ISSN 1020-914X

UNAFEI

NEWSLETTER
UNAFEI

UNITED NATIONS ASIA AND FAR EASTINSTITUTE FOR THE PREVENTION OF CRIME
AND THE TREATMENT OF OFFENDERS

No. 150
June 2016

Established1961
IN THIS ISSUE

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Page

LETTER FROM THE DIRECTOR

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THE 163RD INTERNATIONAL TRAINING COURSE

3CHILDREN AS VICTIMS AND WITNESSES
Course Rationale
Course Summary
Lecture Topics
Individual Presentation Topics
Group Workshop Sessions
Observation Visits
Group Study Tours
Special Events
Reference Materials
Expert and Participant List

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INFORMATION ABOUT FORTHCOMING PROGRAMMESThe Joint Study on the Legal Systems of Japan and Viet Nam
The Tenth Regional Seminar on Good Governance for Southeast Asian Countries
The 164th International Training Course
The 19th UNAFEI UNCAC Training Programme

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ADMINISTRATIVE NEWS
Faculty Changes
Overseas Trips by Staff
FACULTY AND STAFF OF UNAFEI

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UNAFEI IS AN AFFILIATED REGIONAL INSTITUTE OF THE UNITED NATIONS

1-26, HARUMI-CHO, FUCHU, TOKYO 183-0057, JAPANTEL: 81-42-333-7021 ◆ FAX: 81-42-333-4656 ◆ E-MAIL: unafei@i.moj.go.jp
HOME PAGE: http://www.unafei.or.jp/

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LETTER FROM THE DIRECTOR
It is my privilege to inform readers of the successful completion of the 163rd International Training Course on “Children as Victims and Witnesses”, which took place from 11 May
to 22 June 2016. In this Course, we welcomed 7 Japanese participants and 23 overseas participants: 16 from Asia, 6 from Africa and 1 from South America. The participants included
judges, prosecutors, police officers and other public officials involved in the field of crime prevention and criminal justice. As this newsletter demonstrates, the Course was extremely productive. It consisted of lectures by visiting experts, ad hoc lecturers, UNAFEI faculty
members, individual presentations, visits to relevant criminal justice agencies, and groupworkshop and plenary sessions.
For over 25 years, the Convention on the Rights of the Child has set global standards toensure the protection 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. Whenchildren 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 to protect the best interests ofchild victims and witnesses, criminal justice practitioners should become familiar with theglobal 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 the fight 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 offer participants an opportunity to clarify
and analyse the current situation of children as victims and witnesses in each participating
country and to explore more effective ways to enhance their participation in the criminal
justice system. Additionally, the participants were able to share experiences, gain knowledge,
and build a human network of counterparts.
During the Course, the participants diligently and comprehensively examined the main
theme, primarily through a comparative analysis. The participants shared their own experiences and knowledge of the issues and identified problems and areas in which improvements
could be made. With the academic and practical input from the visiting experts, ad hoc
lecturers and UNAFEI faculty—and the in-depth discussions they had with each other—theparticipants are now better equipped to enhance the policies and practices related to children as
victims and witnesses in their respective countries.
I would like to offer my sincere congratulations to all of the participants upon their successful completion of the Course, made possible by their strenuous efforts. My heartfelt
gratitude goes out to the visiting experts and ad hoc lecturers who contributed a great deal to
the Course’s success. Furthermore, I appreciate the indispensable assistance and cooperation
extended to UNAFEI by various agencies and institutions that helped diversify the Course.
I would also like to express my great appreciation to the Japan International Cooperation
Agency (JICA) for its immeasurable support throughout the Course. At the same time, a warm
tribute must be paid to the Asia Crime Prevention Foundation (ACPF) and its branch organiza-

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tions for their substantial contributions to our activities. Lastly, I owe my gratitude to all theindividuals whose unselfish efforts behind the scenes contributed significantly to the successful
realization of this Course.
Upon returning to their home countries, I genuinely believe that, like their predecessors,
the strong determination and dedication of the participants will enable them to work towards
the improvement of their respective nations’ criminal justice systems, and towards the benefit
of international society as a whole.
Finally, I would like to reiterate my best regards to the participants of the 163rd International Training Course. I hope that the experience they gained during the Course proves
valuable in their daily work and that the bonds fostered among the participants, visiting experts
and UNAFEI staff will continue to grow for many years to come.
June 2016

Keisuke SENTA
Director, UNAFEI

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THE 163RD INTERNATIONAL TRAINING COURSECHILDREN AS VICTIMS AND WITNESSES
Course Rationale

