Trafficking in human beings: human rights and ... - unesdoc - Unesco

victims compensation fund. Traffi cked persons also must have the right to access the
courts and seek compensation, restitution and damages. 327
VICTIMS/WITNESSES
Too many traffi cking victims are still seen as perpetrators and not as victims, probably
because it often is up to police offi cers to identify them when searching for irregular
migrants.
The terms victim and witness are not necessarily two of the same and will have different
meanings between different jurisdictions. A person may be declared a victim after a
judicial process. Once victim status is secured following the judicial process, the victim
may have access to protection and support. In other jurisdictions, the term victim is
used as a general interpretation of a person’s status. The term ‘witness’ has a more limited
meaning and relates to a person giving testimony in court, a person who has information
about the particular crime and/or a person making a written statement or giving evidence
in court. Different terminologies will be used by different Jurisdictions. For traffi cking in
persons investigations, victim-witnesses are generally the most vulnerable witnesses in the
case. Measures for the protection and support of traffi cked victims should therefore be
developed and implemented in every jurisdiction to support the criminal justice system.
The safety and support of the victim during the criminal investigation is the priority given
their vulnerability and the trauma they have suffered as a result of being traffi cked. 328
The role of witnesses and the evidence they provide in criminal proceedings is often
crucial in securing the conviction of offenders, especially in respect of organized crime
such as human traffi cking. This tool presents the provisions of the Organized Crime
Convention relating to the protection of witnesses (Art. 24) and obstruction of justice
(Art. 23, subpara. (a)). The protection may include physical protection, domestic or
foreign relocation, special arrangements for giving evidence and relocation agreements.
Prosecuting offenders or their accomplices under criminal law for intimidating or
threatening witnesses is another means of protecting witnesses from such acts. According
to Article 24 of the Organized Crime Convention, States parties must take appropriate
measures within their means to provide effective protection from potential retaliation or
intimidation for witnesses in criminal proceedings who give testimony concerning offences
covered by the Convention and, as appropriate, for their relatives and other persons close
to them. These measures may include: Establishing procedures for the physical protection
of such persons, such as relocating them and permitting limitations on the disclosure of
information concerning their identity and whereabouts; Providing evidentiary rules to
permit witness testimony to be given in a manner that ensures the safety of the witness.
327 Ibid. p. 25.
328 UNGIFT: The Vienna Forum to fi ght Human Traffi cking 13-15 February 2008, Austria Center
Vienna Background Paper. 006 Workshop: Criminal Justice Responses to Human Traffi cking.
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