Post on 30-Mar-2015
Training ModulesTraining Modules
UNDP c/o RomaniaUNDP c/o Romania
Law Enforcement Best Practice ManualFor Fighting Against Trafficking of Human
Beings
By: Mihai Toader – Project Manager
Objectives of the TrainingObjectives of the Training
Develop the ability of specialist counter-trafficking investigators to detect and adequately deal with trafficking cases
Increase awareness, knowledge & understanding of trafficking as a grave abuse of the fundamental human rights of acutely vulnerable individuals
Foster national and regional co-operation Promote the creation of sustainable counter-trafficking
training for specialist investigators.
Explanatory Slide 1Explanatory Slide 1
Training ModulesTraining Modules
1 – Critical Concepts
2 – Investigative Principles
3 – Intelligence Gathering & Exchange
4 – International Co-operation
5– The Victim as a Witness
6 – Child Victims and Witnesses
Explanatory Slide 2Explanatory Slide 2
1.1. The Human Risks - The True Cost1.1. The Human Risks - The True Cost
Murder Rape Serious assault and kidnap Unlawful detention Psychological abuse Enslavement
Slide 1.1(1).Slide 1.1(1).
1.2. The Strategic Risks1.2. The Strategic Risks
Potential State social costs of victim recovery De-stabilisation of existing sex and labour markets Growth and diversification of organised crime Economic de-stabilisation through money laundering Demographic de-stabilisation Growth of public sector corruption Political corruption and influence De-stabilisation of inward economic investment
Slide 1.2.(1).Slide 1.2.(1).
1.3. Law Enforcement Critical Concepts1.3. Law Enforcement Critical Concepts
Victims are likely to unavailable either as
complainants or witnesses
It may never be possible to successfully
investigate the key players in the network
Focus on the victim and the crime
Slide 1.3(1)Slide 1.3(1)
1.4. Trafficking Methodology1.4. Trafficking Methodology
Who are the traffickers?
Who are the victims?
What are the crimes?
Slide 1.4.(1)Slide 1.4.(1)
ON GOING COERCIVE EXPLOITATION
WITHIN THE DEMAND CYCLE
BORDER OF DESTINATION COUNTRIES - DEMAND -
IRREGULAR MIGRATION THB
CRIMINAL NETWORKS
ORIGIN COUNTRIES- SUPPLY -
1.4. Trafficking Methodology - Recruitment Stage1.4. Trafficking Methodology - Recruitment Stage
Identification of vulnerable targets Exploitation of the ‘push and pull factors Kidnap Adverts - agencies – personal contact
networks Full deception or partial deception Explicit or implicit explanation Role of debt bondage Changing trends
Slide 1.4.(2)Slide 1.4.(2)
1.4. Trafficking Methodology - Transportation Stage1.4. Trafficking Methodology - Transportation Stage
Means of transport – overt or covert Maybe none or multiple transit stages Routes Internal transit – receipt and harbouring Absence or removal of documentation Likelihood of serious abuse during the transit phase Critical importance of identifying victims in transit Critical importance of identifying the transit phases
Slide 1.4.(3)Slide 1.4.(3)
1.4. The Exploitation Stage - Control Mechanisms1.4. The Exploitation Stage - Control Mechanisms
Types of exploitation Working conditions Control mechanisms Immediate physical and sexual violence Seizure and retention of documents Supervision – Isolation - Exposure Threats of reprisals to family and loved ones Overall impact – psychological imprisonment
and torture
Slide 1.4.(4))Slide 1.4.(4))
1.5. Legislative Overview1.5. Legislative Overview
UN Palermo Convention Article 3 provisions UN Convention on the Rights of the Child Articles 1 and 2 provisions UNHCHR Principles & Guidelines National regional diversity - role of
compendium Related crimes
Slide 1.5(1).Slide 1.5(1).
1.5 Legislative Overview - Palermo Protocol1.5 Legislative Overview - Palermo Protocol
What are the key features of Article 3? Activity – means - exploitation It includes all forms of exploitation Gender neutral It does not mention borders Distinguishes between adults and
children Requires some form of distortion of adult
free will – the consent issue
Slide 1.5.(2)Slide 1.5.(2)
1.5. Problems with the Palermo Protocol1.5. Problems with the Palermo Protocol
Does not define ‘prostitution’
Does not define ‘sexual exploitation’
Lack of clarity around ‘forced labour or
services’
The issue of consent – where should the focus
of counter-trafficking be placed
Relationship to the available evidence
Slide 5.1(3)Slide 5.1(3)
2.1. Investigative Principles2.1. Investigative Principles
Reflect the geographic structure of
origin – transit – destination
Reflect the five structural components
– advertising; rentals; transportation;
communications; financial transactions
Investigative priority – rescue of
victims; identification and conviction of
traffickers; confiscation of their
criminal assets
Slide 2.1(1).Slide 2.1(1).