I. THE MAIN THEME OF THE COURSE
It has been 25 years since the Convention on the Rights of Child1 (hereinafter referred toas “the Convention”) has come into effect, and it has been 15 years since the two optional
protocols of the Convention2 have been adopted. The Convention clearly declares that eachstate party shall take measures to protect children from all forms of physical or mental
violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation,
including sexual abuse. The importance of protecting children from all forms of violence, exploitation and abuse has been repeatedly stressed in international society3, research has been
conducted and several guidelines and declarations were drafted4.
However, violence against children still exists all over the world in various ways. The
mission for us, as criminal justice practitioners, is to implement these declarations and recommendations in the real world consistently with the legal system and social situation in eachcountry.
In this course, through lectures and discussions on the topics described below, we aimed
to deepen the understanding of the measures hitherto explored and to promote implementationof these measures consistently with each country’s legal and social system.
II. DEFINITIONS AND THE SCOPE OF THE DISCUSSION
In this course, the words “child” and “violence” were defined according to the Convention, that is, a “child” is “every human being below the age of eighteen years”; “violence” is“all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse”. If we consider the term “violence againstchildren” (VAC) based on the definitions stated above, a holistic approach, which covers prevention, intervention and protection, is required to completely eliminate VAC. However, con“Convention on the Rights of the Child” (United Nations, Treaty Series, vol. 1577, No. 27531).
“Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict”(United Nations, Treaty Series, vol. 2171, No. 27531) “Optional Protocol to the Convention on the Rights of the Childon the sale of children child prostitution and child pornography” (United Nations, Treaty Series, vol. 2173, No. 27531).
3 “Doha Declaration on integrating crime prevention and criminal justice into the wider United Nations agenda toaddress social and economic challenges and to promote the rule of law at the national and international levels, andpublic participation” Economic and Social Council resolution 2015/19, annex etc.
4 “The Guidelines for Action on Children in the Criminal Justice System”, Economic and Social Council resolution
1997/30, annex, “the Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime”, Economic andSocial Council resolution 2005/20, annex, “Model Strategies and Practical Measures on the Elimination of Violenceagainst children in the Field of Crime Prevention and Criminal Justice” General Assembly Resolution 69/194, annex,
UNODC(2009) “Justice in Matters Involving Child Victims and Witnesses of Crime, Model Law and Commentary”.
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sidering that this course was designed for criminal justice practitioners, in order to ensure
fruitful discussion on practical issues, the scope of this course was limited as discussed immediately below.
First of all, the course focused on measures undertaken by the criminal justice system todeal with incidents of VAC. Therefore, preventive measures for VAC, inter alia, supportingand overseeing the families in which a high risk of VAC is identified and public awarenessraising of no-tolerance policies on VAC, were not the subject of this course. In addition,
though support for the victimized children is essential, this course was designed for officials
from organizations which deal with criminal cases. Measures to support the victimized
children were discussed only to the extent that they related to the investigation, prosecution or
adjudication of criminal cases.
Secondly, violence against children in conflict with law is one of the most important
issues to be considered by people who work in the criminal justice system. However, thesechildren in conflict with the law cannot be treated exactly the same as children in contact withthe criminal justice system genuinely as victims and witnesses. Thus, the target of the discussion was limited to children in contact with the criminal justice system merely as victims andwitnesses. Eliminating VAC in conflict with the law is a topic for future programmes.
III. ISSUES CONSIDERED IN DEALING WITH CASES OF VIOLENCE AGAINSTCHILD VICTIMS AND WITNESSESa.

Violence against children is often unchallenged for several reasons: certain formsof abusive conduct are viewed as acceptable in some cultures; victimized children
are too small to recognize or to report the incidents; maltreatment or incidents ofviolence take place in private places such as their homes; children or their families
are afraid of reprisal or stigmatization by reporting; and there may be distrust of thepolice or public officials. Therefore, it is very important to establish effective
detection and reporting mechanisms for VAC. In this stage, to ensure the safety ofchildren is the first priority.
Even when VAC is detected by public officials, resolving all such cases through thecriminal justice system is not always the best solution from the perspective of thebest interests of the child. It is necessary to scrutinize cases involving VAC(including suspected cases) to determine whether the perpetrators can be or shouldbe punished through the criminal justice system. In order to ensure effective
scrutiny, cooperation among multiple agencies inside and outside of the criminal
justice system, inter alia, child-welfare, social-welfare, medical services andschools, is indispensable. When we think about multi-agency cooperation, factors
which prevent such cooperation and possible countermeasures against them should
also be explored.

b.

Once we successfully scrutinize the cases to be dealt with by the criminal justicesystem, we need to protect the mental well-being, privacy and dignity of children
who are brought into the criminal justice system as victims and witnesses.
Measures and procedures to prevent re-victimization are essential.

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IV. KEY TOPICS OF THE COURSEIn this regard, the following key topics were addressed during the Programme:
(1)

(2)

Timely and appropriate criminal justice interventiona.

Effective detection and reporting mechanisms for incidents involving VAC(mechanism of reporting VAC, reporting obligations, one-stop services, VAC
hotlines, cyber-patrols, etc.)b.

Effective protection for child victims of violence (police protection, procedures forremoving children from the custody of abusive caregivers)c.

Effective procedures for scrutinizing cases involving VAC (specialized person(s) orteams, assessment tools, etc.)d.

Measures to avoid further VAC for cases not brought into the criminal justicesysteme.

Effective multi-agency cooperation for detecting and scrutinizing VAC cases (confidentiality, bureaucratic sectionalism)

Child sensitive criminal justice proceduresa.

Measures to interview children (appropriate place or person to conduct interviews,
special interview techniques (forensic interviews etc., attendance of others)b.

Issues in prosecuting cases involving VAC (use of mediation, special programmes
for perpetrators)c.

Special trial procedures for cases in which child victims and witnesses have to
testify. Assuming that there is not a procedure specially designed for child victims
or witnesses, other measures to prevent re-victimization (concealing the identity ofvictims and witnesses, video-link testimony, etc.)d.

