Challenges in Prosecuting Human Trafficking Cases: The Role of Expert Witness

Abstract

To be ranked at Tier 1 in the Trafficking in Persons (TIP) report, Section 108 of the Trafficking Victims Protection Reauthorization Act requires the state parties to comply with its minimum standards in combating human trafficking. Unfortunately, some states parties, including Malaysia failed to meet the minimum standards in curbing the monstrous crime fully. Their failure to be in Tier 1 is contributed by a few reasons, including the lack of success in prosecution. According to the United Nations Office on Drugs and Crime, the low number of convictions of traffickers is due to the absence of anti-legislation, lack of trained law enforcers and prosecutors and corruption among the stakeholders. In 2021, the U.S State Department has downgraded Malaysia's ranking in TIP report from Tier 2 to Tier 3. The main reason for the decline was that the government did not adequately address credible allegations from multiple sources alleging labour trafficking involving refugees, migrants, and domestic workers. To be in Tier 1, Malaysia should consider having expert testimony to secure convictions. Using qualitative research method, this paper examines the relevance of expert witness in human trafficking cases from Islamic, Malaysia and international perspectives. This paper further recommends its use in court to secure conviction against traffickers and protect the victims.