DRAFT CEDAW General recommendation on Trafficking in Women and Girls in the Context of Global Migration of equality and non-discrimination on the basis of sex and gender, including effective gender and culturally-sensitive ways to deal with trafficking victims; 237 d) Ensure that trafficked women are informed about their rights in a language and manner understandable to them, are consulted throughout the prosecution238, and have adequate support so as to be in a position to provide testimony against their traffickers 239 , including, where appropriate, the possibility of deposing via television or video links or pursuant to mutual assistance arrangements; e) Make arrangements for interim relief in order to fulfill daily basic needs or necessities of trafficking victims during the proceedings of the case; f) Consider holding legal proceedings in the home district of trafficked women and girls to facilitate their participation. 89. Complicity of public officials: Ensure that traffickers, both those who are directly involved in trafficking and those who are negligent in dealing with or preventing trafficking cases, including alleged corruption of government officials or their agents, are investigated, prosecuted and adequately punished.240 90. Adequate punishment: Ensure that the sanctions imposed on all convicted perpetrators of trafficking and related crimes are commensurate with the gravity of the crime and the degree of responsibility of the offender, such that traffickers are adequately punished that fines and other non-custodial sentences are not considered as a possible sanction. 241 91. Victim’s exemption from criminal liability: a) Ensure that women victims of trafficking, with no distinction made on the basis of their ethnic, national or social background and legal status, are exempted from any criminal or administrative liability for acts committed as a result of their trafficking situation, irrespective of their ability or willingness to cooperate with the prosecutorial authorities;242 b) Ensure that trafficking victims are not compelled to provide evidence or testimony in exchange for immunity from prosecution redress or services; c) Provide recourse for trafficking victims who have been arrested or convicted for offences that were committed as a direct result of their being trafficked so they can clear their criminal records. 92. Adverse collateral effects of anti-trafficking efforts a) Ensure that anti-trafficking legislation and directives are not misused by authorities to impose increased restrictions on communities or falsely arrest and charge innocent people, particularly women from disadvantaged groups and women in prostitution;243 237 General recommendations: No. 28 (2010) (CEDAW/C/GC/28), paras. 17 and 33; No. 33 (2015) (CEDAW/C/GC/33), para. 22; para. 19(c), CEDAW/C/ARM/CO/5-6; para. 21(e), CEDAW/C/TLS/CO/2-3; para. 23(b), CEDAW/C/CHE/CO/4-5; para. 27(b), CEDAW/C/IRL/CO/6-7. 238 para. 19(b), CEDAW/C/ARM/CO/5-6; para. 27(c), CEDAW/C/KEN/CO/8. 239 para. 27(b), CEDAW/C/NZL/CO/7. 240 para. 25(e), CEDAW/C/THA/CO/6-7; para. 21(b), CEDAW/C/ROU/CO/7-8; para. 23(c), CEDAW/C/TTO/CO/4-7; para. R, CEDAW/C/MMR/CO/3. 241 para. 36(b), CEDAW/C/SAU/CO/3-4; para. 25, CEDAW/C/MNE/CO/2; para. 30(b), CEDAW/C/ITA/CO/7; para. 28(a), CEDAW/C/BWA/CO/4; para. 23(d), CEDAW/C/SGP/CO/5. 242 para. 36(e), CEDAW/C/SAU/CO/3-4; para. 25(b), CEDAW/C/NER/CO/3-4; para. 25(d), CEDAW/C/THA/CO/6-7; para. 25(c), CEDAW/C/ALB/CO/4; para. 27(b), CEDAW/C/AFG/CO/1-2; para. 20(d), CEDAW/C/MUS/CO/8. See also: Inter-Agency Coordination Group against Trafficking of Persons (ICAT), Issue Brief on Non-Punishment of Victims of Trafficking, (forthcoming). 243 para. R, CEDAW/C/MMR/CO/3; para. 28(f), CEDAW/C/NGA/CO/7-8. 30