Capacity building for personnel who work within the criminal justice system (police,prosecutors, judges)

Each participant was required to submit an Individual Presentation Paper regarding theabove-mentioned topics as they apply to his or her country, and to explain and discuss these
topics in his or her individual presentation.

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Course Summary
Lectures
During the Course, the participants attended 49 lectures, including 5 presented by thevisiting experts, 8 by ad hoc lecturers and 8 by the faculty of UNAFEI. Two distinguishedcriminal justice practitioners served as UNAFEI’s visiting experts. They lectured on issues
relating to the main theme of the Course and contributed significantly beyond their lectures byencouraging discussions after their lectures, participating in the discussions of other programmes, and conversing with the participants on informal occasions. Additionally, the ad hoc
lectures were delivered by police officials, a child welfare specialist of the Ministry of Health,Labour and Welfare, a Japanese lawyer, a Family Court Probation Officer, a Family Court
Judge, and professors from Japanese universities. The lecturers and lecture topics are listed on
pages 7 to 8.
Individual Presentations
During the second week of the course, all participants delivered individual presentations
which introduced the situation, problems and future prospects of the participants’ countries.
These papers were compiled onto a USB memory stick and distributed to all the participants.
The titles of these individual presentation papers are listed on pages 9 to 11.
Group Workshop Sessions
Group workshop sessions provided the participants with the opportunity to further
examine the sub-topics of the main theme. In order to conduct each session effectively, the
UNAFEI faculty selected individuals to serve as group members for the sub-topics, based on
their responses to a previously distributed questionnaire. Selected participants served as chairpersons, co-chairpersons, rapporteurs or co-rapporteurs, and faculty members served asadvisers. Each group’s primary responsibility was to explore and develop their designated
topics in the group workshop sessions. The participants and UNAFEI faculty studied the topics
and exchanged their views based on information obtained through personal experience, the individual presentations, lectures and so forth. After the group workshop sessions, reports weredrafted based on the discussions in their groups. These reports were subsequently presented in
the plenary report-back session, where they were endorsed as the reports of the Course. Briefsummaries of the group workshop reports are provided on pages 12 to 14.
Visits and Special Events
Visits to various agencies and institutions in Japan helped the participants obtain a morepractical understanding of the Japanese criminal justice system. In addition to the Course’s
academic agenda, many activities were arranged to provide a greater understanding ofJapanese society and culture, with the assistance of various organizations and individuals,
including the Asia Crime Prevention Foundation (ACPF). For more detailed descriptions,please refer to pages 15 to 17.

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Lecture Topics

Visiting Experts’ Lectures
1)

Dr. Sita SUMRIT• Global Situation of Violence against Children• International Standards and Norms Related to the Elimination of Violence against
Children• Violence against Children in Southeast Asia: the case of child sex tourism in Thailand,
Lao PDR and Cambodia• Women and Access to Justice in Southeast Asia: Challenges and Solutions for Sustainable Development

2)

Ms. Tracy LIU• The Child Exploitation and Online Protection Centre (CEOP) tackling child sexual
abuse

UNAFEI Professors’ Lectures
1)

Ms. WATANABE Ayuko, Professor, UNAFEI• Japanese Criminal Justice Procedure• Legislation on Violence against Children in Japan• Measures to Protect Abused Children

2)

Mr. YUKAWA Tsuyoshi, Professor, UNAFEI• Criminal Justice System in Japan: Investigation, Prosecution and Trial

3)

Mr. TSUJI Takanori, Police Superintendent, Adjunct Professor, UNAFEI• Crime Situation in Japan and Activities of Japanese Police

4)Mr. HIRANO Nozomu, Professor, UNAFEI• Juvenile Justice in Japan8
Ad Hoc Lectures
1)

Mr. WATANABE Kazuhiro
Associate Professor, Senshu University• Regulatory Approach to Violence Against Children from the Perspective of Criminal
Law

2)

Mr. KAMIMURA Ikuo
Child Welfare Specialist, Ministry of Health, Labour and Welfare• Trends and Issues of Child Abuse Prevention Measures

3)

Mr. HAMADA Takehisa
Lawyer• Practice and Issues of Criminal Justice Intervention in Cases of Violence against
Children – from a Lawyer’s Point of View

4)

Ms. MITSUYOSHI Keiko
Judge, Tokyo Family Court• Child Abuse and the Family Court
Ms. TAKAGI Misao
Senior Family Court Investigating Officer, Tokyo Family Court• Investigation of Cases Related to Article 28 of the Child Welfare Act and Cases
Regarding Loss of Parental Authority

5)

Dr. NAKA Makiko
Professor, Hokkaido University• Forensic Interviewing Training

6)

Mr. TANAKA Toshio
Police Superintendent, National Police Agency• Measures Against Child Abuse Taken by the Police

7)

Mr. KOBAYASHI Toshio
Police Superintendent, Osaka Prefectural Police• Measures Against Child Abuse ~ Challenges of Osaka Prefectural Police ~9Individual Presentation Topics
Overseas Participants
1)

Ms. LIZA Mahfuza (Bangladesh)• Children as Victims and Witnesses: Bangladesh perspective

2)

Mr. DORJI Urung (Bhutan)• Children as Victims and Witnesses in Bhutan

3)

Mr. SUIAMA Sergio Gardenghi (Brazil)• Children as Victims and Witnesses in the Brazilian Criminal Justice System

