Transnational Referral Mechanism

I. Identification

What are the steps of identification?

A victim is detected on the basis of his or her account or on the basis of indicators and red flags that help identify signs of victimization. Frontline responders must meet the person’s urgent and basic needs, and inform him or her about the victim protection scheme through a multilingual information leaflet. The frontline responders who identify a victim take the following steps:

•  inform the person about the victim protection status provided for under Belgian law, including rights and obligations of victims,
• inform the Public Prosecutor who is responsible for carrying out the formal identification of the presumed victim of trafficking,
• refer the person to one of the recognized reception centres for victims of human trafficking.
• contact the Immigration Office in the event the person is an undocumented immigrant and to signal the uncovering of a presumed case of trafficking.

The process of identifying a victim of THB consists of the following steps:

Reporting: All organizations and individuals can report a possible victim of trafficking in human beings, for example to the National Police. However, when it comes to granting access to the reflection period and shelter to victims who are third-country nationals, only the National Police and the Royal Netherlands Marechaussee (the border police) are authorized to report them to the Immigration and Naturalization Service for that purpose. All victims can be reported to CoMensha (for registration and referral to a shelter) by a law enforcement organization, an NGO, a healthcare organization and so on.

Identification: the Dutch system does not have any formal identification procedure.

Referral: For victims who are Dutch nationals or citizens of the EU: - they can be referred to a shelter through CoMensha or a municipality.

• The identification of victims is a process; victims do not open‐up right away. Trained and sensitized staff is needed with capacity to recognize features of exploitation.
• Specialized police units’ and social street work as well as specialized NGOs play a crucial role in identification.

According to the Government Decree No. 354/2012. (XII.13) on the identification order of victims of trafficking in human beings

1. Before the identification conversation the person involved in the identification process has to be informed about the purpose of the identification discussion
2. Identification conversation

What are the signs of victimization?

A victim is detected on the basis of his or her account or on the basis of indicators and red flags that help identify signs of victimization. In Belgium, the national indicators for the identification of victims are contained in an official document made available to frontline responders.

Different organizations make use of different indicators. For a general (combined but non exclusive list) see http://www.wegwijzermensenhandel.nl/signalenvanmensenhandel.aspx

There is a "Checklist for the identification of victims of trafficking in human beings" (available only in German and French) that can be used by police officers, prosecuting authorities, and private or public victim counselling centers as a guideline.

The checklist includes indicators regarding:

A)    Findings from the first contact: personal circumstances of the potential victim.                             

B)     Results of further clarifications - survey, documents, investigations on:

• the person’s situation in the country of origin, on the way she/he entered Switzerland, etc.
• work situation                                                                                                                                 
• questions typical for sexual exploitation / prostitution
• payment
• violence / threats

1. The person is probably underage
2. The person has visible injuries (bruises, burns, cuts, scars, etc.)
3. The person has signs of untreated infections
4. The person is visibly undernourished
5. The person has a physical disability
6. The person does not possess ID documents

Which authorities / organization take part in or are responsible for identification?

Law enforcement agencies, public prosecutor, reception centres, inspection services, Immigration Office, Consular services.

In order to effectively combat THB, close cooperation between different organizations is key. This organizational cooperation focuses on setting up barriers which should prevent criminals from being able to exploit their victims). In order for these barriers to be successful, the following parties have joined forces and are therefore responsible for, amongst other things, the identification of victims and situations of trafficking in human beings.

• Municipalities
• The police
• The Public Prosecution Service (OM)
• National Resource Group THB (LEM)
• The Anti-Trafficking Coordination Centre (CoMensha)
• Veiligheidshuis
• Inspectorate Social Affairs and Employment (SZW)
• Tax Authorities
• GGD-GHOR the Netherlands
• Aliens police
• Royal Netherlands Marechaussee (Kmar)

Depending on the situation, identification can be done by

• the police,
• Specialized NGOs, e.g.  FIZ Advocacy and Support for Victims of Trafficking
• victim assistance centers,
• State Secretariat for Migration
• Swiss Border Guard
• others

ACT212 runs a national human trafficking hotline, allowing private individuals to report over the internet or by telephone exploitative situations of all types.

• Health service provider
• Health state administration body
• Personal care provider
• Public educational service provider,
• Police,
• Labour authority
• Consulate official,
• Border police authority
• Office of Immigration and Nationality
• Voluntarily collaborating bodies

What kind of factors need to be taken into account when a victim is identified?

No clear answer can be given as possible actions are tailored to the needs of the individual victims. First a victim will be asked about their primary needs and/or wishes and following the answers, the possibilities will be assessed and actions and referral will take place.

• Appearance
• Personal circumstances
• Working conditions
• Other conditions

How / under what kind of circumstances should be a victim identified?

