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).