A/HRC/20/18 1. The role of victims of trafficking in investigations and prosecution 54. Victims of trafficking play a critical role in the criminal prosecution of traffickers and their accomplices. The Special Rapporteur is well aware that the complexity of the crime of trafficking and related evidentiary complications can make investigations and prosecutions difficult, if not impossible, without the cooperation and testimony of victims. It is, however, important to clarify that a human rights approach to trafficking does not preclude the active involvement of victims in the investigation and prosecution of their exploiters. Rather, such an approach confirms that States, through their national criminal justice agencies, should be working towards recognizing victims of trafficking as an essential resource who are provided with the protection and support they need to participate safely and effectively in criminal justice processes. 55. It should be recalled that these persons are first and foremost victims of trafficking who, by virtue of that status, are entitled to immediate protection and support. International law clearly states that all trafficked persons have a right to protection from further harm, a right to privacy, and a right to physical and psychological care and support. Trafficked persons also have a right to be informed of their legal options and given the time, space and help required to consider those options carefully. In some cases, this may require the regularization of the trafficked person’s legal status to allow them access to services and to protect them from deportation. 2. Safety and privacy of victims 56. During trials, challenges persist when ensuring safety and privacy for victims, minimizing unnecessary delay and ensuring that victims receive appropriate treatment. In response to such concerns, prosecutors in the United States have prepared redacted court filings, devoted attention during interviews to avoid disclosing potentially identifying information about victims and made special arrangements, including with members of the media, to address privacy concerns in public court proceedings. 68 Certain South-east Asian countries, such as Viet Nam and Thailand, have provisions in their laws to protect the privacy of victim-witnesses; however, implementation remains a challenge, and more analysis is needed to assess whether certain protections, in particular provisions that allow children to be examined in court by social workers or psychologists rather than by attorneys, comply with minimum fair trial standards. 69 3. Corroborative evidence 57. Proactive investigations that seek to collect evidence to obviate or support victim testimony are another way for States to realize their due diligence obligation to prosecute trafficking without unduly burdening victims. The Special Rapporteur notes that alternative or corroborative evidence may be difficult to collect in trafficking cases because of limited resources and a lack of trained officials, particularly in States most affected by trafficking. The situation may also be compounded by the hidden nature of the crime and the lack of concrete records or indicators of criminal activity. It is important to acknowledge that substituting victim testimony with alternative evidence may not allow for full and effective 68 69 14 Kevin Koliner, “Best Practices to Combat Human Trafficking: Human Trafficking in the United States”, Harvard University, Kennedy School Webinar, 25 May 2011; see www.innovations.harvard.edu/cache/documents/17076/1707648.pdf. ASEAN Responses to Trafficking in Persons, April 2006 (available from www.artipproject.org/artiptip-cjs/resources/specialised_publications/ASEAN%20Responses%20to%20TIP_2006.pdf), pp. 64, 70 and 80.