• Frontline responders must meet the person’s urgent and basic needs
• Interviews should take place in a safe and confidential environment and in a language the victim can easily understand with carefully screened and qualified interpreters, possibly trained to work with vulnerable groups, or educated on trafficking
• The interview should follow the four C’s approach: 1) Confidentiality, 2) Control from the side of the victim over the possibility to stop the interview at any time, to have someone present for support, to ask questions, and to have his or her privacy and confidentiality respected, 3) victim’s cooperation with the police, judicial authorities and/or NGOs, 4) Consent of the person to the interview

In relation to the identification of victims of trafficking in human beings, the police make use of several official guidelines which have been developed by law enforcement agencies in cooperation with the Immigration and Naturalization Service (IND), the Expertise Centre on THB and People Smuggling (EMM), the Royal Netherlands Marechaussee, and the Inspectorate SZW (the labour inspectorate and investigation service). The police can start the investigation any time there is the slightest indication of victimization by THB. In this investigation process, a potential victim is never officially identified as such as no official/legal criteria other than the “slightest indication” of trafficking in human beings exist. Nevertheless, if the police do not find any leads for a criminal investigation or prosecution, foreign victims can apply for a residence permit on humanitarian grounds. In this case, the Immigration and Naturalization service will review the situation of the victim again.

Approaching presumed trafficked persons:

•  create unobserved situations
• let the person talk freely, allow for digressions in the conversation
• offer support in satisfying their primary needs
• facilitate contact to a victim assistance organisation
• avoid stereotypical images of what a victim looks like or how a victim should behave

• The identification conversation must be held in a separate, secure environment
• Depending on the special needs of victim: food, water and medical/psychological care must be ensured
• If the victim is female, she should be identified by a woman
• If the victim is a child, he or she should be asked in a special child interrogation room,
• In a child- friend environment
• The identification conversation’s leader must be trained to deal with victims in special needs: how and what to ask etc.

Checklist?

• Screening of the victim
• Identification
• First assistance to meet victim’s urgent needs
• Inform the person about the victim protection status
• Inform the Public Prosecutor responsible for carrying out the formal identification
• Refer the person to one of the recognized reception centres
• Contact the Immigration Office in the event the person is an undocumented immigrant and to signal the uncovering of a presumed case of trafficking

See above and/or visit www.wegwijzermensenhandel.nl

• The identification of victims is a process; victims do not open‐up right away. Trained and sensitized staff is needed with capacity to recognize features of exploitation.
• Specialized police units’ and NGOs’ street work has a crucial role in identification.
• Referral of the victim to a specialized shelter and victims  support center, first assistance according to the urgent needs,  a short check of the sequence of events,  possible risks, provide information of the victim rights and protection measures.

• Information to the presumed victim
• Create the safe environment
• Identification conversation – victim or not
• Victim’s written consent
• If victim: notify the Victim Support Service and OKIT (National Crisis Telephone Information Service) or NGOs

II. First assistance and protection

 What are the stages of assistance and protection?

• When there are credible signs of victimization, each presumed victim must be referred to one of the three recognized and dedicated reception centres for victims of trafficking for first assistance.
• If the victim gives a statement to the police and decides to enter the victim assistance program, he or she is admitted to the shelter and granted a three-month residence permit.
• If the victim needs time to make a decision, he or she can be admitted to the shelter under the so-called reflection period, which in Belgium is 45 days.
• The assistance program offered by the three reception centres usually last two to three years, supporting the victim from first assistance to reintegration
• With the legal proceedings still pending, the Public Prosecutor can grant a provisional status of victim and the Immigration Office will issue a six-month permit
• The victim may receive a permanent residence permit where the legal action resulted in a conviction
• The victim may decide to return to his/her country of origin
• The magistrate to the Public Prosecutor’s office can decide autonomously and at any time that the person concerned is no longer to be considered a victim of trafficking in human beings

Depending on their needs victims are taken to a shelter, where they will stay for a period that depends on both their individual needs and, when relevant, on the reflection period (which is three months long). When foreign victims receive a temporary residence permit, they move to follow up shelter or other suitable accommodation. If shelter is not desired by the victim they will be referred to a care coordinator and/or ambulatory care.

Victims of trafficking are routinely informed about their rights to assistance, protection, compensation, medical assistance and legal advice. This happens both when they have been recognized as potential victims of trafficking for the first time and at different stages during their stay in the shelter and during the criminal proceedings. The law enforcement services, legal advisors, the NGO CoMensha, the Immigration and Naturalization Service and the shelters are all responsible for informing victims about their rights. Information is ideally provided in their mother tongue.

Once information is provided it is necessary to determine what type of help is needed. This is important as the protection is based on three pillars, namely criminal prosecution, care services and stay based upon residence regulation for victims of trafficking in human beings (Chapter B8.3 Aliens Circular) which is also still available for EU victims of THB.

