had the name of a victim on it, was submitted as evidence. The defendant was found guilty of organizing foreign travel for the purpose of prostitution, deceitful inducement to travel to
a foreign country, requiring a person to be used for forced labour, and placing a person in servitude as a pledge for debt owing.
In a sexual exploitation case, Muñoz Argentina,
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bracelets were found in the defendant’s house which denoted the number of clients each victim had serviced. The defendants were
found guilty of harbouring women for prostitution.
In Maycabalong Philippines,
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unused condoms, contraceptive pills, a vibrator, por- nographic materials and sex enhancing pills recovered from the possession of the victims
among other evidence helped to prove that they were being exploited in prostitution. The defendants were convicted of traficking in persons for prostitution and pornography. A
similar case is Kalpana Ranganath Galphade India,
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in which among the evidence submitted was a packet of condoms which was found under the pillow of a girl who had
been paid to engage in prostitution. This was used to prove that prostitution was carried on in the premises. The defendant was convicted of a range of prostitution and sexual
exploitation offences.
2.8.3 Banknotes and marked money
Banknotes and marked money are a particular form of important “real evidence” in traficking in persons cases, exposing money lows linked to the exploitation.
In Muñoz Argentina,
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a large sum of money was seized from the bar in which the alleged sexual exploitation had been taking place. The court held that such a large amount of money
could not be attributed to the drinks consumed at the premises, as argued by the defendants. Based on this and other evidence, the court convicted the defendants of harbouring women
for the purpose of sexual exploitation.
In Maycabalong Philippines,
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the police carried out an undercover operation to rescue alleged victims of sexual exploitation and to arrest two trafickers. The police dusted money
to be paid to the traficker with ultra-violet powder. One of the police oficers then acted as a customer and handed over the marked bills to the trafickers. Subsequent examination of
the hands of the trafickers showed traces of the powder, which proved that the marked money had been received by them. “Real evidence” in this case included the original marked
money and photocopies of it. The trafickers were convicted of traficking in persons
for prostitution and pornography. Similar evidence was submitted in other cases from the Philippines, such as Sanchez
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and Hirang y Rodriguez.
177
171
See Index of all cases.
172
People of the Philippines v. Jackie Maycabalong, Criminal Case No. BBU-86397, Regional Trial Court, 7th Judicial Region, Branch 17, Cebu City, 30 July 2012, the Philippines. The case is also available in the UNODC
Human Traficking Case Law Database UNODC Case No. PHL038.
173
See Index of all cases.
174
See Index of all cases.
175
See Index of all cases.
176
See Index of all cases.
177
See Index of all cases.
2.8.4 Biological tracesbiological evidence
Biological traces are samples of traces from human bodies collected for the purpose of investigation. They may be collected from the scene of crime, from a deceased person’s body,
from surviving victims and from suspects. DNA can be extracted from any of the samples and used for comparative analysis. Biological traces, investigated by forensic scientists come
from bloodstains, saliva samples and, for example, from cigarette butts or chewing gum, semen, excretions and tissue samples, such as from skin, nails, teeth, bone or hair. Samples
are processed to isolate the DNA and to establish the origin of the samples.
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As in many crimes, they may prove important in cases of traficking and allied crimes
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and in particular when the purpose is sexual exploitation.
An example is Maurice Richter Germany,
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in which the defendant was convicted of rape and traficking on the basis of victims’ testimony and biological traces, his DNA being
found on one of the rape victims. An example of other biological evidence sometimes used in traficking cases is physical
examinations of persons in order to ascertain if they are minors. This kind of evidence has been used in Thailand when victims asserted they were adults but looked like minors and
for example in Sarawan and Kongsamre Thailand.
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In this case 20 victims of traf- icking were rescued, who all had genuine passports from a neighbouring country identifying
that they were above 18. Ten were sent to undergo biological testing to ind out their real ages and it was discovered that one was under 15 years of age while the others were over
15 but under 18 years of age. The defendants were convicted of traficking in persons com- mitted by an organized criminal group and other charges.
2.8.5 Traces of objects
Sometimes traces of objects may prove useful in proving a case. For example, traces of drugs may contribute to prove that victims were drugged; traces of gunpowder may con-
tribute to prove victims were threatened with guns.
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As seen in a previous subsection addressing banknotes and marked money, traces of ultraviolet powder on the hands of
trafickers paid in marked money, were part of the evidentiary foundation of a case from the Philippines.
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2.8.6 Witness demeanour and appearance
Witness demeanour is a species of “real evidence”, as it allows the court to view the witness’ appearance and behaviour irst hand and form an impression, without regard to the content
of the story he or she is telling. In this way, it differs from testimonial and documentary
178
See http:deinitions.uslegal.combbiological-traces.
179
See UNODC Anti-human traficking for criminal justice practitioners, module 7: Crime Scene and physical evidence examinations in traficking in persons investigations,2009, pp. 4-7, available at http:www.unodc.org
documentshuman-trafickingTIP_module7_Ebook.pdf.
180
District High Court Berlin, 539 Kls 3114 255 Js 56814, 11 March 2015.
181
Criminal Court, Sentence delivered on 2012-10-08. The case is available in the UNODC Human Traficking Case Law Database Case No. THA010. Additional information on the biological testing was supplied by a
Thai expert.
182
See also UNODC Anti-human traficking for criminal justice practitioners, module 7, previously cited, p. 7 referring to micro-traces of ibre, paint, glass, soil, seeds, fragments of metal.
183
Maycabalong Philippines; see Index of all cases.
