Training Modules UNDP c/o Romania Law Enforcement Best Practice Manual For Fighting Against Trafficking of Human Beings By: Mihai Toader – Project Manager

Objectives 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 1

Training 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 2

1.1. The Human Risks - The True Cost Murder Rape Serious assault and kidnap Unlawful detention Psychological abuse Enslavement Slide 1.1(1).

1.2. 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).

1.3. 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)

1.4. Trafficking Methodology Who are the traffickers? Who are the victims? What are the crimes? 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 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)

1.4. 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)

1.4. 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))

1.5. 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).

1.5 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)

1.5. 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)

2.1. 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).

2.2. 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)

2.3. 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)

2.4. 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)

6.1. 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)

6.2. 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)

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)

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)

6.4. 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)

6.5. 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)

6.5.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)

6.6. 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)

6.7.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)

8.1. 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).

8.1. 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).