First a needs and risk assessment will be conducted in order to determine the needs of the victim. The police conduct an initial risk assessment, but upon arrival at the shelter, different organizations running the shelters are responsible for the actual assessment. This assessment consists of:

1. an intake interview and general risk/needs assessment
2. within two weeks an assessment on vulnerability (by a therapist/psychiatrist).

During the needs assessment it is decided which care will be provided to the victim.

Further information is available via www.wegwijzermensenhandel.nl

Most cantons have determined specific cooperation procedures to follow by actors involved in fighting THB at operational level once a victim has been identified.

1. Victims of trafficking receive assistance depending on their individual situation and needs according to the national Victims’ Assistance Act. Measures include accommodation, care and counselling during the stabilization phase, medical assistance and legal aid.
2. The provisions in the Foreign Nationals Act on the stay of human trafficking victims in Switzerland are designed to protect victims. Once their exploitation ceases, victim of THB need the opportunity to be stabilized and consider their future, including the question of whether they wish to co-operate with law enforcement agencies and of returning to their home country. For this purpose they are granted a period for recovery and reflection of at least 30 days.
3. Once the period for recovery and reflection is over, the victim may be granted a residence permit for the duration of the investigations and court proceedings.
4. If there are valid reasons why a victim cannot return to their home country, they may receive a residence permit on the grounds of serious personal hardship under the provisions of Article 30 of the Foreign Nationals Act and Article 31 of the Ordinance on Admission, Stay and Employment, regardless of whether they decide to co-operate with law enforcement authorities.

1. The identification body immediately notifies the assigned Budapest or Regional Victim Assistance Service, and it shall at the same time transmit the identification data sheet to the relevant Victim Assistance Service.
2. Once OKIT is notified, it informs the person who was identified as a victim of human trafficking about the conditions of placement in a protected shelter. If the person who was identified as a victim of human trafficking requests the placement in a protected shelter, OKIT refers the victim to the protected shelter.
3. In the procedure for the identification of Hungarian citizens as victims of human trafficking abroad, the consulate official, as well as the institution that voluntarily participates in the identification procedure of the victims of human trafficking, informs the person identified as victim of human trafficking about the conditions of placement in a protected shelter.
4. OKIT accepts claim notices for accommodation, related to Hungarian citizens identified as victim of human trafficking abroad from consulate officials, Police and the institution that voluntarily participates in the identification procedure of the victims.
5. Following the notice claim OKIT informs the person identified as victim of human trafficking the about the accessibility of the accommodation via the institutions. If the person identified as victim of human trafficking requests placement in a protected shelter, OKIT refers the person with the cooperation of the institution to the protected shelter.

What kind of assistance is available for the victims if he/she stays in BE/NL/CH?

The assistance program offered by the three reception centres usually last two to three years. It is designed to support the victim from initial referral to the end of the judicial proceedings, and is focused on helping the client reach full autonomy and self-reliance.

Individual support package -Case managers work with each victim to develop a customized support package to cope with trauma and support social reintegration.

Residential Care –The victim is offered housing in the form of unidentified protected shelters or they can choose private accommodation and are offered floating support by the centre’s staff.

Psychological Support –Victims receive psychological support and counselling to support the healing process.

Legal Assistance – Legal advice and counselling, through the help of lawyers and interpreters, are offered to inform the client about his or her legal rights and obligations and to pursue cases against the perpetrators in the Belgian court system.

Role in civil proceedings - The reception centres can take civil action either on their own behalf or on behalf of the victim.

Administrative Support – The centre assists victims with their application for residence, work permits and travel documents, as well as paperwork for health care and other social services.

Social inclusion - Case managers help victims develop a personal plan for their future in Belgium or in their home country, such as information on options available for continuing education, vocational training and job placement to facilitate integration into the Flemish or French-speaking regions, and they may also help clients find suitable housing once they leave the shelter.

Assistance in Repatriation –The centres work closely with the International Organization for Migration (IOM), Caritas and recognized NGO referral networks to facilitate the safe repatriation of clients who wish to return to their country of origin.

This is customized to the situation the victim is in. This varies from an emergency shelter to long stay (GGZ) to a rapid return to the country of origin and from physical to mental to legal support.

If the victim has been exploited on Swiss territory she/he will receive assistance depending on her/his needs as stipulated by the Victim Assistance Act (mentioned above)

1. Specialized counsellors advise, support and assist victims, regardless of whether they cooperate with the authorities or not.
2. The support depends on the individual needs of the victim: financial assistance, safe housing, crisis intervention psycho-social counselling etc
3.  Legal advice and intervention to residency matters
4.  Assisting criminal proceedings as  a trusted party according to the victim law and Criminal Procedure Code
5.  Risk Management (together with the specialized police)
6.  Social and professional integration
7.  Assistance including a specialized network of translators, medical staff, lawyers etc
8. Medical assistance

Which authorities/ organizations take part in or are responsible for the initial assistance/protection of the victims?

