A/HRC/20/18
culpability for trafficking crimes without heavy or sole reliance on the testimony of
victims. Trafficked persons should not be used as instruments for criminal
investigations. In all cases, it is imperative that States integrate gender and aged-based
perspectives into investigations and prosecution.
G.
Appropriate penalties
98.
Punishment for trafficking in persons must be effective, appropriate and
dissuasive. Again, it must be proportionate to the offence committed, and proceeds
from the crime should be confiscated.
99.
States are urged to disaggregate data on prosecution for trafficking offences by
sex, age, year, nationality of convicted persons, form of exploitation,
sanctions/penalties and terms of imprisonment, as well as other indicators that would
assist in gathering intelligence on understanding the phenomenon of trafficking in
persons.
H.
Preventing unintended negative consequences
100. As States work to adopt a rights-based approach, they should be cognizant of
the fact that certain laws and policies may have unintended negative consequences for
victims of trafficking. Laws or policies that infringe the right to movement for victims
or that impose mandatory detention or rehabilitation in the name of protection are in
violation of human rights laws and may deny victims the right to a proper remedy.
Care should be taken to enact clear and enforceable legal frameworks that comply
with international standards and principles. Such frameworks must take practical
constraints into account and be tailored to the State’s legal system in order to provide
protection and assistance to trafficked persons during the criminal justice process.
101. The Special Rapporteur notes that political pressure to prosecute traffickers
may lead to over-enforcement, shortcuts and unacceptable trade-offs. It is important
that efforts by States to end impunity for traffickers should include appropriate
safeguards in the criminal justice responses that protect victims, witnesses and
suspects, and integrate gender and aged-based perspectives into investigations and
prosecution.
102. Lastly, the Special Rapporteur urges States to intensify efforts to strengthen the
technical capacity of criminal justice administrators, in particular, that of judges,
prosecutors and the police. A comprehensive curriculum on trafficking in persons,
including online courses, should be mainstreamed in ongoing education training
programmes.
23
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