- ADVERTISING - RENTING OF PERMISES - TRANSPORTATION - COMMUNICATION - FINANCIAL TRANSACTIONS
COMMERCIAL COMPONENTS
THB
GEOGRAPHICAL COMPONENTS
STRUCTURAL COMPONENTS
COUNTRY OF ORIGIN COUNTRY OF TRANSIT
COUNTRY OF DESTINATION
2.2. The Reactive Victim-led Option2.2. The Reactive Victim-led Option
Unequivocal humanitarian and legal duties Genuine victims of serious crime No re-victimisation or criminalisation Safety of victim and family is paramount duty Continuous risk assessment Openness and honesty Victim information and access
Slide 2.2(1)Slide 2.2(1)
2.3. Pro-Active Investigative Option2.3. Pro-Active Investigative Option
What is it and why use it? Combination of intelligence, surveillance
and specialist techniques ‘Achilles Heel’ of the trafficker Intelligence led Investigative Focus Parallel financial investigation Dual benefits
Slide 2.3(1)Slide 2.3(1)
2.4. Disruptive or Dissuasive Option2.4. Disruptive or Dissuasive Option
When should be it applied?
Limitations of the option
No sustainable solution
Displacement outcome
Multi-agency innovation
Overall objective
Slide 2.4(1)Slide 2.4(1)
6.1. The Victim6.1. The Victim
Potential asset value Challenge – create the trust and
conditions Requires a fresh approach Give the victims the power and time Humanitarian response Sound best practice Avoids worst case scenario
Slide 6.1(1)Slide 6.1(1)
6.2. Initial Victim Response Types6.2. Initial Victim Response Types
Self rescue Rescued during un-related raid etc Rescued during counter-trafficking
investigations Third party reporting IGO-NGO reporting Three possible responses Common immediate needs Duty of the investigator
Slide 6.2(1)Slide 6.2(1)
6.3. Trafficked Victim or Offender?6.3. Trafficked Victim or Offender?
Highly controversial issue for police International standards – no criminalisation
or re-victimisation UNHCHR – Principles: ‘Trafficked persons shall not be detained,
charged or prosecuted for the illegality of the entry or involvement in unlawful activities to the extent that such involvement is a direct consequence of the situation as trafficked persons’
Slide 6.3(1)Slide 6.3(1)
6.3. Trafficked Victim or Offender Cont.6.3. Trafficked Victim or Offender Cont.
Key issue – proper and rapid identification of trafficked victims
Duty to enforce the law – impact on asset IGO-NGO cases and direct contacts Solution lies in the timing of determination Accept claim at ‘face value’ – if true – humane
action; if false – prosecute later Possible ‘duress’ defence Determined based on indicators – may face
silence
Slide 6.3(2)Slide 6.3(2)
6.4. Risk Assessment Process Principles – Categories - Levels6.4. Risk Assessment Process Principles – Categories - Levels
Clear humanitarian duty Clear legal duty of care Applicable to existing, outstanding and
potential victims Immediate - continuous Assess the existing risk Assess additional risk created by the police
reaction Can only be based upon available intelligence
Slide 6.4(1)Slide 6.4(1)
6.5. Six Critical Questions6.5. Six Critical Questions
Level of risk to current victim? Level of risk to outstanding victim? Level of risk to potential victims? Does the risk demand immediate
intervention? If not – is pro-active option viable? If not – is disruptive option viable?
Slide 6.5(1)Slide 6.5(1)
6.5.The Non-Co-operating Victim6.5.The Non-Co-operating Victim
Deportation risks Re-integration risks Capacity and availability of IGO-NGO sector Prosecution or deportation risks Social cultural or religious factors Short term residency status Repatriation support measures
Slide 6.5(1)Slide 6.5(1)
6.6. Limited Co-operation Victim Additional Risks6.6. Limited Co-operation Victim Additional Risks
Sensitivity of the intelligence Risks associated with police reaction to it Victim and family or loved ones Can the risk factors be managed? Legal disclosure risks and protection Consider whether the intelligence should either be
recorded or responded to at all Security of intelligence handling
Slide 6.6(1)Slide 6.6(1)
6.7.The Co-operating Victim Additional Risks6.7.The Co-operating Victim Additional Risks
Most serious risk category of all Lost asset to positive threat to liberty Is the evidence essential – are there alternatives Victim assessment as witness Not automatic co-operation - risk assessment still
necessary Options – silence – intelligence – evidence Third party assessment
Slide 6.7(1)Slide 6.7(1)
8.1. Special Needs of Child Victims8.1. Special Needs of Child Victims
Current reality and future challenges International standards Palermo Convention UN Convention on Rights of a Child UNHCHR Principles and Guidelines Acute vulnerability – special needs Interests of the child remains paramount Child rights – information – special measures to
protect them within the criminal justice system
Slide 8.1(1).Slide 8.1(1).
8.1. Child Victims Continued8.1. Child Victims Continued
Impact upon law enforcement response Best practice becomes legal requirement Immediate health and welfare needs Impact upon risk assessment – child and family Increase in sensitivity over whether to allow a
child to co-operate Medical examination and psychological
assessment – paediatric examination Interview techniques – suggestibility Testimony conditions
Slide 8.1(2).Slide 8.1(2).