Law enforcement agencies, judicial authorities, reception centres.

The police are responsible for the initial risk assessment, but the needs assessment is carried out by the different care coordinators and/or ambulatory care. These different organisations are:

• HVO Querido/
• ACM, CoMensha, Moviera, Veilig Thuis, SHOP, Fier, MJD, PMW Humanitas, Jade
• IND
• IOM
• NIDOS
• Relevant consulate

• There are public and private assistance options available for victims of trafficking
• FIZ Advocacy and Support for Victims of Trafficking offers specialized assistance for victims of trafficking: crisis intervention and social-psychological-trauma counselling, medical treatment, victim information, organizing financial support, and safe shelter placement including risk management
• FIZ Advocacy and Support of Victims is mandated by 9 cantons to provide full services for victims of trafficking.
• Foundation Au Coeur des Grottes offers immediate accommodation, long-term shelter placement and daily psycho-social support for victims of trafficking in Geneva.
• There are also several counselling centres in each canton that offer personal counselling via telephone or in the centres themselves.
• Other NGOs (Astree, Trafficking.ch) offer shelter possibilities.
• Aspasie in Geneva provides assistance (c.f. database of contacts)
•  The cantonal police units are responsible for protecting individuals from harm to life and limb and thus also for guaranteeing the safety of human trafficking victims

• Consulate Official
• OKIT
• Victim Support Service
• IOM
• Hungarian Baptist Aid (HBA),
• Police

Checklist?

• Identified victim is referred to a reception centre
• Victims who made a statement receive three-month residence permit
• Victims who did not make a statement may enter 45-day reflection period
• Victim receives assistance from shelter
• Criminal and civil proceedings may result from investigation

See above

Needs assessment: shelter placement, medical assistance, counselling, legal aid. Police protection, if necessary.  

• Reflection period of minimum 30 days
• If the victim decides to cooperate, a temporary residence permit can be granted for the duration of the criminal proceedings.
• Victims may apply for a permit in case of personal hardship (does not depend on victim’s willingness to cooperate with law enforcement authorities).

• Identified victim
• ID documents
• Notify the Victim Support Service
• OKIT – refer victim to the shelters
• Responding to the urgent needs of victims: providing food, clothes, medical care, ID documents etc.

III. Long-term assistance and social inclusion

Which authorities/organizations take part in or are responsible for the long- term assistance and social inclusion of the victims?

Reception centres, Immigration Office (issuance of permits).

As the support to the victim is customized, the same organizations which are involved in the initial assistance are responsible for the follow- up (coordination), these being:

• HVO Querido/ ACM
• CoMensha, Moviera, Veilig Thuis
• SHOP, Fier, MJD
• PMW Humanitas
• Jade
• IND
• IOM NIDOS
• Relevant consulates

• FIZ Advocacy and Support of Victims in Zurich
• Foundation Au Coeur des Grottes in Geneva
• Victim assistance centers
• Astree, Trafficking.ch (c.f. database of contacts)

• Chance for Families 2005 Foundation,
• Hungarian Baptist Aid (HBA),
• Anonymous Way Foundation

What kind of safe accommodation/shelter is available for the victim in case he/she would like to stay in BE/NL/CH?

The three recognized reception centres offer housing in the form of unidentified protected shelters. Alternatively, victims can choose private accommodation and are offered floating support by the centre’s staff, but it is recommended that the victim be housed in a shelter if the alternative accommodation would be within the same milieu in which he or she has been abused or where he or she may be endangered. Case managers work with each victim to develop a customized support package to cope with trauma and support social reintegration.

There are shelters for:

• victims from third countries in the reflection period (both women and men);
• Dutch victims and victims from EU countries (both women and men);
• underage victims;
• underage unaccompanied asylum seekers (so-called protected reception).

The NGO CoMensha has also been given a budget to organize temporary shelter for victims of labour exploitation who do not need urgent care.

These shelters can be divided into regular and specialized care.

Foundation Au Coeur des Grottes:

• Several shelters are available where about 40 women can be accommodated together with their children if needed.
• One 9-person, one 3-person half-way houses and one studio.
• A second hand store where residents can get work experience.
• Multi-task staff: psychologist, teachers, housekeepers, social workers, administrative assistants, night watchers.
• Eventually, the goal is to help victims reach financial independence in order to avoid falling victim again. This aim is usually achieved by providing trainings and education.

