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

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V<br />

WOMEN’S ACCESS TO JUSTICE FOR GENDER-BASED VIOLENCE 231<br />

and defendants, separate entrances and exits,<br />

police escorts and staggered arrival and departure<br />

times. 618<br />

‣ Similarly, the Istanbul Convention requires that<br />

States ensure that “contact between victims and<br />

perpetra<strong>to</strong>rs within court and law enforcement<br />

agency premises is avoided where possible”. 619<br />

<br />

Use of technology <strong>to</strong> facilitate safe testimony for<br />

victims.<br />

‣ The CEDAW Committee has recommended that<br />

women subject <strong>to</strong> violence should be able <strong>to</strong> give<br />

testimony remotely or via communication<br />

equipment when this is necessary <strong>to</strong> protect her<br />

privacy, safety and other human rights, provided<br />

that this is in accordance with the defendants rights<br />

<strong>to</strong> fair trial proceedings. 620<br />

‣ The Istanbul Convention also requires that States<br />

enable “victims <strong>to</strong> testify, according <strong>to</strong> the rules<br />

provided by their internal law, in the courtroom<br />

without being present or at least without the<br />

presence of the alleged perpetra<strong>to</strong>r, notably through<br />

the use of appropriate communication technologies,<br />

where available”. 621<br />

<br />

Use of closed court proceedings.<br />

‣ The CEDAW Committee has recommended that<br />

court proceedings, including the testimony of<br />

women subject <strong>to</strong> violence, can be held completely<br />

or partially in privacy, where this is necessary <strong>to</strong><br />

618<br />

UN Handbook for Legislation on Violence against Women, above<br />

note 511, page 40.<br />

619<br />

Istanbul Convention, above note 509, Article 56(1)(g).<br />

620<br />

CEDAW General Recommendation No 33, above note 569,<br />

paragraph 18(f).<br />

621<br />

Istanbul Convention, above note 509, Article 56(1)(i).

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