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WITNESS PROTECTION IN MYANMAR

WITNESS PROTECTION IN MYANMAR. Than Htwe (Deputy Director) Win Min Htun (Staff Officer) Office of the Union Supreme Court Myanmar. Introduction. “To dispense justice in open court unless otherwise prohibited by law”

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WITNESS PROTECTION IN MYANMAR

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  1. WITNESS PROTECTION IN MYANMAR Than Htwe (Deputy Director) Win Min Htun (Staff Officer) Office of the Union Supreme Court Myanmar

  2. Introduction • “To dispense justice in open court unless otherwise prohibited by law” • Administration of justice is done in open court for ordinary situations. When special occasions demand, the judges may adjudicate the case in any private room or by any other suitable way for the best interest of witness and victims. (BCM Para 21)

  3. EXAMINATION OF WITNESS AND VICTIMS IN CAMERA • Witness and victims in some abhorrent offences may be the child, minor and girls who are in need of special protection • The judge may direct anyone who is not relevant with the case to leave from the court room or he may take any other suitable protection that is reasonable for the interest of the witness and victims. (Cr PC,S.352) • The Judge or Magistrate take into consideration deeply about the cause of committing the offence, the physical and mental situation of the victim, the future interest for the victim, and other circumstances which are required to be taken into consideration in the interest of the victims.

  4. PROTECTION GIVEN BY THE SPECIAL LAW • The Child Law, 1993 • The Anti-Trafficking in Persons Law, 2005

  5. Protection for child victims • Trying the case in a separate court or a building (S.42 (a)) • Directing anyone who is present at the place of trial, including the child to leave the court at any time during the trial of the case, if it is considered to be necessary in the interest of the child (s.43 (a)) • Prohibiting the inserting and announcing of information revealing the identity of a child who is participating as a witness in any case, in the radio, television, newspapers, magazines, journals and publications and displaying and making use of the photograph of the child. (S.66 (e))

  6. PROTECTION FOR TRAFFICKING IN PERSONS • Conducting the trial of offences of trafficking in persons in camera for the preservation of the dignity, physical and mental security of trafficked women, children and youth (S.11 (a)) • Prohibiting the publication news at any stage of investigation, prosecution, adjudication without the permission of the relevant Body for the Suppression of Trafficking in Persons (S.11 (b)) • Not allowing to peruse or make copies of documents contained in the proceedings by any person not involved in the case (S.11 (c))

  7. PROTECTION FOR TRAFFICKING IN PERSONS • Arrangement by the Central Body • Making necessary arrangements for the preservation of dignity, physical and mental security of the trafficked women, children and youth. • Giving special protection of their dignity and identification • No Taking action against the trafficked victims (S.12)

  8. THANK YOU FOR YOUR ATTENTION

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