CCTV Shields Children Against Conventional Investigation Procedures in Cases of Sexual Abuse
10-09-2023
The Family Protection and Juvenile Department has introduced a new technique aimed at sparing victims of “indecent assault” and sexual assaults, particularly children, from the conventional investigation procedures. This approach is designed to provide them with a sense of safety and comfort, shielding them from potential psychological harm. It ensures their readiness to provide statements and testimonies following the necessary evaluation conducted by specialists.
The Department revealed the implementation of the Closed-Circuit Television (CCTV) technology in 18 cases it handled and referred to the judiciary since late 2022. This included conducting interviews with 11 female victims and 7 male victims among the juveniles involved in those cases during the investigation phase with the public prosecutor for “indecent assault” crimes.
Since the activation of CCTV on November 21, 2022, the Department has been working to provide a safe environment for children who are victims of indecent assault and sexual assaults through this technology, involving both victims and witnesses. There is a concerted effort to expand its application to maximize the children's best interests by integrating this technology into the other field sections at the Family Protection and Juvenile Department. It will be linked with the courts and specialized public prosecutor offices in the upcoming phase, according to exclusive statements to “Al-Ghad”.
The introduction of this technology marks a qualitative leap in activating the legal texts and measures for the protection of child victims and enhancing the system of juvenile justice in cases of sexual assault. This aligns with the amendments to the Criminal Procedure Law of 2017, where Article 158 mandates the obligatory use of this technology for the testimonies of victims of indecent assault cases, including those under the age of eighteen when providing their statements, as well as hearing the statements of child witnesses using this technology.
Regarding this matter, the Department stated that the total number of cases dealt with by the "Family Protection and Juvenile Department " since introducing the CCTV on November 21, 2022, which have been referred to the judiciary, is 18 cases. The number of victims interviewed using this technology in these cases includes 7 males and 11 females.
This technology encompasses cases of sexual assaults falling under the jurisdiction of the Grand Criminal Court. According to the Department, its use has "mitigated" the psychological suffering and trauma experienced by the child victim in these cases. This is achieved by avoiding the child's confrontation with the perpetrator during the initial stages of investigation by the public prosecutor. It enhances the child's sense of safety and comfort, ensuring privacy and sparing them from routine investigative procedures that might subject them to fear and embarrassment.
This technology has also, according to the Family Protection and Juvenile Department, managed to "minimizing the child's repetition of narrating the assault incident, distancing them from mingling with court visitors and individuals with previous convictions present in the offices and facilities of those courts.
In a related context, the Department outlined the practical implementation of the technology, indicating that a dedicated room has been established within the Department in the southern and central regions of Amman. This room is specifically designed for conducting interviews with child victims using CCTV, equipped with the necessary technical resources.
Based on the social and psychological assessment of the childvictim, recommendations are made regarding their readiness to provide testimony. Coordination is established with the court judge or prosecutor to provide them with all relevant information and risk factors. Opinions are expressed regarding the ability of the child victim or witness to testify, and suitable conditions are arranged to ensure the accuracy of their statements or testimony.
Jordan is considered a pioneering country in the region in implementing this technology. The government highlighted, during its discussion of the sixth periodic report on the status of children's rights in Jordan before the UN Committee on the Rights of the Child in February 2023, the initiation of the use of this technology to ensure that children provide their statements freely and without facing any "pressure or consequences
The activation of this technology is also anticipated to be featured in the national report on the human rights situation. This report, initially scheduled for submission yesterday to the Jordanian mission in Geneva, will subsequently be submitted to the Human Rights Council. The discussion of the report is slated for January 2024 as part of the fourth comprehensive periodic review of human rights in Jordan.
In early 2018, an agreement was inked among the National Council for Family Affairs, the Jordanian Judicial Council, the Ministry of Justice, and the Public Security Directorate. Supported by UNICEF and the United Nations High Commissioner for Refugees (UNHCR), the agreement was designed to operationalize and deploy this technology.
Hence, researcher Naela Al-Saraireh, the Legislative Development Director at the National Council for Family Affairs (NCFA), emphasized that the utilization of this technology aims to elicit testimony from witnesses and child victims of violence in an environment removed from negative psychological influences, and to ensure the provision of social and psychological support services needed by the child, serving their best interests and reinforcing the protection system against violence.
Al-Saraireh, stated to "Al-Ghad" that last year, in collaboration with said entities, the Council conducted a trial experiment for remote trials and investigations using the same technology within the Grand Criminal Court, the Public Prosecution Department, and the Family Protection and Juvenile Department. This implementation followed the Council's collaboration with the UN High Commissioner for Refugees to develop a training manual on utilizing modern technology in trial and prosecution procedures.
She emphasized that this guide was developed "to activate the technology and contribute to building the institutional and individual capacities of those working in this field." Furthermore, it aims to improve coordination among all relevant entities in applying modern technologies and outline the roles assigned to each party. The guide clarifies the conceptual framework for using technology in trial, prosecution, and litigation procedures. It also outlines the legal framework regulating its use, application requirements, cases where technology use is permissible, and obstacles hindering its optimal implementation.
This technology signifies a positive advancement in delivering protection and care services for children. It also underscores collaboration and harmonization among professionals from relevant institutions in this area, aligning with the stipulations of Article (158) in the Criminal Procedure Law, Article 22/I of the Juvenile Law for the year 2014, along with Article 12 from the Protection Against Family Violence Act for the year 2017, and Article (13) of the Anti-Human Trafficking Law for the year 2009. Al-Saraireh added.
On her part, the former judge in juvenile cases, Fidaa Al-Hmoud, stated that introducing modern technologies in general for hearing victims in cases of indecent assault is "extremely important" for various reasons. Among these are the "sensitivity of such cases" and the potential contradictions in the testimony of victims at different stages of legal proceedings due to the "psychological condition" of the victims. This is particularly relevant since doubt is interpreted in favor of the accused in criminal cases.
Regarding children, Al-Hmoud stated to "Al-Ghad" that activating the closed-circuit television technology (CCTV), in accordance with the Criminal Procedure Law and the amendments thereto, as well as supporting legislation, and documenting testimonies, where sometimes "the victim" is also the witness, helps alleviate the psychological impact on the victim. This prevents the victim from recounting the "incident" again and avoids the victim "falling into false testimony," which could lead to legal repercussions for the victim and the acquittal of the perpetrator.
Furthermore, Al-Hmoud, former head of the Legislation and Opinion Bureau, added, "In cases of sexual assaults, in particular, the crime is often committed in places far from sight, where only the perpetrator and the victim are present. The victim becomes the complainant, the victim, and the witness. This type of assault inflicts severe psychological harm, amnesia, and confusion on the victims. Documenting statements using this technology spares the child from conflicting statements, protecting them from being pursued by the perpetrator on charges of false testimony and preventing the criminals from escaping punishment”.
These "clear and admissible" statements enable public prosecutors and judges to listen to recorded testimonies and assess their value throughout all stages of the litigation. Al-Hmoud further explained.
