Initiation of criminal proceedings and investigation is the most difficult period for survivors and victims. The interrogation per se is the repeated traumatisation of the minor who has experienced the sexualised abuse. The child has to go through the traumatic experience again by going back to the situation of abuse. Such interrogations are usually held not one or two times.
According to Dinara Davletbaeva, director of the Centre for Children Surviving Abuse and Ill-Treatment (Kyrgyzstan), sometimes investigators do not prepare for interrogation in advance, miss important moments, and repeatedly call the child to ask additional or clarifying questions.
"As to judges, they are led by defendants' lawyers, call children in for questioning, although all circumstances are clear and records of interrogations are on file," she said.
Not all Central Asian countries have detailed procedures for investigation of cases of sexualised child abuse. And even if norms of child-friendly procedure are available on paper, they are not used in practice.
According to lawyer
Dilafruz Samadova, Tajikistan has no special protocol, and such cases are investigated on general grounds, while forensic examination of the hymen in girls is performed by men.
"In one of my cases, mother told me that the girl was seated on a special chair and was forced to spread her legs so that male doctors could check the abuse victim's hymen. No preliminary talks had been carried out with the girl, no female experts were present, no psychologist was there to support the girl." Dilafruz Samadova, lawyer According to lawyer
Khudoinazar Artykov, the capacity of law enforcement officers in such cases does not always enable them to evaluate correctly the incidents and to qualify the perpetrator's actions properly. Facts of abuse are often qualified as non-violent sexual actions, even if the child is young. As a result, the abuser gets mild punishment or released.
Not to aggravate the condition of the child who experienced sexualised abuse, psychologist
Nargis Toimastova recommends all participants of the investigative process to abide by the following rules:
Trust the child and accept him/her. Specialist should be prepared to meet with "weird" children.
- Be empathic and understanding;
- Have skills and experience of communicating with children and be careful of what and how they tell;
- Ensure psychological support;
- Keep confidentiality.
The last recommendation is rarely followed in Central Asian states – names of minors and details of the investigation are disclosed, cases are not always considered in closed sessions.
"Because details of cases are disclosed, the society learns the names of the victim and the suspect, and bullying occurs. And people lose trust in the law enforcement bodies," Artykov said.
According to
Elena Zaichenko, coordinator of the UNICEF programme for protection of children in the Kyrgyz Republic, in Kyrgyzstan police officers receive biography of the victim from school and neighbours. So, confidentiality is out of question.