A/HRC/20/18 6. Punishments 66. International law places an obligation on States to impose effective and proportionate punishments for trafficking and related offences. 85 When considering the appropriate standard, it is important to recognize that punishments that are disproportionate to the harm caused will create distortions that can only hinder effective criminal justice responses. For example, inadequate penalties can fail to deter future crimes and to deliver justice to victims, and potentially impair the effectiveness of international cooperation procedures, such as extradition, which are triggered by a severity test linked to the gravity of sanctions. On the other hand, rigid or extremely severe punishments, such as mandatory minimum custodial terms or provisions for capital punishment, may not meet the required human rights and criminal justice standards. 67. The Special Rapporteur notes that the proportionality requirement may demand the imposition of more stringent penalties for aggravated offences. Egyptian law has codified aggravated circumstances to include involvement in an organized crime network or transnational activity; death threats, serious harm, torture or the use of weapons; instances where the perpetrator was related to the victim or responsible for the victim’s care; the involvement of a public official; where the death of a victim, permanent disability or incurable disease occurred; or where the victim was a child, incapacitated or disabled. 86 Argentina has introduced certain aggravating circumstances in its law, including when the perpetrator is related to the victim; the crime is committed by more than three people; and the crime involved more than three victims or where certain recruitment methods were used if the crime involved a victim under the age of 13.87 F. International cooperation 68. Given the transnational nature of human trafficking, acts may often take place across borders, creating jurisdictional issues. For this reason, a number of States have given their courts jurisdiction over the crime of trafficking even if the crime takes place in a foreign jurisdiction. 88 Others have legislated that if at least one of the acts of trafficking (for example, recruitment, accommodation or exploitation) is committed on national territory, prosecution may be pursued even if the act was carried out abroad.89 69. The Special Rapporteur notes that international cooperation and collaboration in the investigation process is also important; for example, Malta grants investigators the legal authority to take all measures they would be entitled to take in a domestic case if so requested by a foreign judicial authority. 90 The Special Rapporteur also recalls the positive example noted at the expert meeting, where the collaboration of law enforcement authorities from Nigeria and other European destination countries regarding the trafficking of persons from Nigeria into the Netherlands and Europe led to the arrest of traffickers in Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom, as well 85 86 87 88 89 90 Organized Crime Convention, art. 11. See also art. 2(9) (b), and the Convention on Action against Trafficking in Human Beings, art. 23.1. Law No. 64 on Combating Human Trafficking, art. 6. See submission by Argentina, p. 1, and A/HRC/17/35/Add.4, para. 14. See for example submissions by Greece, Lithuania, Madagascar, Slovenia, Sri Lanka and Sweden. See submissions by Brazil, Germany, Nigeria, the Republic of Moldova, Romania, Sri Lanka and Sweden. Submission by Malta, p. 2. 17