A/HRC/20/18
C.
Criminalization of crimes relating to trafficking in persons
90.
In addition to criminalizing trafficking in persons in conformity with the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the United Nations Convention against Transnational
Organized Crime, States must ensure the criminalization of other crimes relating to
trafficking in persons, including – but not limited to – corruption, money-laundering,
debt bondage, obstruction of justice and participation in organized criminal groups.
D.
Facilitating the safe and productive involvement of victims in
prosecution
91.
Victims of trafficking are legally entitled to take an active and meaningful role
in efforts to convict their exploiters, and should be supported to that end. This would
therefore require the adoption of reflection and recovery periods accompanied by the
provision of assistance not conditional on cooperation with the authorities.
92.
States should protect the safety and well-being of victim-witnesses, in particular
in view of the fact that victims may be subject to threats or reprisal from traffickers.
93.
The Special Rapporteur urges States to extend protection and assistance to
victim-witnesses in cases of trafficking in person pretrial, during trials and post-trial.
Experience has shown that victim-witnesses are most vulnerable post-trial, when they
usually no longer benefit from witness protection programmes.
94.
In addition, judges and lawyers involved in trafficking cases should be trained
to recognize the sensitive nature of trafficking cases, and be provided with tools to
ensure effective and respectful trials, especially to protect victims of sex trafficking
and to speed up the access of victims to justice.
E.
Promoting cooperation between criminal justice and victim support
agencies
95.
The role of victim support agencies in identifying trafficking cases and victims,
providing information on trends in human trafficking and delivering services and
support should be recognized and facilitated by States. Efforts should be made to
build confidence and to encourage greater coordinated collaboration. The conclusion
of bilateral agreements and memorandums of understanding on key areas of delivery
will aid communication and build trust. In partnering victim support agencies or
other civil society organizations, States must not delegate the responsibility to provide
for the well-being of victims and must remain vigilant to ensure respect for human
rights.
F.
Improving investigations and prosecutions
96.
Training is an important component of anti-trafficking strategies, and the
development of specialized anti-trafficking units may assist States to strengthen
capacity to investigate and prosecute trafficking. Such units must be bound by clear
mandates to address anti-trafficking matters, and be adequately equipped and
funded.
97.
The Special Rapporteur urges States to engage in proactive investigation,
employing new technologies and methods that focus on gathering evidence to prove
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