Forensic interview to children and adolescents victims of sexual offences, must comply with due process and respect for the superior interest of children

Decision C-177 of 2014

Forensic interview to children and adolescents victims of sexual offences, must comply with due process and respect for the superior interest of children.

The Colombian Constitutional Court concluded that the forensic interview to children and adolescents who are victims of sexual offences, does not disregard the right to equality, due process, defense, adversarial proceedings, or the right to access to justice, since the interview is conducted in accordance with the principle of best interests of the child and the pro infans principle. Additionally, the Court specified that the interviews, interrogations or cross-examinations made to a minor, particularly in the case of a victim of sexual offences, must be conducted by professionals trained to understand human behavior such as psychologists, experts on family topics, social workers, etc. The interview to the minor must be made by the professionals in a relaxed and informal atmosphere, that even could include playful activities appropriate to the age of the child. This will allow that the child feels confident and can express himself spontaneously. No pressures must be exerted during the interview in order to avoid the revictimization of the minor.

Other Decisions: T-117 / 2013 y T- 078/ 2010