Retroalimentación (15 minutos)

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that kind of advantage (see tool 5.8).

Investigators have a duty to respect and protect the rights of victims of trafficking. Tools 5.9 and 5.10 describe these duties and relate to the need to ensure the safety of victims during an investigation.

Finally, direct witnesses of a crime are always a crucial element of a successful prosecution and offering them effective protection often becomes an essential con- dition of effective intervention (tools 5.11 and 5.12).

TRAINING TOOLS FOR LAW ENFORCEMENT AND JUDICIARY

UNODC training manual on the implementation of the ECOWAS Plan of Action against Trafficking in Persons

http://www.unodc.org/pdf/ecowas_training_manual_2006.pdf

Law Enforcement Manual for Fighting against Trafficking in Human Beings (UNDP) http://www.undp.ro/governance/Best%20Practice%20Manuals/

Anti-trafficking training module for police (International Centre for Migration Policy Development)

http://www.icmpd.org/uploadimg/Comprehensive%20Training%20Strategy.pdf

Training materials for judges and prosecutors (International Centre for Migration Policy Development)

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TOOL 5.1 Reactive, victim-led investigation

Background

A reactive investigation as a result of a complaint from one or more victims is often necessary, even if it does not always lead to a successful action in terms of arrest and prosecution of offenders. In such cases, the need for an immediate interven- tion to protect the victims may afford little time to implement a proactive investi- gation to obtain independent evidence. The result is often that the investigators will be left with suspects but no viable evidence upon which to prosecute them.

Investigations triggered by victims’ complaints

In all cases where victims come to the attention of the law enforcement agency, the following responses may be applicable:

• Immediate intervention against the traffickers in order to rescue other victims or to prevent further potential victims from being entrapped or to secure evidence that may otherwise be lost, or both

• Utilization of the intelligence or statement of the victim or third party as the basis for developing and conducting a proactive or disruptive investigation into the traffickers

• Utilization of the intelligence or statement as the basis for an in-depth, intelli- gence gathering operation into the traffickers

Where the assessment of risks for the victims clearly indicates the need for imme- diate intervention, it is necessary to take prompt action.

Where the level of risk to remaining victims or the need to secure vital evidence demands an immediate intervention, the case must move to the arrest phase, where the following guidelines should be followed:

• Every suspect against whom there is sufficient evidence to justify the action should be arrested, no matter how minor or peripheral his or her role. The rea- son for this recommendation is that experience has shown that the major play- ers in any network will often take full precautionary measures to conceal their part in the crime. They will be extremely unlikely to retain possession of any incriminating documentation and are likely to remain silent throughout any inter- view process.

• There will always be a possibility in this type of case that an arrest will need to be implemented at very short notice, for example, following the compromise of the surveillance or undercover officers or the sudden increase in the risk level to the victims. Therefore, it is advisable to have a skeleton arrest plan prepared and ready to go from an early stage of the operation, a plan that can then be refined as the operation progresses.

chapter 5 Law enforcement and prosecution

• The arrest phase should be timed and coordinated so as to maximize the oppor- tunity to simultaneously arrest as many of the suspects as possible and to res- cue as many victims as possible. In addition, the objective is to execute the plan at a time that will offer the best prospect of securing further evidence as the arrests are made.

Where time permits and the intervention requires the raid of a premises, detailed planning of the raid should be carried out. It is worth considering deploying an undercover or covert officer before launching the raid and proceeding with the arrest of the suspects. This will provide an opportunity for a reconnaissance of the prem- ises to estimate the number of persons present and the layout of the premises such as means of entry, the presence of reinforced doors, or the numbers of rooms. The risks posed by the arrest operation and the resources required to overcome them can then be properly assessed.

For a variety of reasons, reactive investigations are often the least effective option for investigators. For instance, a victim may initially provide a statement and prom- ise to testify in judicial proceedings and then withdraw his/her cooperation with detrimental consequences for the ongoing investigation.

TOOL 5.2 Proactive investigation

Background

The complexity of the investigation in human trafficking cases tends to dictate long- term, sustained efforts based on solid intelligence gathering and analysis and multi- agency collaboration. This tool introduces the reader to an example of a multi-agency, intelligence-led approach that brought together law enforcement, the intelligence community and various government departments.

The proactive option

What is the proactive option and why use it? For the purposes of this Toolkit, the proactive option in the context of trafficking in persons means the investigation, arrest and successful prosecution of traffickers without having to rely upon the coop- eration and testimony of the victims.

By using a combination of intelligence, human and technical surveillance, under- cover deployments (when authorized under the law) and standard investigative tech- niques, investigators can identify the traffickers and ensure that they are effectively prosecuted. The use of this option is simply an acknowledgement on the part of law enforcement agencies of the real difficulties confronting the victims of traffick- ing who may not wish or be able to testify against their exploiters.

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The proactive option provides the means whereby law enforcement agencies can take steps to combat the traffickers without the complaint and evidence of the vic- tims. It is not intended to disenfranchise the victims from the prosecution process— far from it; the testimony of the victim will always remain the prime source of quality evidence. This option simply acknowledges the reality that such testimony is rarely forthcoming.