4)

Ms. N’GORAN Marie Estelle Bomo (Cote d’Ivoire)• Status of Child Victims and Witnesses in Ivorian Criminal Justice5)

Mr. MORSY Abdelalim Farouk (Egypt)• Children as Victims and Witnesses under the Egyptian Legal System: Prospects andChallenges

6)

Mr. DANSOKO Dondon (Guinea)• Violence Against Children in Guinea

7)

Mr. ALMAJALI Ref’at Nayel (Jordan)• Children as Victims and Witnesses in Jordan

8)

Ms. GICHANA Zipporah Wawira (Kenya)• Protection of Children Victims of Violence by the Children Court in Kenya

9)

Ms. MWANGI Maryanne Njeri (Kenya)• Best Interest of the Child in the Justice System

10)

Mr. CHANTHAPANYA Vanhnakone (Lao PDR)• Protection of Children as Victims and Witnesses in the Lao PDR

11)

Ms. YUSOF Zamrosni (Malaysia)
• Criminal Justice System in Malaysia

12)

Ms. YUSOP Yusnany (Malaysia)• Child Abuse in Malaysia: Legal Measures for the Prevention of Crime and Protectionof the Victim

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13)

Ms. THOIFA Mariyam (Maldives)• Criminal Justice Focus on Investigation, Prosecution, Adjudication and International
Cooperation

14)

Mr. FOFANA Bandiougou (Mali)• Child Protection: Children as Victims and Witnesses in Mali

15)

Ms. NYAMSUREN Munkhtuya (Mongolia)• Some Provisions of the Criminal Procedure Code in Relation to Under Aged Victims:
A Need to Develop Some Regulations

16)

Mr. Soe Myint Lay (Myanmar)• Children as Victims and Witnesses in Myanmar

17)

Mr. SHARMA Yadunath (Nepal)
• Children as Victims and Witnesses in Nepal

18)

Mr. MAJEED Rashid (Pakistan)• Children as Victims and Witnesses in Pakistan

19)

Mr. KUMARARATNAM Prabaharan (Sri Lanka)• Children as Victims and Witnesses in Sri Lanka

20)

Ms. SANGVIROON Soracha (Thailand)• Fleur and Jus

21)

Mr. VIPOLCHAI Nisit (Thailand)• The Current Situation of Challenges Concerning the Real Problems of Protecting Child
Victims and Witnesses in Thailand

22)

Mr. KHUSANOV Anvar (Uzbekistan)• Children as Victims and Witnesses: Key Principals and the Situation in Uzbekistan

23)

Mr. NGUYEN Hoanh Dat (Viet Nam)• New Provisions Applying to Juveniles as Victims or Witnesses According to the 2015
Criminal Procedure Code of Viet Nam

11Japanese Participants24)

Ms. NODA Ayaka• Measures Against Child Abuse Taken by Japanese Police

25)

Ms. SAKURAI Tomoko• Efforts to Start Multi-Disciplinary Teams in OSAKA

26)

Mr. TAKAI Kentaro• Issues in Trial Procedures Involving Children

27)

Mr. HOSONO Takahiro• Japanese Trial Procedures to Prevent Re-victimization When Children are Victims or
Witnesses

28)

Ms. KOBAYASHI Reiko• Criminal Justice Procedure to Prevent Re-victimization When Children are Victims or
Witnesses

29)

Mr. AKISHINO Kuniharu
• Child Sensitive Criminal Justice Procedures for Witnesses

30)

Mr. NAKAMIZO Tsukushi• The Japan Coast Guard and Violence Against Children at Sea

12Group Workshop Sessions
Group 1
SPECIAL MEASURES IN DEALING WITH CHILD VICTIMS AND WITNESSESIN THE CRIMINAL JUSTICE PROCESS
Chairperson
Mr. SUIAMA Sergio Gardenghi(Brazil)
Co-Chairperson
Ms. YUSOF Zamrosni(Malaysia)
Rapporteur
Ms. THOIFA Mariyam(Maldives)
Co-Rapporteur
Mr. MAJEED Rashid(Pakistan)Members
Mr. ALMAJALI Ref’at Nayel(Jordan)Mr. FOFANA Bandiougou(Mali)
Mr. VIPOLCHAI Nisit(Thailand)
Mr. AKISHINO Kuniharu(Japan)Ms. NODA Ayaka(Japan)Ms. KOBAYASHI Reiko(Japan)Advisers
Prof. WATANABE Ayuko(UNAFEI)
Prof. HIRANO Nozomu(UNAFEI)
Report SummaryGroup 1 reviewed the status of special measures for the protection of child victims andwitnesses in each of the participating countries and proposed detailed recommendations forsuch special measures that should be considered for adoption. The recommendations areintended to ensure that the criminal justice system is sensitized to child victims and witnesses.
The group identified weaknesses in investigation and adjudication of cases involving
violence against children (VAC) that are common among many countries. VAC is under-reported and under-detected. Many counties lack training and special procedures for investigating VAC cases, as well as special provisions to protect child victims and witnesses. Likewise,
the adjudicatory process lacks training and special provisions that elicit credible testimony
from children, such as child-friendly hearing rooms, video-link testimony, etc.
To improve detection and reporting, the group recommended a number of measures. Increasing public awareness is important for effective reporting, and countries are encouraged to
identify target groups, focus on issues of VAC that are relevant to the country and use social
media and other marketing strategies to reach the public. Also, countries should identify therisk factors and indicators of VAC using an evidence-based approach. Reporting should be
confidential and easily accessible by establishing a 24/7 toll-free helpline, and mandatory
reporting of VAC should be legally required.
During investigation and trial, special measures should be implemented to protect childvictims and witnesses from re-victimization and to ensure the credibility of their statements.
Skilled and trained investigators are needed to conduct child-sensitive forensic interviews. At
trial, children should be permitted to testify from special rooms by video link so that the childcannot see the accused, and questions directed to the child should be asked by a qualified expert.
Throughout the criminal justice process, special protective measures should be used tosafeguard the best interest of the child. To do so, the group also pointed out that the rights ofthe suspect/defendant must not be taken for granted. Only when necessary and as a last resort,the child should be placed in temporary protective custody with a relative, foster family,
shelter for victims of abuse, etc. All relevant criminal justice and social welfare agencies
should be involved in this process, and guidelines should be developed to monitor the status of
the child. Additionally, the child’s identity should be protected by the issuance of a non-disclosure order by the court, and court proceedings related to children should be conducted as
closed hearings.

