An Introduction to Human Trafficking - United Nations Office on ...

PART THREE.—ACTION
likelihood that victims and witnesses are exposed <strong>to</strong> further intimidation, either before,
during or after a trial. The consequences for victims and witnesses who have provided
prosecution evidence <strong>to</strong> help secure the conviction of traffickers have not been moni<strong>to</strong>red
systematically. One important initiative overlooked in many jurisdictions has been <strong>to</strong>
ensure that victims and witnesses testifying against traffickers are updated regularly about
the progress of the trial. In unfortunate cases, victims have come face <strong>to</strong> face with their
trafficker, while believing him or her <strong>to</strong> still be in prison.
Criminal justice systems have given less priority <strong>to</strong> awarding compensation or damages
<strong>to</strong> victims than <strong>to</strong> securing the conviction of traffickers. The result is that victim-witnesses
do not believe that justice has been served. Instances in which individuals harmed by
traffickers have been paid compensation, damages or unpaid wages remain rare. Bringing
such cases has been hard for victims of transnational trafficking who were obliged <strong>to</strong> leave
the country of destination before a case came <strong>to</strong> court. In other cases, the converse is
true, with victims required <strong>to</strong> stay in the destination country for an unacceptably long
time if they wish <strong>to</strong> pursue a case.
D.—Mutual legal assistance <strong>to</strong> facilitate prosecutions
The <strong>United</strong> <strong>Nations</strong> Convention against Transnational Organized Crime, adopted in 2000,
is intended <strong>to</strong> promote cooperation <strong>to</strong> prevent and combat transnational organized crime
more effectively. Along the same lines, one of the purposes of its supplementary <strong>Trafficking</strong>
Pro<strong>to</strong>col is <strong>to</strong> promote cooperation among States parties <strong>to</strong> prevent and combat trafficking
in persons, as well as protect and assist the victims of such trafficking. In this context,
the provisions of the Convention concerning international cooperation in criminal
matters, including extradition and mutual legal assistance, also apply <strong>to</strong> the <strong>Trafficking</strong>
Pro<strong>to</strong>col and can be used <strong>to</strong> facilitate cooperation between relevant agencies in different
States <strong>to</strong> detect cases of trafficking, collect evidence against traffickers and bring them <strong>to</strong>
justice. These provisions can also be used <strong>to</strong> facilitate cooperation in order <strong>to</strong> freeze, seize
and confiscate traffickers’ assets when these are located abroad. Broader use of the international
cooperation provisions of the Convention, coupled with bilateral and multilateral
agreements or arrangements <strong>to</strong> enhance the effectiveness of relevant mechanisms, are
recommended <strong>to</strong> ensure that an appropriate legal framework is in place <strong>to</strong> pursue traffickers.
Although the efficiency of international cooperation depends on the existence of
legal <strong>to</strong>ols, practical experience has shown that this is not enough. What has also <strong>to</strong> be
in place is a sufficient number of well-trained personnel, <strong>to</strong>gether with the appropriate
resources that help overcome the practical problems arising from operational deficiencies
and bureaucratic obstacles, which often hamper cooperation. Moreover, meeting and working
with the representatives of the criminal justice system in other countries helps foster
mutual trust and confidence—an important precondition for efficient cooperation.
113