Evidential Issues in Trafficking in Persons Cases: …

1 EvidentialIssuesin Trafficking in Persons CasesCASE DIGESTUNITED nations office ON DRUGS AND crime ViennaEvidential Issues in Trafficking in Persons CasesCASE DIGESTUNITED NATIONSV ienna, 2017 This report is made possible by the generous support of the American people through the united States Department of State. united nations office on Drugs and crime , 2017 The description and classification of countries and territories in this study and the arrangement of the material do not imply the expression of any opinion whatsoever on the part of the Secretariat of the united nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries.

2 Or regarding its economic system or degree of publication has not been formally production: English, Publishing and Library Section, united nations office at present publication was developed by the united nations office on Drugs and crime s Human Trafficking and Migrant Smuggling Section under the overall coordination of Ilias Chatzis. The publication was drafted by Rahel Gershuni, with the support of Katharina Peschke and Tatiana Balisova.

3 The united nations office on Drugs and crime (UNODC) expresses its gratitude to those who attended the expert group meetings organized in Vienna (24 to 25 September 2012 and 6 to 8 May 2014) to develop this Case Digest and who substantially contributed to the present publication, including: Amanda Aikman, International Labour Organization; Sawate Apairatana, Thailand; Alain Birot, France; Machteld Boot-Matthijssen, The Netherlands; Leonie von Braun, Germany; Karin Carlens, Belgium; Bridgette Carr, united States of America; Parosha Chandran, united Kingdom of Great Britain and Northern Ireland; Marcelo Colombo, Argentina; Radmila Dicic, Serbia; Santanee Ditsayabut, Thailand; Daniel Foster, Lawyers Without Borders; Florence Hol, The Netherlands; Ruxandra Ionescu, Romania; Ibrahim Aji Joshua, Nigeria; Peter La Prairie, Canada; Martha Lovejoy, united States of America.

4 Marie Lynch, united Kingdom of Great Britain and Northern Ireland; Adel Maged, Egypt; Mohamed Y. Mattar, united States of America; Violet Mavisi, Kenya; Hector Leonardo Mill n Vega, Colombia; Ulrich Nachtlberger, Austria; Michael A. Newton, united States of America; Jedrek C. NG, The Philippines; Elizabeth Norris, united States of America; Natalia Ollus, The European Institute for crime Prevention and Control, affiliated with the united nations (HEUNI), Finland; Elchin Orujov, Azerbaijan; Venla Roth, Finland; Khun Wanchai Roujanavong, Thailand; Andreas Schloenhardt, Australia; Naoki Sugano, Japan; Sukanya Vesvarut, Thailand; Salakubou Ramarasi Vunivalu, Republic of the Fiji Islands; and Lisa West, Australia.

5 UNODC also wishes to acknowledge the contributions of several other experts, for example from India, Israel, Norway, Russian Federation, Swaziland and the Tonga, not mentioned here, who helped to review the draft Case Digest and furnished UNODC with comments and additional cases. Particular thanks are also extended to the following UNODC experts, who reviewed or otherwise contributed to the present publication: Silke Albert, Mary Gniadek, Simone Heri, Martin Fowke, Kristiina Kangaspunta, Karima Masri, Mariana Roncisvale and Simona Schreier.

6 VContentsPageNote to the reader ..vii1. Background .. Introduction .. Mandate and procedure .. Challenges in developing this Case Digest on Evidential matters .. The methodology of case analysis .. Structure of the Case Digest .. 82. Kinds of evidence .. Introduction .. Victim testimony .. Typical weaknesses of victim testimony .. Corroborated versus uncorroborated victim testimony .. Cases with partial or no victim testimony.

7 Testimonial evidence of Persons other than victims .. Out of court statements .. Defendants out of court confessions .. Expert or professional testimony .. Documentary evidence .. Real evidence .. Photographs and videos .. Equipment and other utensils .. Banknotes and marked money .. Biological traces/biological evidence .. Traces of objects .. Witness demeanour and appearance .. Evidence gathered by special investigative techniques.

8 493. The mosaic of evidence .. Introduction .. Circumstances which can contribute to convictions .. Violence or force .. Threats .. Deception .. Subtle means of coercion .. Vulnerabilities of victims .. Restrictions of freedom .. Isolation .. Low pay or absence of pay .. Difficult work conditions .. Poor living conditions .. Lack of access to medical care .. Signs of ownership: objectification of the victim.

9 Debt bondage .. Climate of fear .. Duration of abuse .. The relevance of cultural beliefs and practices .. Circumstances which may weaken a case .. The victim s freedom to come and go .. The victim s power to say no with impunity .. The victim s support system .. Selective treatment of alleged victims compared to Persons in same situation .. Complicity in Trafficking by victim s family.

10 Victim behaviour in the course of the Trafficking process .. 1124. Particularly difficult Evidential challenges .. Introduction .. How to prove the chain of Trafficking ? .. How to prove Trafficking where the intended exploitation never transpired? .. How to handle the subject of victim consent? .. 1325. In-depth analysis of selected cases .. K-165/11 (Serbia) .. Urizar (Canada) .. Wei Tang (Australia) .. Farrell ( united States).