Answer by DK Govnmt Mar 2011 on training for lawyers etc

The Legal Affairs Committee 2010-11REU ordinary part, final answer to Question no. 604PublicMinistry of JusticeFolketingetThe Legal Affairs CommitteeChristiansborg1240 Copenhagen KDate: 10 March 2011Office: Civil and Police Dept.Case no.: 2011-150-2151Doc.: JEE44087We forward herewith the answer to Question no. 604 (ordinary part) that the Danish Parliament's LegalAffairs Committee submitted to the Minister for Justice on 11 February 2011.The question was asked at the request of Line Barfod (The Unity List – the Red-Green Alliance).Lars BarfoedCarsten Kristian VollmerSlotsholmsgade 101216 Copenhagen K.Telephone 7226 8400Fax 3393 3510www.justitsministeriet.dkjm@jm.dkQuestion no. 604 (ordinary part) from the Danish Parliament's Legal Affairs Committee:“What training are judges, solicitors, public prosecutors, the police force and theimmigration authorities given to enable them to identify and help victims of humantrafficking in the best possible manner?”Answer:In order to answer this question, the Ministry of Justice obtained statements from the Danish CourtAdministration, the National Commission of the Danish Police, the Director of Public Prosecutionsand the Ministry of Refugee, Immigration and Integration Affairs.The Danish Court Administration provided the following information:“Judges and other practising lawyers receive training in “handling” injured parties, including thevictims of human trafficking in order to enable them to identify and help victims of criminality ingeneral. This training forms part of the ordinary course of education and further education forjudges and other practising lawyers.The Danish Court Administration can also inform you that the complexity of cases involvinghuman trafficking was most recently reviewed and discussed in November 2010 at the JudicialTraining Centre (Domstolsakademiet), which provides further education for judges and practisinglawyers. In this connection, among other matters, the focus was on the means of coercion usedagainst victims of human trafficking, on how victims were exploited and on how victims wereforced to continue with a life of prostitution, for instance.In addition, the following subjects were touched on during the course:Section 262 a of the Danish Penal Code on human traffickingDenmark's international obligationsA review of concrete cases of human traffickingThe role of the authoritiesOpportunities for victims of human trafficking to obtain asylumBringing chargesThe text of Section 26 a of the Danish Aliens Act (on foreign citizens who have beensubject to human trafficking)The reliability of witnessesThe Danish Government's action plan for combating human trafficking 2007-2010, theDanish Centre against Human Trafficking (CMM) and facts regarding human trafficking inDenmark.”The National Commission of the Danish Police provided the following information:“All students at the Danish Police College attend classes on the subjects mentioned during the 1stmodule of Basic Police Training (PG I). In this connection, students study relevant aspects ofprostitution, the people behind trafficking in women and human smuggling.In connection with teaching, which is planned and performed by staff from the Danish NationalInvestigation Centre (NEC) in collaboration with the Danish Centre against Human Trafficking(CMM), students are informed about the current state of prostitution in Denmark and about thepolice collaboration with external and international parties. In addition, the collaboration withCMM is described, including the police force's inclusion of CMM in planned actions in the hauntsof prostitutes. Furthermore, there are reviews of relevant legislation and the police force's areas ofresponsibility, from implementing and performing control activities and investigations, to thesubsequent preparation of charges.The aim of teaching is to provide students with a broad understanding of the phenomenon of humantrafficking, including methods to identify indicators of such trafficking. This also includes what arethe often difficult circumstances that reputed victims of human trafficking find themselves in,among other things, with the aim of helping students to understand reputed victims' patterns ofreaction in connection with questioning, etc. Emphasis is also placed on the significance of this areaand on teaching students that the ability to treat a reputed victim with the necessary respect andunderstanding can increase the possibility of indicting a perpetrator.Students are also taught the above-mentioned subjects during the final part of their training and, inthis connection, attend classes in relation to investigating organised crime.The subject is also incorporated into other areas of police training, including subject areas such asthe theory of police work, criminal law, psychology, sociology, international relations and humanrights, foreign citizens, etc.We can also inform you that a series of information meetings for all Danish police districts was heldin the autumn of 2010. Teaching was performed by police personnel who possess extensiveexperience of investigating human trafficking. Approximately 200 members of the police force andpublic prosecutors attended the classes. This is a continuation of the annual, nationwide theme daysconnected with investigating the haunts of prostitutes that the NEC, as a national monitoring body,has held with the aim of passing on the good and bad experiences gained in the police districts.Finally, we can inform you that there are classes on the subject of human trafficking and the peoplebehind prostitution in connection with the further training courses for police officials held locally inthe police districts. Particular emphasis is placed on the concrete problems and challenges that thepolice may be confronted with in the individual districts when arranging these courses. The purposeis to provide participants with the knowledge and skills to enable them to detect indicators of humantrafficking and procuring, to