Witness protection in human trafficking cases

1
Witness protection in human trafficking cases
2
Victims of trafficking as witnesses

• Victims in countries of destination and origin
• Mainly women and children
• Traumatic experience
• Controlled by traffickers
• travel documents are taken
• use of threats and violence
• use of isolation and circulation
• dependency

3
Why trafficked victims do not testify?

• Never get the opportunity to (deportation)
• No specific legislation on trafficking
• Fear of reprisals
• Lack of faith in the police
• Fear of being prosecuted as illegal immigrant
• Long trial

4
Victim/witness protection model

• Police, trafficking unit
• protection and investigation
• NGO
• protection and support
• IOM
• repatriation
• COOPERATION

5
Assistance and protection of victims (Art.6)

• States Parties obliged to assist and protect
  victims and witnesses by Convention Art.24 and 25
• Protocol recognizes that trafficking victims are
  particularly vulnerable and contains additional
  measures for protection and support
• Physical safety for the victim and his/her family
• protection of privacy and identity where possible
• information about proceedings and assistance in
  presenting views and concerns

6
Assistance and protection of victims (Art.6)

• Measures to support physical, psychological and
  social recovery, taking account of special needs
  of children
• legal and other counseling
• medical, psychological, material and housing
  assistance
• possibility of obtaining compensation

7
Status of Victims of Trafficking in Receiving
States (Art.7)

• States Parties should consider
• ...adopting legislative or other appropriate
  measures that permit victims of trafficking in
  persons to remain in its territory, temporarily
  or permanently
• Advantages and limits of the Belgium and The
  Netherlands models
• The right to work

8
Protection of victims after the trial

• Empowering trafficked persons in the long term
  rather than for the duration of the trial
• Cooperation between country of origin and country
  of destination
• Ensuring the security of the victim
• Programmes to protect victims from
  re-victimization (Art.9.1.b)