Transcript Standard Operating Procedures (SOPs) for the

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Standard Operating Procedures
(SOPs) for the Identification and
Protection of Trafficking Victims
Sri Lanka
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Objectives
• To ensure the effective identification and
protection of victims including the establishment
of a referral mechanism to provide appropriate
assistance.
• To ensure all stakeholders follow recognized and
accepted standard operating procedures in relation
to victims.
• To agree and move towards the adoption of specific
steps by the relevant authorities in the
identification protection and provision of
appropriate assistance to victims of human
trafficking.
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Overarching Principles
• The SOPs strongly emphasize that trafficking
victims must be assisted in such a way as to
ensure that their human rights are fully
respected and their confidentiality, safety and
security guaranteed.
• That (ideally) officials who assist victims should
be emphatic and understand the concerns from
the victim’s perspective. Decision making about
the victim should come from and be based upon
the ‘best interests of the victim’.
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Remember
Victims have a right to be
protected, consulted and
informed of all actions being
taken on their behalf.
Confidentiality, ethics and safety
considerations are central
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Overarching Principles
The SOP adheres to the guiding principles of the Victim
and Witness Protection Bill in terms of
1. Providing for the protection of victims of crime and
witnesses of human trafficking
2. Highlighting the rights and entitlements of victims of
crime and witnesses and providing for a mechanism for
the enjoyment of such rights and privileges
To this end, the finalisation, implementation and
monitoring of the SOPs will come under the
responsibility of the new Task Force on Human
Trafficking led by the Ministry of Justice.
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Phases of the SOPs
The SOP contains five phases
1. First information reporting
1.1 Preliminary information sharing/ identification of
needs
2. Immediate response to urgent needs
2.1 Providing information after identification
3. Investigation
4. Prosecution (Criminal Proceedings, Pre-trial,
trial, Post- trial (Protection)
5. Return/ repatriation
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Phase 1: First Information/ Complaint
Reporting
• Report to the police (reactive), police initiate
raid (proactive – see raids)
• Information / complaint reaches Sri Lankan
Bureau For Employment (SLBFE), National
Child Protection Agency (NCPA), Embassy,
hotline, Non-Governmental Organisation (NGO)
e.g. Women in Need. Either within Sri Lanka or
from overseas.
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Examples of Complaints
• Police may receive complaints from foreign
nationals trafficked into Sri Lanka by a
transnational criminal gang/ national victims
• SLBFE may receive complaints through family
members / embassies about victims abroad
(domestic servants) or through one of its 22 branch
offices
• Immigration may detect traffickers trying to enter or
leave Sri Lanka. Foreign nationals identified in Sri
Lanka are referred to Immigration. Detention center
is holding Chinese, Indians, Thais, Russians.
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Phase 1: Initial Filter
• Pre-interview assessment indicators before
actual interview to determine status (Annex 1 –
police screening form)
• At present only police use screening form.
Standardized screening needs to be expanded to
include all Task Force members.
• Interview conducted by a trained officer
• Assessment is corroborated
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Phase 1: Checklist – Identifying
Trafficking
• Use screening form to identify trafficking
• Police require indicators to identify victims (age,
gender, source community, transit point(s),
indicators of abuse and trauma) especially evidence
of exploitation (both sexual and labour) in a range
of establishments.
• Profiles of traffickers are also used
• Identification should assist with initial indication of
offence(s) of trafficking under the law (source,
transit, destination points, scenes of crime, injuries,
trauma)
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Phase 1: Preliminary Information
Sharing & Identification of Needs
• Police need to act on and verify Information
• If victim outside the country take steps to return
and repatriate
• Arrested suspect(s) and victim will be presented
before a magistrate who will determine course of
action. Suspects will be remanded until bail is
considered. Victims may be referred to a
shelter
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Phase 1: Preliminary Information/
Identification of Needs
• Initial assessments will center on the ‘safety and
security’ needs (especially physical safety) of the
victim (and their families) and protective measures
should be considered.
• Needs will be different if the victim is a national or
foreign national or child. Action by immigration
officers will be different e.g.. Provide a translator
when required and inform embassy / diplomatic
representative
• Give time for rest and recovery in order to allow the
victim to make an informed decision about next
steps
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Phase 2: Meeting Urgent needs
• Represents the first step in the assistance
package. Before formal identification
• Following consent and decision to prosecute a
risk assessment / security plan should be
developed (form required)
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Phase 2: Early Risk Assessment and
Urgent Needs
• Risk assessment indicators include:
1.
2.
3.
4.
5.
Pain / discomfort
Medical problems
Severe anxiety. Stress
Psychological problems
Safety concerns especially in relation to self and family
members.
6. Legal illiteracy and need for support
Victims often need to be referred
urgently to a Shelter
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Phase 2: Child Victims
• If age has not been verified the presumption is
that the Victim is indeed a child and child
friendly guidelines are to be followed.
• Age is crucial in determining offences to be
brought and the issue of consent. Will be
determined by JMO
• Following assessment and verification of age,
if the victim is a child she/ he should be referred
to the National Child Protection Authority
(normally by police).
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Phase 2: Victim Identification
• Will be determined through interview by trained
officials
• Interviews should ideally take place only after
the consent of the victim has been sought and
the victim briefed on his/her options, next steps
• Individuals are not under any obligation to
cooperate and may decline interview &
assistance.
