A/HRC/44/45/Add.1 State Prosecutor. The statement provided indications of a case of trafficking and further investigation proved that it was a case of trafficking for begging. Five minors were trafficked by their father, who forced them to beg, taking all of their personal documents. The children were driven to a particular location in a touristic coastal town to beg and, at the end of day, they were taken back home. The case was under review in the High Court in Podgorica at the time of the Special Rapporteur’s visit. 55. The Office of the Head State Prosecutor also shared with the Special Rapporteur two more cases that were at the investigation stage. One of the cases concerned an unlawful marriage by a father of his 13-year-old daughter, in 2017, for €5,000. The other case was one of trafficking for the purpose of labour exploitation. Two nationals of Pakistan were lured by a trafficker on the promise of acquiring asylum status for €20,000. The two men were forced to clean several tourist apartments to pay for the asylum process. The police detained the alleged perpetrator, and the Office of the Head State Prosecutor has ensured support to victims. Other cases discussed included a case of sexual exploitation involving two persons, which led to the conviction of two perpetrators, with the most severe punishment being 15 and 17 years’ imprisonment, respectively. The Head State Prosecutor noted a case in Bljelo Polje and seven additional cases in the investigation phase concerning four adults and seven children. 56. Regarding the application of the non-punishment principle, in its review, the Group of Experts on Action against Trafficking in Human Beings raised concerns about the penalization of one potential victim for crimes committed as a direct result of being subjected to trafficking due to inadequate identification. Recently, with assistance from the Organization for Security and Cooperation in Europe, and on the basis of recommendations of the Group of Experts, the national Office for the Fight against Trafficking in Persons elaborated guidelines on the non-punishment of victims of trafficking in persons for their involvement in illegal activities that they were forced into doing. The guidelines are intended for the police and the judiciary, which were invited to participate in the drafting of the guidelines. During her visit, the Special Rapporteur praised that initiative as an important step towards the protection of victims of trafficking, given that, an inherent component of situations of trafficking was that the victims were coerced to commit the illicit act. Ensuring that victims will not be criminalized for those actions and eliminating victims’ fear of being prosecuted are key to encouraging victims to come forward. That guidance should be used and the subject be included in training for front-line officers at all levels. VI. Redress for victims of trafficking in persons 57. The Special Rapporteur welcomed legislative initiatives, such as the law establishing a fund for compensation to victims of violence, which should facilitate access for trafficked persons’ to compensation. However, that legislation, passed in 2015, will only enter into force after the accession of Montenegro to the European Union. She strongly recommended that the Government and the Parliament bring forward the date of entry into force of that law, which was essential to the social inclusion of victims and survivors. The law sets out that compensation for physical and psychological damage, as well as for loss of earnings, will be provided by the State when it cannot be obtained from the perpetrator. Compensation is envisaged in cases in which the victim has suffered a serious bodily injury or serious impairment of his or her physical and mental health, or has died. Citizens of Montenegro, citizens of States parties to the European Convention on the Compensation of Victims of Violent Crimes, citizens of States members of the Council of Europe and the European Union with permanent residence in Montenegro, as well as nationals of States members of the European Union and persons lawfully residing in the European Union, are eligible for compensation under the law. The compensation covers the costs of health care, loss of earnings and funeral expenses. If the criminal act caused incapacity for work, a lump sum not exceeding 10 months’ average net earnings would be paid. The procedure for compensation must be initiated by a written request to the Ministry of Justice no later than six months from the date of the offence. A commission will be set up by the Government to decide on compensation. Compensation can be awarded before the initiation of judicial or 12

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