Victims of human trafficking have specific rights during criminal proceedings.
Rights of victims in all criminal cases
Generally, victims in criminal proceedings are entitled to the right to be heard and have their case evaluated impartially and without any form of discrimination. The victim must have access to all relevant evidence, have the opportunity to participate in the proceedings, and have the right to an effective remedy in the event of a violation of their rights. The right to a fair trial also extends to the right to legal representation and to be informed of the charges against them in a language that they understand. Learn more about the rights of victims in criminal proceedings in the Guide.
Rights of victims of human trafficking
According to Lithuanian law, persons who have suffered from offences of human trafficking are identified as vulnerable victims.
In addition to the basic rights of victims in criminal proceedings, the vulnerable victims are entitled to:
- participate in procedural actions with a trusted person, i.e., a person with whom the victim feels safe, and this person does not have to be a lawyer or an official representative of the victim
- to be questioned in a specially equipped room without the presence of persons unrelated to the specific procedural action of the criminal case
- not to testify in court in person but via technical (e.g., video) means
- obtain information on the arrested or convicted person’s release or escape from imprisonment or detention
Victims, who have been identified as more likely to become victims repeatedly, are offered appropriate measures to protect them during criminal proceedings. The person directing the criminal proceedings may apply a security measure prohibiting the perpetrator from approaching the specific person or their location or other safety measures considering the circumstances of the case, to ensure a victim’s safety.
A safe shelter for victims of trafficking can also be provided by the social service provider as a part of State funded assistance victims of human trafficking.
What human rights violations may there be?
If your rights as a victim have not been ensured by the police or other involved institutions, it may result in violation of your right to life, the prohibition of inhuman treatment and the right to a fair trial.