carry out intensified controls in the haunts of prostitutes and to gatherinformation for use in investigating cases involving human trafficking and the people behindprostitution.”The Director of Public Prosecutions provided the following information:“There is a series of rules, etc., in connection with prosecuting criminal cases, whose purpose is tosupport and guide the victims of criminality. It is self-evident that these rules also apply to casesinvolving human trafficking.For example, it is consequent on Section 741 a of the Administration of Justice Act that in casesinvolving violations of Section 262 a of the Penal Code on human trafficking, among other matters,it is possible to assign a solicitor to represent the injured party. One of the solicitor's tasks is tosupport the injured party during questioning by the police and in court, and to provide support whena claim for damages, where applicable, is heard. According to the circumstances, the solicitor canalso provide advice regarding specific help, provide personal support and guidance and performother tasks for the injured party of a more general character.It is also consequent on Section 741 b of the of the Administration of Justice Act that the policemust advise the injured party about the rules regarding the appointment of a solicitor and that suchadvice must be repeated in connection with and prior to a second questioning.The Prosecution Service pays close attention to the prosecution of cases involving humantrafficking in pursuance of Section 262 a of the Penal Code, including the treatment of victims withregard to these cases.In this connection, I can inform you that the treatment of injured parties and witnesses in general isincluded as a theme in the practical and theoretical basic training that all public prosecutors receiveduring the first three years of their appointment.I can also point out that, after the Danish Police Reform, cases involving human trafficking areprosecuted in the police districts by the advocacy for crimes involving battery and that thiscontributes to the breadth of the experience and expertise of the public prosecutors who areinvolved with these cases, including in relation to the treatment of victims.Furthermore, the Office of the Director of Public Prosecutions plays a part in instructing therelevant participants in this area. In collaboration with the police, SKAT, CMM and others, theDirector of Public Prosecutions has held nationwide theme days for the police and the ProsecutionService in connection with investigating the haunts of prostitutes. The Director of PublicProsecutions, together with CMM, among others, has instructed judges in connection with casesinvolving human trafficking, including the treatment of victims, under the auspices of the DanishCourt Administration.At present, the Director of Public Prosecutions is also considering a revision of Section 262 a of thePenal Code as described in the Director of Public Prosecution's notice no. 9/2005 on sentencing incases involving violations of the Penal Code, and the notice also contains an account of theparticular issues connected with victims of human trafficking that could be of relevance for thework of the Prosecution Service on these cases.It can be added to the above that the Office of the Director of Public Prosecutions is represented inthe general work of coordination in this area, including in the reference system established byCMM, in which the central participants in the area are represented, including the police, the DanishImmigration Service and organisations such as the Danish Red Cross and Save the Children. Aspart of this, among other things, it is possible to exchange experiences regarding the prosecution ofcases involving human trafficking in relation to the victims of human trafficking.”The Ministry of Refugee, Immigration and Integration Affairs provided the following information:“The Immigration Service contributes to the training of expert staff in connection with humantrafficking at many different levels.It is a natural part of training staff who interview asylum applicants that they receive instruction inidentifying victims of human trafficking. In this connection, a series of advisory questions has beendrawn up that staff can use in connection with issues involving human trafficking. Training alsoincludes paying particular attention to the problem in relation to applicants from certain countries,such as Nigeria.A special group of staff members is responsible for determining whether a person has been exposedto human trafficking and detailed instructions have been drawn up for their use in this connection.In addition, this group takes part in internal and external interdisciplinary cooperation on the area.Ongoing, internal coordination meetings are held by the Immigration Service with the participationof the various people in the administration. Furthermore, the Immigration Service has held severalclasses for CMM staff, including for contacts for social workers at local crisis centres, outreachstaff and for Danish Red Cross staff, especially those from the Women's Centre (special centres ofrefuge for single women with and without children), where the various cases, the legal foundationand the special offers for people who have been trafficked are reviewed.The Immigration Service regularly holds classes on the rules regarding deporting and turning awayforeign citizens for police personnel. In this connection, it is emphasised – especially with regard toillegal work in the haunts of prostitutes – that they must pay particular attention to reputed victimsof human trafficking, and their attention is drawn to any indicators that a foreign citizen has beensubject to human trafficking.In addition, the Immigration Service holds talks, coordination meetings and a cooperation forum onan ongoing basis where the administration discusses practical issues with organisations such asCMM, the International Organisation for Migration, the Danish Red Cross, the police and Save theChildren.”