Testimoni

In an increasingly multi-ethnical and culturally diverse society, we
would emphasise that issues concerning attire and symbols motivated by
religious belief and conviction must be handled by all judicial bodies
with great tact and sensitivity. Tribunals should be considerate and
respectful in their approach. Simple measures such as limited
screening or minimising the courtroom audience  should be
considered. Tribunals should be particularly careful to point out that
the maintenance of attire of this kind might impair the panel’s
ability to evaluate the reliability and credibility of the evidence of
the party or witness concerned and it could have adverse consequences
for the Appellant. Where issues of this kind arise, a Tribunal’s
experience, expertise, common sense, pragmatism and sense of fairness
will be invaluable tools.

There can be no doubt that the assessment of a witness demeanour is
easier if it is based on being able to scrutinize the whole demeanour
package — face, body language, voice, etc. Wearing a niqab presents
only a partial obstacle to the assessment of demeanour. However a
witness wearing a niqab may still express herself through her eyes,
body language, and gestures. Moreover, the niqab has no effect on the
witness’verbal testimony, including the tone and inflection of her
voice, the cadence of her speech, or, most significantly, the
substance of the answers she gives.