STRENGTHENING LAWYERS LEGAL KNOWLEDGE AND COOPERATION WITH PROSECUTORS AND JUDGES, TO PROTECT VICTIMS OF HUMAN TRAFFICKING RIGHTS IN THE JUDICIAL PROCEEDINGS
This publication has been produced with the financial support of the Justice Programme of the European Union. The contents of this publication are the sole responsibility of ECPAT Germany and can in no way be taken to reflect the views of the European Commission.
Trafficking in human beings (THB) and esp. trafficking of children are complex, not easy to investigate and to identify victims and a challenge to consider the well-being of the victims. At the same time it is a growing global crime with a lot of profit for the traffickers and new forms are being developed. Law Enforcement Agencies perform a key role in preventing and combating this criminal activity. However, to be able to carry out their duties they need to be aware of the current trends and to be able to identify and protect victims. Lawyers acting as victims’ attorney are important for the court proceedings and the protection of victims. The testimony of the victim is important as evidence against a trafficker.
Training for lawyers, prosecutors and law enforcement in general is an essential part of the fight against trafficking in human beings. How are people affected by trafficking in trials, especially child victims? Does the national framework provide adequate protection for children, young people and adults affected by trafficking in human beings?
All lawyers involved in the criminal proceedings must be made aware of the situation, taking into account the traumatization and the hardship of those affected.
Corresponding interrogation techniques and framework conditions (premises, retreats, etc.) must be created in order to give the affected person a sense of recognition and sympathy, thus facilitating the statements for those affected.
The psychological and social situation of those concerned must be taken into account, since often the perpetrators sit in the court and there can be an influence. Victims and perpetrators shouldn´t see themselves. Often the statements of those concerned are also influenced by the knowledge that the families of the victims are threatened by the perpetrators. In this case, more understanding must be given by the jurists involved.
For this reason, raising awareness among the above-mentioned points is indispensable for all involved jurists to ensure adequate protection in the legal proceedings.
The following guide developed by ECPAT Germany serves as a basis for educating involved lawyers and law enforcement in general about the issue and training them about the specific challenges that a process with victims of trafficking in human beings entails. The guide was developed as part of the project Strengthening lawyers legal knowledge and cooperation with prosecutors and judges, to protect victims of human trafficking rights in the judicial proceedings, a project coordinated by the Romanian organization Association Pro Refugiu in partnership with ECPAT Germany, KOK – German NGO network against trafficking in human beings, Bulgarian Gender Research Foundation and Scandinavian Human Rights Lawyers Sweden.
The guide has been written in order to assist people who are providing training to legal professionals on the topic of trafficking and exploitation of human beings. It includes principles of adult learning, methodology to be used in trainings and basics on how to plan and facilitate interactive learning in legal trainings. Although the guide was designed to help implement training about the issue of trafficking and exploitation for legal professionals, we think that it can be used in trainings on a broad range of issues.
ECPAT Germany would like to thanks the author of the guide and the trainer and participants of the train-the- trainer seminar in November 2016 in Freiburg Germany where the handbook was tested. Their feedback was well received and the train the trainers’ guide is now supplemented with additional information and methodology.
We hope that this guide will be useful for your training for trainers and look forward to any improvement suggestions.
