A/HRC/22/54
2.
Prosecution and sanctions against sex tourists
53.
It is a fact that only a low number of cases are reported and very few are prosecuted.
The prosecuted offenders are often paedophiles and images often constitute part of the
evidence. Lessons learned from case studies show how time-consuming it is to convict
travelling child sex offenders, how convictions depend on effective collaboration and the
role the media can play when authorities may be reluctant to open a case. 35
54.
As highlighted above, voluntary reporting is an essential first step towards
increasing the numbers of prosecutions. In Switzerland, for example, the Federal Police, in
collaboration with ECPAT Switzerland, launched a campaign and website including online
reporting forms accessible in different languages. Since October 2008, 26 denunciations
have been made, which include cases of CST. Similar work was done in Germany and
Austria, while European Union funding was secured to implement the same in other
countries.36 Another campaign was launched by ECPAT Netherlands on the 24 October
2012, with a first flyer distributed at passport control of Dutch airports, aimed at
encouraging reporting by travellers. Large posters have been displayed at the airport, while
collaborators of travel companies have received guidelines on how to follow up when
tourists approach them with information.37
55.
One legislative measure that encourages voluntary reporting is the recognition of the
confidentiality of the identity of persons who report violence. 38 It remains a challenge,
however, that the law does not necessarily protect persons who make a report
(A/HRC/16/56, para. 62).
56.
In addition to reporting by individuals, law enforcement agencies can undertake
targeted interventions. Europol’s Project HAVEN (Halting Europeans Abusing Victims in
Every Nation), for example, was launched in November 2010 to detect and disrupt
travelling child sex offenders originating from the European Union and ultimately establish
a permanent and proactive notification system on travelling European sex offenders. In
January 2012, the second joint action day of Project HAVEN took place in cooperation
with national police, customs and border authorities at key airports across Europe. The
authorities targeted persons primarily arriving from destinations known for CST, checking
and profiling returning passengers and conducting interviews.39
57.
The importance of gathering the right evidence cannot be overstated. Pictures and
videos, victim and witness testimonies, items of clothing, medical examinations and written
and online communications or records all need to be considered. In most cases, however,
collecting this kind of evidence requires specific expertise, particularly when it needs to
meet the standards required by the countries of origin. Many countries do have, however,
law enforcement agents in their embassies who can play a determining role in this process.
58.
In addition, as the lack of human resources and technical expertise, possible lack of
political will and sometimes corruption – in many destination countries – jeopardizes
prosecution processes against travelling child sex offenders, NGOs are often critical
partners of law enforcement officers. NGOs like APLE in Cambodia or the International
35
36
37
38
39
ECPAT Netherlands, Offenders Beware!, p. 3.
Information available from www.stopchildsextourism.ch and the Swiss Federal Police.
For more information, see ECPAT Netherlands (www.ecpat.nl/p/59/2524/mo45-mc52/campagnetegen-kindersekstoerisme).
See Council of Europe Convention on the Protection of Children against Sexual Exploitation and
Sexual Abuse.
See Europol, “Child Sexual Exploitation Fact sheet 2012”, p. 11.
13
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