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Note: The present document contains extracts from the major international and regional legal and policy documents dealing with trafficking in persons. The extracts have been selected on the basis of their relevance to the key domestic issues related to the prosecution and adjudication of TIP cases including criminalization and victim-witness support. The compilation is not exhaustive. It does not include all provisions or all applicable instruments. However, it is intended to highlight major themes and commitments – thereby assisting participants in identifying the most important standards and most effective approaches with respect to the particular issues listed below. Topic 1: Topic 2: Topic 3: Topic 4: Topic 5: Topic 6: Topic 7: Topic 8: Criminalization of Trafficking Jurisdiction Victim Protection and Support Victim-witness Protection and Support Right of Victims to a Remedy Special Protection for Child Victims and Witnesses Prosecution and Trial Issues Corruption Legal / Policy Materials Compilation, Day 2, Part 1 - 74 -
TOPIC 1: CRIMINALIZATION OF TRAFFICKING United Nations Convention against Transnational Organized Crime (2000) Article 11 PROSECUTION, ADJUDICATION AND SANCTIONS 1. Each State Party shall make the commission of an offence established in accordance with articles 5, 6, 8 and 23 of this Convention liable to sanctions that take into account the gravity of that offence. 2. Each State Party shall endeavour to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences covered by this Convention are exercised to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences. 3. In the case of offences established in accordance with articles 5, 6, 8 and 23 of this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defence, to seek to ensure that conditions imposed in connection with decisions on release pending trial or appeal take into consideration the need to ensure the presence of the defendant at subsequent criminal proceedings. 4. Each State Party shall ensure that its courts or other competent authorities bear in mind the grave nature of the offences covered by this Convention when considering the eventuality of early release or parole of persons convicted of such offences. Legal / Policy Materials Compilation, Day 2, Part 1 - 75 -
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TABLE OF CONTENTS Page Introduction
Page 4 and 5:
Workshop. The full list of delegate
Page 6 and 7:
of the three Working Groups. Recomm
Page 8 and 9:
Day 3: Response Effective and Coord
Page 10 and 11:
ACKNOWLEDGEMENTS 28. The Chairperso
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• The specialist function should
Page 14 and 15:
• In the absence of victim cooper
Page 16 and 17:
2007 UN Global Initiative to Fight
Page 18 and 19:
Reference Documents Compilation of
Page 20 and 21:
DAY 2 Workshop Theme Day 2. “Effe
Page 22 and 23:
Working Group Sessions 14.00 - 15.3
Page 24 and 25:
Reference Documents The Paris Decl
Page 26 and 27: Ms. Kate Moloney First Secretary (P
Page 28 and 29: Tel: +86 10 66262888 Fax: +86 10 66
Page 30 and 31: Ms. Yumiko Tanaka Senior Regional A
Page 32 and 33: Tel: +603 22627026 E-mail: rajakopa
Page 34 and 35: Pathumwan, Bangkok Tel: +66 2 254 2
Page 36 and 37: Children, Juveniles and Women Divis
Page 38 and 39: Ministry of Foreign Affairs Bangkok
Page 40 and 41: Fax: +0084 4 7335117 E-mail: trucnt
Page 42 and 43: Tel: +856 21 413204 Fax: +856 21 41
Page 44 and 45: OBSERVERS CIDA - SEARCH Project Mr.
Page 46 and 47: Mr. Jarat Kheereesantikul Investiga
Page 48 and 49: Programme Analyst - Human Rights UN
Page 50 and 51: Tel: 662 215 3388 Fax: 662 215 8272
Page 52 and 53: Tel: +662 251 6956 Fax: +66 2 253 3
Page 54 and 55: Bangkok, Thailand E-mail: saisuree1
Page 56 and 57: Ms. Bronte Moules Deputy Ambassador
Page 58 and 59: Note: The present document contains
Page 60 and 61: 3. In the absence of an agreement o
Page 62 and 63: (b) To provide factual, concrete he
Page 64 and 65: 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 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 116 and 117: prosecution or judicial proceeding
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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