This project is funded by the European Union A project implemented by the AIRE Centre
Name of interviewer /
Partner /
Questions relating to Article 3 on Non-Discrimination Principle:
The gender of the victim: / Choose an item.
Is the victim a minority? / Choose an item.
If the victim is a minority please tick: / Choose an item.
Please describe how the victim’s credibility was assessed:
Please identify whether the victim experienced from the authorities any coercion, hostility, racial and/or stereotypical remarks, degrading approach and/or a violation to her/his integrity:
Was the victim in need of interpretation? Choose an item.
If ‘Yes’ did (s)he receive interpretation? Choose an item.
If ‘at some point’ please indicate when and when not (s)he obtained interpretation:
Was the victim in need of medical care? Choose an item.
If ‘Yes’, please identify what medical care (s)he was in need for as well as whether those needs were being met by local authorities, charities, or others:
Was the victim in need of medical care? Choose an item.
Was the victim made aware by the authorities that (s)he is entitled to any form of legal advice or representation? Choose an item.
Did the victim obtain appropriate legal services? Choose an item.
If ‘Yes’ please specify the nature of the legal services the victim obtained:
If ‘at some point’ please identify the form as well as when (s)he got such services:
Did the authorities seek assistance by NGOs and/or other specific specialists during the identification process as well as other procedures involving the victim? Please elaborate:
Did the victim receive housing? Choose an item.
If ‘yes’ or ‘at some point’ please identify the housing in question.
What if any other social assistance has the victim received?
Did the authorities investigate the victim’s trafficking case? Choose an item.
Please elaborate further:
Did the investigation result in a prosecution? Choose an item.
If ‘Yes’ did the victim agree to testify against the trafficker? Choose an item.
If ‘Yes’ did (s)he feel coerced by the authorities into doing so? Choose an item.
Questions relating to Article 4 on Definitions:
Was (s)he found to be a victim of trafficking by the authorities?
If qualified as a victim, please elaborate which findings were made in relation to:
* Means:
* Threat/force/deception:
* Exploitation:
If not qualified as a victim, please elaborate which findings were made in relation to:
* Means:
* Threat/force/deception:
Exploitation:
Explain how the authorities considered the question of ‘consent’ in the victim-identification process:
Identify how the authorities considered the relevant time (if applicable), that is, whether the person was a current or past victim, in the victim-identification process:
Identify how the authorities considered the relevant geographical location of violation,in the victim-identification process:
If applicable, address how the authorities adapted the definition for ‘child’, in the victim-identification process:
Questions relating to Article 5 on Prevention of Trafficking in Human Beings:
Did the authorities know, or should they have known, that the victim was at real (individualised) risk of being trafficked or that the trafficker posed a real risk?
Questions relating to Articles 7, 8 and 9 on Border Control and Documents:
Did the victim cross the external border of the State? Choose an item.If ‘No’, please go to questions relating to Article 10 on identification of the victims
Did the victim undergo border control procedures? Choose an item.Were the entry documents checked, and checked properly, by the relevant authority when victim was entering the State? Choose an item.
Were there indicators (according to UN.GIFT indicators) at the border which should have given the authorities reason to believe that (s)he was a trafficking victim and/or the trafficker was a trafficker? The indicators can be found on:
How many people were crossing the border and under what conditions?
Is separate entry clearance required for children? Choose an item.
Did the victim have right to enter the State (i.e. was (s)he in possession of an entry visa or exempt from the visa requirement)? Choose an item.
If answer is ‘No’, please answer sections C) and D) but skip sections A) and B)
A) How was the visa secured and who organised it (e.g. embassy) plus who drafted and sent the invitation letters to get the visa?
B) Did the process of obtaining visa/entry documents provide practical and efficient protection? Choose an item.
If ‘No’, please elaborate:
C) Should the authorities have known or ought to have known that the victim did not have the right to enter? Choose an item.
If ‘Yes’, please explain as to why:
D) Were any other authorities ever aware of the victim’s irregular immigration status, and if so, please elaborate:
Were carriers somehow complicit in the trafficking or facilitated the trafficking? If so, please explain:
Did the victim ever try to leave the State, and if so, did the authorities follow the proper exit procedures?
Choose an item.
Questions relating to Article 10 on Identification of the Victim:
Please tick where applicable, the relevant ‘competent authorities’ the victim came in contact with:
* The Police * Immigration Authorities * Labour Inspectorate
* Customs * Embassy/Consulate * Others
If ‘Others’ please specify:
What indicators were present when the ‘competent authorities’ had contact with the victim? See list in UN.GIFT indicators:
Were the ‘competent authorities’ trained or at all aware of human trafficking issues?
Did the competent authorities know, or ought they to have known, that (s)he was in real risk of becoming a victim of human trafficking? Choose an item.
