The United Nations Anti-Human Trafficking Manual for Criminal Justice Practitioners

1. The United Nations Anti-Human Trafficking Manual for Criminal Justice Practitioners

2. Anti- Human Trafficking Manual for Criminal Justice PractitionersPurpose • Prevention of human trafficking • Protection of Victims • Prosecution of traffickers, and • Partnership – national coordination and international cooperation • The Manual was brought about to build criminal justice practitioners’ capacity in the following key areas:

3. Anti- Human Trafficking Manual for Criminal Justice PractitionersHow the Manual was developed • Broad participatory process involving experts in the field of law enforcement, prosecution and protection and assistance. • Contributions from anti-trafficking practitioners from Africa, Asia, the Middle East and from Europe. • Practitioners came from academia, NGOs, international organizations, law enforcement, prosecution and the judiciary. • Four expert group meetings that were convened in Vienna,at which expert participants shared their expertise and experience

4. Anti-Human Trafficking Manual for Criminal Justice PractitionersTarget audience • Police officers • Border guards or Immigration officers • National focal persons/institution combating human trafficking • Care providers • Prosecutors • Judicial officers

5. Anti-Human Trafficking Manual for Criminal Justice PractitionersHow to use it • As promising practices for practical adaptation and application to the particular phase of criminal justice response it seeks to address • As a practical guide for duty police officers, care providers and other persons in the criminal justice system • As a training resource in police academies, tertiary institutions and other ad-hoc training delivery

6. Anti-Human Trafficking Manual for Criminal Justice PractitionersNew tool for criminal justice response • A compendium of best practice responses for criminal justice practitioners at every phase of trafficking in persons cases, in line with the trafficking protocol to • A product of broad-based expertise drawn from amongst criminal justice systems around the world • Two versions available • Wide circulation Manual comprising 14 modules • Restricted Circulation Manual comprising 26 modules

7. Anti-Human Trafficking Manual for Criminal Justice PractitionersWide Circulation Version • The 14 modules in this manual address each phase of criminal justice response to trafficking in persons from identification of victims through investigation to prosecution of traffickers and protection of victims • Each module is designed as a stand alone resource in meeting the specific needs of a particular phase of criminal justice response it seeks to address • The promising practices in each of the modules are intended to address the challenges of criminal justice response to trafficking in persons.

8. Anti-Human Trafficking Manual for Criminal Justice PractitionersOverview of Modules • Definitions of trafficking in persons and smuggling of migrants • Indicators of trafficking in persons • Psychological reactions of victims of trafficking in persons • Control methods in trafficking in persons • Risk assessment in trafficking in persons investigations • International Cooperation • Crime scene and physical evidence examinations in trafficking in persons investigations

9. 8. Interviewing victims of trafficking in persons who are potential witnesses 9. Interviewing child victims of trafficking in persons 10. Interpreters in trafficking in persons investigations 11. Victims’ needs in criminal justice proceedings in trafficking in persons cases 12. Protection and assistance to victim-witnesses in trafficking in persons cases 13. Compensation for victims of trafficking in persons 14. Considerations in Sentencing in Trafficking in persons cases

10. Module 1Definitions of trafficking in persons and smuggling of migrantsBy the end of this Module, users should be able to: • Understand constituent elements of trafficking in persons and smuggling of migrants as defined by the relevant UN protocols • Contrast the elements of the two phenomena • Explain the meaning of the elements “act, “means” and purpose” in trafficking in persons cases • Understand the issue of consent in a trafficking in persons case and how consent is vitiated • List some of the underlying offences to trafficking in persons; • Recall factors on deciding the jurisdiction for prosecution of trafficking in persons cases

11. Module 2Indicators of trafficking in personsBy the end of this Module, users should be able to: • Explain how trafficking in persons may be identified by criminal justice practitioners • Direct reporting by victims and other people • Reactive investigations • Proactive investigations • List the general indicators of trafficking in persons • State why corroboration of trafficking in persons indicators is required • Understand that indicators are not proof of trafficking in persons; they are the starting point for investigation

12. Module 3Psychological reactions of victims of trafficking in personsBy the end of this Module, users should be able to: • Understand how the process of trafficking in persons affects the health of its victim • Recall the nature of health problems suffered by a victim as a result of exploitation • Know how the impaired health situation of a victim may affect investigation and prosecution of the crime of trafficking in persons • Determine appropriate strategies to be adopted by criminal justice practitioners to enable victim assist criminal justice process

13. Module 4Control methods in trafficking in personsBy the end of this Module, users should be able to: • Recall the main forms of control of victims in trafficking in persons cases • Describe how a blend of control measures may be used throughout the trafficking process • Explain the options for dealing with the main forms of control when investigating trafficking cases

14. Module 4 Continued…Control methods in trafficking in persons • Understand that control methods can include a combination or one of the following; • Violence and threats of violence • Deception • Imprisonment • Collusion • Debt bondage • Isolation • Religion, culture and belief Courtesy of Naptip, Nigeria

