Role of Prosecuting Officer in Human Trafficking: Insights from Organizers
Explore the critical role of prosecuting officers in human trafficking cases, as discussed by Dr. Zuraini Ab Hamid from IIUM and organized by Tenaga Penang. Discover the challenges, misunderstandings, and working relationships involved in prosecuting such cases, with a focus on the Malaysian context and the 2021 TIP report. Gain insights into the prosecution process, including the need for better communication with victims and the importance of evidence and witness testimony for successful outcomes.
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Presentation Transcript
R O U N DTA B L E D I S C U S S I O N : T H E RO L E O F P RO S E C U T I N G O F F I C E R I N H T C A S E B Y : D R Z U R A I N I A B H A M I D ( I I U M ) O R G A N I S E R : T E N A G A N I T A P E N A N G
TIP 2021 (2NDJULY 2021) Tier 3 failed to comply with the minimum standards or make significant efforts to comply majority of victims are migrant workers Greatest forced labour-palm oil, agriculture plantations, construction sites, electronics, garment and rubber product industries
TIP 2021: PROSECUTION Prosecutor often interpreted trafficking to require the physical restraint of a victim 2014 directive Prosecutors reported they engaged with victims; however, having communication problem. NGOs reported some prosecutors did not meet with victims before trial. Sometimes only met a victim on the first day of a trial. The absence of shelters in northern Malaysia hindered the ability of those prosecutors to meet with victims who were relocated to Kuala Lumpur for services.
M I S U N D E R S T A N D I N G : C O E R C I O N Challenge: a) Burden of Proof: BRD b)Witness: victim/ expert/ etc c) evidence Australia Malaysia
WORKING RELATIONSHIP BETWEEN THE DPP AND IO 73 specialist DPP in 2020 Investigation Prosecution
DPP & VICTIM TIP 2021 on Prosecution Why don t the DPP meet the victim (HT and other criminal case) Recommendation in TIP 2021
SUCCESS IN PROSECUTION Own/ colleague experience Success in prosecution a) witness testimony b) evidence c) understanding of parties: judge, DPP, IO
