REPORTS OF THE COURSEGROUP 1INVESTIGATING AND PROSECUTING TRAFFICKINGIN PERSONS OFFENDERS
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteurs
Members

Visiting Experts
Advisers

Mr. Alexis Ernesto MUNOZ CERPA(Panama)
Mr. HIGUCHI Yoshio(Japan)Mr. Brijesh Bahadur SINGH(India)Mr. Ralph Michael Delos Santos CATAQUIZ (Philippines)
Mr. HAYASHI Masaaki(Japan)Mr. Adolfo RUIZ BEJARANO(Colombia)
Mr. Bazikange John Murhula MAHI
(Democratic Rep. of Congo)
Mr. Ismail ALKHRAISAT(Jordan)Mr. Ambane KAIGLO(Papua New Guinea)
Mr. Nsato Marijani MSSANZYA(Tanzania)
Mr. ICHIMARU Kazuhiro(Japan)Ms. Nekia Hackworth(United States)
Mr. Martin Fowke(UNODC)
Prof. Kumiko Izumi(UNAFEI)
Prof. Shinichiro Iwashita(UNAFEI)The Chairman introduced the topics of discussion, and suggested to narrow the scope of deliberations tofour significant topics to maintain focus. With 11 members, 2 people would comfortably take up a topic anddiscuss it in detail. It was suggested that the aim of the deliberations is to make recommendations rather thanreiterate what has been already said in the Individual Papers, and topics 2, 3, 7 and 8 were chosen from the list.
Later with general consent the scope was expanded to cover the remaining topics as they were found to be
integrally related to the theme.

I. INTRODUCTION
The group reviewed the definitions of Trafficking in Persons (TIP) in the U.N. protocol as well as legal
provisions in various countries, and felt that TIP was a pressing and urgent problem for the world. The
group has also taken note that the most vulnerable victims have been women and children. The task before
the group was to analyze the current situation in trafficking based on individual country experiences,data available and to discuss remedies and countermeasures. The group also took note of best practices
in various countries and the need for replication and adaptation of these according to each country. The
main focus of the discussions was on “Investigating and prosecuting TIP offenders”; various measures forappropriate interviewing methodology, investigative practices, evidentiary issues and witness protection
were discussed at length. The group also dwelled upon measures to encourage reporting of such offences,raising public awareness and victim assistance before and after the investigation stage.

II. SUMMARY OF DISCUSSIONS
A. Current Situation of T.I.P.
1. Modus• Recruitment and victim acquisition
The group took note of the methods and modi employed to acquire/lure potential victims into TIP
and subsequent exploitation. At times, advertisements promising better job opportunities abroad are
published to lure unsuspecting female victims into sexual trade.
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Routes used by traffickers
The group discussed in detail routes used by traffickers and choice of the same; air routes were
found to be used more for Commercial Sexual Exploitation (CSE) as it was economically more
viable. The group noted the need for cooperation of victims with the trafficker especially while
using air routes; Choice of routes — domestic, international, air/land/sea — was seen as dependent
on market economics, the rigors of border controls, terrains and prevalent political climates in the152ND INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

countries of origin as well as destination.
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Countermeasures and circumvention
Governments have been aware of the scale and proportion of this problem and have been implementing
various measures for prevention of TIP; the need for financial statements, return tickets, property
documents, inoculations, etc. has also helped to make illegal travel difficult, thus creating a disincentive
for the traffickers. The traffickers on the other hand are using forgery, fraud and corruption of officials
as means to circumvent these measures.

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Prioritization
The group also talked about the responsibility of airlines and cost of travel of deported persons. Asan effective means of control, the airlines are now very stringent in checking travel documents.
Prioritization by governments of the issue of TIP was discussed, and some examples were citedwhere governments prevented departure of probable victims. It was felt that the governments are
increasingly allocating more resources and trying to put in place effective interventions.