15. Module 5Risk assessment in trafficking in persons investigationsBy the end of this Module, users should be able to: • Recall the principles of continuous risk assessment in trafficking in persons • State the key questions to be considered when assessing risk in trafficking in persons cases • Understand the concept of ‘risk’ in the context of trafficking in persons cases • Identify the object (“who”/“what”) of risk in trafficking in persons • Describe how the severity of risk and likelihood of risk are considered to determine the level of risk • Recall the actions to be considered when deciding on a response to an identified risk and the level of that risk

16. Module 6International Cooperation in trafficking in persons cases • Explain why international cooperation is required in TIP cases • Recall different forms and principles of international cooperation • Discuss types of international cooperation and the impact of different legal system on international cooperation amongst states • Understand the process of making requests for MLA

17. Module 7Crime scene and physical evidence examinations in trafficking in persons investigationsBy the end of this Module, users should be able to: • Explain what a “crime scene” is and summarise the specific features of crime scene; • Describe the types of physical evidence most commonly encountered in trafficking in persons investigations and the information available on physical evidence • Outline basic actions required to preserve and document crime scene and recover physical evidence traces from crime scenes • Recall the key considerations and possible actions in trafficking in persons when examining victims, suspects, locations, documents found at the scene etc.

18. Module 8Interviewing victims of trafficking in persons who are potential witnessesBy the end of this Module, users should be able to: • Outline some key differences between interviews of suspected victims of trafficking in persons who are potential witnesses and those in other forms of crime • Identify the five stages of a victim interview: PEACE Model Planning and preparation, • Engaging with the victim-witness and explaining the process and content, • obtaining the Account of the victim-witness, • Closing an interview appropriately and • Evaluating the content of the interview (PEACE) Cont’d…

19. Module 8 Continued…Interviewing victims of trafficking in persons who are potential witnesses • Describe a number of practical steps that will assist you to plan an interview of a victim/witness of trafficking in persons, • Identify the elements required to engage with a victim-witness of trafficking in persons in an evidential interview. • List what should be explained to a suspected victim-witness of trafficking in persons. • Identify when an interview should not proceed to the Account stage.

20. Module 9Interviewing child victims of trafficking in personsBy the end of this Module, users should be able to: • Explain the differences between an interview of a suspected child victim of trafficking in persons and that of a suspected adult victim at each of the stages of an interview • Understand who should conduct an interview with a child, how it should be conducted and where it should be conducted • Understand who should interview a child victim • Outline some the reasons why suspected child victims of trafficking in persons who are potential witnesses in court may be more vulnerable than suspected adult victims

21. Module 10Interpreters in trafficking in persons investigationsBy the end of this Module, users should be able to: • List the situations in which interpreters may be required in trafficking in persons investigations • Explain why it is important to retain an interpreter throughout a trafficking investigations • Explain the considerations when planning interpreting services • Describe the actions required when contacting an interpreter • Describe the actions required when preparing to conduct an interview • Identify the information that should be given to interpreters in trafficking interviews

22. Module 11Victims’ needs in criminal justice proceedings in trafficking in in persons casesBy the end of this Module, users understand that: • Victims of trafficking are usually faced with a myriad of challenges • Some of these challenges are needs to be supported by different professionals in the course of criminal justice response • Effectively addressing these needs will facilitate the physical and psychological recovery of victims and enable them participate effectively in criminal justice process • At every stage of the criminal justice response, spanning from investigation to the trial, the following support for an identified victim of trafficking, it is necessary to provide: • Information and communication • Emotional support • Direct assistance

23. Module 12Protection and assistance to victim-witnesses in trafficking in persons casesBy the end of this Module, users should understand: • The appropriate protection measures that should be in place for a victim-witness in every phase of criminal justice process • The role of every criminal justice administrator in ensuring the protection of a victim- witness • The concept of witness protection in criminal justice system and its relevance to trafficking in persons cases • The necessity of victim protection in trafficking in persons cases

24. Module 13Compensation for victims of trafficking in personsBy the end of this Module, users should be able to: • Understand the concept of compensation and its value in trafficking in persons cases; • Describe the international legal basis for compensation; • Explain the different modes of administering compensation in different jurisdictions; • Explain the funding mechanism of compensation and best practice approaches to it; • Understand different procedures of claiming compensation either during trial by criminal court or by separate civil action in a civil claim.

25. Module 14Considerations in Sentencing in Trafficking in persons casesBy the end of this Module, users should understand: • What information is necessary to present to court for judges to consider before handling down the appropriate sentences • Theories of punishment and provide practical application of it • The role of the judges in considering the aggravating as well as the mitigating factors in sentencing traffickers

26. Anti-Human Trafficking Manual for Criminal Justice PractitionersMore information For more information about the Anti-Human Trafficking Manual for Criminal Justice Practitioners, contact: The Anti-Human Trafficking and Migrant Smuggling Unit UNODC P.O. Box 500 1400 Vienna Austria Tel.  (+43-1) 26060-5687  Fax. (+43-1) 26060-5983  Email: ahtmsu@unodc.org