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Published byDwight Green Modified over 9 years ago
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Witness protection in human trafficking cases
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Victims of trafficking as witnesses Victims in countries of destination and origin Mainly women and children Traumatic experience Controlled by traffickers travel documents are taken use of threats and violence use of isolation and circulation dependency
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Why trafficked victims do not testify? Never get the opportunity to (deportation) No specific legislation on trafficking Fear of reprisals Lack of faith in the police Fear of being prosecuted as illegal immigrant Long trial
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Victim/witness protection model Police, trafficking unit –protection and investigation NGO –protection and support IOM –repatriation COOPERATION
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Assistance and protection of victims (Art.6) States Parties obliged to assist and protect victims and witnesses by Convention Art.24 and 25 Protocol recognizes that trafficking victims are particularly vulnerable and contains additional measures for protection and support: –Physical safety for the victim and his/her family –protection of privacy and identity where possible –information about proceedings and assistance in presenting views and concerns
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Assistance and protection of victims (Art.6) Measures to support physical, psychological and social recovery, taking account of special needs of children: –legal and other counseling –medical, psychological, material and housing assistance –possibility of obtaining compensation
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Status of Victims of Trafficking in Receiving States (Art.7) States Parties should consider : –...adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently… Advantages and limits of the Belgium and The Netherlands models The right to work
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Protection of victims after the trial –Empowering trafficked persons in the long term rather than for the duration of the trial –Cooperation between country of origin and country of destination –Ensuring the security of the victim –Programmes to protect victims from re- victimization (Art.9.1.b)
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