Chiang Rai (Thailand), 18 December 2020 - Significant evidentiary challenges arise in building cases against human traffickers. In many cases, victim testimony constitutes the main evidence or in some cases, the sole evidence available. Where criminal justice practitioners lack capacity to effectively work with victims as witnesses, their vital evidence may be lost or ineffective to secure trafficking convictions. Other challenges arise, particularly in complex cases of transnational trafficking that require skills to address language barriers; to use special investigative techniques; and to gather and preserve evidence obtained through international cooperation.
From 17-18 December 2020, UNODC ROSEAP, in partnership with ASEAN-Australia Counter-Trafficking (ASEAN-ACT) and funding from the Government of Japan, facilitated a two-day training to discuss some of these evidential issues that arise in human trafficking cases. Nineteen judges from the northern region and seven judges from the Court of Appeal and the Supreme Court of Bangkok joined the workshop, which was based on UNODC’s Case Digest on Evidential issues in Trafficking in Persons Cases (available in English and Thai). The training was opened by Rebecca Miller, UNODC Regional Coordinator for Human Trafficking and Migrant Smuggling and Judge Kamol Khamphen, President of the Human Trafficking Case Division of the Court of Appeal. Marika McAdam, International Law and Policy Advisor with ASEAN-ACT, was the main facilitator.
The first of five trainings, participants learnt from actual human trafficking cases from different parts of the globe in order to better understand some of the challenges that often arise in criminal proceedings. Options and possible solutions that have been tried and tested in cases before the courts were discussed, such as how to achieve convictions with the absence of victim testimony and in cases where exploitation had not transpired. 
Over the two days, participants worked through several interactive case studies and actively participated in debates and discussions. The last part of the training involved panel discussions on evidential issues in the inquisitorial system as well as a review of Thai cases. These sessions were led by Judge Athikom Intuputi, Presiding Justice of the Supreme Court; Judge Sittipong Tanyapongpruch and Judge Aree Tussana, Justice of the Court of Appeal, and Judge Sanchai Polchai, Research Justice of the Supreme Court.
UNODC greatly values its partnership with the Thai Office of the Judiciary and is looking forward to the next trainings in Udon Thani, Ranong, Bangkok, and Trang in 2021.
