Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

216 PRACTITIONERS GUIDE No. 12
Investigations and prosecutions
Evidence gathering and investigation: policing
Witness evidence alone, at least as confined only to the
accused and the victim, is often not sufficient to establish a
sustainable criminal case. Therefore, in conducting
investigations it is important that witness evidence be
supplemented with other information, for example
photographic documentation of injuries and video footage of
the victim when the police are first called to attend, which can
show the shocked or frightened demeanour of the victim.
Emergency calls to the police should be recorded, and
emergency telephone operators must be trained to take calls in
detail and communicate effectively with victims. It is also
important for investigators to take photographs of potentially
relevant material conditions or objects, such as the disorder in
a room where violence took place, or the destruction of
property. 569
As well as witness statements from the victim and the
perpetrator, it is important to take witness statements from
family and friends and professionals dealing with the victim and
perpetrator, such as social workers and doctors. 570 The CEDAW
Committee has called on States to “develop protocols for police
and healthcare providers for the collection and preservation of
forensic evidence in cases of violence against women; and train
sufficient numbers of police and legal and forensic staff to
competently conduct criminal investigations”. 571
In cases of domestic violence alleged to have been perpetrated
as part of a long-term pattern of practice, police should be
trained to take details of the history of violence and to be
especially aware of any patterns of abusive conduct
characterized by coercion or control imposed on the victim by
569
CEDAW General Recommendation No 33, “General
recommendation on women’s access to justice”, UN Doc
CEDAW/C/GC/33 (2015), paragraph 51(i).
570
Ibid, paragraph 51(i).
571
Ibid, paragraph 51(k).