English - CEDAW Southeast Asia

CEDAW and the Law:
Confrontation
In civil cases, Article 88 of the Civil Procedure Code states that judges may conduct confrontations
between the involved parties, among witnesses and between involved parties and witnesses.
This can be done at the request of the parties or when contradictions exist in the testimonies.
Although confrontations are a means of resolving contradictions in evidence, it is important
to ensure that one party to the confrontation is not subjected to violence, unduly influenced
or coerced by the other party. Where one party had been subjected to violence, especially
domestic violence, by the other party, alternatives to face-to-face confrontation may be
explored to ensure a fair and impartial confrontation.
Recommendation: In cases of confrontation in civil cases under Article 88 of the
Civil Procedure Code, due regard must be given to the condition of the parties/witnesses.
Due diligence must be exercise to ascertain that no violence has been exercised by
one party/witness on another, especially in cases of family members. Where there is a
finding that one party/witness has been subjected to violence and/or is experiencing
trauma or fear, alternatives to face-to-face confrontation must be considered. They
include measures to separate the parties, such as putting them in different rooms or
using screens to shield one party from another, as well as allowing the presence of
other persons for support.
Provisional emergency measures
Article 99 of the Civil Procedure Code provides for the right to request for the application of
‘provisional emergency measures’ to deal with the urgent requests of the involved parties, to
protect evidence and to ensure judgment execution. This can be done simultaneously with the
filing of applications to initiate the lawsuits in court. 175 The courts can also, on their own motion,
apply provisional emergency measures in Articles 102(1) and 102(5) of the Civil Procedure
Code. 176 Decisions for provisional emergency measures must be given within 48 hours from
receipt of the written request. 177
92
175
Ibid., Article 99(2)
176
Ibid., Article 102. Article 102 provides:
Article 102: Provisional emergency measures
(1) Assigning minors to individuals or organizations to look after, nurture, take care of and educate them;
(2) Forcing the prior performance of part of the alimony obligation;
(3) Forcing the prior performance of part of the obligation to compensate for damage to individuals whose lives and/or
health have been infringed upon;
(4) Forcing the employers to advance wages, remunerations or compensations, allowances for labor accidents or occupational
diseases incurred by employees;
(5) Suspending the execution of decisions on dismissing employees;
(6) Distraining [that is, seizing] the disputed properties;
(7) Prohibiting the transfer of property right over the disputed properties;
(8) Prohibiting the change of the current conditions of disputed properties;
(9) Permitting the harvesting, sale of subsidiary food crops or other products, commodities;
(10) Freezing accounts at banks or other credit institutions, State treasury; freezing properties at places of their deposit;
(11) Freezing properties of the obligor;
(12) Prohibiting involved parties from performing, or forcing them to perform certain acts;
(13) Other provisional emergency measures provided for by law.
177
Civil Procedure Code, Article 117
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