FIZ Advocacy and Support of Victims:

• Safe shelters for 24 persons, women and transgender – in the external studios in special cases men and children from 16-18
• Emergency service from Monday to Friday including a special number for the police.
• Victims in the shelters can use also an emergency service during the day and at night (mobile)
• Victims from canton Zürich can stay up to 2 years in the shelters. After 2 years counseling during the criminal proceedings continues until the definitive sentence and the application for compensation. In case the victim wants: return assistance.
• Victims of other cantons usually leave the shelter after 6 months and are afterwards housed by the respective canton, exceptions can be made based on the individual situation of the victim and in case of serious threats. In these cases the legal counseling continues by FIZ until the definitive sentence and the application for compensation. In case the victim wants: return assistance.

Further:

FIZ Advocacy and Support for Victims offers social, psychological and legal assistance by its counselor staff, care staff in the safe shelters, psychological (focus PTSD) assistance, medical care, organizes financial support and support in criminal proceedings.

According to the individual situation: Assistance for social and professional integration.

FIZ Advocacy and Support for Victims is bound to professional confidentiality. No information is shared with the police without the victim’s consent.

What kind of safe accommodation/shelter is available in HU?

• Temporary Shelter for 90 days (The duration of stay can be extended once by 90 days on request and after that the victim can be accommodated in Transitory Apartments.) (Chance for Families 2005 Foundation: 8+8 places)
• Safe house (Anonymous Ways Foundation - 8 places)
• A small transition flat for victims of trafficking (HBA, 12 places)
• Protected house (HBA)

Checklist?

Make a long-term assistance plan depending on the special needs and circumstances of the victim: accommodation, contact with his/her family, care for his/her child/ren, learning professionals, medical/legal/psychological aid, prepare to start a new, independent life (see more details: Guidelines for the Development of a Transnational Referral Mechanism for Trafficked Persons in Europe: TRM-EU, ICMPD, 2010. )

IV. Referral/return to Hungary

What are the steps involved in referring/returning a victim from BE/NL to Hungary?

1. Informed decision to return - The victim decides of his or her own free will to return to Hungary and the shelter in Belgium provides counselling regarding the legal and social aspects of return to the country of origin
2. Risk assessment - The case manager conducts a pre-departure risk assessment based on the family history and security circumstances in the milieu of return.
3. Needs assessment and pre-departure assistance plan - The case manager helps the victim gauge the prospects for stay in the country of destination versus the prospects in the country of origin. The plan must include measures for long-term recovery, empowerment and social inclusion.
4. Referral - The reception centre makes contacts and makes the necessary arrangements to refer the client to local service providers in her region of origin.
5. Risk management plan - The case manager informs the client about the potential risks and possible measures of protection.
6. Documentation - If the person has no proper documentation, the Hungarian Consulate will issue the necessary documents to enable the person to travel.
7. Safe transfer - Travel can be arranged either independently by the victim, with the help of the Belgian reception centre or through IOM.
8. Reintegration - Victims may receive reintegration support in Hungary through the receiving organization, the national or NGO run shelters, IOM or other local service providers.
9. Legal assistance - Victims continue to receive assistance for pending legal action after their return. They usually receive information about the developments in the civil and criminal proceedings through their lawyer or the shelter.

Again this requires customized action based upon the victim’s situation. In any case, the following steps need to be taken:

• Contact the IOM (safe return);
• Gather information;
• Contact sister organization in Hungary;
• Draw up a plan of action, which can involve passports, money, reintegration, children etc.

The State Secretariat for Migration (SEM) in cooperation with IOM offers a return assistance service for victims of trafficking

1. Victims can apply for return assistance at the return counselling office or through FIZ Advocacy and Support for Victims (FIZ sends an application to the return counselling office). If it meets the criteria, the return counselling office forwards the application to the SEM.
2. If SEM approves the application, it mandates IOM Bern to organize the return and carry out the reintegration process in cooperation with IOM Budapest.
3. Risk assessment and preparation of return
4. Travel: flight booking, arrival assistance, secondary transportation, social/medical escort etc.
5. Reintegration process.
6. Monitoring.

• Identified as a victim
• Consulate (for valid ID documents)
• OKIT – to obtain information about the shelters
• Make a return plan

Which authorities/organizations take part in or are responsible for the referral/return process of the victims?

Reception centre, law enforcement agencies and judicial authorities (risk assessment), Consular services (documentation), IOM (travel and reintegration).

The IOM, the different shelters working with the victims and organizations in Hungary which will be take over the care of the victim after their return.