13Group 2

IDEAL MEASURES TO PROTECT CHILDREN AS WITNESSESIN THE INVESTIGATION AND TRIAL PHASES

Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members

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)

Adviser
Assistant
Report SummaryGroup 2 considered measures to protect child witnesses during the investigation and trial
phases. The group agreed to focus on child witnesses because such laws, measures andpractices are particularly lacking in many jurisdictions, whereas legislation on violence againstchildren is more prevalent. Throughout the workshop, the group drew on a number of international resources, particularly the Convention on the Rights of the Child and the United
Nation’s Model Law on Justice in Matters involving Child Victims and Witnesses of Crime
and Related Commentary, as well as the best practices of the participating countries.
The purpose of the investigation phase is to obtain the best evidence possible to secure aconviction and to secure justice for the child. This can only be accomplished if child witnesses
receive the necessary support. For child witnesses, the prevention of re-victimization, e.g.,
reliving a traumatic experience that was endured or observed by the child in multiple interviews, takes high priority. The group found that victim support agencies and specially trained
support persons are necessary to provide care, comfort and counselling to child witnesses
throughout the criminal justice process. Likewise, specially trained investigators are needed to
conduct child-sensitive forensic interviews to elicit a complete and credible account of theoffence and to protect the child’s psychological well-being. Other measures to be employedduring the investigation stage include the use of child-friendly interview rooms, the use oftechnical communication aids, e.g., dolls, to help the child explain what happened, and the limitation of the number and duration of interviews, based on the age and mental state of the child.
Child witnesses also require support during the trial phase. It is important to protect achild’s privacy by prohibiting the disclosure of his or her identity through the criminal justiceprocess. Further, the child’s physical safety and mental state should be protected by avoiding
direct contact with the offender, which can be achieved though measures such as witness
shielding and the admission of video-recorded testimony into evidence. Additionally, childfriendly waiting areas are important to ease the child’s state of mind so that he or she cantestify comfortably.
The group offered the following recommendations for the protection of child witnesses:(1) enacting special laws that provide for measures such as limiting the number of interviews,
requiring that questioning of children be conducted according to the child’s age and mental
capacity, requiring in camera sessions, removal of the accused from the courtroom during thechild’s testimony, etc., (2) establishing special agencies to support child witnesses during andafter the judicial process, (3) initiating training for personnel dealing with child witnesses, (4)providing experts to assist in interviewing child witnesses and (5) providing separate childfriendly investigation and waiting rooms.

14Group 3
IMPROVING SKILLS AND PRACTICES IN INTERVIEWING CHILD VICTIMS
AND WITNESSES DURING INQUIRY AND TESTIMONY
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Co-Rapporteru
Members

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)

Adviser
Report SummaryGroup 3 focused on improving skills and practices for interviewing child victims andwitnesses. The group noted that for many years, child victims and witnesses were treated in thesame manner as adults. As many adults find the criminal justice processes to be intimidating
and difficult to comprehend, this is particularly true for children. In response, many countries
have adopted special procedures to ease the burdens on children who take part in the criminal
justice system, but further measures are needed to address their unique needs as witnesses.
The group reviewed the current status of interviewing child victims and witnesses,
finding that current practices often jeopardize the collection of credible evidence. Children areroutinely interviewed multiple times, which causes re-victimization of the child and can resultin inconsistent statements due to the fact that children face the obstacles of language, mental
development and maturity. Moreover, children are particularly susceptible to the power of suggestion. Often due to a lack of training, many investigators lack sufficient interviewing skills,
and many cases are dismissed when the investigator fails to elicit credible evidence from thechild. Additionally, many countries lack child-friendly interviewing rooms, which arenecessary to provide an environment in which the child feels comfortable explaining how heor she was victimized. In situations where the child is forced to confront the perpetrator before
the interview or giving testimony, the child is likely to be overcome by fear, and the child may
refuse give the statement. Meanwhile, delays in the criminal justice procedure can cause
memories to fade, making it impossible to collect credible evidence. Lacking in many jurisdictions, support services for child victims and witnesses are crucial to adequate fact-finding
because these services provide children with the sense of security they need to tell their stories
and the counselling they need to heal.
To overcome these challenges, the group identified 12 recommendations to improve interviewing of child victims and witnesses: (1) the drafting of standard operating procedure
manuals, (2) reducing the time gap between the first interview and the giving of testimony, (3)establishing multi-disciplinary investigation teams, (4) use of separate interview rooms forchildren, (5) providing interviewers with relevant training, (6) introduction of child-friendly
practices, (7) asking questions designed to measure the child’s memory, (8) asking open-ended
questions during interviews, (9) audio or video recording of interviews, (10) use of video-link
technology during trial testimony, (11) enhancing legal aid for children, and (12) conducting
regular debriefing for officers to reduce burnout. Finally, because children are less likely thanadults to report abuse by filing a formal complaint, law enforcement agencies require legislative support to investigate abuse based on suspicion

