A/HRC/14/32
witnesses who feel protected and assisted will be in a position to provide useful information
and testimony.
82.
The Ouagadougou Action Plan underlines some major issues with regard to the
participation of victims in judicial proceedings. In particular, while encouraging victims of
trafficking to testify in the investigation and prosecution, States are urged to give due
consideration to the safety and security of victims and witnesses at all stages of legal
proceedings, in particular with regard to children. It also calls upon States to adopt specific
measures to avoid criminalization of victims of trafficking, as well as the stigmatization and
the risk of re-victimization. Finally, it invites States to consider legislation to provide for
administrative, civil or criminal liability of legal persons or their representatives for
trafficking offences in addition to the liability of natural persons.
83.
COMMIT in the Mekong region, through its secretariat, conducts case monitoring
and analysis to identify lessons learned and address barriers to appropriate investigative,
prosecutorial and judicial responses to trafficking. On that basis, it develops handbooks that
include practical guidance and standard operating procedures, with a focus on the
protection of victims as well as on cross-border cooperation. Another focus is the creation
and strengthening of specialist Anti-Trafficking Units for investigation and prosecution,
and the promotion of cross-border cooperation between these Units. For these purposes,
targeted training for law enforcement officials is being conducted at the regional level and
assistance provided for national level training in local languages.
84.
Finally, among the important added values of the CoE Convention is the
requirement that the private life and the safety of victims of trafficking be protected
throughout the course of judicial proceedings. It also provides for the possibility of not
imposing penalties on victims for their involvement in unlawful activities if they were
compelled to do so by their situation, and the possibility of criminalizing those who use the
services of a victim if they are aware that the person is a victim of trafficking.
Redress
85.
Access to an effective legal remedy and compensation by a court is an important
aspect of redressing the human rights violations endured by victims. However, these
aspects have received attention from only a few regional organizations.
86.
The right of trafficked victims to redress is recognized by the Palermo Protocol,
which states that “Each State Party shall ensure that its domestic legal system contains
measures that offer victims of trafficking in persons the possibility of obtaining
compensation for damage suffered” (art. 6.6). The OHCHR Guidelines also recommend
that “States shall ensure that trafficked persons are given access to effective and appropriate
legal remedies” (Principle 17), and that “States shall, in appropriate cases, freeze and
confiscate the assets of individuals and legal persons involved in trafficking. To the extent
possible, confiscated assets shall be used to support and compensate victims of trafficking”
(Principle 16).
87.
The right to effective remedy focuses on redress and access to justice to ensure that
the wrongs suffered by the victim are remedied. The vast majority of regional cooperation
mechanisms focus their criminal justice efforts on the prosecution and punishment of
traffickers, while the provision of restorative justice and compensation to victims is not
addressed, despite its fundamental importance within the international human rights law
framework.
88.
The right to access effective legal remedies including compensation for victims of
trafficking is dealt with for the first time in a regional legally binding instrument in article
15 of the CoE Convention. This article stipulates that victims should have access, as from
their first contact with the competent authorities, to information on relevant judicial and
16
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