• The State Secretariat for Migration (SEM)
• IOM Bern and IOM Budapest
• Cantonal return counselling offices.
• FIZ Advocacy and Support for Victims 

• Consulate office
• Police
• IOM
• NGOs that operate shelters (HBAid, CFF, Anonymous Ways Foundation)
• Other NGOs or authorities depending on the victims’ needs and particular circumstances of the case
• OKIT

What kind of factors need to be taken into account when a victim is referred to HU? (e.g. risk assessment)

• Family history - for instance, it has to be taken into consideration whether the family itself is at risk, if family members were complicit in the trafficking, if there are people of trust within the family the person can return to, if they have significant debt or whether the family was involved in the trafficking;
• Circumstances in the milieu of return - is the person at risk of being stigmatized, discriminated against or punished?
• Links to perpetrators - is the criminal network still operating? Are there risks of falling prey to the traffickers again? Are there risks of reprisals for the victim or her family? Is there an ongoing investigation?
• The risk assessment relies on the victim’s account, but must be corroborated through checks in the country of origin, in cooperation with law enforcement agencies and/or local services and local authorities.

There are different risks a victim faces while being referred back to Hungary. One of the risks is that the care cannot or will not be continued in Hungary. Another risk is the victim will disappear from view of the authorities. More worrisome is the situation when victims who are referred fall victim to re-victimization as the social and economic environment of the victim was the primary source for the initial victimization, and despite all help and efforts this has not changed.

• Victim’s right to information and counselling.
• Links to the perpetrator.
• Family history and social-economical and/or cultural background
• Risk assessment. Is the person concerned or her / his family, relatives are in danger?
• Prospective for individual life in the country of origin (professional and educational background, socio-cultural environment).
• Potential factors of re-victimization. 

• To make a return plan in Hungarian to ensure victim to understand and accept
• To have valid ID documents
• To organise the travel to home
• To decide where to go back to: does the victim need shelter or could he/she go home (which is safe)
• Does the victim have a child or children? Are they with the victim? Do they need any special care? How old are they? (kindergarten or school? etc.)

How and under what kind of circumstances should be a victim referred?

The victim is referred when he or she may need assistance or wishes to receive assistance or faces threats in his or her place of origin. The shelter, law enforcement or judicial authorities in Belgium will make contact with relevant service providers and law enforcement in Hungary to ensure the safe return of the victim.

In case the victim is an EU citizen this takes place on a voluntary basis. The victim can remain in the Netherlands, but at some point access to social services will end and this is checked by the municipalities. A condition for this is that the victim cannot be involved in serious crime.

• Victims’ consent on the return.
• Risk assessment.
• Pre-departure clarification of reintegration needs in the country of origin (accommodation, medical needs, etc.).
• The receiving organization has received detailed information on the case. 

The details of returning home are included in the return plan: how and when the victim could go back home, who will wait for him/her and where, the route should be safe, does he/she need an escort?

Checklist?

• Informed decision to return
• Reception centre provides counselling on return plan
• Reception centre conducts pre-departure risk assessment
• Reception centre conducts needs assessment and pre-departure assistance plan
• Referral to victims support services in Hungary
• Police and judicial authorities in the two countries may cooperate to mitigate risks related to return
• The Hungarian Consulate may issue the necessary documents for travel
• Travel can be arranged either independently by the victim, with the help of the Belgian reception centre or through IOM.
• Victims may receive reintegration support in Hungary through the receiving organization, the national or NGO run shelters, IOM or other local service providers
• The victim’s lawyer or Belgian reception centre keeps the victim informed about developments in the legal action

Does not exist.

• Victims can apply for return assistance at the return counselling office or through FIZ Advocacy and Support for Victims (FIZ sends an application to the return counselling office). If it meets the criteria, the return counselling office forwards the application to the SEM.
• If SEM approves the application, it mandates IOM Bern to organize the return and carry out the reintegration process in cooperation with IOM Budapest.
• Travel: flight booking, arrival assistance, secondary transportation, social/medical escort etc.
• Reintegration process.
• Monitoring.

• Valid ID documents
• Create a detailed return plan
• Organizing travel (ticket, insurance etc.)

V. Criminal and civil proceedings

Overview of criminal and civil proceedings in BE, NL, CH and HU

Investigation - At the investigation stage, carried out by the Public Prosecutor or an investigating judge, evidence is gathered to establish whether a crime has been committed and whether the perpetrators can be identified. In Belgium, in human trafficking cases the statements released by victims are used as evidence. If the victim is no longer in the country, the public prosecutor or the investigating judge can interview him or her by videoconference or teleconference or in the country of origin by way of mutual legal assistance or through a Joint Investigation Team.

Trial - As the result of an investigation, a case is either closed or referred to a court for trial.

Sentence - During the trial the court will examine the body of evidence and determine whether the accused is proved guilty or not. Convicted traffickers in Belgium can be prescribed a prison sentence of 1 to 5 years and a fine of 500 to 50,000 EUR. The fine will be multiplied by the number of identified victims, which includes all victims, not only those who entered the programme. The fine will also be multiplied by the number of identified victims.

Compensation - When the victim wants to seek financial compensation at the criminal trial, he or she has to file a civil claim in the criminal proceedings. Civil action also can be filed on behalf of the victim by the reception centre. The claim can refer to all kinds of damage suffered, such as physical injuries and related medical costs, moral damage, material damage, wages lost, etc.

