Information for Victim-Witnesses
Page Contents
- Rights and Entitlements for Cooperating in Investigations and Prosecutions
- What services are available to trafficking victims?
- What does participation in an investigation or prosecution involve?
- What rights do trafficking victims have in relation to legal proceedings?
- Who assists and protects victim-witnesses?
Information for Victim-Witnesses
Practitioners should share this information with trafficking victims who are considering cooperating in trafficking investigations and prosecutions.
Click here to download the information on this page as a printable handout.
Rights and Entitlements for those Cooperating in Trafficking Investigations and Prosecutions
Trafficking in persons can happen to anyone. The law in Costa Rica protects victims of trafficking, providing them with rights and entitlements. This includes different forms of assistance to help them recover and move on with their lives.
Some trafficking victims may be asked by prosecutors or law enforcement to participate in the investigation and/or prosecution of their traffickers. They may be asked:
to file a complaint
to provide a statement
to testify in court
This information is for trafficking victims who are deciding if they want to be involved in an investigation or prosecution of their traffickers. It includes answers to the following questions:
Who is a victim of trafficking?
What services are available to trafficking victims?
How do I access these services?
What does participation in an investigation or prosecution involve?
What should I know before deciding to cooperate in a trafficking investigation or prosecution?
What rights do I have as a trafficking victim in relation to legal proceedings?
What rights do I have if I decide to testify?
Who assists and protects victim-witnesses?
Who is a victim of trafficking?
A person may be a victim of trafficking in persons if they have been recruited, taken somewhere, kept somewhere, or offered things (like money, food or gifts) and then exploited to benefit someone else. This might be work that they are forced to do, sexual activities, or committing crimes such as selling drugs. Sometimes a trafficker threatens or harms a person to force them to do these things. In other cases, traffickers treat their victims with love and affection in order to trick or manipulate them.
Anyone can be a victim of trafficking. You may be a victim of trafficking even if the person exploiting you has not been arrested and even if they are one of your relatives or family members. Many victims of human trafficking do not realize they are victims.
What services are available to trafficking victims?
Trafficking victims in Costa Rica are entitled to different forms assistance, for themselves and their dependents. This assistance is available whether or not you decide to cooperate in a trafficking investigation or prosecution.
Services that you have a right to by law and that are free of charge include:
Who is a victim of trafficking?
What services are available to trafficking victims?
How do I access these services?
What does participation in an investigation or prosecution involve?
What should I know before deciding to cooperate in a trafficking investigation or prosecution?
What rights do I have as a trafficking victim in relation to legal proceedings?
What rights do I have if I decide to testify?
Who assists and protects victim-witnesses?
How do I access these services?
X
What does participation in an investigation or prosecution involve?
X
Step 1. Preliminary identification and immediate referral
The first step in trafficking victim protection is preliminary identification. An individual can be preliminarily identified as a possible trafficking victim by any practitioner or private citizen. Preliminary identification is based on signals and indicators from observing, interacting, and speaking with them. Anyone who is preliminarily identified as a trafficking victim should be immediately referred for protection and assistance.
All practitioners in Costa Rica have a duty to preliminarily identify trafficking victims and refer them for protection and assistance. This duty is established in law (Article 39 of Law 9095).
Article 39 - Law 9095
Any public official or private personnel who determines, based on their roles, that there are reasonable grounds to presume that a person is a trafficking victim, will immediately coordinate with members of the Immediate Response Team, the Public Prosecutor’s Office or through the 911 service, in accordance with the provisions of the regulations to this law and the approved protocols of the actions.
If you preliminary identify someone as a possible trafficking victim, you must immediately refer them for protection and assistance following your institution’s established protocol. If you do not have an institutional protocol you should still follow these steps:
Children and Adolescents
When you preliminarily identify a possible trafficking victim who is under age 18, you should immediately notify PANI so that they can provide protection and assistance. If you are not sure of someone’s age but think they are under age 18, they should be treated as a child until proven otherwise.