If, ‘Yes’, please specify the actions (if any) taken by the competent authorities:
Address how was the victim treated during the interviews that took place during the victim-identification process:
Was the victim shielded from all adverse action such as e.g. removal, prosecution during the identification process? If not, please specify the actions in question:
Was there a dispute over the victim’s age? Choose an item.
If ‘No’ please go toQuestions relating to Article 11 on Protection of Private Life
Which authority was responsible for the age assessment?
Could the decision from the age assessment be challenged? Choose an item.
If ‘Yes’, then how could the assessment be challenged?
How was the victim treated during the age assessment?
Was a guardian provided for during the age assessment? Choose an item.Questions relating to Article 11 on the Protection of Private Life:
Is any of the victim’s data stored with the authorities? / Choose an item.
If ‘No’ please go toQuestions relating to Article 12 on Assistance to Victims
Did the authorities inform the victim of the stored data? / Choose an item.
Has the victim given consent to the data being stored? / Choose an item.
If ‘No’, has (s)he been informed that s(he) could contest storage of the relevant data? / Choose an item.
Has the victim provided all of the relevant data? / Choose an item.
Has the victim been given access to the relevant data? / Choose an item.
Does (s)he have opportunity to revise the data? / Choose an item.
Can (s)he request for the data not to be processed or stored? / Choose an item.
Questions relating to Article 12 on Assistance to Victims:
Was the victim informed about her/his right to access assistance? / Choose an item.
Was the victim provided with the following: / Choose an item.
*Appropriate and secure accommodation (Art. 12(1)(a))? / Choose an item.
If other, please describe anything significant provided or not provided:
*Psychological and material assistance (Art. 12(1)(a))?
Choose an item.
If other, please describe anything significant provided or not provided:
*Emergency medical treatment (Art. 12(1)(b))? / Choose an item.*Translation and interpretation services (Art. 12(1)(c)) / Choose an item.
*Counselling and information (Art. 12(1)(d))? / Choose an item.
*Assistance in criminal proceedings? (Art. 12(1)(e))? / Choose an item.
*If victim is a child, then, access to education (Art. 12(1)(f))? / Choose an item.
Was an assessment of the victim’s safety and protection needs made? / Choose an item.
Please explain what support the victim was given, how it was provided (e.g. by the State, a charity) and how the safety and protection needs assessment was carried out, if it was:
What conditions were placed on the victim for accessing assistance generally?
Does the victim have access to the following:* The educational system? / Choose an item.
* Vocational training? / Choose an item.
* The labour market? / Choose an item.
Have NGOs been involved in providing support? / Choose an item.
If ‘Yes’, how were they were they contacted, what level of support are they providing and where does the funding for the mentioned support come from?
Was assistance provided for on a consensual basis? / Choose an item.Questions relating to Article 13 on Recovery and Reflection Period:
Was the victim informed of the right to a recovery and reflection period? / Choose an item.
Did the victim get the minimum 30 days provided for recovery and reflection? / Choose an item.
If ‘No’, please go toQuestions relating to Article 14 on Residence Permit
What support did the victim get?
What interaction did the victim have with the authorities during that period?
Was (s)he under any pressure during that period?
Where was (s)he accommodated?
What efforts if any were made to allow the victim to take informed decision on whether to cooperate with the authorities?
Questions relating to Article 14 on Residence Permit:
Does the victim have a right to stay in the country or to apply to stay in the country?
Choose an item.
Is the victim aware of her/his right to apply to stay in the country, if such a right exists? / Choose an item.Is the victim aware of her/his immigration status in the country? / Choose an item.
Did the victim apply to stay on basis of being trafficked or otherwise? / Choose an item.
If ‘No’, go toQuestions relating to Art 15 on Compensation and Legal Redress
Did (s)he get permission to stay? / Choose an item.
How was her/his case examined?
What evidence did (s)he need to present?
Can the victim appeal a negative decision? / Choose an item.If ‘Yes’, did (s)he appeal a negative stay decision? / Choose an item.
What assistance did (s)he get in making the application? Who provided that assistance as well as paid for it (such as legal aid i.e.)?
How long did the process take? /How long is the permit valid for? /
Will the permit be renewed and if so, what is the process for the renewal?
What are the victim’s rights in terms of access to the labour market, training, education and social support whilst the permit is valid?
Are there differences between the treatment (s)he receives and the treatment a citizen of the State would receive in relation to any of the things mentioned in the above question (if (s)he is not a citizen)?
What level of cooperation, if any, is required for her/him to obtain the permit?
Did the victim apply for asylum or other forms of international protection, and if so, what happened (procedurally and the outcome)?
Questions relating to Art 15 on Compensation and Legal Redress:
Was the victim informed of right to seek compensation and possibilities for legal assistance?
Choose an item.