When an official report is filed, an abusive situation detected or relevant information (either from a victim, first line official or an anonymous tip via M) is received an investigation is started. Within the national police force specialised THB units have been established which include highly skilled and certified detectives. This means that the police are both first level professionals, when they detect an exploitative situation while busy with surveillance or enforcement and second line officials to which possible victims are referred if another organization is responsible for the detection and the situation needs further investigation.

When the police detect signs of victimization or a report is filed, the police will start their investigation. When this provides sufficient evidence, this is discussed with the public prosecution’s office and they decide to bring the case to court.

The Public Prosecution Service (OM) and the courts together make up the judiciary. The Public Prosecution Service decides who has to appear before a court and on what charge. It is the only body that can decide to prosecute someone. When a case is not brought before the courts the victim has the right to ask another court to review the public prosecution decision with the help of article 52 of the criminal procedural law procedure. This court may decide to tell the public prosecution to continue their prosecution against the presumed perpetrator.

Civil proceedings against the perpetrator or municipalities are possible but they need to be initiated by the victim, who is entitled to mandatory legal representation with the help of a pro bono solicitor and barrister or financial aid provided by the municipality on the basis of inability to pay.

1. Different roles and missions of Police and NGO are clearly defined and mutually respected
2. Police officers are specialized and specifically trained to interview traumatized victims
3. Victims‘ rights are respected, especially the right of the victim to take time to recover and take a well-considered decision on cooperation with the police (reflection time)
4. Witness and victim protection during criminal proceedings is grounded in the Federal Code of Criminal Procedure
5. The Federal Act on Extra-Procedural Witness Protection extends protection to witnesses and victims of human trafficking in federal and cantonal criminal proceedings also outside the actual proceedings and after conclusion of the trial.
6. Investigation - At the investigation stage, carried out by the Public Prosecutor, evidence is gathered by the police to establish whether a crime has been committed and whether the perpetrators can be identified. In Switzerland, statements released by victims are used as important evidence.
7. Trial - As a result of an investigation, a case is either closed or referred to a court for trial.
8. Sentence - During the trial the court will examine the body of evidence and determine whether the accused is found guilty or not.
9. Compensation - If a victim wants to seek financial compensation at the criminal trial, he or she has to bring a civil claim in the criminal proceedings. The claim can refer to all kinds of damage suffered, such as physical injuries and related medical costs, moral damage, material damage, wages lost, etc.

• A victim who did not report a criminal offence abroad may report it at home in Hungary. In this case the police call on foreign colleagues to participate in the procedure.
• The Hungarian Police is obliged to inform every victim about the possibility of victim support (including state compensation) both orally and in writing.
• Act No XIX of 1998 on Criminal Procedure: The victims must be questioned as witnesses during the criminal procedure.
• Witness Protection Act (Act LXXXV of 2001 on the Protection Programme for Participants of Criminal Procedures and Persons Co-operating with the Criminal Justice). The programme grants physical protection to witnesses. The programme is available to victims of trafficking, provided they are willing to testify in court.

How should be the victim assisted during the criminal and civil proceedings?

• Right of information on court proceedings
• Free legal counselling and representation
• Free interpretation services
• Protection during trial - Once the victim has made a statement, he or she is not obliged to appear in court to testify against the traffickers. In the event the victim wants to testify, the Belgian Code of Criminal Procedures allows the person to appear in court without the presence of the accused (art. 73).
• Witness protection for victims at risk of reprisals in Belgium includes preventive police patrols, registration of incoming and outgoing telephone calls, provision of a secret telephone number, protected car licence plate, mobile phone for emergency calls, physical protection; and relocation for a maximum of 45 days.
• Witness protection envisages also partial and full anonymity that can be granted by the Public Prosecutor or investigating judge and used to protect witnesses in threatening situations, which is seldom the case for victims of human trafficking.

Victims are entitled to legal representation which is free of charge if they cannot afford it themselves.179 Besides this representation victims will be informed on the options to insert a civil claim against the trafficker(s) in a criminal procedure and to appeal to the victim compensation found.

• Close cooperation between law enforcement authority, migration office, victim assistance and NGO´s
• Detailed information about the victim rights and the criminal proceedings
• Free legal counselling and representation
• Free interpretation services 

Tools of the witness protection concerning Paragraph 96-98/A of Act No XIX of 1998 on Criminal Procedure:

• processing of personal data of the witness privately,
• declaration of the witness as anonymous witness,
• ordering the personal protection of the witness, victim.

