B. INITIATION AND PROGRESS OF PUBLIC PROSECUTION
40. Preliminary investigation
40. 1. Warning system and reporting sexual violence
a. States must implement a simple, rapid and efficient mechanism to warn of or report any act of sexual
violence to the appropriate authorities (police or investigative services). This mechanism must guarantee
the security of victims and witnesses (especially through measures to ensure the anonymity of witnesses)
and to take into account the constraints that victims face (possibility that they do not have access to their
identification and civil status documents). There should be no prerequisite that the victim must provide a
medical certificate or any other type of proof that the sexual violence has taken place in order to file a
complaint or for the complaint to be admissible.
b. Before a complaint is filed, victims must be fully informed of the consequences of filing it. At a minimum,
the reporting mechanism must incorporate toll-free emergency helplines (as mentioned in guideline 21)
and special forms available for reporting acts of sexual violence at health centres, hospitals, police offices,
associations and at the premises of any other appropriate entity. These forms must have clear and nondiscriminatory questions, and where required, victims or witnesses of sexual violence must be offered help
from a qualified person to fill out the forms. These forms must be able to be filled out directly on-line at the
relevant websites, if possible. Filling out the forms must not be a prerequisite to gaining access to medical
and forensic services.
c. States must guarantee that these warning and reporting mechanisms for acts of sexual violence are
available and accessible throughout the entire territory, especially in remote areas. The information on
the existence and operations of these mechanisms, and on the procedures that will follow once they are
activated, must be available and accessible throughout the country in the main languages and dialects
spoken there.
d. Through the creation of specific penal policies, States must ensure that any complaint or notification by
a victim of an act of sexual violence automatically triggers an official investigation.
40. 2. Specialized investigation and prosecution units
a. States must put in place or, where applicable, strengthen specialized investigative units for acts of sexual
violence within the police and in the justice system, including in training for investigators, prosecutors and
judges). These units will promote a coordinated and integrated approach while respecting the fair trial
rights of the accused and ensure the effectiveness of the investigation and prosecution process, especially
where children are involved. These units will also serve to improve the quality of services and encourage
victims and witnesses to testify and/or file complaints in a climate of trust and confidence.
b. These units must have specialized personnel, including but not limited to criminal investigation officers,
doctors, nurses, midwives, psychologists, investigating judges, prosecutors, and interpreters. All personnel
must be specifically trained and accredited in techniques for interviewing victims and gathering and
preserving forensic evidence related to acts of sexual violence as well as in methods for supporting victims
and witnesses.
c. The personnel of these specialized units must ensure that victims and witnesses are informed through all
phases of the proceedings, including, where applicable, during medical and forensic procedures. Beginning
with the preliminary investigation, victims and witnesses should be informed of their rights, especially the
GUIDELINES ON COMBATING SEXUAL VIOLENCE
AND ITS CONSEQUENCES IN AFRICA
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