Why don’t trafficked people in Denmark simply go to the police?

Victims of human trafficking, by their status as victims of crime and victims of human rights violations, have the right to access justice and effective remedies for any harm committed against them. These rights must be guaranteed, in a gender- and age-sensitive manner, to all victims of trafficking irrespective of their immigration status or presence on the national territory, and regardless they can or are willing to cooperate in any criminal investigation.

That sounds fair, but in reality, trafficked persons are pressured by their traffickers to earn money. Many aspects of their lives here in Denmark are controlled by the trafficking network, ranging from the type of work they are forced to do, housing arrangements and the people they are forced to be with. As a result, trafficked people in Denmark are coerced into activities that can be criminalized, such as working without a work permit, prostitution or drug dealing.

This type of coercion is called forced crime. Many presumed victims are criminalized and jailed until they can be identified as trafficked. Therefore, many people do not go to the police.

Different factors prevent trafficked people from asking for help from the police. Worried about being imprisoned, they’d often rather avoid the police. Fears around punishment and revenge from the trafficking network also come into play. Even if the police could protect the person coming forth, the traffickers might hurt their families back home.

The relationship between a trafficked person and their trafficker is not simply black and white to further complicate things. The traffickers have some responsibility for the well-being of the trafficked person. They are often bound together by a spiritual oath (ju-ju). ⬅️ HopeNow has contributed to this publication.

Deep trauma makes it difficult for a person to tell their story, especially to an authority such as the police. In addition, people are often not fully aware of how exploited they are. Shame is another powerful silencer. Besides trauma, there are many challenges trafficked people face with the law enforcement

Few trained staff specializing in human trafficking

There are specialised law enforcement staff for combating human trafficking within the police. The cooperation group comprises the Police Immigration Centre and the National Investigation Centre of the National Police (NEC). However, it remains a resource challenge for the Danish authorities to ensure that all relevant professional groups are regularly and systematically trained on trafficking issues.

Limited protection of victims and witnesses
Hopenow supports victims during criminal proceedings and their family members.

Trafficked people can be placed in safe houses by the Center Against Trafficking. Some of the safeguards are related to court hearings. For example, the court can decide (not always) that the perpetrator is not present in court, while a witness testifies. The police may also transport a witness to and from the court to provide protection. However, that’s not enough protection. Violence and intimidation of victims and witnesses nearly always aim to suppress evidence against defendants.

It is difficult to prosecute traffickers because charges rely on victims’ testimony. Victims going to the police will frequently result in deportation back home. In Denmark, trafficked persons will not be given a residence permit even if they are trafficked.

No residence permit for trafficked people

Victims cannot get a residence permit in Denmark. Thus, trafficked persons have little incentive to come forth to accept assistance and cooperate with criminal proceedings. Since most victims are returned to their countries of origin, trafficked persons who fear such a return and face retaliation from traffickers, are reluctant to come forth to the police.

Limited time in recovery and reflection period to testify

The trafficked persons have little incentive to testify, as they are expected to leave Denmark at the expiry of the recovery and reflection period. Access to a temporary residence permit is very limited. In particular, trafficked women in sex work or forced prostitution often lack incentives to accept the support the authorities can offer. They may have no real choice but to re-engage in prostitution to earn money to pay off debts to traffickers or send it to their families. Such victims often face risks of re-trafficking or threats to their lives if they return to their countries of origin. They know that neither the Danish authorities nor the authorities in their home countries can protect them against retaliation by traffickers should they testify.

Limited time to participate in court proceedings

The limited time that trafficked persons are allowed to remain in Denmark prevents them from participating in criminal proceedings. All formally identified victims are granted an unconditional reflection period of 30 days. If the victim cooperates with the authorities on a prepared return to the country of origin, the reflection period is extended to 120 days. Complicated cases can take more than 120 days to be resolved. There are still too few measures taken to protect victims and witnesses against retaliation by traffickers, especially during court proceedings and upon the return of the victims to their countries of origin. Furthermore, the victims and traffickers may be cross-examined together in the same room, further scaring victims into silence.

No victims of trafficking or witness have ever entered the Danish witness protection programme

As mentioned, victims are only offered very few witness protection measures if they are willing to testify against their traffickers. Victims and witnesses are not protected enough. A trafficked person may receive financial help in their country of origin. Still, witnesses do not get assistance changing their identity, including a new name, address and, in some cases, a new appearance. The witness is not assisted in starting a new life in another country to complete the identity change. Furthermore, the witness must be willing to give up contact with family and friends and give up employment or education. Even if witnesses said yes to giving up their lives to help a victim of trafficking, the help would not be long-term. Thus, there have been no cases in Denmark where victims or witnesses were included in the Danish witness protection programme.