•

Agents
The role of agents who “facilitate travel” by assisting at airports, etc. was discussed. The group feltthat other than organized crime groups which specialize in such operations, freelancing individuals
also indulge in such activities. These people can be found assisting victims with travel formalities
and procedures at airports and borders. It was felt that a complete debriefing of victims gives a more
complete picture of trafficking and modus used.

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Technology
Technologies used by traffickers are getting more complicated and superior, and governments needto match this. Law enforcement in most countries has always been seen to be short of resources,
thus relegating the issue of TIP to the background.

•

Organized crime groups
The role of organized crime groups was analyzed; it was felt that the involvement of these groups
was dependant on the economics of exploitation, the return on “investment” and profitability of such
ventures. Several modi operandi were discussed, e.g. recruiting “babysitters” and then using themas prostitutes or for forced labour, “adoption” of Haitian children and then using them for forced
labour and domestic servitude/slavery.

2. Forms of exploitation
•
•
•
•
•
•
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Commercial Sexual Exploitation,
Involuntary servitude, bonded labour, slavery, debt bondage,
False marriage, forced marriage, “mail order brides”,
Pornography,
False adoption, child soldiering (especially in Africa),
Organized begging,
Sale of organs;
All were discussed with examples from various countries and jurisdictions. It became apparent thatCSE was the most prevalent form of exploitation.

B. Criminalization• Anti-Trafficking legislation
The chairman informed the group that only 80% of the countries which signed the UN protocol haveenacted legislation and taken other significant measures1; it was proposed that the countries thathave not yet passed such legislation be urged to enact it. Confiscation of proceeds of crime should be
an integral part of such legislation. Old penal laws are being used instead of specific anti-trafficking
legislation in some countries, hence the need for legislation in line with the UN protocol.

1 Global Report on TIP, 02/2009, UNODC.

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U.N. conventions
U.N. conventions do not automatically become law without enactment/legislation, but countries
which are a signatory to a convention and a protocol have an obligation to legislate on the subject.

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Legal measures
Use of new legal measures, like asset forfeiture, anti-money-laundering provisions, organized-crime
legislation, etc., need to be included in any such specific legislation. Enhanced penalties, tailor-madeprocedures and new definitions are some benefits of specific legislation.

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National instrument
The group agreed unanimously on the need for a national instrument (commission/task force/
committee, etc.) at the national level to deal with TIP.

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Acts related to TIP
Regarding criminalization of different acts related to TIP, the group recommends that acts related
to TIP should also be penalized; however, it was felt that although it is difficult to comprehensively
cover each and every such act by legislation, the hotbeds of such crime are fairly known and canbe tackled by effective use of allied laws like anti-child labour laws, etc. The need for effective
enforcement of existing legislation was also felt.

C. Obstacles to the Detection, Identification, and Investigation of TIP Cases and Key Elements for
Solutions
1. Detection• Sophistication, e.g. superior quality of forged documents
The group called for training and better technology for detection; also for the addition of better
security features for documents to prevent forgery; countries still using non-electronic/chip-based
passports should shift to electronic ones.

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Lack of will on part of people to cooperate with law enforcement
The group felt that sensitization and awareness of the public and probable victims is the need of thehour; it was also felt that a victim-centered approach to deal with TIP is needed. Professionalism andintegrity with a strong ethical code is needed on the part of law enforcement in dealing with victims.
Some participants felt that incentive schemes for informants would encourage reporting of TIP
crimes.

•Complexity of TIP crime
Better legal provisions covering all aspects of TIP crime and countermeasures are needed inline with the UN protocol; also, awareness and training of the enforcement machinery, especiallyat critical points and jurisdictions, e.g. border check points, is needed. One of the participantsrecounted a case in which 28 persons were prosecuted/deported for illegal immigration, etc., but inretrospect he felt that it was a case of TIP; had he possessed the proper perspective at that time,
he would have booked the perpetrators for TIP rather than the victims; he even recalled arresting
the “agent” responsible for arranging travel documents, but that person was deported. Provisions
for the protection of “undercover” operatives were felt necessary. Similarly, enabling provisions forsurveillance, monitoring and interception are needed. Along with use of all available resources andtools like surveillance technologies, the need for developing human intelligence was emphasized.

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Vulnerability of victims due to language barriers
The group felt that use of interpreters and skilled interviewers especially at immigration points willaid detection. Coordination with concerned embassies/consulates will also help in detecting TIP
crimes.

•Legal status as an immigrant (legal/illegal)
Provisions for temporary stay, protection and guarantees against immediate deportation andprosecution after being identified as a victim of TIP were felt to be effective remedies.

•

Psychological barriers and cultural issues prevent detection
Use of NGOs (non-governmental organizations) and trained counsellors to interface with probablevictims and vulnerable groups can help in removal of such barriers. Also TIP is seen as a “victimless”

152ND INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

crime by society in general, especially when victims are foreign nationals, so there is no social support
or public concern for them.
2. Identification of victims of TIP• Lack of knowledge about TIP on part of law enforcement/prosecution and judiciary
Victims are usually seen as violators of statutes; they also are themselves unaware of the factum of
trafficking. Intensive training, e.g. as the Philippines’ “proactive victim identification program” forvarious agencies, centering on indicators of TIP and sharing of best practices to deal with it, may be
replicated elsewhere.
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The group felt that the element of exploitation is very difficult to prove
It blurs the margins between trafficking and migration; much of TIP may be disguised as migration/
smuggling. Joint/special multidisciplinary teams including members from law enforcement andimmigration, as well as legal professionals, need to debrief victims, from various perspectives
and use the knowledge gained for prevention and identification. Profiling and use of indicators
for preliminary screening of migrants likely to be victims, coupled with detailed interviews whenneeded, will help greatly in identification and detection of victims, at the initial stages of entry ortransit.

3. Obstacles to investigation and solutions for the same
• Legislation
Absence of legal provisions and low probability of successful prosecution may severely limit chancesof proper investigation. Enactment of specific TIP laws in the countries that are signatories to the
UN protocol but have yet not legislated on it was urged upon.
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Pattern identification
Better investigation and feedback from individual cases to identify patterns, networks, individuals
and economics of the TIP trade (e.g. drug cases are taken up as the highest priority), would help in
unraveling the chain of offenders and their nexus across boundaries.

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A manual of procedure
S.O.P.s, i.e. Standard Operating Procedures (like the Philippines’ “Manual on Law Enforcement andProsecution of Trafficking in Persons Cases”), may be adapted to specific country needs and used asa template or model.

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Coordination and cooperation
In a chain of offences, parts of the offences or specific acts may be committed in different countries
and jurisdictions, and obtaining evidence and witnesses across such barriers become very difficult.
Lack of coordination and cooperation between different countries and stakeholders is also a
serious impediment. The participants felt that sharing of best practices, learning across agencies
and borders, inter-agency cooperation, and better training, were suggested as means to remove
obstacles to investigation. Exchange of intelligence and information between countries of origin,transit and destination will help in proper investigation.

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MLAT (Mutual Legal Assistance Treaty)
Different legal systems and provisions across borders also severely limit the scope of investigation.
Also the outcome of the case heavily depends on the victim’s testimony, which is difficult to obtain.
MLAT treaties need to be signed between countries facing TIP crime and related issues.

D. Measures to encourage victim cooperation• Protective measures
During investigations, safe houses or other such protective measures, including accommodation,
may be provided for the protection of the identity of the victim to prevent intimidation and further
harm by defendants/traffickers. Provisions for in camera proceedings, confidentiality of proceedings,
and testifying via video link during trials (including legal provisions for the same) have been usedsuccessfully in some countries and may be replicated elsewhere. Offering immunity from prosecution,
as embodied in certain countries’ laws, when crime is a result of trafficking; providing temporary
residence in the country of exploitation; special status/non-deportation; repatriation instead of65

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deportation to prevent stigma, etc. — all are valuable protective measures to assist victims of TIP.
During field visits to Japanese district courts, the participants were exposed to the use of video links
and other advanced technologies used in the courtroom. The group was very appreciative of suchmeasures and resolved to recommend use of these in the members’ respective home countries, too.
•Interview procedures
Simplifying interview procedures with a victim-centric approach will go a long way in ensuring
victim cooperation during investigation. Free legal aid and counselling, services of interpreters,
assistance to claim compensation; medical and psychological assistance, vocational training andguidance for rehabilitation will go a long way in ensuring victim cooperation.

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Special precautions for women and children
When the victim is a minor, special precautions may be needed; most countries have specificlegislation dealing with the protection of children’s rights. In the case of female victims, presence ofa trained female interviewer during the interview can be of great help. Family members of victims
may be at risk; protection measures are needed in the victim’s home country/town.

E. Appropriate interview methods• Special interview methods
Sensitivity and empathy towards the victim and her/his suffering; based on the type of exploitation
suffered, social and cultural background, special vulnerabilities, etc.; skilled/trained and matureinterviewers to handle victims with care, special methods needed for child-victims. Choice ofinvestigator, his/her skills, preparation and the environment, etc. is very important. Sometimes aninterviewer of a similar ethnic or cultural/linguistic background may be used to establish rapport.
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Assurance of protection
An assurance of safety (of self as well as family members, etc.), protection from reputation loss ormedia/public exposure need to be ensured before the start of the interview.

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S.O.P.
A manual of procedure/protocol needs to be utilized; it may include provisions of confidentiality,
assurances, knowledge about laws/procedures of the country, his/her role in the process, awarenessof rights, etc.

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Child-friendly interview
In case of child-victims, background information may be obtained by talking to parents/caretakers;
investigators should use this information to gain trust. The presence of parents during the interview
may at times be counterproductive. Assistance of psychologists and social workers adept at dealing
with children can be helpful. Formulation of child-friendly interview guidelines is needed.

F. Measures to encourage reporting• Awareness campaigns
Establishing hotlines and “action lines” dedicated to TIP, also ensuring anonymous reporting.
Awareness campaigns in media, posters, workshops with vulnerable sections, direct public contact,etc. have been suggested as means to encourage reporting. The participant from Colombia informed
the group about such a campaign successfully run in 2008, which resulted in a large increase in theapprehension and prosecution of TIP offenders.
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Witness protection programmes/provisions/mechanisms/court orders, immunity from criminal
prosecution, and other measures, including protection of identities, can be undertaken; different
kinds of persons may be in need of disparate arrangements.

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Use of technology, e.g. SMS for anonymous reporting and building information databases forstructured response.

G. Measures for investigation• Evidentiary issues
Special kits (based on type of evidence/crime) for collection, preservation, packaging and transport

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152ND INTERNATIONAL TRAINING COURSEREPORTS OF THE COURSE

of biological and other evidence have been in use in some countries, and this may be replicatedelsewhere. Training and orientation with proper procedures to collect physical evidence is needed.
Evidence may also be documentary, digital or concerning financial transactions, forgery and otherrecords and transactions.
•Technology
Surveillance, wiretapping and interception of telecommunications and internet communications canbe used in accordance with safeguards and procedural precautions; however, many countries allow
use of such techniques only in cases of threat to national security, thereby severely limiting its utility
to criminal cases. The group felt that law enforcement agencies should be well equipped with thelatest technology and equipment to be a step ahead of the perpetrators of crime.

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Turf wars
Inter-agency cooperation within the country is an urgent need; turf wars between agencies also
prevent cooperation and coordination regarding human trafficking.

•Confiscation of proceeds
Legal provisions regarding confiscation of proceeds of crime are usually available post-conviction;
in some countries the standard of proof used for asset confiscation regarding proceeds of crime is“preponderance of probabilities [evidence]”, which makes it a very useful provision. One limitation
cited by some participants was that asset confiscation provisions were available only for drug-relatedcases, as until recently in Panama (new legislation includes such provisions); many other countries
such as India have provisions for asset confiscation in the Criminal Procedure Code, which havebeen successfully used in TIP cases, too. The group felt that TIP cases should be covered under it,
e.g. innocent couriers are used as “mules” to carry huge sums of money across borders especiallythrough air routes.

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License suspension
Participants also mentioned closure of licensed premises or withdrawal/suspension of shop/
establishment provisions if found to be indulging in TIP.

H. International cooperation• Mechanisms and practices
The Convention on Transnational Organized Crime and protocol on TIP are not fully implemented
in reality, and countries urgently need to put mechanisms and practices in place. All agencies
involved in different countries need to be made aware of existing provisions and the importanceof cooperation. Participants also expressed the feeling of satisfaction and significant change inperception along with an increase in awareness about the need for international cooperation; theyalso vowed to put learning points into practice.
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Informal channels
Group members recounted successful cases of informal coordination between agencies acrossborders where victims of human trafficking were rescued, without resorting to formal diplomaticchannels of communication. Members also mentioned informal joint meetings (about various issues
including border control, crime and intelligence matters) as being a very successful practices which
ensure quick responses through personal contacts, cutting red tape and procedural delays. Quick
responses are needed in criminal investigations, especially human trafficking cases; formal channelsof communication and the absence of informal mechanisms ultimately delay and create impediments
in prevention and tackling of TIP. Ad hoc lecturer, Mr. Senta, recommended the use of informal
channels to cut red tape and speed up proceedings during the investigation stage, and a visiting
expert, Mr. Wanchai, also echoed the same feelings. One of the Japanese participants mentioned thatin a particular case relating to Thai traffickers, information by fax (before using MLAT procedures)
was sent to Thailand resulting in the subsequent arrest of a broker there.

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Intelligence sharing
Regular communication and interchanges of information and intelligence will ultimately lead toprevention of such offences even before they are committed. Participants from Latin America
mentioned formal and established mechanisms of information sharing (quarterly meetings) between
neighboring countries regarding crime including TIP; similar practices exist on the African continent67

RESOURCE MATERIAL SERIES No.89(SAPCCO; Southern Africa Police Chiefs’ Cooperation). AMERIPOL (American Police Community)
and CLACIP (Latin American and Caribbean Community of Police Intelligence) in Latin Americancountries have been performing these functions.

III. CONCLUSIONS
The group recognized the impact of the course on the participants; it analyzed the existence anddimensions of the problem, discussed remedial measures as practiced by different countries, various
methodologies of implementation of recommended strategies and ultimately benefiting the victims ofTIP. The group felt that the course has given them insight and a new perspective on TIP. The participants
affirmed that they are going back home with a lot of shared knowledge about diverse practices and measures
to tackle this heinous crime against humanity.

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The group recognized the importance of a victim-centered approach.

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The importance of the use of informal channels rather than formal ones was reiterated, especiallyduring the investigation stage. The members also resolved to use these in practice in their homecountries upon their return; the need for international cooperation was emphasized.

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The requirement of a policy initiative and a “National Instrument” comprising different stakeholders,
including law enforcement, public prosecution, immigration, welfare (child and women) departments,
NGOs, social workers and specialists from the field of psychology and sociology, as well as victim
support groups, was seen as an essential measure to address the issue of trafficking in persons
holistically.

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Special Anti-TIP Units within law enforcement were recommended to be established.

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Capacity-building of different stakeholders in the form of training and sensitization was emphasized.

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It was unanimously felt that public awareness regarding TIP is the need of the hour, and governments
were urged to provide enough resources for the same.

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TIP, being complex and widespread and no country being free of it, needs specific legislation in linewith the UN protocol on Trafficking in Persons, which defines the Actions, Means and Purposes oftrafficking and criminalizes them.

•Participants felt that enhancements in technologies of investigation and detection should be shared
between different countries in the world to effectively tackle TIP and other crimes, and a framework
for the same was recommended to be created.