A/HRC/20/18
84.
Other laws allow for the confiscation of assets from convicted trafficking offenders
but do not directly support victims. For example, in Armenia, although article 266 of the
Criminal Code provides for the confiscation of assets from convicted trafficking offenders,
it does not specify where those funds would go. Thus, in 2010, although the Government
provided partial funding of $17,000 for a shelter for 21 trafficking victims, it was not clear
whether the funding was derived from the proceeds of asset confiscation.
85.
A better alternative would be for confiscated assets to be allocated specifically to
programmes supporting victims of trafficking; for example, the Government of Australia
has committed funds allocated under the Proceeds of Crime Act from confiscated assets of
criminals to key non-governmental anti-trafficking organizations.111
86.
Lastly, the Special Rapporteur notes that, since traffickers often operate on an
international basis, their assets may be located in another State than the one where
trafficking is organized. She therefore urges States to cooperate to develop and enforce
laws on international asset recovery.
IV. Conclusions and recommendations
87.
A review of national criminal justice responses to trafficking reveals that, while
States have begun to incorporate and implement elements and standards found in
international human rights law, much remains to be done. Low prosecution and
conviction rates around the world confirm that even those States with advanced
criminal justice systems and sophisticated anti-trafficking strategies must look to
improve their performance. Of particular concern is the need to ensure that the rights
of all persons, most particularly but not exclusively victims, are respected.
A.
Proper identification of trafficked persons
88.
States must take proactive steps to build the capacity of front-line officials from
all agencies that might encounter trafficking crimes or victims for quick and accurate
identification of trafficking victims. Governments should establish national referral
mechanisms for identifying and assisting victims, in close cooperation with all actors,
especially victim service providers and non-governmental organizations. States, as
part of efforts and cooperation at the subregional level, should consider the adoption
of transnational referral mechanisms for trafficked persons. This would encourage
law enforcement cooperation in investigation, arrest and prosecution.
B.
Ensuring the non-criminalization of trafficked persons
89.
Laws and policies that do not contain adequate safeguards to prevent the
prosecution of trafficking victims for status-related offences must be revised, in
particular by taking steps to ensure that they are not prosecuted for offences related
to their status as trafficked persons, including sex crimes, begging, working or
immigration violations. In addition, it is important that States provide post-conviction
remedies, such as the possibility to quash judgements for status-related offences.
111
A/HRC/20/18/Add.1.
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