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prosecution or judicial proceeding in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in that territory in respect of acts, omissions or convictions prior to his or her departure from the territory of the requested State Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days or for any period agreed upon by the States Parties from the date on which he or she has been officially informed that his or her presence is no longer required by the judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory of the requesting State Party or, having left it, has returned of his or her own free will. 28. The ordinary costs of executing a request shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the States Parties shall consult to determine the terms and conditions under which the request will be executed, as well as the manner in which the costs shall be borne. 29. The requested State Party: (a) Shall provide to the requesting State Party copies of government records, documents or information in its possession that under its domestic law are available to the general public; (b) May, at its discretion, provide to the requesting State Party in whole, in part or subject to such conditions as it deems appropriate, copies of any government records, documents or information in its possession that under its domestic law are not available to the general public. 30. States Parties shall consider, as may be necessary, the possibility of concluding bilateral or multilateral agreements or arrangements that would serve the purposes of, give practical effect to or enhance the provisions of this article. Legal / Policy Materials Compilation, Day 2, Part 2 - 114 -
United Nations Principles and Guidelines on Human Rights and Human Trafficking (2002) Guideline 11: Cooperation and coordination between States and regions States should consider: 7. Developing procedures and protocols for the conduct of proactive joint investigations by law enforcement authorities of different concerned States. In recognition of the value of direct contacts, provision should be made for direct transmission of requests for assistance between locally competent authorities in order to ensure that such requests are rapidly dealt with and to foster the development of cooperative relations at the working level. 8. Ensuring judicial cooperation between States in investigations and judicial processes relating to trafficking and related offences, in particular through common prosecution methodologies and joint investigations. This cooperation should include assistance in: identifying and interviewing witnesses with due regard for their safety; identifying, obtaining and preserving evidence; producing and serving the legal documents necessary to secure evidence and witnesses; and the enforcement of judgements. Criminal Justice Responses to Trafficking in Persons: ASEAN Practitioner Guidelines (2007) Part 2. B. International Legal / Judicial Co-operation - General 4. ASEAN Member States should review and harmonise domestic law to the extent possible to ensure that extradition and mutual legal assistance provisions are able to function effectively. Legal / Policy Materials Compilation, Day 2, Part 2 - 115 -
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TABLE OF CONTENTS Page Introduction
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Workshop. The full list of delegate
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of the three Working Groups. Recomm
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Day 3: Response Effective and Coord
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ACKNOWLEDGEMENTS 28. The Chairperso
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• The specialist function should
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• In the absence of victim cooper
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2007 UN Global Initiative to Fight
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Reference Documents Compilation of
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DAY 2 Workshop Theme Day 2. “Effe
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Working Group Sessions 14.00 - 15.3
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Reference Documents The Paris Decl
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Ms. Kate Moloney First Secretary (P
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Tel: +86 10 66262888 Fax: +86 10 66
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Ms. Yumiko Tanaka Senior Regional A
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Tel: +603 22627026 E-mail: rajakopa
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Pathumwan, Bangkok Tel: +66 2 254 2
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Children, Juveniles and Women Divis
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Ministry of Foreign Affairs Bangkok
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Fax: +0084 4 7335117 E-mail: trucnt
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Tel: +856 21 413204 Fax: +856 21 41
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OBSERVERS CIDA - SEARCH Project Mr.
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Mr. Jarat Kheereesantikul Investiga
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Programme Analyst - Human Rights UN
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Tel: 662 215 3388 Fax: 662 215 8272
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Tel: +662 251 6956 Fax: +66 2 253 3
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Bangkok, Thailand E-mail: saisuree1
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Ms. Bronte Moules Deputy Ambassador
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Note: The present document contains
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3. In the absence of an agreement o
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(b) To provide factual, concrete he
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including international or regional
Page 66 and 67: Extract 2: United Nations Protocol
Page 68 and 69: Extract 3: United Nations Principle
Page 70 and 71: access to independent 1egal counsel
Page 72 and 73: Extract 5: Criminal Justice Respons
Page 74 and 75: 5. Relevant agencies should be enco
Page 76 and 77: Note: The present document contains
Page 78 and 79: United Nations Protocol to Prevent,
Page 80 and 81: Criminal Justice Responses to Traff
Page 82 and 83: 4. Each State Party may also adopt
Page 84 and 85: 2. Each State Party shall ensure th
Page 86 and 87: immediate support is not discretion
Page 88 and 89: 15. Promoting greater gender and ch
Page 90 and 91: United Nations Principles and Guide
Page 92 and 93: TOPIC 5: RIGHT OF VICTIMS TO A REME
Page 94 and 95: TOPIC 6: SPECIAL PROTECTIONS FOR CH
Page 96 and 97: 9. Protecting, as appropriate, the
Page 98 and 99: 7. There should be close co-operati
Page 100 and 101: MEASURES AGAINST CORRUPTION 1. In a
Page 102 and 103: Note: The present document contains
Page 104 and 105: cooperation on extradition with oth
Page 106 and 107: 15. States Parties may not refuse a
Page 108 and 109: 1. The conclusion and effective imp
Page 110 and 111: the requesting State Party; (i) Any
Page 112 and 113: (d) The person transferred shall re
Page 114 and 115: 18. Wherever possible and consisten
Page 118 and 119: Part 2. D. International Legal / Ju
Page 120 and 121: TOPIC 3: RECOVERY OF PROCEEDS OF TR
Page 122 and 123: (b) Submit to its competent authori
Page 124 and 125: domestic law and if so requested, g
Page 126 and 127: TOPIC 4: LAUNDERING OF THE PROCEEDS
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