PART 2.2 perpetrators are prosecuted, that appropriate punishment is imposed on those convicted and that the victims are adequately compensated. The permanent removal of officials convicted of serious offences and the suspension of those against whom allegations of such offences are being investigated should be ensured.244 The following additional points, drawn principally from relevant case law, indicate further actions that may be required by States to meet the due diligence standard set out in Principle 6: • States should ensure that the legal framework provides an appropriate framework for the identification, investigation and prosecution of trafficking-related offences, including those committed by, or with the complicity of, public officials; • States should ensure that the involvement of public officials in trafficking or related offences is grounds for an aggravated offence attracting relatively harsher penalties;245 • States should ensure that procedures are in place for the effective investigation of complaints of trafficking involving or implicating public officials. These procedures should aim to ensure accountability, maintain public confidence and alleviate legitimate concerns. Accordingly, the investigation should commence promptly and be conducted with expedience. It must not be a mere formality but must be one that is capable of leading to the identification and punishment of culprits. The investigation must be independent and public. There must be meaningful measures to establish the truth of a victim’s allegations or to obtain corroborating evidence;246 and • Victims of trafficking that involves or implicates public officials should have available to them a mechanism for establishing the liability of any public officials or bodies for relevant acts or omissions.247 There should also be independent and effective scrutiny of complaints involving public officials.248 These procedural requirements are distilled from a body of case law of the European Court of Human Rights, including: Ahmet Ozkan and Others v. Turkey (21689/93) [2004] ECHR 133 (6 April 2004), paras. 310-314; Paul and Audrey Edwards v. United Kingdom (46477/99) [2002] ECHR 303 (14 March 2002), paras. 69-73; Assenov and Others v. Bulgaria (24760/94) [1998] ECHR 98 (28 October 1998), especially para. 102; and a series of cases involving actions of the Turkish security forces including: Timurtas v. Turkey (23531/94) [2000] ECHR 222 (13 June 2000), paras. 87-90; Ertak v. Turkey (20764/92) [2000] ECHR 193 (9 May 2000), paras. 134-135; Çakici v. Turkey (23657/94) [1999] ECHR 43 (8 July 1999), para. 87; Tanrikulu v. Turkey (23763/94) [1999] ECHR 55 (8 July 1999), paras. 101-111; Ergi v. Turkey (23818/94) [1998] ECHR 59 (28 July 1998), paras. 82-86; Tekin v. Turkey (22496/93) [1998] ECHR 53 (9 June 1998), paras. 62-69; Kurt v. Turkey (24276/94) [1998] ECHR 44 (25 May 1998), paras. 135-142; Selçuk and Asker v. Turkey (23184/94; 23185/94) [1998] ECHR 36 (24 April 1998), paras. 93-98; Kaya v. Turkey (22729/93) [1998] ECHR 10 (19 February 1998), paras. 86-92; Aksoy v. Turkey (21987/93) [1996] ECHR 68 (18 December 1996), paras. 95-100; and Mentes and Others v. Turkey (23186/94) [1997] ECHR 98 (28 November 1997), paras. 89-92. The elements of an effective investigation have also been confirmed through several cases of the Inter-American Commission/Court of Human Rights including: Villagran Morales et al. (The Street Children case), Judgement of 19 November 1999, Inter American Court of Human Rights (Ser. C) No. 63 (1999), esp. para. 226; and Raquel Martín de Mejía v. Peru, Inter-American Commission on Human Rights, Case No. 10.970, Report No. 5/96 OEA/Ser.L/V/II.91 Doc. 7 at 157 (1996). 246 247 Human Rights Committee, concluding observations: Colombia (CCPR/C/79/Add.76, para. 32). 244 See further discussion of aggravated offences under Principle 15 and related guidelines. 245 122 Osman v. United Kingdom. European Commission on Racial Intolerance, Second Report on the United Kingdom, 16 June 2000, cited in The Rights of Non-Citizens: Final report of the Special Rapporteur, Mr. David Weissbrodt, Addendum: Regional Activities (E/CN.4/Sub.2/2003/23/Add.2, para. 38). 248 RECOMMENDED PRINCIPLES AND GUIDELINES ON HUMAN RIGHTS AND HUMAN TRAFFICKING