According to the Section 51 (1) and (2) of Act No XIX of 1998 on Criminal Procedure:

• The victim is the party whose right or lawful interest has been violated or jeopardised by the criminal offence.
• The victim shall be entitled to
• Be present at the procedural actions (unless provided otherwise by this Act) and to
• Inspect the documents affecting him or her in the course of the procedure,
• Make motions and objections at any stage of the procedure,
• Receive information from the prosecutor and the investigating authority concerning his or
• Her rights and obligations during the criminal proceedings,
• File for legal remedy in the cases specified in this Act.

How should the victim be encouraged to report the crime?

Since most Hungarian victims want to return to their place of origin, it has been stressed that one important factor in encouraging victims to join the protection program is to guarantee the victim that he or she can return home with her victim status, with all the rights and benefits which the status implies in Belgium, from the country of exploitation to the country of origin, in line with the European Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims. The “protection package’ should include:

• protection from intimidation, retaliation and further harm by the abusers and harm that may result from criminal investigations and court proceedings, such as repeated interviewing of the victim, facing the accused in court, etc.;
• support, including longer-term physical and psychological assistance, social inclusion and reintegration and legal assistance during proceedings,
• social inclusion, reintegration of the victim should guarantee full access to fundamental rights and to the resources necessary for the person to enter the job market and reach standards of living that are considered acceptable in the country of destination or in the country of origin,
• family protection, where children of trafficking persons are at risk, law enforcement and social services have the obligation to intervene to protect the victims and their families, while ensuring that family unity is preserved,
• access to justice to ensure that victims are aware of their rights, understand them and have the tools to exercise their rights;
• compensation and restoration.

It all starts with raising awareness and increasing knowledge of the options and victims’ rights. The police play a crucial role and they should work with the victim taking into account their needs as well as their task of retrieving information. One of the ways this is being done is by conducting interviews on location. Gaining trust is key and this could be established with the help of Hungarian-speaking contacts who act as counsellors.

• Protection
• Feel safe
• Detailed information about the rights and opportunities (no false promises)
• Detailed information about the pros and cons/chances and risks of the criminal proceedings
• Implementing the victim rights during the police-prosecutor and court proceedings
• Implementing Protection measures by  cooperation between NGOs and specialized police
• Support (see above the full description of victim support)

• Protection
• Feel safe
• Information about the opportunities

What are the reasons for victims refusing to participate in the criminal and civil proceedings and cooperate with the authorities?

Hungarian victims of sexual exploitation in Belgium:

• Do not see themselves as victims (they are “brainwashed” or they fail to recognize the exploitation)
• Distrust of authorities
• They have been threatened and are afraid of reprisals
• Afraid to lose custody over their children in Hungary
• Willingness to continue to work on their own to send money to their families
• Family involved in the trafficking
• Want to go home as soon as possible and move on with their lives

Hungarian victims of labour exploitation in Belgium:

• They have been threatened and are afraid of reprisals
• They do not have faith in justice
• They have an interest to recover unpaid wages but believe that the process will be too long
• They want to go back to their families as soon as possible
• They feel the urge to find other ways to support their families and feel that seeking justice would be ‘a waste of time’

The main reasons for victims’ unwillingness to cooperate with the authorities are fear of the perpetrator, fear that the direct family will find out what has happened and fear of social labelling and the fact victims are not allowed to resume work within (legal) sex-work/prostitution in the Netherlands.

• Fear of reprisals by the perpetrator
• Emotional link between perpetrator and victim (e.g. “loverboy” phenomenon, family involved in trafficking)
• Distrust of (law enforcement) authorities
• Fear of own prosecution due to illegal stay and work
•  Lack of self-awareness (the victims often don´t recognise themselves as such)
• Lack of information about the opportunities
• Willingness to continue to work on their own to send money to their families
• Willingness to go home as soon as possible and move on with their lives
• Shame to admit sex work and to talk about what happened
• High debts
• Social discrimination
• Fear of losing the parental custody for their children in Hungary

• Fear of perpetrator
• Emotional link between trafficker and victim
• Do not have information about the opportunities

Checklist?

• Law enforcement, Public prosecutor and investigative judge conduct investigations to gather evidence
• Investigations may result in closing of the case or trial
• During trial the victim does not have to appear in court
• If found guilty the traffickers are convicted
• Victim can file a civil claim in the criminal proceedings to claim compensation

Does not exist

• Law enforcement (police) and public prosecutor conduct investigations to gather evidence
• Investigations may result in closing of the case or trial
• Legal aid and/or translation for the victim if he/she needs
• If found guilty the traffickers are convicted
• Victim can bring a civil claim in the criminal proceedings to claim compensation
• Provide secure environment and basic care
• Assess the risk regularly involving the victim in the process develop a risk management plan.
• Inform the victim about their rights and the course of the court proceedings

• Information about victim support and the rights and opportunities of witnesses (both orally and in writing)
• To start the criminal procedure
• Legal aid for the victim if he/she needs it
• Information about the state (and stage) of criminal procedure