WUNRN
UNODC - United Nations Office on
Drugs & Crime
ANTI-HUMAN TRAFFICKING MANUAL FOR
CRIMINAL JUSTICE PRACTICIONERS
The Anti-Human Trafficking Manual for Criminal Justice Practitioners is the result of a global cooperative process in which expert representatives from academia, NGOs, international organizations, law enforcement officers, prosecutors and judges from all over the world contributed their expertise and experiences.
In line with the Trafficking in Persons Protocol supplementing the United Nations Organized Crime Convention, the purpose of the Anti-Human Trafficking Manual for Criminal Justice Practitioners is to support criminal justice practitioners in the prevention of human trafficking, the protection of its victims, the prosecution of its culprits and in the international cooperation needed to achieve these goals.
Read more about the Anti-Human Trafficking Manual for Criminal Justice Practitioners in the Introduction.
Module
1: Definition of trafficking in persons and smuggling of migrants
This modulde serves as a key to some of the terms used throughout the Manual. It defines terms within the ambit of United Nations instruments, particularly the United Nations Convention against Transnational Organized Crime and its supplementary Trafficking in Persons Protocol. There is emphasis within this module on the definition of trafficking in persons as offered by the Trafficking in Persons Protocol, the smuggling of migrants, as defined by the Migrants Protocol, and the key differences between the two.
Module
2: Indicators of trafficking in persons
This module outlines some basic tell-tell signs that may flag potential trafficking situatiosn to first responders. Such signs are explained in this module as indicators that trafficking may have taken place (rather than proof that it has), which should trigger further inquiry. The module catalogues indicators for different types of trafficking situations to offer guidance for border police and other actors who may come into contact with victims of trafficking in persons.
Module
3: Psychological reaction of victims of trafficking in persons
This module primarily considers the impact of sexual abuse and exploitation on victims of trafficking in persons. It explores how the trafficking in persons process affects the physical and mental health of a victim. The module also explains how the impaired health of a victim may be detrimental to the investigation and prosecution of the traffickers concerned and discusses appropriate criminal justice strategies to enable victims to cooperate with the criminal justice process. Finally, the module offers guidance on minimizing the psychological impact that investigations may have on victims of trafficking in persons.
Module
4: Control methods in trafficking in persons
This module explains the main forms of control used by traffickers, describes how a combination of control measures may be used throughout the trafficking process, and explores the options for responding to the main forms of control when investigating trafficking in persons cases.
Module
5: Risk assessment in trafficking in persons investigations
This module outlines the need for continuous risk assessment and the key questions to beconsidered when conducting risk assessments in trafficking in persons investigations. It explains the concept of risk and the persons likely to be at risk in the context of trafficking in persons. The module also describes what the risks are, how to determine the level and severity of risk, and actions to be considered in response to an identified risk.
Module
6: International cooperation in trafficking in persons cases
Given many trafficking in persons cases take place transnationally, international cooperation is necessary for the effective investigation of trafficking in persons. This module explains why international cooperation is required in trafficking cases, recalls the different forms and principles of international cooperation, discusses types of international cooperation beyond traditional forms of extradition and mutual legal assistance as defined by the UNTOC, and discusses the impact of different legal systems on international cooperation amongst States. The module further offers insight into the process of making formal requests for mutual legal assistance, the contents of the request letter, and considerations when making requests. The module also explores possibilities of "officer-to-officer" contact in making requests of another jurisdiction and the cooperative actions required when repatriating victims of trafficking in persons.
Module
7: Crime scene and physical evidence examinations in trafficking in persons
investigations
This module explains the relevance of "crime scene" investigations in trafficking in persons offences. It describes the types of physical evidence most commonly encountered in trafficking in persons investigations and outlines basic actions required to preserve and document the crime scene and recover traces of physical evidence from it. The module also addresses key considerations and possible actions in trafficking in persons investigations when examining victims and suspects, locations, vehicles, documents found at the scene on victims or suspects and in vehicles, as well as information technology and communications equipment found at the scene, on victims or suspects and in vehicles.
Module
8: Interviewing victims of trafficking in persons who are potential witnesses
This module identifies the overall objective of all law enforcement interviews with victims of trafficking in persons who are potential witnesses. It identifies five stages of the "PEACE" model for interviewing crime victims: Planning and preparing for the interview; Engaging with the victim witness and explaining the process and content; obtaining the Account of the victim-witness; Closing an interview appropriately; Evaluating the content of the interview. The module catalogues the practical steps of planning such an interview and the elements required to engage with a trafficking in persons victim-witness in an evidential interview. The module also outlines special interview techniques and explains the differences between open, specific, closed and leading questions in the interview.
Module
9: Interviewing child victims of trafficking in persons
This module identifies a child as a person below the age of 18 as provided in the Trafficking in Persons Protocol. It establishes that the underlining principle guiding interviews of children must be conducted with the best interest of the child in mind. The module recognizes that children who are suspected victims of trafficking in persons may be more vulnerable than a suspected adult victim, and adapts each of the five stages of the PEACE Model for interviewing victims accordingly.
Module
10: Interpreters in trafficking in persons investigations
This module lists situations in which interpreters may be required in the course of investigations and explains why it is important to retain one throughout a trafficking in persons investigation. The module explains relevant considerations when planning interpreting services and actions required when preparing to conduct an interview. It also identifies the information that interpreters should and should not be privy to in the course of offering interpretation services.
Module
11: Victims' needs in criminal justice proceedings in trafficking in persons
cases
The victimizing impact of the trafficking process must be recognized and addressed at every phase of criminal justice response. The Trafficking in Persons Protocol provides for support of and assistance to victims. This module details the requisite support and assistance at every phase of the criminal justice process and outlines the benefits of supporting and assisting victims not only for victims, but also for criminal justice objectives. The module also demonstrates the challenges of respecting victims' rights irrespective of their level of collaboration with the criminal justice system.
Module
12: Protections and assistance to victims-witnesses in trafficking in persons
cases
This module defines and explains the concept of witness protection in general, the necessity for it and its limitations with respect to trafficking in persons cases. The module recognizes the vulnerability of victims-witness of trafficking in persons, and the risk that victimswitnesses are exposed to in the criminal justice process. The module elaborates the roles of various criminal justice practitioners at different phases of the criminal justice response and the measures to put in place to protect the victims-witnesses. The protection required for a victim-witness is recognized as potentially starting at the point of identification and continuing through investigation to prosecution and beyond.
Module
13: Compensation for victims of trafficking in persons
This module describes the international legal framework for compensation in trafficking in persons to be the United Nations Convention against Transnational Organized Crime and its supplementary Trafficking in Persons Protocol as implemented within the domestic legislations of the States parties. The module also underlines jurisdictional differences in the administering, funding, claiming and paying of compensation. It further explores the likely basis for compensation claims by victims and the different courts that may adjudicate compensation claims.
Module
14: Considerations in sentencing in trafficking in persons cases
This module explores theories of punishment, provides practical suggestions and explores the role of the judiciary in sentencing. It recalls the common aggravating as well as mitigating factors to be considered in sentencing traffickers and addresses ways in which information may be used to inform sentencing decisions in trafficking in persons cases.
Download more anti-trafficking Tools and Publications page and Contact us for more information about the Anti-human Trafficking Manual for Criminal Justice Practitioners.
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