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Observation Visits

Date

Agency/Institution

Main Persons Concerned

25 MayMinistry of Justice		• Mr. IWAKI Mitsuhide(Minister of Justice)

27 MayYokohama District Court		• Mr. TAKAHASHI Hironori(Senior Officer)

Yokohama District Family Court		• Mr. KAWAHARA Toshiya(Judge)2 Jun.
Tokyo Metropolitan Comprehensive		Child and Family Services Centre• Mr. KURIHARA Hiroshi(Section Head)

10 Jun.
SHISEI GAKUEN Children’s Home		• Mr. TAKAHASHI Hisao(Excecutive Director)

16Group Study Tours

Date

Location

Agency/Institution

Main Persons Concerned

10 Jun.
Hiroshima
Hiroshima Juvenile
			Classification Home

• Mr. OKINAKA Yuzo
(Director)

11 Jun.
Osaka
Osaka High Public			Prosecutors Office• Mr. ITAMI Toshihiko(Superintendent Public Prosecutor)		Osaka District Public			Prosecutors Office• Mr. UENO Yuji
(Superintendent Public Prosecutor)

12 Jun.
Osaka
Osaka Prison			• Mr. WATANABE Shotaro(Warden)17
Special Events

18 May	 20, 23, 24 May

Welcome Party     Japanese Conversation Classes      The overseas participants attended three Japanese conversation classes and learned
practical Japanese expressions. The sensei (teachers) were Ms. KOIKE Keiko and Ms.
KOHNO Keiko from EP academy.
21 May	 Grand Sumo Tournament Visit and ACPF Kisei Branch Party    

Following a tour of Ryogoku, including a visit to the Edo-Tokyo Museum, the participants attended the Grand Sumo Tournament at the Ryogoku Kokugikan, Tokyo. They later
enjoyed a party hosted by the Kisei Branch of the ACPF held at the Daiichi Ryogoku Hotel.
25 May	 Courtesy Call to the Minister of Justice
andReception by the Vice-Minister of Justice    At the conclusion of their courtesy visit to the Minister of Justice, Mr. IWAKI Mitsuhide,a reception was held for the participants by the Vice-Minister of Justice, Mr. INADA Nobuo,
at the Danwa-shitsu lounge on the 20th floor of the ministry building, overlooking Hibiya
Park.
27 May	 Yokohama Dinner Cruise    The participants enjoyed a sunset cruise and dinner aboard the Marine Rouge, hosted by
the ACPF Yokohama branch.
28 May 	 Horse Racing    The participants enjoyed watching horse racing at Tokyo Racecourse, kindly hosted by
Mr. MORI Yasuhiro, ACPF member.
UNAFEI International Table Tennis Tournament

3 Jun.

    The UNAFEI Table Tennis Tournament was held in the auditorium. Mixed teams of international participants, Japanese participants and UNAFEI faculty and staff were formed, andcompeted against each other. Team B won the championship.
7 Jun. 	 

The Way of Tea (Tea Ceremony)    The participants participated in a “cha-no-yu” or “sado”, a formal Japanese tea
ceremony, kindly hosted by Soroptimist International Tokyo, Fuchu.
22 Jun.	 

Farewell Party

A party was held to bid farewell to the participants.

    

18
Reference Materials
UNAFEI’S 163RD INTERNATIONAL TRAINING COURSE
LIST OF REFERENCE MATERIALSI.

United Nations Conventions and Related Documents
1.

United Nations Convention on the Rights of the Child (UNCRC)
1-2 Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
1-3 Optional Protocol to the Convention on the Rights of the Child on the sale ofchildren, child prostitution and child pornography

II.

2.

Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime

3.

Justice in Matters Involving Child Victims and Witnesses of Crime Model law andRelated Commentary

4.

United Nations Model Strategies and Practical Measures on the Elimination ofViolence against Children in the Field of Crime Prevention and Criminal JusticeJapanese Law
1.

Penal Code2.

Code of Criminal Procedure

3.

Rules of Criminal Procedure (Excerpt)

4.

Act on Regulation and Punishment of Acts Relating to Child Prostitution and Child
Pornography, and the Protection of Children

5.

Act on the Prevention, etc. of Child Abuse

6.

Child Welfare Act

7.

