English - CEDAW Southeast Asia

CEDAW and the Law:
Protection
The right to request procedure-conducting bodies to protect denouncers when they are intimidated,
harassed or revenged is guaranteed in Article 335(1)(b) of the Criminal Procedure
Code. Article 33 of the code identifies procedure-conducting bodies as investigating bodies,
procuracies and courts. In particular, investigating bodies must apply necessary measures to
protect the offence denouncers. 165
This right is very important in cases of GBV where there is fear of retribution or further
violence for the institution of a case. In relation to this, there should be a wide range of protective
measures available to victims, most especially women victims. Protective measures must
go beyond deterrent measures, which are put in place by the investigating bodies, when there
are grounds to show that the accused will cause difficulties to the investigation, prosecution or
adjudication, or would continue committing offences, or when necessary to secure judgment
execution. These deterrent measures are limited to arrest, custody, temporary detention, ban
from travel outside one’s own residence, guarantee, and deposit of money or valuable property
as bail. 166
Also, victim protection programs should be established that provide not simply protection
to the victim, but other services that can address the victim’s needs, such as medical treatment,
counselling, shelter, and job or livelihood training, depending on the circumstances of
the case. This is because in many cases where victims experience violence, the need for protection
is not limited to protection of bodily integrity alone.
Recommendation: Protective measures for the victim must go beyond the deterrent
measures elaborated in Articles 79-94 of the Criminal Procedure Code. Protective
measures must include other measures of protection and be immediately available at
any stage of the proceedings, especially in cases of violence. This may entail prohibiting
the accused from approaching the victim or the victim’s family, being within the victim’s
vicinity, or contacting the victim directly or indirectly. A victim protection program
should also be established, which in addition to protection, must also provide services
needed by the victim of violence, such as medical treatment, counselling and shelter.
See recommendations in Part V.1.3.6 and Part V.4.3.
Privacy and confidentiality
86
The guarantees of privacy and confidentiality are important, especially for those who are subjected
to GBV. In addition to protecting victims from harm or retribution, these guarantees also
avoid re-victimization of victims due to stigmatization of women by society. Article 335 of the
Criminal Procedure Code provides, as among the rights of denouncers, the right to request the
confidentiality of names, addresses and autographs. It must be kept in mind that in certain circumstances,
such as in cases of GBV, it may also be necessary not only to keep the names,
addresses and autographs confidential, but also other information concerning the identity of
the denouncer or victim.
165
Criminal Procedure Code, Article 105
166
Ibid., Article 79
Review of key legal documents and compliance with CEDAW