CETS 201 – Protection of Children against Sexual Exploitation and Sexual Abuse, 25.X.2007
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c
interviews with the child are carried out by professionals trained for this purpose;
d
the same persons, if possible and where appropriate, conduct all interviews with the
child;
e
the number of interviews is as limited as possible and in so far as strictly necessary for
the purpose of criminal proceedings;
f
the child may be accompanied by his or her legal representative or, where appropriate,
an adult of his or her choice, unless a reasoned decision has been made to the contrary
in respect of that person.
2
Each Party shall take the necessary legislative or other measures to ensure that all interviews
with the victim or, where appropriate, those with a child witness, may be videotaped and that
these videotaped interviews may be accepted as evidence during the court proceedings,
according to the rules provided by its internal law.
3
When the age of the victim is uncertain and there are reasons to believe that the victim is a
child, the measures established in paragraphs 1 and 2 shall be applied pending verification of
his or her age.
Article 36 – Criminal court proceedings
1
Each Party shall take the necessary legislative or other measures, with due respect for the
rules governing the autonomy of legal professions, to ensure that training on children’s rights
and sexual exploitation and sexual abuse of children is available for the benefit of all persons
involved in the proceedings, in particular judges, prosecutors and lawyers.
2
Each Party shall take the necessary legislative or other measures to ensure, according to the
rules provided by its internal law, that:
a
the judge may order the hearing to take place without the presence of the public;
b
the victim may be heard in the courtroom without being present, notably through the use
of appropriate communication technologies.
Chapter VIII – Recording and storing of data
Article 37 – Recording and storing of national data on convicted sexual offenders
1
For the purposes of prevention and prosecution of the offences established in accordance
with this Convention, each Party shall take the necessary legislative or other measures to
collect and store, in accordance with the relevant provisions on the protection of personal data
and other appropriate rules and guarantees as prescribed by domestic law, data relating to
the identity and to the genetic profile (DNA) of persons convicted of the offences established
in accordance with this Convention.
2
Each Party shall, at the time of signature or when depositing its instrument of ratification,
acceptance, approval or accession, communicate to the Secretary General of the Council of
Europe the name and address of a single national authority in charge for the purposes of
paragraph 1.
3
Each Party shall take the necessary legislative or other measures to ensure that the
information referred to in paragraph 1 can be transmitted to the competent authority of
another Party, in conformity with the conditions established in its internal law and the relevant
international instruments.
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