for trafficking-related offences, awards obtained through criminal courts from persons convicted of trafficking-related offences and compensation from the state for
injuries and damages.362
The second concerns the status of trafficked persons, which can often determine
whether they are able to access remedies, in particular whether they are provided
financial compensation. When trafficked persons do not co-operate with the authorities, it is not uncommon that an investigation into their case will not be initiated.
In legal regimes where the victim’s status is strictly tied to the existence of criminal
investigations and proceedings, this means that trafficked persons will not be afforded
the status of victims of trafficking, subsequently limiting their ability or making it
impossible for them to access remedies. Proceeding from the principle that access to
assistance must under no circumstances be made conditional on the trafficked persons’ co-operation with authorities,363 access to remedies may not, therefore, be
restricted or denied in cases where no criminal investigation takes place.
On a similar note, trafficked persons often do not receive compensation in cases
where the prosecution has not been successful, or where the convicted perpetrators
have insufficient funds to adequately compensate the victim. This situation runs contrary to the Draft Basic Principles, which clearly state that trafficked persons have
the right to obtain compensation, regardless of whether their perpetrators have been
convicted.364
362 Ibid., para. 9.
363 Ibid., para. 8(b).
364 Ibid., para. 9.
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Part 2: Explanatory Report to the Principles
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