scholarly journals (Preventing) Secondary Victimisation of Trafficking Victims through Law Enforcement Interventions

Author(s):  
Conny Rijken ◽  
Leyla Khadraoui ◽  
Marian Tankink

Secondary victimisation during criminal proceedings is a serious risk for victims of trafficking who participate in these proceedings. Psychological consequences of trafficking and pre-existing vulnerabilities make them prone to secondary victimisation. Based on empirical research among trafficking victims, stakeholders and of criminal files, the article provides insights on the psychological consequences of human trafficking and identifies a number of risk factors. These are: lack of identification, lack of safety and trust, not being believed, repetition and intensity of hearings, disrespectful treatment, lack of empathy and lack of knowledge about victim's rights. These factors are discussed and contextualised in the current discourse with the ultimate aim to provide indications on the prevention of secondary victimisation. The article unveils the discrepancy between victims' expectations towards the police to take them out of a trafficking situation, even if they decline assistance and police's perceptions on their ability to intervene only if the victim accepts assistance. This leads to the call for further research in order to answer the question to intervene or not to intervene.

Author(s):  
Michael Pittaro

Human trafficking is one of the fastest and continuously evolving transnational crimes of this century, preceded only slightly by gun and drug trafficking; yet it is projected that human trafficking will soon surpass both unless government and nongovernmental officials throughout the world take immediate, collaborative action to deter and punish traffickers and educate and protect prospective trafficking victims. For that reason, combating human trafficking requires ongoing national and international communication, cooperation, and collaboration, particularly amongst law enforcement leadership across the globe. Only then will law enforcement be able to limit the ability of traffickers to operate freely and help prevent future victims from being trafficked. The primary purpose of drawing international attention to this chapter is in illuminating the challenges of police leadership in combating incidents of transnational human trafficking as well as to propose plausible to assist and support future global leadership and collaboration within and across police agencies.


2019 ◽  
pp. 880-897
Author(s):  
Michael Pittaro

Human trafficking is one of the fastest and continuously evolving transnational crimes of this century, preceded only slightly by gun and drug trafficking; yet it is projected that human trafficking will soon surpass both unless government and nongovernmental officials throughout the world take immediate, collaborative action to deter and punish traffickers and educate and protect prospective trafficking victims. For that reason, combating human trafficking requires ongoing national and international communication, cooperation, and collaboration, particularly amongst law enforcement leadership across the globe. Only then will law enforcement be able to limit the ability of traffickers to operate freely and help prevent future victims from being trafficked. The primary purpose of drawing international attention to this chapter is in illuminating the challenges of police leadership in combating incidents of transnational human trafficking as well as to propose plausible to assist and support future global leadership and collaboration within and across police agencies.


2018 ◽  
Vol 5 (2) ◽  
pp. 181 ◽  
Author(s):  
Nelsa Fadilla

The data findings by the Indonesia Child Protection Commission (KPAI) reported that child trafficking tends to increase during the period of 2010 to 2012. In 2010 there were 410 cases, in 2011 there were 480 cases and in 2012 the case increased again up to 673 cases. The increasing cases of child trafficking have become a serious concern in the attempt of human trafficking eradication, especially children. The business not only in the form of law enforcement, preventively, repressively, and responsively but also related to the restoration or protection of children who become the victims of human trafficking (child trafficking) even after the completion of criminal proceedings with a view of restoring the child future.Keywords : legal protection , children , human trafficking.


2019 ◽  
Vol 68 ◽  
pp. 01013
Author(s):  
Andriy Babenko ◽  
Vladislava Batyrgareieva ◽  
Alina Kalinina

The official statistics of the Prosecutor General's Office of Ukraine has recorded that in 2017 the number of cases of human trafficking from Ukraine increased threefold (342 cases versus 115 in 2016). Such a sharp growth of the aforementioned crime was last observed in 2005 to 2006. Today, there are no administrative and territorial districts in Ukraine from which future victims of human traffickers would not be recruited. According to criminal proceedings, about 70% of human trafficking victims are residents of large Ukrainian cities. The aim of this research is to investigate current trends of human trafficking phenomenon from Ukrainian cities and villages and to present the ways how the victims fall into slavery. The revealed trends of the human trafficking from Ukraine allow us to affirm that whereas similarity of social and demographic, moral and physiological characteristics of urban and rural residents, the second ones have a higher level of risk to become a victim of human trafficking. The results obtained allow us to develop evidence-based recommendations for the human trafficking from Ukraine decreasing as from the hole country, as rural locals, in particular. The new feature in human trafficking is a negative trend that Ukraine is changing from the country in which human trafficking victims originate into the destination country for human trafficking.


2021 ◽  
Vol 10 (47) ◽  
pp. 161-172
Author(s):  
Yaroslav Y. Buhaiov ◽  
Oleh P. Koretskyi ◽  
Viktoriia V. Koretska ◽  
Serhii V. Penkov ◽  
Artem O. Shapar

The paper aims to define an effective anti-human trafficking system in Ukraine. On the basis of theoretical information and international experience systematic analysis, the peculiarities of investigating crimes in the field of human trafficking are identified: timely receipt of information concerning crimes commission, assigning a case of human trafficking to an investigator or prosecutor with positive experience in detecting such crimes, cooperation of law enforcement agencies with each other and law enforcement agencies of other states in regard to effective ways of such crimes investigation, an effective system of human trafficking victims support. It is possible to increase the effectiveness of combating human trafficking through activities in the following areas: training of law enforcement officers in accordance with international standards; exchange of experience between Ukrainian law enforcement officers with the employees of relevant institutions of other countries; enshrinement at the statutory level of stricter responsibility for such crimes commission; monitoring the compliance of the Ukrainian anti-human trafficking system activities with international standards; creation of a comprehensive support system for human trafficking victims.


