PART 2.3
be expected to commence. It affects any State
in which legal proceedings are commenced
against suspected traffickers, and is addressed
to State officials and institutions as well as to
non-State service providers.
The first issue raised by Principle 9, and
considered in detail below, relates to the
general requirement that victims of trafficking
should receive information and assistance
on legal proceedings in order to ensure they
can participate effectively. The special needs
of victims who are acting as witnesses, in
particular in criminal prosecutions, are then
addressed. Finally, this section considers the
legal status of victims throughout proceedings
against traffickers. An individual who has
been trafficked across international borders
may not be in compliance with immigration
requirements. Without special provision to
remain, this could mean that trafficked persons
are deported before they can participate in
criminal actions against their exploiters. It could
also operate to prevent victims of trafficking
from accessing their right to an effective remedy
through civil or other legal or administrative
action. Lack of legal status can be used by
States to justify detaining victims during legal
proceedings, an approach that has been
rejected in section 7.4 above as incompatible
with internationally accepted standards of
human rights. In this context, the option of
temporary residence permits as a means of
regularizing a victim’s status during the course
of legal proceedings is explored.
9.2. INFORMATION ON, PARTICIPATION
IN AND ASSISTANCE WITH LEGAL
PROCEEDINGS AGAINST TRAFFICKERS
Principle 9 confirms that trafficked persons
have a legitimate role to play in criminal or
civil actions against their exploiters – that they
have a right to be heard and a right to be kept
154
informed. It also confirms that trafficked persons
are entitled to use the legal system to ensure that
their own interests are safeguarded and their
own rights upheld. Principle 9 gives expression
to the view that victims of human rights violations
“should have substantial possibilities of being
heard and acting in the respective proceedings,
both in order to clarify the facts and punish those
responsible, and to seek due reparation.”350
Principle 9 confirms the right of victims of
trafficking to receive legal and other assistance
for the duration of any criminal proceedings
against their exploiters. This provision is
supplemented by several Guidelines that would
also apply to any pre- or post-trial period.
Guideline 4.8 requests States to consider:
Making effective provision for trafficked
persons to be given legal information and
assistance in a language they understand as
well as appropriate social support to meet
their immediate needs. States should ensure
that entitlement to such information, assistance
and support is not discretionary but is
available as a right for all persons who have
been identified as trafficked.
Guideline 6.5 reiterates that trafficked persons
should be provided with legal and other
assistance in relation to any criminal, civil or
other actions against traffickers/exploiters. It also
notes that such information should be provided to
victims in a language they understand.
The Trafficking Protocol requires trafficked
persons to be provided with information on
relevant court and administrative proceedings
(art. 6 (2)(a)). In fact, the Protocol goes even
further than the Trafficking Principles and
Guidelines on this point by recognizing an
Villagran Morales et al. (The Street Children case),
Judgement of 19 November 1999, Inter-American Court of
Human Rights (Ser. C) No. 63 (1999), para. 227.
350
RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING
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