Civil Code (Excerpt)

19
Expert and Participant List
Visiting Experts
Dr. Sita SUMRIT

Chief of Women and Children Empowerment
Programme
Thailand Institute of Justice (TIJ)
Thailand

Ms. Tracy LIU

Child Protection Advisor
NCA CEOP Command / Child Protection Team
United Kingdom

Overseas Participants
Ms. LIZA Mahfuza

Assistant Superintendent of Police
Police Headquarters
Bangladesh Police
Bangladesh

Mr. DORJI Urung

Officer Commanding
Royal Bhutan Police
BhutanMr. SUIAMA Sergio Gardenghi

Federal Prosecutor
Rio de Janeiro Prosecution Service Office
Federal Prosecution Service of Brazil
BrazilMs. N'GORAN Marie Estelle Bomo

Deputy State Prosecutor at the Court of Adzope
Office of the Prosecutor at the Court of Abidjan
Ministry of JusticeCote d'Ivoire

Mr. MORSY Abdelalim Farouk

Senior Public Prosecutor
Supreme State Security Prosecution
Public Prosecution
Egypt

20
Mr. DANSOKO Dondon

Deputy Central Police Superintendent
Central Police Station of the Commune of Dixinn
Ministry of Security and Civil Protection
GuineaMr. ALMAJALI Ref'at Nayel

Head of Planning and International Cooperation
Division
Public Security Secretariat
Public Security Directorate
JordanMs. GICHANA Zipporah Wawira

Resident MagistrateChildren's Court - Family Division
Kenya

Ms. MWANGI Maryanne Njeri

Principal Prosecution Counsel
County Affairs and Regulatory Prosecution
Office of the Director of Public Prosecution
Kenya

Mr. CHANTHAPANYA Vanhnakone

Director of Legal Opinion Division
Legal Affairs Department
Ministry of Justice
Lao PDR

Ms. YUSOF Zamrosni

Senior Investigation Officer
Crime Investigation Department
Royal Malaysia Police
Malaysia

Ms. YUSOP Yusnany

Investigation Officer
Crime Investigation Department
Royal Malaysia Police
Malaysia

Ms. THOIFA Mariyam

Unit Head
Prosecution Department, Family and Child Unit
Prosecutor General's Office
Maldives

21
Mr. FOFANA Bandiougou

Republic Attorney
Tribunal of Mopti
Ministry of JusticeMali

Ms. NYAMSUREN Munkhtuya

Specialist
Legal Reform Department
Ministry of Justice
Mongolia

Mr. Soe Myint Lay

Assistant Director
Law Department
Bureau of Special Investigation
MyanmarMr. SHARMA Yadunath

District Attorney
District Government Attorney, Palpa
Office of the Attorney General
Nepal

Mr. MAJEED RashidDistrict and Sessions Judge, BaghHigh Court (Government of AJK)
Pakistan

Mr. KUMARARATNAM Prabaharan

Deputy Solicitor General
Criminal
Attorney General's Department
Sri Lanka

Ms. SANGVIROON Soracha

Judge
Nakhonratchasima Provincial Court
Court of Justice
ThailandMr. VIPOLCHAI Nisit

Public Prosecutor
The Office of Provincial Wiengsra
The Office of the Attorney General
Thailand22
Mr. KHUSANOV Anvar

Chairman Judge
Yashnabad District Court on Criminal Matters
Uzbekistan

Mr. NGUYEN Hoanh Dat

Vice Head of Division of Mutual Legal Assistance
Department for International Cooperation and
Mutual Legal AssistanceSupreme People's Procuracy of Viet Nam
Viet NamJapanese Participants
Mr. AKISHINO Kuniharu

Specialist for New Psychoactive Substances
Narcotic Control Department
Kanto-Shinetsu Regional Bureau ofHealth and Welfare

Mr. HOSONO Takahiro

Judge
Osaka High Court

Ms. KOBAYASHI Reiko

Judge
Tokyo District Court

Mr. NAKAMIZO Tsukushi

Coast Guard Officer
11th Regional Coast Guard Headquarters

Ms. NODA Ayaka

Chief Inspector
National Police Agency

Ms. SAKURAI Tomoko

Public Prosecutor
Osaka District Public Prosecutors Office

Mr. TAKAI Kentaro

Public Prosecutor
Yamagata District Public Prosecutors Office

23
INFORMATION ABOUT FORTHCOMING PROGRAMMES
1. 		The Joint Study on the Legal Systems of Japan and Viet Nam 2016 RTI - SPP
Exchange Programme (Japan Session)
In July 2016, UNAFEI will host The Joint Study on the Legal Systems of Japan and VietNam 2016 RTI - SPP Exchange Programme in Tokyo, Japan. The Programme will explore therecent amendments to the Vietnamese Code of Criminal Procedure.
2. 		 The Tenth Good Governance Seminar for Southeast Asian Countries
From 26 to 28 July 2016, UNAFEI will host the Tenth Good Governance Seminar in
Yogyakarta, Indonesia. The main theme of the Seminar is “Contemporary Measures for
Effective International Cooperation”. Government officials from across Southeast Asia andJapan as well as visiting experts and lecturers will attend the seminar to present on the statusof corruption in their countries, and they will share best practices and strategies to counter corruption through international cooperation.
3. 		 The 164th International Training Course
From 17 August to 23 September 2016, UNAFEI will host the 164th International
Training Course in Tokyo, Japan. The main theme of the Course is “Effective Measures for
Treatment, Rehabilitation and Social Reintegration of Juvenile Offenders”. Government
officials from across Southeast Asia and other parts of the world, including Japan, and visiting
experts and lecturers will attend.
4. 		 The 19th UNAFEI UNCAC Training Programme
From 12 October to 17 November 2016, UNAFEI will host the 19th UNAFEI UNCAC
Training Programme in Tokyo, Japan. The theme of the Programme is “Effective Anti-Corruption Enforcement (investigation and prosecution) in the area of procurement”. Visiting experts,
lecturers and government officials from Japan and around the world will attend.

