should provide the child with necessary information about the purpose of the interview in simple language. It must be done patiently with theinterviewer being neutral and professional. Communication must be done in a decent manner.
7. At the beginning, a few questions may be asked on neutral topics to encourage the child to givedetailed narrative answers. This practice allows the interviewer to measure the child’s memory andability to describe past events.
8. Interviewers should use open-ended questions to avoid repeating specific, closed, and yes-noquestions.
9. Installation of a video camera, closed circuit television or a system of audio recording is needed toclarify what the child said and how he or she spoke at the interview.
10. Measures should be taken to reduce the possibility of face-to-face contact with the defendant at thetrial to protect the child from feeling intimidated. Installation of video cameras, audio systems andscreens for testimony should be considered.
11. Legal aid for indigent and vulnerable persons, including children, should be established.
12. Regular and effective debriefing of officers dealing with cases of violence against children can help
to reduce burnout.

IV. CONCLUSION
This topic has been repeatedly discussed internationally and locally; still it remains relevant and usefulsince it offers, through this working group, a pragmatic view of the judicial actors’ experiences or innovations. Children are expected to take part in a process that many adults find difficult, confusing, and terrifying. Improving interviewing skill can help them to ease the process and encourage them to share theultimate facts. Criminal justice officials need to understand the importance of properly interviewing childvictims and witnesses. In this way, fact-finding protects all the parties involved and achieves the role ofthe criminal justice system.

92

APPENDIXCOMMEMORATIVE PHOTOGRAPH⃝ 163rd International Training Course

UNAFEIThe 163rd International Training Course

Left to Right:
Above
Ms. Tracy Liu (United Kingdom)
4th Row
Ms. Iwakata (Staff), Ms. Odagiri (Chef), Ms. Yamada (Staff), Ms. Hando (Staff), Mr. Ueki (Staff),
Mr. Miyagawa (Staff), Mr. Ohno (Staff), Mr. Haneda (Staff), Mr. Ozawa (Staff), Mr. Furuhashi (Staff),
Ms. Oda (Staff), Ms. Sato (Staff), Ms. Kita (JICA)
3rd Row
Mr. Hosono (Japan), Ms. Kobayashi (Japan), Ms. Sakurai (Japan), Ms. Noda (Japan), Ms.
Nyamsuren (Mongolia), Mr. Nakamizo (Japan), Mr. Suiama (Brazil), Mr. Vipolchai (Thailand), Ms.
Yusop (Malaysia), Ms. Sangviroon (Thailand), Mr. Khusanov (Uzbekistan), Ms. Liza (Bangladesh), Mr.
Chanthapanya (Lao PDR), Ms. Ogaki (Japan), Ms. N’ Goran (Cote d’ Ivoire)
2nd Row
Mr. Fofana (Mali), Mr. Dorji (Bhutan), Mr. Akishino (Japan), Mr. Takai (Japan), Mr. Sharma(Nepal), Mr. Soe (Myanmar), Mr. Nguyen (Viet Nam), Mr. Almajali (Jordan), Ms. Yusof (Malaysia),
Mr. Morsy (Egypt), Mr. Kumararatnam (Sri Lanka), Ms. Mwangi (Kenya), Mr. Majeed (Pakistan),
Ms. Gichana (Kenya), Ms. Thoifa (Maldives), Mr. Dansoko (Guinea)
1st Row
Mr. Schmid (LA), Mr. Ito (Staff), Prof. Yamamoto, Prof. Minoura, Prof. Akashi, Prof. Watanabe,
Dr. Sita Sumrit (Thailand), Director Senta, Deputy Director Morinaga, Prof. Yamada, Prof. Yukawa,Prof. Hirano, Mr. Jimbo (Staff), Mr. Shojima (Staff)