Vienna, Austria - 04 January 2023
Can you tell us about yourself? I've been a judge since 2008. My father was a judge as well. He encouraged me to pursue a law degree. I dreamed of being like him when I was in primary school, wearing his robes. "I will give you my robe once you become a judge," my father always said. So, I enrolled in law school and graduated from Bagdad University in 2000. To be a judge, you must be over the age of 28 and have more than three years of practical experience; when I applied to join the Institute of Judges, they initially refused me due to my age. However, I took the exam and was accepted. I am the father of three children. Two girls and one boy; my daughter is a university student, and the others are still in school.
Can you tell us a bit more about the role of an investigating judge. What are some of the challenges? In Iraq, investigating judges play a leading role in criminal investigations, including interviewing witnesses. They are responsible for issuing arrest warrants, determining appropriate charges, weighing the evidence, issuing findings, and passing sentences. Investigating judges may receive information about a case from law enforcement and decide on the next steps. They may also have the information and direct law enforcement to investigate.
Collecting evidence in criminal cases can be challenging, especially in complex cases involving human trafficking. The experience and expertise of the investigating judge is important in ensuring that the evidence is collected and analyzed properly. Human trafficking cases can be particularly difficult due to the often-complex linkages between trafficking in persons and other crimes. Legal concepts related to trafficking in persons and the smuggling of migrants can be difficult for law enforcement to understand and apply. Hence, it is essential for the investigation judge to have a thorough understanding of these concepts to guide the investigation effectively.
Enforcing the laws related to trafficking in persons can be challenging, especially when cultural or societal attitudes view victims as perpetrators rather than as people who need support and protection. Law enforcement must be aware of these attitudes and approach their work with a victim-centred focus, recognizing that people who have been trafficked are victims and should be treated as such. This may require additional training and support for law enforcement officers to understand the unique challenges and needs of trafficking victims. It is also vital to ensure adequate resources, such as shelters and other forms of support, are available to assist victims and help them rebuild their lives.
How did your engagement with UNODC under the GLO.ACT project impact your work? UNODC GLO.ACT project has had a significant impact on the judicial system in my country, providing information and training that has helped to improve the understanding and application of the 2012 TIP law. It is encouraging that law enforcement and judges are now more aware of how to apply this law and are taking steps to do so. The amendment to the law that has been proposed is also very promising, as it is in line with international standards and is, I believe, one of the best amendments to trafficking in persons legislation in Arab countries. While there may be challenges in implementing the amendment, it is important to continue working towards ensuring that the laws related to trafficking in persons are in line with international standards and protect the rights of victims and survivors.
I also believe that continued capacity building and training are essential to ensure that law enforcement and judges can effectively investigate and prosecute cases related to trafficking in persons. I've noticed that after training, trafficking investigations are much more successful.
It is encouraging to hear that the activities of under GLO.ACT have had a positive impact on the knowledge and capacity of law enforcement and judges, including yourself. Looking ahead, what more needs to be done? Yes, it is, and on a personal level, I've taken it upon myself to provide training on trafficking in persons to colleagues and take proactive steps to address human trafficking cases.
Building the capacity of law enforcement and judges through training and ongoing professional development is crucial in ensuring that the laws related to trafficking in persons are effectively implemented. One way to achieve this is through "training of trainers" (ToT) programmes, where a small group of individuals are trained to become trainers themselves and are then able to share their knowledge and skills with others in their organization or community. Identifying and cultivating a pool of "champions" for these ToT programmes can help to ensure that the training is effective and sustainable over time. It is also important to find ways to continuously share information and best practices and to provide regular opportunities for judges and law enforcement to discuss cases and receive basic training. Having specialist TIP and SOM judges in every governate and specialist law enforcement officers could also improve the judicial system's capacity and effectiveness in addressing these crimes. It is vital to continue working towards these goals to improve the judicial system's ability to combat trafficking in persons and the smuggling of migrants.
***End***
The Global Action against Trafficking in Persons and the Smuggling of Migrants – Asia and the Middle East (GLO.ACT-Asia and the Middle East) is a four-year joint initiative by the European Union (EU) and the United Nations Office on Drugs and Crime (UNODC) being implemented in partnership with the International Organization for Migration (IOM) in up to five countries: Islamic Republic of Afghanistan (Afghanistan), Islamic Republic of Iran (I.R. of Iran), Republic of Iraq (Iraq), Islamic Republic of Pakistan (Pakistan). GLO.ACT-Bangladesh is a parallel initiative also financed by the EU and implemented with IOM.
The project builds on a global community of practice set in motion in GLO.ACT 2015-2019 and assists governmental authorities and civil society organizations in targeted, innovative, and demand-driven interventions: sustaining effective strategy and policy development, legislative review and harmonization, capability development, and regional and trans-regional cooperation. The project also provides direct assistance to victims of human trafficking and vulnerable migrants through the strengthening of identification, referral, and protection mechanisms. The project is fully committed to mainstreaming Human Rights and Gender Equality considerations across all of its activities.
The project is funded by the European Union
For more information, please contact:
Email: unodc-glo.act@un.org
Twitter: @glo_act