Regardless of whether or not they are trafficking victims, all vulnerable or abused children should be referred to PANI for assistance and to trigger a child protection response.
Use the Directory of Services to find contact information for PANI and other forms of assistance for child and adolescent trafficking victims and children and adolescents in need of help.
Adults
When you preliminarily identify a possible trafficking victim who is an adult (age 18 or older), you can, with their consent, contact the Immediate Response Team (ERI), an inter-institutional body that coordinates identification, protection and assistance for trafficking victims. Please see Step 3 for more information about the accreditation process.
ERI Contact Information
WhatsApp: +506 6303-7234
Email: eri@migracion.go.cr
Use the Directory of Services to find services for adult trafficking victims regardless of whether or not they are identified as a trafficking victim.
Possible trafficking victims may be in danger or in need of urgent assistance. The first priority is to ensure their immediate safety and well-being.
Step 2. Reporting the case
All practitioners in Costa Rica have a duty to report all possible trafficking victims and situations to the Deputy Public Prosecutor’s Office Against Trafficking in Persons and Smuggling of Migrants (FACTRA), Professional Migration Police (PPM), or the Judicial Investigation Agency (OIJ). This duty is established in law (Article 71 of Law 9095).
Article 71 - Law 9095
Public officials are compelled to report to the specialized police agencies or to the Public Prosecutor’s Office any situation that constitutes reasonable suspicion of trafficking in persons or smuggling of migrants. The same duty applies to members and representatives of institutions and organizations that make up the National Coalition.
Depending on urgency, the report may be submitted by telephone, in person, or by e-mail. Once the case has been reported, a prosecutor must initiate an investigation. However, trafficking victims are not legally required to report or lodge a complaint or to participate in the criminal justice process.
Deputy Public Prosecutor’s Office Against Trafficking in Persons and Smuggling of Migrants (FACTRA)
FACTRA Contact Information
Phone: 2295-3606
Email: fa_tratapersonas@poder-judicial.go.cr
Judicial Investigation Agency (OIJ)
OIJ Contact Information
Phone: 2256-5702 / 2256-5703
Email: oij_dsexuales@poder-judicial.go.cr
OIJ Confidential Information Center (CICO), 24/7
CICO Contact Information
Phone: 800-8000-645
WhatsApp: 8-8000-645
Email: cicoOIJ@poder-judicial.go.cr
Professional Immigration Police (PPM)
PPM Contact Information
Phone: 2106-4005 (investigations)
Phone: 2106-4001 (operations)
Phone: 2106-4002 (complaints)
Email: unidadinvestigacion@migracion.go.cr
Step 3. Formal identification and referral for protection and assistance
Accreditation is when someone is formally identified as a victim of trafficking. Accreditation is conducted by the Immediate Response Team (ERI), an inter-institutional body tasked with identification and coordination of protection, assistance and reintegration services.
ERI is an inter-institutional body, established by Law 9095. ERI is comprised of 9 Ministries and Institutions:
- Department of Social Security
- National Women’s Institute (INAMU)
- Ministry of Public Security Directorate-General of the National Police
- Ministry of Labor and Social Security
- Public Prosecutor’s Office: Office for the Assistance and Protection of Victims (OAPVD) and Deputy Public Prosecutor’s Office Against Trafficking in Persons and Smuggling of Migrants (FACTRA)
- Judicial Investigation Agency (OIJ)
- National Child Welfare Agency (PANI)
- Professional Immigration Police (PPM)
- Technical Secretariat of the National Coalition against the Smuggling of Migrants and Trafficking in Persons (CONATT TS)
If you are a public official, follow your relevant institutional protocol to preliminarily identify and refer possible trafficking victims for formal identification, protection and assistance. This typically involves contacting your institution’s “Comité Técnico Institucional” (CTI), which is responsible for supporting, advising, and coordinating the formal referral process to the Immediate Response Team (ERI) for accreditation and protection measures. In the case of children and adolescents, only PANI’s Comité Técnico Institucional (CTI), or a non-governmental organization (NGO) in coordination with PANI, is authorized to submit formal accreditation requests to ERI. If you do not have an institutional protocol you should contact PANI if the possible trafficking victim is under age 18 or ERI if the possible trafficking victim is an adult.
