PROTOCOL on INTER STATE RESCUE and POST RESCUE ACTIVITIES relating to TRAFFICKED PERSONS

1. PROTOCOLon INTER STATE RESCUE and POST RESCUE ACTIVITIES relating to TRAFFICKED PERSONS

2. CASE STUDYJoint ops on AHTby AP and Karnataka Police

3. FACTS OF THE CASE

4. CASE STUDY POINTS TO LEARN [ VT= VISITING TEAM ] [ HT= HOST TEAM ] • VT to inform HT in advance. • HT to respond to VT’s request. • HT to alert local Government Homes. • HT to alert local NGOs Homes. • HT to arrange local NGOs for rescue. • HT and VT to be fully involved in all activities.

5. CASE STUDY • Planning essential before start of operation (JT). • Contingencies to be kept in view during planning. • NGO association must. HT to take all steps to involve NGO. • Liaison with judiciary important to get the warrants and judicial approvals on time. (HT & VT)) • Accountability of officials for all acts of omission and commission. • Good work to be commended without delay.

6. SOME HIGHLIGHTS OF THE BANGALORE OPS

7. HIGHLIGHTS OF THE BANGALORE RESCUE OPERATION • Anti Human Trafficking Units (AHTU) set up by State Governments + UNODC, did a splendid performance. • All 3 AHTUs of Andhra Pradesh jointly participated in this operation. • Close supervision and involvement of the IGP and SP, CID, AP and JCP Bangalore

8. HIGHLIGHTS OF THE BANGALORE RESCUE OPERATION • Entire operation of rescue and post rescue had the personal participation of Director of NGO Prajwala, Hyderabad. • A text book case where all protocols and procedures followed scrupulously. • Victim’s needs and best interest was primary focus throughout the operation. • Good example of Inter state police co- ordination and Police – NGO partnership.

9. THE PROTOCOL

10. PREAMBLE • Trafficking – borderless, organized crime • Cr. PC prescribes procedure for transfer of accused, not rescued persons in a crime of trafficking • No protocols relating to Inter state rescue and post rescue activities. • This Protocol is to address these gaps

11. The Protocol has 4 parts: • General Principles / Guidelines • Pre Rescue Protocols • Protocols During Rescue • Post Rescue Protocols

12. GENERAL PRINCIPLES / GUIDELINES

13. 1. GENERAL PRINCIPLES / GUIDELINES 1.1 Human Rights Approach • Jurisdictional limitations not to impede, rescue and post rescue activities • Victim’s human rights protected • Not further violated • Care and attention is extended during and post rescue • No delay in rescue and post rescue activities • Actions and decisions based on ‘the best interest of the victim’.

14. GENERAL PRINCIPLES / GUIDELINES 1.2 Organized crime 1.3 Nodal Officers • Police Nodal Officer (PNO) • Government Nodal Officer (GNO) 1.4 Database 1.5 Synergy amongst stakeholders 1.6 Directory of services 1.7 Victim vs. accused

15. GENERAL PRINCIPLES / GUIDELINES 1.8 Validation of harm to victim 1.9 Anonymity of victim 1.10 Legal Representation for victim 1.11 Right to be treated with Dignity 1.12 Right to be Informed 1.13 Alien victim / victim from another country

16. 2. PRE RESCUE PROTOCOL

17. 2. PRE RESCUE PROTOCOL 2.1 When to plan a rescue 2.2 How to plan Inter – state rescue a) Adequate officials – women officials b) Leader of JT c) NGO member co-opted (HT) d) Witnesses – women witnesses (HT) e) Logistical arrangement for witnesses (HT) f) Use of decoy – anonymity (JT)

18. 2. PRE RESCUE PROTOCOL g) Logistical arrangement for VT and HT (HT) h) Segregation of victims and offenders during transportation (HT) i) Materials and equipment required for documentation and evidence collection (HT) • Inform appropriate authorities (HT) • Government / NGO run Homes (HT) • Briefing of members of JT regarding their responsibilities (Leader of JT) m) Maintaining of secrecy (JT)

19. 2. PRE RESCUE PROTOCOL 2.3 Where to register FIR? (VT) 2.4 Timely sharing of intelligence (PNO) 2.5 Recce and Map of Area (HT) 2.6 Search Warrant (VT)

20. PROTOCOL ON ACTIVITIES DURING RESCUE

21. 3. PROTOCOL ON ACTIVITIES DURING RESCUE 3.1 Team to take respective positions (JT) 3.2 Searching all hidden places (JT) 3.3 Help of rescued persons for conducting search (JT) 3.4 Rescue children and relatives of victims (JT) 3.5 Segregation of offenders from victims (JT) 3.6 Retrieval of personal belongings (JT)

22. 3. PROTOCOL ON ACTIVITIES DURING RESCUE 3.7 Collection of evidence (JT) • Materials, exhibits, documents collected and preserved • Videography / photography – scene of crime, offenders, witnesses (if willing) • Proper chain of custody 3.8 Identify persons under 18 years

23. POST RESCUE PROTOCOLS

24. 4. POST RESCUE PROTOCOLS 4.1 Immediate responsibility (HT) 4.2 Avoid further victimization (JT) 4.3 Ice breaking (JT) 4.4 Detailed interview (JT) 4.5 Threeoptions for JT: - • Rescued persons escorted to the Magistrate / CWC • Rescued persons escorted to the local PS • Rescued persons to Government or NGO run Home

25. 4. POST RESCUE PROTOCOLS 4.6 Medical care and attention(HT) 4.7 Legal counseling (HT) 4.8 Send rescued person to appropriate Home (s.17 ITPA) (HT) 4.9 Home Verification and medical examination report (u/s. 17 (2) ITPA) (HT) 4.10 Conditional order for closure of places of commercial sexual exploitation (u/s. 133 (1) (b) of Cr. PC) (HT)

26. 4. POST RESCUE PROTOCOLS 4.11 Exploiters claim to be parents / guardians / well – wishers & seek release of rescued persons (HT) 4.12 Transfer of rescued persons by VT 4.13 Transfer of the documents / materials by VT ` 4.14 HT to produce all arrested offenders before the local Magistrate

27. 4. POST RESCUE PROTOCOLS 4.15 VT requires police / judicial remand of offenders 4.16 Contingencies (HT) 4.17 Interim Relief (GNO) 4.18 Prosecuting trafficking crimes (PNO) 4.19 Media Briefing (HT)

28. thank you for your kind attentionpm.nair@unodc.orgwww.unodc.org/india