Child abuse Helping in the court

1. Child abuseHelping in the court County Court of Zagreb Juvenile judge Lana Petö Kujundzic

2. Child as a witness Where When With whom How How often 1

3. In praxis and legislation • in every case to consider the best interest of the child • to protect him of unnecessary long procedureson the court • make good examples • to use law in the best way 2

4. Goal and Objective • Protection of the abused child • the same principle in all cases • to take the child awayfrom the family or to help a family (with family law or criminal law)- where do we draw the line? • Adequate sanction for perpetrators 3

5. Today’s Situation • Act for Juvenile Courts (1997) has a good law but in reality judges and prosecutors are not specialized • Too many places where the child is examined • Too frequent examinations • Only one institution specialized for helping abused children • Not good coordination police-prosecutor-social welfare-juvenile court- family court-hospitals- • Association for juvenile, family judges and experts (2010) 4

6. How Did We Get Here? • 1998. Act for Juvenile Courts- some changes in 2002. and in 2011. • 2001. proposal to the Government • Good work on laws but not good enforcement because: • we do not have permanent education • insufficient coordination between institutions • insufficient investments in juvenile justice 5

7. Legislation in Croatia • Act for JuvenileCourtsfrom 1997/2011 • Speciallegislationaboutvictimchildren • Right to beheardinthe separate room withspecialist for children (must till 16 years) • Childrenattorney (must have for more seriouscrimes) • Right to have a personof trust • Canbeheardoutofthecourt, for exampleinChildProtectionCenter -

8. Legislation in Croatia • Act for Criminal Procedure • All children under the age of 14 – witnesses via video-link (must be in separate room from the court room) • Interrogation must be conducted very carefully, with caution • The perpetrator and his defence lawyer in the court room with the judge, and can ask questions through the psychologist (case Kovac v. Croatia, European Court of Human Rights) • On an exceptional basis – interrogating the child once more

9. Case - homicide of the child´s mother • Childwithintellectualproblems • Expertisewithpsychologistandpsychiatrist - can he be a witness? - understanding a rightnot to testimony • Court order to be a witnessinChildProtectionCenter • Observingtheinterview video inthecourtroom

10. Case - sexual abuse of a 5-year old girl by father • Preparation for wittnessing, information provided to child and mother • Judge, social welfare and specialist observing the interview in the Child Protection Center • Interview conducted by a psychologist and video taped • Observing the interview video in the courtroom • Connection with family court

11. Available Options • Family courts and juvenile courts in one, with specialized social workers and psychologists, separate rooms for children and technical support for audio/video recording • In big centers in the country with hospitals for children, groups of support and all the experts for the children as the Center for Children in Zagreb • State costsfor juvenile justice are low costs in other procedure 6

12. Recommendation • Juvenile justice as an equal branch of law in Ministry of justice and in Supreme court (in Law school) • The best practice should be shown and learned as in AJFJE • Judicial academy, Bar association and University, Law schools must take a leading role as NGO • To have statistics about the cases of child victims: • To create new needs • To reduce unnecessary acts • To raise public awareness • To propose a new law • To make evaluations of results 7