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Human Trafficking, Drug Trafficking, and the Death Penalty

Gerry, Felicity and Sherwill, Narelle (2016). Human Trafficking, Drug Trafficking, and the Death Penalty. Indonesia Law Review,6(3):265-282.

Document type: Journal Article
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Title Human Trafficking, Drug Trafficking, and the Death Penalty
Author Gerry, Felicity
Sherwill, Narelle
Journal Name Indonesia Law Review
Publication Date 2016
Volume Number 6
Issue Number 3
ISSN 2088-8430   (check CDU catalogue open catalogue search in new window)
eISSN 2356-2129
Start Page 265
End Page 282
Total Pages 18
Place of Publication Indonesia
Publisher Universitas Indonesia * Fakultas Hukum,Indonesia University, Faculty of Law
Field of Research 390106 Criminal Law
Abstract Both Australia and Indonesia have made commitments to combatting human trafficking. Through the experience of Mary Jane Veloso it can be seen that it is most often the vulnerable ‘mule’ that is apprehended by law enforcement and not the powerful leaders of crime syndicates. It is unacceptable that those vulnerable individuals may face execution for acts committed under threat of force, coercion, fraud, deception or abuse of power. For this reason it is vital that a system of victim identification is developed, including better training for law enforcement, legal representatives and members of the judiciary. This paper builds on submissions by authors for Australian Parliamentary Inquiry into Human Trafficking, and focusses on issues arising in the complex cross section of human trafficking, drug trafficking, and the death penalty with particular attention on identifying victims and effective reporting mechanisms in both Australia and Indonesia. It concludes that, in the context of human trafficking both countries could make three main improvements to law and policy, among others, 1) enactment of laws that create clear mandatory protection for human trafficking victims; 2) enactment of criminal laws that provides complete defence for victim of human trafficking; 3) enactment of corporate reporting mechanisms. Systemic protection and support is not sufficiently available without clear legislative protection as this paper suggests together with standardised referral mechanisms and effective financial reporting mechanisms. The implementation can be achieved through collaborative responses and inter-agency coordination with data collection and properly trained specialists
Keywords Human trafficking
Drug trafficking
Death penalty
Victims protection
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Additional Notes This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
Description for Link Link to CC Attribution 4.0 License

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