A/HRC/20/18
73.
The Special Rapporteur was pleased to learn from the responses received that a
majority of States provided training programmes to raise awareness of officials in a wide
range of Government agencies, including the judiciary, the police, the health sector and
within specific ministries. These programmes are sometimes arranged by specialized
officials within Governments, while at other times are supported by multilateral and
bilateral partnerships, including with international organizations such as IOM and
UNODC.99
74.
In addition to training, efforts to organize, empower and coordinate the activities of
criminal justice officials and agencies are important in building the capacity of national
responses. Lack of commitment or knowledge on the part of prosecutors and judges may
result in poorly prepared legal arguments and briefs, improper application of the law,
inappropriate sentencing, ineffective use of witnesses or evidence and insufficient attention
to protection for victims. Lastly, lack of cooperation between police and prosecutors
diminishes the effectiveness of the criminal justice response.
75.
The Special Rapporteur is pleased to learn that States have begun to create
specialized law enforcement, prosecutorial and adjudicative units to combat trafficking.
Funding and resource allocation remain important issues. 100
76.
The Special Rapporteur notes the important role that non-governmental
organizations can play in training officials. For example, in Australia, they are invited to
give presentations to investigators.101 In Nicaragua, Casa Allianza Nicaragua has organized
workshops for both journalists and police to raise awareness about trafficking and to stress
the need to protect victims and to improve investigations. 102
77.
Based on the responses administered, the Special Rapporteur notes that foreign
Government donors and also international organizations make important contributions
through the design, implementation and evaluation of law enforcement development
programmes.
H.
Asset seizure
78.
By undermining the financial gain of traffickers, asset recovery plays an important
role in the criminal justice response to trafficking. The financial information obtained in
asset recovery can also serve as corroborative evidence and, by strengthening the
prosecution, protect the rights of present and potential victims of trafficking.
79.
Articles 12 to 14 of the United Nations Convention against Transnational Organized
Crime requires States parties to have sufficient powers to facilitate the seizure of assets, and
sets out the requirements and procedures for it. Article 23, paragraph 3 of the Council of
Europe Convention on Action against Trafficking in Human Beings states that each party to
the Convention should adopt “such legislative and other measures as may be necessary to
enable it to confiscate or otherwise deprive the instrumentalities and proceeds of criminal
offences”.
99
100
101
102
For example, in Belarus, Nigeria, Peru, Sri Lanka, the Syrian Arab Republic, Viet Nam and Zambia.
For example, Guatemala has created a small prosecutorial unit for trafficking offences, although it has
only three staff members and lacks sufficient funding; see United States Department of State,
Trafficking in Persons Report 2011 (footnote 23), Guatemala, p. 176.
Submission by Australia, p. 17.
See www.covenanthouse.org/news/view/nicaragua-fights-human-trafficking.
19
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