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 GE.10-13211

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