A victim of human trafficking has a right to turn to law enforcement with a request to initiate criminal proceedings in a human trafficking case.
Your application
A victim of human trafficking is entitled to submit an application to the Police to request the initiation of criminal proceedings. You can submit the application online or find the information on other ways to apply on the ePolice website. The police officials are obligated to transfer that application to the competent police department.
note You can also directly apply to the prosecutor, who is responsible for coordinating the pre-trial investigation.
important If you believe that your or someone else’s safety, health or life is endangered, you should call the police on 112.
After receiving a complaint, the investigating officer must examine the information indicating that a criminal offence may have been committed and must decide about the initiation of criminal proceedings as soon as possible.
The investigating officer subsequently has a duty to perform investigative actions in order to ascertain whether a criminal offence has taken place, who committed such an offence and whether a person may be held criminally liable for such offence. The officer should also identify such person and acquire the evidence required for holding such person criminally liable.
Refusal to initiate proceedings
Where a police officer refuses to initiate criminal proceedings (this must be a decision in written form and the police officer must inform the applicant), the victim has rights to appeal the decision within 7 days of its receipt. The decision of the investigator can be appealed to the prosecutor, or if the decision was made by a prosecutor, it can be appealed to a pre-trial judge.
A prosecutor or a pre-trial judge must examine a complaint and may fully or partially revoke or amend the appealed decision.
The decision of the pre-trial judge, by which the complaint is refused or satisfied, can be appealed further to a higher court.
Read more about how to complain in the pre-trial stage of criminal proceedings.
What human rights violations may there be?
The right to life is closely connected with the start of legal actions in cases of human trafficking. When a person becomes a victim of human trafficking, their right to life is at risk due to the harmful and dangerous situations they may face. A victim has the right to seek justice and have their case investigated. Initiating criminal proceedings against traffickers is not only a legal process but also a way to safeguard the victim's right to life. By taking action and reporting the crime, victims contribute to preventing further harm and protecting themselves and others from exploitation.
The act of trafficking itself is prohibited as a form of slavery and forced labour. If a government doesn't create the appropriate laws and frameworks to prevent trafficking, and if the police don't do enough to help the victims, it is considered to be a violation of the victim’s right not to be enslaved.
When a person becomes a victim of human trafficking, they are subjected to severe violations of their rights, necessitating access to effective remedies. They hold the right to seek justice and have their case thoroughly investigated. The Police, as the law enforcement agency, is responsible for then taking operational measures to protect victims and to investigate human trafficking crimes. The failure of the police to initiate criminal proceedings and investigate the case as a human trafficking crime, can be considered a violation of the victim's right to an effective remedy.