A/HRC/20/18 direct consequence of their situation as trafficked persons”. 28 Both the Human Rights Council 29 and the General Assembly 30 have made similar recommendations, as have regional bodies and instruments.31 28. The Special Rapporteur observes that, while numerous States do not have a specific law designed to minimize the criminalization of trafficking victims, many note that, as a matter of policy, trafficking victims are not prosecuted for status-related crimes. 32 The Special Rapporteur observes, however, that some States have passed specific legislation in this regard. 33 For example, a Moldovan law provides that trafficked persons who have committed unlawful acts as a direct result of being trafficked will not be prosecuted for such offences. 34 In the United States, New York State recently passed a law to allow trafficking victims with prostitution-related convictions to vacate their judgements. 35 29. Other laws provide more limited protection for trafficked persons. For example, in Azerbaijan, trafficked persons are exempt from liability only for deeds committed under coercion or intimidation while being trafficked.36 In Jamaica, the law provides for immunity from prosecution if a victim of trafficking breaches immigration or prostitution laws. 37 In Slovakia, while criminal liability for victims is not explicitly excluded, being a victim of trafficking is considered to be a mitigating circumstance. 38 Lithuanian law currently provides that victims of trafficking not be punished for engaging in prostitution; draft amendments to the Penal Code exempt victims of trafficking from any criminal act committed as a direct consequence of their situation. 39 30. In other States, however, statutes criminalize activities associated with trafficking without proper safeguards to identify victims of trafficking. For example, in India, the Ministry of Home Affairs issued a memorandum in 2009 instructing law enforcement to focus on the aspects of the Trafficking Act that criminalize exploiters. 40 Reports nonetheless indicate that the Act, which criminalizes the act of solicitation for prostitution, continues to be used to detain and penalize prostitutes, including those who are victims of trafficking.41 28 29 30 31 32 33 34 35 36 37 38 39 40 41 8 Guideline 5. See also principle 7. Human Rights Council resolution 11/3, para. 3. General Assembly resolution 63/156, para. 12. Convention on Action against Trafficking in Human Beings, art. 26. See also the explanatory report thereto, paras. 272-274. Directive I 2011/36/EU , art. 8. See submissions by Albania, p. 9, Peru, p. 5, and Australia, p. 10. In their submissions, Albania, Argentina, Azerbaijan, Cyprus, Croatia, Jamaica and the Republic of Moldova indicated that their anti-trafficking laws contained provisions that protect victims of trafficking from prosecution for status-related offences. Law No. 241-XVI on Preventing and Combating Trafficking in Human Beings, chap. V, art. 32. New York State Bill A7670/S4429 allowing sex trafficking survivors to clear prostitution convictions, signed into law on 15 August 2010. Submission by Azerbaijan, p. 6. Submission by Jamaica, p. 2. Submission by Slovakia, p. 5. Submission by Lithuania, p. 4. Available from http://mha.nic.in/pdfs/Advisory-on-HTrafficking-150909.pdf. United States Department of State, Trafficking in Persons Report 2011 (see footnote 23), p. 190.