Did the (s)he seek to receive free legal aid and/or other assistance (such as interpreter)? Choose an item.
If ‘Yes’, please specify which assistance:
Did the victim try to get compensation? / Choose an item.If ‘No’, go toQuestions relating to Art 16 on Repatriation and Return of Victims
What was the procedure to seek compensation and how long did it last?
Was the application for compensation successful? / Choose an item.If ‘Yes’, how much money was awarded to the victim? /
Did the victim obtain the money awarded? / Choose an item.
If ‘Yes’, how long did it take between the award of compensation and receipt of the money to take place?
Questions relating to Art 16 on Repatriation and Return of Victims
Did the authorities attempt to repatriate the victim, or did the victim participate in a voluntary return?
Choose an item.
If ‘No’, please go toQuestions relating to Articles 18-25
Was the victim a citizen of a State Party to the Trafficking Convention? / Choose an item.Was a risk assessment carried out? / Choose an item.
If ‘Yes’, did the assessment take into account relevant vulnerabilities? / Choose an item.
Was there communication with the authorities or NGOs/IGOs in the receiving State and what preparations were made in the receiving country, please describe:
Was the victim forced to return or threatened with force? / Choose an item.If ‘Yes’, did the victim appeal a return decision, if so, describe what was the process and how was the claim assessed? Please also discuss whether human rights arguments were made and, if so, how the authorities dealt with them:
What form of transportation was used if the victim was returned?
Explain what attempts were made to secure the victim’s voluntary departure, if any:
Please address whether the victim was provided with assistance upon return or whether such was offered to the victim:
Was (s)he given contact details of bodies who could help on return? / Choose an item.If victim is a child, was (s)he accompanied? Choose an item.
If the victim had children with, how did the authorities propose to deal with that situation?
Was the victim detained or threatened with detention? Choose an item.
If either above is ‘Yes’, please describe the situations:
Questions relating to Articles 18-25
Was an investigation carried out into the trafficking? / Choose an item.If ‘No’, then interviewer does not need to fill in further answers on this form
Discuss the role (if any) the victim was asked to play and the role (s)he did play. Was the victim required to cooperate? If so, how?
Describe, where applicable, what decisions were taken in relation to the following categories. Address the reasons given for actions, whether the victim agreed with the actions and/or decisions, and mentioned what kind of pressure (if any) was used in order to secure the victim’s agreement:
I) decision to commence or continue an investigation
II) decision to discontinue an investigation
III) decision to initiate a prosecution
IV) decision to continue a prosecution
V) decision not to commence or to discontinue a prosecution
Questions relating to Article 26 on Non-Punishment Provision:
Was the victim threatened with prosecution? / Choose an item.If ‘Yes’, please answer the following:
What was the accusation?
Did the victim receive legal assistance? / Choose an item.Describe the defences the victim was able to put forward:
Was (s)he prosecuted and/or convicted? Choose an item.
If applicable, discuss what was the legal basis for the prosecution/conviction:
Were the traffickers investigated/prosecuted/convicted? Please reveal also whether, if the victim was also prosecuted/convicted, the cases were somehow connected:
Questions relating to Article 27 on Ex Parte and Ex Officio Applications
Was the victim required to make a formal accusation to begin the criminal process? / Choose an item.What was required of the victim in the course of an investigation?
What, if any, pressure is brought to bear on victims to secure their cooperation?
Did the trafficking occur in another State? / Choose an item.If ‘Yes’, was the victim able to make a complaint to the authorities in this State? / Choose an item.
Was there any co-operation between the criminal investigation and prosecution authorities to ensure investigation and prosecution? Choose an item.
Did the fact the crime occurred abroad hinder investigation and prosecution?
Discuss the assistance, if any, the victim received in the course of criminal proceedings and who was the body providing that assistance:
Was the victim made aware by authorities about the assistance (s)he could obtain from State institutions and NGOs? Choose an item.
If the victim has left the State, what arrangements, if any, were made to ensure that the investigation/prosecution could still go forward?
Art. 28: Protection of victims, witnesses and collaborators with the judicial authorities:
Did the victim participate in the investigation and/or prosecution? / Choose an item.Did the victim require protection? / Choose an item.
Were family members or others (i.e. other witnesses) in need of protection? / Choose an item.
Did NGOs or others working with the victim need protection? / Choose an item.
If answers to the four above questions are negative, go to questions on Art. 30
Was the victim offered protection and if so, what kind?
Identify who took the decision on whether to provide protection, or not to. Furthermore, discuss whether the decision was challenged, and if so, how it was challenged and whether the challenge was successful:
If family members and/or others were in need of protection, were they offered it? / Choose an item.If ‘Yes’, what did that protection consist of?
If NGOs or others working with the victim needed protection, were they offered it? / Choose an item.If ‘Yes’, what did that protection consist of?