A/HRC/20/18
as in the United States and Nigeria.91 The Netherlands built on the experience by providing
the Nigerian agency for the prohibition of traffic in persons (see paragraph 61 above) with
training and technical assistance for detectives, prosecutors and border police. 92 Another
example of cross-border collaboration can be seen in Rwanda, whose national police Aantitrafficking unit has collaborated with police in Burundi to rescue victims. In addition,
Rwanda has set up the Isange Centre to rehabilitate victims and has made efforts to train
law enforcement officials, including by sending them abroad.93
70.
Extradition is another important legal mechanism for ensuring the effective
prosecution of suspects, precluding the ability of traffickers to flee to a “safe haven” State.94
The United Nations Convention against Transnational Organized Crime requires States
parties to treat offences established in accordance with the Protocol as extraditable offences
under domestic law, and to ensure that such offences are included as extraditable offences
in current and future extradition treaties. A number of regional instruments, such as the
Inter-American Convention on International Traffic in Minors, in its article 10, specifically
identify trafficking as an extraditable offence. A number of States have explicitly provided
that trafficking is an extraditable offence. 95
71.
While extradition is instrumental in ensuring the efficient prosecution of suspected
traffickers, thereby upholding the interests of both the victim and the State, the Special
Rapporteur notes the importance of ensuring a rights-based approach to extradition, which
would require consideration of the human rights implications of action at all stages of the
extradition process. Such safeguards include an evidentiary test to protect individuals from
being extradited on the basis of groundless allegations and/or from requests made in bad
faith or to punish a person on account of their race, sex, religion, nationality, ethnic origin
or political opinions.96 The Special Rapporteur also emphasizes the fact that the right to a
fair trial, as provided for in articles 9, 14, 15 and 16 of the International Covenant on Civil
and Political Rights, must apply to all extradited persons. Similarly, the principle of nonrefoulement prohibits the return of a person where she or he would suffer discrimination or
where this would result in the extradited individual being subjected to torture or cruel,
inhuman or degrading treatment or punishment. 97
G.
Capacity-building
72.
A corollary of the fact that States have a responsibility to investigate, prosecute and
adjudicate trafficking crimes with due diligence is the development of criminal justice
agencies and institutions equipped to handle trafficking and other crimes. Integrated
training that promotes a rights-based approach and provide technical skills is of critical
value in the fight against trafficking.98
91
92
93
94
95
96
97
98
18
A/HRC/20/18/Add.3, para. 48.
Submission by the Netherlands, p. 4.
United States Department of State, Trafficking in Persons Report 2011 (see footnote 23), Rwanda,
p. 308.
United Nations Convention against Corruption, art. 44.
For example, see submission by Madagascar, p. 2.
United Nations Convention against Transnational Organized Crime, art. 16, para. 14.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 3,
International Covenant on Civil and Political Rights, art. 13, and Universal Declaration of Human
Rights, art. 14.
See Recommended Principles and Guidelines: Commentary (see footnote 6), pp. 197-198.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents