GROUP 3
MEASURES FOR THE VICTIMS OF CRIME AT EACH STAGE OF
THE CRIMINAL JUSTICE PROCESS WITH SPECIAL ATTENTION TO
VICTIMS OF ORGANIZED CRIME
Chairperson
Co-Chairperson
Rapporteur
Co-Rapporteur
Members
Visiting Experts
Advisers

Mr. Mahito Araki
Mr. Conrado A. Reyes
Mr. Shakeel Ahmed Durrani
Mr. Balarabe Nayaya Sulaiman
Mr. Masaki Yokose
Mr. Muliawan Wawan
Mr. Ko Takano
Professor Cho Kyoon Seok
Ms. Kim Herd
Ms. Martina Peter
Professor Junichi Watanabe
Professor Naoyuki Harada(Japan)(Guatemala)(Pakistan)(Nigeria)(Japan)(Indonesia)(Japan)(Korea)(USA)(Germany)(UNAFEI)(UNAFEI)

I. INTRODUCTION
Group 3 started its discussion on 22 January 2010. The group elected by consensus Mr. Araki as
Chairperson, Mr. Reyes as Co-Chairperson, Mr. Durrani as Rapporteur, Mr. Sulaiman and Mr. Yokose as
Co-Rapporteurs. The group, which was assigned to discuss “Measures for the victims of crime at the eachstage of the criminal justice process with special attention to victims of organized crime”, agreed thatsince organized crime is a very vast subject, it might not be possible to cover all its aspects. Keeping thislimitation in mind, the group unanimously decided to focus on human trafficking, as it is emerging as one
type of organized crime which is affecting almost every country in one way or another. After having agreed
on human trafficking as the main subject of the group discussion, the group conducted its discussion inaccordance with the following agenda:
1)
2)
3)
4)
5)

Definition of Human Trafficking;Current situation with regard to the treatment of victims of human trafficking in participating
countries;
Measures and counter-measures in place to alleviate the sufferings of victims of human trafficking;Conclusion;Suggestions.

II. SUMMARY OF THE DISCUSSION
A. Definition of Human Trafficking
The discussion started with the definition of organized crime and human trafficking as one of its
components. As compared to ordinary crime, organized crime involves planning and co-ordinated execution
among the tentacles of the organized criminal groups. It is transnational in nature. In the case of humantrafficking, there are normally two or more countries involved i.e. the country of origin (from where thevictim is trafficked), the transit country (through which the victim is trafficked) and the destination country(country to which the victim is finally trafficked). The group also attempted to differentiate between humantrafficking and migrant smuggling. The participants opined that in the case of migrant smuggling, thesmuggled persons’ consent is crucial. On the other hand, there is always an element of deceit, intimidation,coercion or enticement in cases of human trafficking.
B. Current Situation with regard to the Treatment of Victims of Human Trafficking in ParticipatingCountries
Japanese participants were of the view that Japan could be a destination country for the victims of humantrafficking. Since there is growing global concern regarding human trafficking, the Japanese government
should adopt a proactive approach in order to identify the victims of human trafficking in Japan and provide

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them with necessary assistance before their respectful deportation to their countries of origin. The groupshared the concern that the trafficked persons, when detained in transit or destination countries, are,invariably, treated as illegal residents (immigrants). They are subjected to the same kind of harsh andinhuman treatment that is meted out to the offenders, which makes them victims of secondary victimization
at the hands of law enforcement authorities. Once viewed as illegal immigrants, the victims of humantrafficking lose all prospects of respite. Even though they are provided with immediate assistance such as
medical care and food, the victims (trafficked persons) do not receive any other assistance which might
include legal assistance, safe accommodation, translators, etc. A few participants disclosed that those adults,
who, of their own volition, opt to be trafficked, or smuggled, are prosecuted upon their apprehension in theircountry of transit or destination. They are also prosecuted in their original country upon their return after
deportation from transit and destination countries.
Participants from a few countries informed the group that there was no state compensation for victims ofany crime in their countries. However, if a victim suffers financial damages, his or her loss is compensatedfrom the recoveries made from the offenders. In the case of human trafficking, the same procedure isadopted. Since the offenders of organized crime are very difficult to detect, poor victims end up being
victims of multiple victimizations. Pursuant to ratification of the UN conventions, some countries madenew special or specific laws relating to the victims of human trafficking, but they were found to be either
insufficient or followed no strict enforcement.

C. Measures and Counter-measures to alleviate the Sufferings of Victims of Human Trafficking
Following local legislation, some countries adapted measures for the victims of human trafficking.
National level agencies were established to identify and protect potential and actual victims. For instance,in Nigeria, the National Agency for the Prohibition of Trafficking in Persons is equipped with necessary
material assistance for victims of human trafficking, especially those who are deported from transit anddestination countries. The agency also provides other assistance such as legal and psychological counselling
for traumatized victims. However, meagre resources adversely hamper the activities of the Agency.
Participants from other countries also quoted the scarcity of resources to be the major impediment towards
adherence to national and international commitments with regards to treatment of trafficked victims.
III. CONCLUSION
The group unanimously agreed on the fact that the existing laws were not sufficient to protect victims
and witnesses at all stages of the criminal justice process with respect to organized crimes. Even if there
are laws, their enforcement is defective. The main emphasis and focus of the law-enforcement agencies
is to arrest, prosecute and punish offenders (agents) of trafficking-related offences. Little attention is paid
to the sufferings and plight of victims, particularly at the investigation stage, which renders them victimsof secondary victimization. The group opined that new legislation was required which should be aimed atprotecting the victims of this organized crime. Victims of human trafficking should be treated as victims
regardless where apprehended. Their treatment as offenders subjects them to secondary victimization
which is against the very spirit of international and national legislation. The group also shared the alarming
concern that there was no state compensation for the victims of organized crime in some countries.
A. Suggestions
After thorough and detailed discussions on the sensitive issue of victims of human trafficking, the groupsuggested the following short and long-term measures.
B. Short-term Measures
1. Special Units entrusted with the task of providing protection and safety to the victims and witnesses oforganized crimes should be established;
2.

Officials associated with the criminal justice system, especially at the investigation stage, should betrained in such a way to bring about behavioral and attitudinal changes in their treatment of victims ofhuman trafficking. Sensitization of such individuals to the sufferings of victims of human trafficking isessential for the success of any measure. The government should improve upon the existing measures
to make them more victim-friendly and comfortable;

3.

More co-ordination and co-operation amongst various agencies/organizations in collaboration with182

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NGOs/civil society organizations should be streamlined by the national commission for prohibition ofhuman trafficking in each country;
4.

Awareness-raising campaigns should be launched targeting the potential victims, particularly more
vulnerable groups, to educate them on all aspects of this crime. Different aspects of this crime, such as
risk to life and health, should be highlighted in such awareness-raising campaigns;

5.

Vulnerable and weak groups such as trafficked children and women should, in no case, be treated as
offenders. If and when detained, they should not be confined and should be provided with all possible
material assistance including psychological, social and legal counselling. Efforts should also be made toensure that the victims are notified of their above-mentioned rights;

6.

The affected countries, including country of origin and destination, should post representatives on areciprocal basis who would liaise and oversee the treatment that is meted out to the victims hailing fromhis or her country.

C. Long-term Measures
1. The group suggests the establishment of an administratively and financially autonomous national levelcommittee entrusted with the exclusive task of ensuring provision of immediate assistance to thevictims of organized crime, particularly, human trafficking. In addition to the rehabilitation of victims,
the committee should also devise ways to ensure restitution/compensation to the victims;
2.

Best practices of victim treatment from countries should be replicated, even if they do not relate to thevictims of human trafficking;3.

A national commission for prohibition of human trafficking, comprising legislators, academics,intelligentsia, representatives of I/NGOs and seasoned criminal justice practitioners, should re-visit/
re-assess the existing substantive and procedural laws relating to human trafficking and its victims.
They should suggest amendments as they deem fit for the victims of this inhuman crime;

4.

The affected countries, i.e. origin, transit and destination, should maintain close co-ordination with one
another. Bilateral and multilateral MOUs (Memoranda of Understanding) should be signed between
these countries aimed at treatment of human trafficking victims with compassion and respect, eventhough these victims might emerge prima facie as offenders (illegal residents);

5.

These MOUs should also include provision of informal mechanisms of information-sharing relating to
the identification and protection of victims of human trafficking;6.

Private sector participation should be ensured and multi-national companies should be co-opted toextend social assistance to the victims of human trafficking;7.

An independent national institute should be established to conduct studies in victimology with specialreference to the victims of organized crimes, including human trafficking;8.

The respective governments should create crime victim funds. A reasonable percentage of proceedsfrom the executed fines received from the defendants of all types of crimes should be deposited intosuch funds and compensation to the victims should be made from such funds;9.

In addition to creation of crime victim funds, it is also suggested that the proceeds received or
recovered from the confiscated items of the offenders of organized crimes should also be used forcompensation and restitution to victims.

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