Protection of safety of physical or psychological well-being of victims, witnesses and families

Afghanistan

Afghanistan - Criminal Procedure Code 2014 EN

Chapter 5 Testimony

Testimony of a Minor

Article 39:

(1) Testimony of a child younger than 14 years of age who is able to recognize the situation and incidents shall be heard for information gaining purposes only without taking an oath.

(2) A child described in paragraph (1) of this article shall be questioned as a witness by the prosecutor and judge only in the presence of his/her parents or legal representative.

(3) The litigants may ask the prosecutor or the presiding judge to let them question the witness in relation to the case providing that the questions will not harm the psychological status of the witness.

Chapter 5 Testimony

Testimony of a Person with a Mental Disorder

Article 40:

If there is a question in the psychological and mental status, or thinking ability, of a witness, the prosecutor and court shall hear the witness testimony in the presence of the witness’s physician or psychiatrist.

Rome Statute

Article 87 Requests for cooperation: general provisions

4. In relation to any request for assistance presented under this Part, the Court may take such measures, including measures related to the protection of information, as may be necessary to ensure the safety or physical or psychological well-being of any victims, potential witnesses and their families. The Court may request that any information that is made available under this Part shall be provided and handled in a manner that protects the safety and physical or psychological well-being of any victims, potential witnesses and their families.