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The United Nations
Anti-Human Trafficking Manual
for Criminal Justice Practitioners
Anti- Human Trafficking Manual
for Criminal Justice Practitioners
Purpose
– 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:
Anti- Human Trafficking Manual
for Criminal Justice Practitioners
How 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
Anti-Human Trafficking Manual
for Criminal Justice Practitioners
Target audience
• Police officers
• Border guards or Immigration
officers
• National focal persons/institution
combating human trafficking
• Care providers
• Prosecutors
• Judicial officers
Anti-Human Trafficking Manual
for Criminal Justice Practitioners
How 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
Anti-Human Trafficking Manual
for Criminal Justice Practitioners
New 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
Anti-Human Trafficking Manual
for Criminal Justice Practitioners
Wide 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.
Anti-Human Trafficking Manual
for Criminal Justice Practitioners
Overview of Modules
1. Definitions of trafficking in persons and smuggling of migrants
2. Indicators of trafficking in persons
3. Psychological reactions of victims of trafficking in persons
4. Control methods in trafficking in persons
5. Risk assessment in trafficking in persons investigations
6. International Cooperation
7. Crime scene and physical evidence examinations in
trafficking in persons investigations
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
Module 1
Definitions of trafficking in persons and smuggling of migrants
By the end of this Module, users should be able to:
• 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
• 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
Module 2
Indicators of trafficking in persons
By 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
Module 3
Psychological reactions of victims of trafficking in persons
By 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
Module 4
Control methods in trafficking in persons
By 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
Module 4 Continued…
Control methods in trafficking in persons
– Violence and threats of violence
– Deception
– Imprisonment
– Collusion
– Debt bondage
– Isolation
– Religion, culture and belief
Courtesy of Naptip, Nigeria
• Understand that control methods can include a
combination or one of the following;
Module 5
Risk assessment in trafficking in persons investigations
By 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
Module 6
International 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
Module 7
Crime scene and physical evidence examinations in trafficking
in persons investigations
By 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.
Module 8
Interviewing victims of trafficking in persons who are potential
witnesses
By 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…
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.
Module 9
Interviewing child victims of trafficking in persons
By 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
Module 10
Interpreters in trafficking in persons investigations
By 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
Module 11
Victims’ needs in criminal justice proceedings in trafficking
in in persons cases
By 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
Module 12
Protection and assistance to victim-witnesses in trafficking
in persons cases
By 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
Module 13
Compensation for victims of trafficking in persons
By 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.
Module 14
Considerations in Sentencing in Trafficking in persons cases
By 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
Anti-Human Trafficking Manual
for Criminal Justice Practitioners
More 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

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Anti-human_trafficking_manual_long_versionPpt._for_criminal_justice_practitioners.ppt

  • 1. The United Nations Anti-Human Trafficking Manual for Criminal Justice Practitioners
  • 2. Anti- Human Trafficking Manual for Criminal Justice Practitioners Purpose – 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 Practitioners How 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 Practitioners Target 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 Practitioners How 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 Practitioners New 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 Practitioners Wide 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 Practitioners Overview of Modules 1. Definitions of trafficking in persons and smuggling of migrants 2. Indicators of trafficking in persons 3. Psychological reactions of victims of trafficking in persons 4. Control methods in trafficking in persons 5. Risk assessment in trafficking in persons investigations 6. International Cooperation 7. 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 1 Definitions of trafficking in persons and smuggling of migrants By the end of this Module, users should be able to: • 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 • 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
  • 11. Module 2 Indicators of trafficking in persons By 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 3 Psychological reactions of victims of trafficking in persons By 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 4 Control methods in trafficking in persons By 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 – Violence and threats of violence – Deception – Imprisonment – Collusion – Debt bondage – Isolation – Religion, culture and belief Courtesy of Naptip, Nigeria • Understand that control methods can include a combination or one of the following;
  • 15. Module 5 Risk assessment in trafficking in persons investigations By 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 6 International 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 7 Crime scene and physical evidence examinations in trafficking in persons investigations By 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 8 Interviewing victims of trafficking in persons who are potential witnesses By 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 9 Interviewing child victims of trafficking in persons By 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 10 Interpreters in trafficking in persons investigations By 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 11 Victims’ needs in criminal justice proceedings in trafficking in in persons cases By 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 12 Protection and assistance to victim-witnesses in trafficking in persons cases By 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 13 Compensation for victims of trafficking in persons By 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 14 Considerations in Sentencing in Trafficking in persons cases By 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 Practitioners More 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