24
ADMINISTRATIVE NEWS
Faculty Changes
Mr. YAMASHITA Terutoshi, formerly the Director of UNAFEI, was transferred to theSupreme Public Prosecutors Office on 11 April 2016.
Mr. SENTA Keisuke, formerly the Chief Prosecutor of the Saga District Public Prosecutors Office, was appointed as Director of UNAFEI on 11 April 2016. He was Deputy Directorof UNAFEI from 2005 to 2007.
Mr. MORIYA Kazuhiko, formerly a professor of UNAFEI, was transferred to the
Kurume Branch of the Fukuoka District Public Prosecutors Office on 1 April 2016.
Mr. YAMADA Masahiro, formerly manager at the Itami branch of the Kobe District
Public Prosecutors Office, was appointed as a professor of UNAFEI on 1 April 2016.
Mr. HIROSE Yusuke, formerly a professor of UNAFEI, was transferred to theTachikawa Branch of the Tokyo District Court on 1 April 2016.
Mr. HIRANO Nozomu, formerly a judge in the Nagoya District Court, was appointed asa professor of UNAFEI on 1 April 2016.
Mr. NAGAI Toru, formerly a professor of UNAFEI, was transferred to Chiba Prison on
1 April 2016.
Ms. YAMAMOTO Mana, formerly a psychologist in the classification division at the
Fuchu Prison, was appointed as a professor of UNAFEI on 1 April 2016. She is an alumna of
the 151st International Training Course.
Overseas Trips by Staff
Deputy Director MORINAGA Taro and Professor YOSHIMURA Koji visited Bangkok,
Thailand and Yangon, Myanmar to research the criminal justice systems in Myanmar and to
discuss the “Myanmar Country Programme” with related organizations.
Professor YUKAWA Tsuyoshi visited Hanoi, Viet Nam and Yogyakarta and Jakarta,
Indonesia to discuss the “Tenth Regional Seminar on Good Governance for Southeast AsianCountries” with related organizations.
Professor YOSHIMURA Koji visited Seoul, Korea from 13 to 19 March 2016 to attend
the 5th Asian Conference of Correctional Facilities Architects and Planners (ACCFA).
Professor YUKAWA Tsuyoshi visited Bangkok, Thailand from 11 to 13 May 2016 toattend the Expert Meeting on the Nexus between Organized Crime and Terrorism as a threat toSecurity and Development hosted by the United Nations Interregional Crime and Justice
Research Institute (UNICRI) and the Thailand Institute of Justice (TIJ).
Director SENTA Keisuke and Deputy Director MORINAGA Taro visited Vienna,
Austria from 23 to 27 May 2016 to attend the 25th Session of the Commission on Crime Prevention and Criminal Justice.

25
FACULTY AND STAFF OF UNAFEI
Faculty:
Mr. SENTA Keisuke
Mr. MORINAGA Taro
Ms. WATANABE Ayuko
Mr. YAMADA Masahiro
Mr. YUKAWA Tsuyoshi
Mr. HIRANO Nozumu
Mr. YOSHIMURA Koji
Mr. WATANABE Hiroyuki
Ms. YAMAMOTO Mana
Mr. MINOURA Satoshi
Ms. AKASHI Fumiko
Mr. Thomas L. SCHMID

Secretariat:
Mr. JIMBO Katsuhiko
Mr. SHOJIMA Naoki
Mr. ITO Jin

Director
Deputy Director
Professor
163rd Course Programming Officer
Professor
163rd Course Deputy Programming Officer
Professor
Chief of Training Division
Professor
Professor
Professor
Chief of Information and Public Relations
Professor
Chief of Research Division
Professor
Professor
Linguistic Adviser

Chief of Secretariat
Chief of General and Financial Affairs Section
Chief of Training and Hostel Management Affairs
SectionGeneral and Financial Affairs Section:
Mr. MIYAGAWA Wataru
Senior Officer
Mr. OZAWA Yoichi
OfficerMs. ODA Michie
OfficerMr. FURUHASHI Yasuhiko
OfficerTraining and Hostel Management Affairs Section:
Mr. UEKI KatsuhikoSenior Officer
Ms. SATO Marie
Senior Officer
Ms. HANDO Mayumi
Senior Officer
Mr. OHNO Kuniaki
Officer

26
Ms. EMA Ayako

Officer
163rd Course Assistant Programming Officer

International Research Affairs Section:
Mr. HANEDA Jun
OfficerMs. IWAKATA Naoko
Librarian

Secretarial Staff:
Ms. YAMADA Hisayo

Officer

Kitchen:Ms. ODAGIRI Maki

Chef

JICA Coordinators for the 163rd International Training Course:
Ms. KITA Chizuko
JICA
Ms. YAMAMOTO Miki
JICA

UNAFEI Home Page: http://www.unafei.or.jp/
UNAFEI E-mail: unafei@i.moj.go.jp