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Phase 2: Providing Information after
Identification
Victims have the right to legal redress
and may decide to cooperate with the
police and the prosecutor and require
special measures to enable their full
participation in criminal proceedings
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Phase 2: Providing Information After
Identification
The victim will be made fully aware of
•
•
•
•
•
Rights and responsibilities and the roles and
responsibilities of all actors in the process
Court process, including the necessity to cooperate with
the police and procedures and of the physical presence
of the trafficker at the trial.
Information provided may be subject to disclosure
requirements
Of the necessity of testimony for the proceedings and
the consequence of providing testimony
Steps to be taken to guarantee personal safety (and
family) including shelter stay.
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Phase 2: Decision to Prosecute
Decides to
Prosecute
(national)
Decides to
Prosecute
(foreign
national)
Does not decide 7/18/2015
Does not decide
to Prosecute
to Prosecute
(national)
(foreign
national)
1. Information on
evidence
gathering
process
2. Information on
the judicial
process
3. Testimony and
protection
options
4. Info’ on the
assistance
available and the
conditions of
assistance (stay
in a shelter)
As national (14) with visa
extension
Information on
assistance
available
Repatriation
after trial
Repatriation
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Phase 3: Victim and Witness Protection
Victim and witness protection will
improve victim identification,
institutionalize a system of
protection and produce better
evidence.
This in turn will increase the
likelihood of bringing justice to
victims through the successful
prosecutions of traffickers
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Phase 3: Victim and Witness Protection
• Victim and witness protection requires properly trained
authorities (especially police and immigration) and
sensitive prosecutors, lawyers providing legal support to
the victim and trained and adequately resourced service
providers and a well-resourced Shelter
Protection should seek to alleviate TWO traumas
1) having been trafficked / abused
2) reliving the trauma publically in a court of law.
Victims can experience secondary victimization during
investigation e.g. through insensitive and adverse
questioning by police and lawyers / embarrassing and
intimidating questions, lack of appropriate social and
psychological support (need for shelter).
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Phase 3: Investigation by the Police
Pre- trial
• Evidence gathering can only be done with the
informed consent of the victim. Ideally interviews
conducted with the police and prosecutor
• Victims are often fearful and anxious of court and
legal proceedings, ideally a prosecutor will guide
them through the process.
• Having been informed about rights and
responsibilities, victims will provide confidential
information relating to the crime and the
perpetrators
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Phase 3: Investigation by the Police
Pre-Trial
• Evidence gathering and investigation by police and
Judicial Medical Officer (JMO) / operational planning
(building the case through a victim centered approach)
• Following consent, JMO will verify age, any injuries,
evidence of abuse (aggravating circumstances) – JMO
will issue report – counseling is offered to victim
• Seeks to determine evidence of the Activity (buying,
transporting, recruiting). Means (threats, deception,
inducement), Purpose (EXPLOITATION).
• Victims’ testimony is essential. However there needs to
be corroborative evidence (other testimonies,
supporting documentary evidence , photographs etc)
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Phase 3: Proactive Investigations
Rescue
• Act on and verify information (surveillance/
complaint. Begin preparing rescue.
• Who needs to be involved if the victims
children , foreigners? Specialist police normally
do rescues (female officers/ social workers).
• Seek court order for issue of warrant
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Phase 3: Proactive Investigations
Rescue
• Develop pro-active plan and conduct rescue
operation and coordinate with representatives of
the key authorities (shelter, medical, legal)
• All persons removed including suspects and
victims.
• Victims are not to be treated as offenders and
are separated from suspects.
• After rescue continue steps in Phase two
(immediate response to urgent needs)
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Phase 4: Prosecution
• Women and children Police Bureau have child
friendly judicial proceedings in place
• Ideally charges need to be framed with
prosecutor who acts sensitively with the victim
and who will petition for state protection ?
• Case is referred to the AG dept for Prosecution
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Phase 4: Trial
Some examples norms of Victim and witness
protection during the trial includes:
Physical protection
Use of private pleaders
Use of screen, technology (CCTV, video) to
present testimony
Escort of victim, witness(es) to and from court
Use of interpreters
Exclusion of general public from court (in camera)
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Bail
• Bail is determined by the nature of the offence (s),
likelihood of the suspect fleeing justice, potential for
intimidation, revictimization. In Sri Lanka human
trafficking is bailable.
• If bail granted, victims may withdraw the complaint.
• Bail should be granted using a criteria (what is
bailable / non-bailable) and if so with conditions
that protect the victim and witnesses.
• Prosecutor should check and where necessary
challenge bail applications.
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Phase 4: Post trial
• Depending on the risk assessment, additional
security measures may have to be implemented
after trial – exclusion zone.
• Compensation for material and non-material
damages
• Continuing victim protection is essential
especially where these is an acquittal as there is
a risk of revictimization and intimidation.
• Reintegration support e.g. social support,
vocational training / income generation.
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Phase 5: Return and Repatriation
• Often complaint from family member of relative
abroad both formal & informal (occasionally victims
themselves)
• Process for return from abroad – victims
interviewed by embassy (IOM)
• Return (including escort), transportation,
reintegration arrangements made through embassy
and immigration dept. (IOM support)
• After return continue from Phase 2
• Recruitment company/ sub agent investigated by
SLBFE unit and MEA– legal support offered to
victims
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Constraints
• Absence of a government shelter is a significant
constraint in the implementation of the SOP.
• SOP requires development of new case
management tools standardized screening form,
referral form and a needs assessment form.
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Thank you very
much for your
attention