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must also be sensitized to the paramount requirement of ensuring the safety of traffi cked
persons. This responsibility lies with the investigator and cannot be abrogated. 300
Several major instruments on traffi cking also refer to it as, in itself, a violation of human
rights. In other words, an essentially criminal activity, in which the state has no formal
involvement, is said to be a human rights violation. This is signifi cant because the
discussion then turns to either state responsibility for criminal acts of private individuals,
and/or private and individual responsibility for human rights violations. 301 Treating it as
the latter seems wrong since the abuse carried out by the traffi cker should be covered by
national criminal law and simply considered a criminal law offence – such as “simple”
murder or rape is. In order to consider a violation as a human rights offence the state
must in some way be accountable. This is the case when the principle that states must
not only respect but ensure human rights protection, suggesting that human rights may
be breached by non-state actors but with accountability going back to the state for not
fulfi lling one of its obligation levels. In this case the accountability remains with the state
and the individuals’ accountability remains confi ned to criminal law. A proof of this is
that a victim cannot pursue remedy against another individual under human rights law.
This means that the state has to remain the accountable entity, but that the obligation
of the state extends to the level of ensuring protection against violations by private
300 Guideline 5. States and, where applicable, intergovernmental and non-governmental organizations
should consider: 1. Sensitizing law enforcement authorities and offi cials to their primary responsibility
to ensure the safety and immediate well-being of traffi cked persons; 2. Ensuring that law enforcement
personnel are provided with adequate training in the investigation and prosecution of cases of
traffi cking. This training should be sensitive to the needs of traffi cked persons, particularly those
of women and children, and should acknowledge the practical value of providing incentives for
traffi cked persons and others to come forward to report traffi ckers. The involvement of relevant
non-governmental organizations in such training should be considered as a means of increasing its
relevance and effectiveness. 3. Providing law enforcement authorities with adequate investigative
powers and techniques to enable effective investigation and prosecution of suspected traffi ckers.
States should encourage and support the development of proactive investigatory procedures that
avoid over-reliance on victim testimony. 4. Establishing specialist anti-traffi cking units (comprising
both women and men) in order to promote competence and professionalism. 5. Guaranteeing that
traffi ckers are and will remain the focus of anti-traffi cking strategies and that law enforcement efforts
do not place traffi cked persons at risk of being punished for offences committed as a consequence
of their situation. 6. Implementing measures to ensure that “rescue” operations do not further harm
the rights and dignity of traffi cked persons. Such operations should only take place once appropriate
and adequate procedures for responding to the needs of traffi cked persons released in this way have
been put in place. 7. Sensitizing police, prosecutors, border, immigration and judicial authorities, and
social and public health workers to the problem of traffi cking and ensuring the provision of specialized
training in identifying traffi cking cases, combatting traffi cking and protecting the rights of victims. 8.
Making appropriate efforts to protect individual traffi cked persons during the investigation and trial
process and any subsequent period when the safety of the traffi cked person so requires. Appropriate
protection programmes may include some or all of the following elements: identifi cation of a safe place
in the country of destination; access to independent 1egal counsel; protection of identity during legal
proceedings; identifi cation of options for continued stay, resettlement or repatriation.
301 Piotrowicz, R.: Traffi cking of Human Beings and their Human Rights in the Migration Context,
p. 278.
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