CETS 197 – Trafficking in Human Beings, 16.V.2005
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b
To ensure the integrity and security of travel or identity documents issued by or on behalf
of the Party and to prevent their unlawful creation and issuance.
Article 9 – Legitimacy and validity of documents
At the request of another Party, a Party shall, in accordance with its internal law, verify within
a reasonable time the legitimacy and validity of travel or identity documents issued or
purported to have been issued in its name and suspected of being used for trafficking in
human beings.
Chapter III –
Measures to protect and promote the rights of victims, guaranteeing gender
equality
Article 10 – Identification of the victims
1
Each Party shall provide its competent authorities with persons who are trained and qualified
in preventing and combating trafficking in human beings, in identifying and helping victims,
including children, and shall ensure that the different authorities collaborate with each other as
well as with relevant support organisations, so that victims can be identified in a procedure
duly taking into account the special situation of women and child victims and, in appropriate
cases, issued with residence permits under the conditions provided for in Article 14 of the
present Convention.
2
Each Party shall adopt such legislative or other measures as may be necessary to identify
victims as appropriate in collaboration with other Parties and relevant support organisations.
Each Party shall ensure that, if the competent authorities have reasonable grounds to believe
that a person has been victim of trafficking in human beings, that person shall not be removed
from its territory until the identification process as victim of an offence provided for in Article
18 of this Convention has been completed by the competent authorities and shall likewise
ensure that that person receives the assistance provided for in Article 12, paragraphs 1 and 2.
3
When the age of the victim is uncertain and there are reasons to believe that the victim is a
child, he or she shall be presumed to be a child and shall be accorded special protection
measures pending verification of his/her age.
4
As soon as an unaccompanied child is identified as a victim, each Party shall:
a
provide for representation of the child by a legal guardian, organisation or authority which
shall act in the best interests of that child;
b
take the necessary steps to establish his/her identity and nationality;
c
make every effort to locate his/her family when this is in the best interests of the child.
Article 11 – Protection of private life
1
Each Party shall protect the private life and identity of victims. Personal data regarding them
shall be stored and used in conformity with the conditions provided for by the Convention for
the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS
No. 108).
2
Each Party shall adopt measures to ensure, in particular, that the identity, or details allowing
the identification, of a child victim of trafficking are not made publicly known, through the
media or by any other means, except, in exceptional circumstances, in order to facilitate the
tracing of family members or otherwise secure the well-being and protection of the child.
5