Expert Seminar on the Prosecution of THB:Best Practices for Vulnerable Victim-Witnesses

Office of the Special Representative and Co-ordinator on Combating Trafficking in Human Beings • Aimée Comrie, Adviser • 04 July 2011

osce.org

2

At the core of trafficking is exploitationExploited persons tend to be vulnerable:

May be traumatized and susceptible to re-traumatization Require particular attention and focus from investigator and

prosecutor May be reluctant to cooperate for various reasons May be reluctant to discuss explicit details of their ordeal May be challenged in providing linear narratives which can meet

the burden of proof Benefit from multidisciplinary human rights approach including

psycho-social, medical, legal counselling Benefit from joint investigation teams

> Lorem ipsum dolor sit amet

3

Modern Slavery: What does it look like?

Subtle forms of coercion

Equally pernicious

Equally exploitative

Harder to prove at trial than physical chains

Need to identify factual indicators

4

Need for witness evidence that tells the full story.

5

How can we strengthen victim-witness evidence?

1. By relying less on victim-witness evidence, through strategic investigation planning which aims at a full array of corroborative evidence.

2. Better interview techniques – victim led and full, informed consent obtained throughout the process.

3. Using an array of victim and witness protection strategies even in resource-challenged states which cannot always afford relocation programs.

6

What is a strategic investigation plan?Building a global view of the transaction into the collection:

Specialized unit, multidisciplinary team, gender perspective Trained, neutral, sensitive, professional interpreters Devoted crime analysis including crime pattern analysis Network analysis, modes of liability, chain of command Identify key partners for first contact Use of covert assets or intermediaries if appropriate

7

Aggressive evidence acquisition

Eases the burden on victims and witnesses

Forensic

Documentary

Material, Video, Photographic

Expert, pattern and overview

Financial

Intercept

Suspect, insider or collaborator

8

Don’t forget

Victims and witnesses in trafficking case are often overlooked as a source of vital linkage evidence.

They often are privy to intimate knowledge of the planning and execution of crimes, of the means of communication and the key decision makers in an organized criminal group.

9

Interviewing vulnerable victims and witnesses

Selection of possible witnesses based on availability and profile

Overcoming reluctance of the investigators

Overcoming reluctance of the victim/witness to participate

Overcoming reluctance to speak about certain acts

10

Informed consent is the ethical responsibility of the investigator.

Should include professional evaluation from psycho-social perspective on capacity to consent and should be re-evaluated throughout the interview.

The inherent power dynamics, made worse in THB situations, should make you lose sleep at night – has this person really consented, do they really understand?

Do they know the full extent of the risks and dangers they are submitting their families to?

11

The Step-Wise Interview

1. Introduction

2. Build rapport

3. Free narrative

4. Open questioning

5. Specific questions (optional)

6. Forensic information (optional)

7. Conclusion

12

You have to get to the hard stuff.

Penetration (if sexual assault)

Repeated episodes

Dates, time, length of enslavement

Multiple perpetrators

13

Eliciting sexual acts

Their words first

But get to technical side

Use of diagrams, tools

Watch out for traumatization, do no harm!

Do not use suggestive photos, your or their body, do not paraphrase

14

Assessing credibility

Credibility is assessed without reference to hard fast rules and yet it has to rely on more than a hunch.

15

How to analyze witness evidence?

Coherence

Spontaneous reproduction

Appropriate detail

Contextual embedding

Reproduction of conversation

Unusual details, unexpected complications, peripheral details.

Admitting lack of memory, knowledge

Spontaneous corrections

Expressing insecurities

16

The paradox of repetition…

17

Victim and Witness Protection

•Need for full effective independent VWP schemes vs. reality•Best practices along the way in the absence of VWP:

• Covert assets, partners• Confidentiality• Safe havens, empowerment• Initial response capacity• Communication• Ongoing victim care including psycho-social• Redacted identities vs. anonymous testimony

18

osce.org