2021 ◽  
Vol 4 (1) ◽  
pp. 26-32
Author(s):  
Nurfazilah Nurfazilah ◽  
Ruslan Renggong ◽  
Yulia A. Hasan

Tujuan penelitian ini adalah untuk mengetahui dan menganalisis efektivitas penegakan hukum terhadap praktik perdagangan anak perempuan di Polrestabes Makassar, dan untuk mengetahui dan menganalisis faktor-faktor yang menjadi penghambat tidak efektifnya penegakan hukum terhadap praktik perdagangan anak perempuan di Polrestabes Makassar. Penelitian ini dilakukan di Polrestabes  Makassar khususnya Unit Perlindungan Perempuan dan Anak. Tipe penelitian yang digunakan dalam penelitian ini adalah tipe normatif. Teknik pengumpulan data berupa teknik penelitian lapangan yaitu dengan cara melakukan wawancara dengan Kanit PPA Polrestabes Makassar, Penyidik dan Ketua Lembaga Swadaya Masyarakat Solidaritas Perempuan Anging Mammiri, dan penelitian pustaka yaitu data diperoleh dari bahan bacaan seperti buku, jurnal dan literatur lain yang berkaitan dengan penelitian. Hasil penelitian ini menunjukkan bahwa penegakan hukum pada PPA Polrestabes Makassar tidak efektif, karena sanksi yang sangat ringan karena PPA Polrestabes Makassar sering keliru dalam menentukan pasal pada pelaku, sehingga pelaku bebas dari Undang-Undang Nomor 21 tahun 2007 tentang Pemberantasan Tidak Pidana Perdagangan Orang. Selain itu perilaku pelaku ingin melakukan suap terhadap aparat penegak hukum. Adapun faktor tidak efektifnya penegakan hukum adalah faktor sumber daya manusia yaitu kurangnya personil, faktor masyarakat karena kurangnya pengetahuan sehingga takut melakukan laporan, serta faktor sarana yaitu kurangnya anggaran. The purpose of this study was to determine and analyze the effectiveness of law enforcement on the practice of girl trafficking at the Metropolitan Police Station (Polrestabes) Makassar, and to identify and analyze the factors that hinder the ineffectiveness of law enforcement on the practice of girl trafficking at Polrestabes Makassar. This research was conducted at Polrestabes Makassar, especially the Women and Children Protection Unit. The type of research used in this study is the normative type. The data collection technique is by studying several literatures, books, articles and lecture materials obtained. The form of the interview is a data collection technique by conducting interviews with the Head of PPA Polrestabes Makassar, investigators and the Chair of the Women's Solidarity Institute, Anging Mammiri and asking for data. The results of this study indicate that law enforcement at the PPA Polrestabes Makassar has not been effective, because in 2018-2019 sanctions were not implemented by law enforcers, and law enforcers often made mistakes in imposing articles so that perpetrators were free from Law Number 21 of 2007 concerning the Eradication of Human Trafficking Criminal Acts. Besides, the perpetrators often want to bribe. The factors for the ineffectiveness of law enforcement are the human resource factor, namely the lack of personnel, the community factor due to lack of knowledge so they are afraid to report, and the facility factor is the lack of budget.


2020 ◽  
Vol 6 ◽  
pp. 35-44
Author(s):  
L. A. Shmarov ◽  

Based on the analysis of citizens’ claims against medical organizations, as well as on the basis of the analysis of the courts’ consideration of such claims, significant differences were found in the amount of compensation for non-pecuniary damage under various conditions related to both the condition of the victim of medical assistance rendered with defects and on the number of patients. It was shown that it is necessary to further accumulate material in order to obtain a more objective picture of satisfied claims and unification in the Russian Federation. Similar calculations can be carried out for other situations related to the possibility of causing moral harm, for example, disseminating information defaming the honor and dignity of a citizen, or compensating moral harm caused by unlawful actions of a law enforcement officer during criminal proceedings. Using the established average values, the court can, on the basis of established factual circumstances, calculate the amount of compensation for non-pecuniary damage in a particular case.


Author(s):  
Björn Hessert

AbstractSports organisations generally have the burden of proving sports rule violations of sportspersons subject to their rules and regulations. Sports rule violations can generally be proven by any reliable means. A common approach taken by sports organisations in this respect is the implementation of so-called cooperation and reporting obligations embedded in their regulations. On this basis, athletes can be obliged to provide all kind of documentary evidence related or unrelated to the matter under investigation. This may cause problems to the privilege against self-incrimination of athletes. In addition, obtaining self-incriminating information in internal sports investigations carried out by private sports organisations can have legal and personal consequences that go well beyond the professional life of athletes. The integrity of sport has been characterised as a public interest due to the social impact of amateur and professional sports in most societies. As a consequence, negative sports-related conduct, such as doping or the manipulation of sports competitions, has been criminalised in various national laws to protect sporting values and preserve the role model function of athletes for young members of our society. This development has led to cooperation between sports organisations and law enforcement agencies, such as prosecutors and the police. Specifically, both collaborate in order to assist the other party’s investigations of sports rule violations and criminal offences, respectively. However, the exchange of intelligence between sports organisations and law enforcement may cause some legal tension. If the same misconduct of athletes leads to both internal sports investigations and criminal proceedings, athletes could be forced to provide self-incriminating information in internal sports organisations, which could then be subsequently transmitted to law enforcement. This system of intelligence gathering raises serious concerns regarding the procedural fairness thereof, keeping in mind the detrimental effects for sportspersons under investigations. A closer look is thus necessary to the legitimacy of the exchange of intelligence. Therefore, the aim of this article is to shed some light on this issue and clarify if and under what conditions internally obtained evidence can be passed on to law enforcement agencies.


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