Children and Adolescents
PANI is responsible for referring possible child or adolescent trafficking victims for formal identification and for protection and assistance.
The PANI local office should:
- Immediately protect and assist the possible child or adolescent victim, regardless of accreditation status or process.
- Collect information about the possible child or adolescent trafficking victim from the referring individual, institution or organization.
- Prepare the formal accreditation request and submit to PANI Institutional Technical Committee (PANI CTI), which is responsible for coordinating accreditation requests with ERI
- Follow up on the accreditation decision and appeal as needed.
Adults
Contact ERI to refer a possible adult trafficking victim for accreditation. Possible adult victims should be informed about the option to be accredited and agree/consent to this referral.
ERI Contact Information
WhatsApp: +506 6303-7234
Email: eri@migracion.go.cr
Some individuals may not wish to be formally identified (“accredited”) as a trafficking victim, for example:
- they may not wish to go through the interview and accreditation process
- they may not wish to discuss their trafficking experience
- they may not see themselves as a trafficking victim
Nonetheless, all trafficking victims should be offered protection and assistance. Being unaccredited should not be a barrier to accessing or receiving services and support.
Different institutions and organization provide different services to support trafficking victims, whether identified or not. Use the Directory of Services to identify relevant services for the victims you encounter.
Private citizens can contact ERI directly if you suspect that someone you know or interact with may be a victim of trafficking.
When ERI does not accredit a trafficking victim, the decision may be appealed. Appeals must be be filed within three business days. The appeal can be filed by the trafficking victim or by an institution on behalf of the victim. To request an appeal you should reply to the email that you received with the decision or you can write to eri@migracion.go.cr.
ERI must confirm receipt of the appeal within ten days.
When an individual is not a trafficking victim, they may still be (and indeed often are) victim of another crime and/or violation and still have assistance needs. Use the Directory of Services to find services and support.
Every vulnerable or abused child and adolescent must be referred to PANI for protection and to address their needs and vulnerabilities.
Step 4. Protection and assistance
Trafficking victims have the right to be protected from further harm and to receive assistance and support according to Article 37 of Law 9095. Trafficking victims should receive the following forms of assistance:
If accredited as a trafficking victim...
ERI is responsible for coordinating protection and assistance for accredited trafficking victims through different institutions:
- PANI in the case of a child or adolescent
- INAMU in the case of women
If not accredited as a trafficking victim...
Unaccredited trafficking victims should be assisted, based on their individual needs. Different institutions and organization provide services for trafficking victims. Use this Directory of Services to identify services for victims you encounter. Being unaccredited should not be a barrier to receiving services.
This Directory of Services is a resource for practitioners in Costa Rica about where to find protection and assistance for trafficking victims and their families in Guanacaste, Puntarenas, and San José.
Step 5. Reintegration
Trafficking victims have the right to receive long-term and comprehensive reintegration services, as outlined in Article 37 of Law 9095 and described in Step 4 above.
If accredited as a trafficking victim...
ERI is responsible for coordinating reintegration assistance for accredited trafficking victims. Trafficking victims are entitled to reintegration services for up to three years, with the possibility of extension. Reintegration services are provided by different institutions, depending on individual needs.
In the case of child and adolescent victims and children of adult trafficking victims, special protection measures must remain in place for as long as necessary to guarantee their rights and well-being.
The reintegration of child and adolescent trafficking victims is managed by PANI in coordination with relevant institutions.
If not accredited as a trafficking victim...
Unaccredited trafficking victims should also benefit from long-term reintegration services. Assistance does not need to be trafficking-specific or linked to accreditation. Assistance and support may be available from various institutions and organizations, depending on situations and needs of the victim.
Do you know someone who may be a victim of trafficking?
Learn more about trafficking in persons on the Practitioner Platform
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