DPP Chambers cites challenges in prosecuting human trafficking cases

− language barrier, distrust of the Judiciary, delays in investigations among challenges

Over the years, Guyana has made significant strides in its fight against human trafficking. In fact, for the past five consecutive years, Guyana has maintained its Tier One status in the US State Department’s Trafficking in Persons Report – this means the Government meets the minimum standards for the elimination of trafficking.
There, however, continue to be challenges when it comes to prosecuting human trafficking cases, according to the Assistant Director of Public Prosecutions (DPP) Diana Kaulesar-O’Brien. She made this disclosure at a recent webinar held in observance of World Day Against Trafficking In Persons which is observed on July 30 annually.

Victims’ distrust in law enforcement, prosecutors, and the judicial system, the inability to guarantee the safety of victims and their relatives as well as the language barrier and delays in investigations are among the challenges faced in prosecuting TIP matters, Kaulesar-O’Brien highlighted.
According to her, victims’ distrust is often due to whatever they may have been told by traffickers. She explained that perpetrators of this crime may either tell their victims that they would not be assisted, that they would be deported, or arrested and prosecuted. “So this is a hindrance in terms of reporting and during the screening process in giving correct information to the officers who are asking the questions.”
Another major challenge, she said, is stakeholders’ inability to guarantee the safety of TIP victims and their relatives. While there are provisions for protecting victims in Guyana’s Combatting Trafficking in Persons and the Witness Protection Acts, the Assistant DPP noted that there are no adequate systems in place for “us to give assurances to victims that they will be safe or that their family members will be safe.”
“And this has led, in a few cases, to victims refusing to give statements or refusing to go to court,” she said, adding that briefing victims, arranging meetings, and acquiring interpreters continue to be a difficult task largely because there is a shortage of translators.
“We have several cases where the victims are not native English speakers, so therefore for the prosecution to even have preparation for the court process, they need to have an interpreter present just to facilitate that process.”
Victims’ fear of reprisal by traffickers was also another issue raised by Kaulesar-O’Brien who explained that this occurs usually because of threats that have been made, not only against the victims themselves but also their relatives. This too, she said, would deter victims from participating in the court process. But victims have also refused to testify in court because they are fearful of facing their traffickers.
“We have often had victims asking whether traffickers would see them when they testify in court and that usually makes or breaks whether they are actually going to testify and sometimes it is due to loyalty to traffickers or other persons in the trafficking network.”
In human trafficking cases, she pointed out that corroboration is difficult to obtain “because the other persons who are around when this tends to happen are other persons who are involved in the trafficking activities. Or victims who may not want to give information to law enforcement or persons who are soliciting sexual services.”
But trafficking victims do not always see themselves as victims, said the Assistant DPP.
She added, “When victims are screened, they often do not see themselves as victims, they do not want to cooperate, and sometimes victims do not recognise the fact that they are being exploited.” For example, she revealed that because some Venezuelan victims are receiving some amount of benefit from their traffickers, they do not see themselves as victims, even though they are being seriously exploited.
Moreover, Kaulesar-O’Brien disclosed that victims being treated as the only source of evidence continues to be a major concern when it comes to the prosecution of perpetrators of this crime. “Our investigations are largely dependent on the testimony of the victims. And this of course means that if the victims choose to leave or they no longer want to participate oftentimes the cases would fall through because that is the body and soul of the prosecution’s case,” she shared.
The Assistant DPP added that incomplete investigations cause delays in the court process and may lead victims to become frustrated. This, of course, she said, “ties our hands in terms of being able to advise charges and it is a problem we tend to encounter frequently.” She further explained that Guyana’s geographical layout also poses some challenges concerning human trafficking in the interior regions.
“Challenges in terms of being able to conduct surveillance, being able to enter certain communities undetected, and being able to successfully effect rescue operations.” Also, she informed that there is also the issue of victims being dissatisfied with care facilities.
“In some cases, victims will choose to be in shelters, this is their prerogative and those shelters tend to have rules and sometimes adult victims have difficulties with that. This would lead to them leaving care and not necessarily providing contact information as to where they are going or their contact number. Therefore, when it is time for them to testify, there is a huge problem in terms of locating them.”
Prosecution of human trafficking cases is primarily done in the Magistrates’ Courts by Police prosecutors, while any appeal against a decision of these courts lies with the Appeal Court and the Caribbean Court of Justice (CCJ). The involvement of the DPP’s Chambers in the investigation and prosecution of such matters is very important.
The DPP Chambers assist with the initial consultation which involves collaboration with the Police Force TIP Unit in the early stages of investigations, consultation to guide the investigative process, and on what evidence ought to be collected. It also gives legal advice on whether further investigations should be conducted, if charges should be laid, and provides assistance to Police prosecutors on legal issues.
As of May 2021, Guyana has recorded 49 alleged human trafficking victims of which 44 are females and five are males. Of the 44 females, the majority of them, 34, are Venezuelan nationals; six of them are Guyanese and the other four are Jamaicans. As for the nationality of the males, two are Guyanese and another two are Jamaicans.
The other alleged victim is an Indian national.