Second Annual Report of the National Institution for Human Rights (NIHR) 2014 - Kingdom of Bahrain centers, nursing homes, or shelters. It also provides for the victim’s right to bring his case before the courts, and allows the victim of the crime of trafficking in Persons to stay in the Kingdom - if foreign – provided that his legal conditions are adjusted. 17. However, there are deficient aspects in the Law, which is incommensurate with a law that deals with a particular crime and is assumed to be conclusive and able to fight the crime in an integrated manner. The Law does not include the definitions of the terms stated therein in order to disambiguate the terms, for example; “sexual exploitation practices, practices similar to slavery, and criminal groups”, as the case in other Arab laws76. The importance of clarifying these terms lies in assisting the investigation bodies (the public prosecution or the competent court) to properly classify the case in accordance with the law. The lack of a clear identification of these forms lead to minimizing the crime through conferring a less dangerous legal description. The crime of trafficking in Persons takes several forms that overlap with other crimes that are less dangerous such as begging, breach of work organization laws, and other crimes set out in the Penal Code, such as assaulting the integrity of the body and the crime against chastity. 18. In addition, the Law, in demonstrating the cases of aggravated punishment for the crime of trafficking in Persons by a criminal group, does not explain the concept of this group, the number of the members of this group, whether it conducts its criminal activity within the territorial borders of the Kingdom or abroad, and the means of practicing its activities, such as management of commercial activity to hide the crime, or management of websites. Moreover, in enumerating the cases of aggravated punishment, the Law does not state the case in which the victim is the spouse of the offender, a child, or a person with disability. 19. The crime of trafficking in Persons is a trans-national crime that covers the source countries, transit countries, and countries of final destination. However, the Law does not refer to the territorial scope of the application of its provisions, for instance in the case of a crime committed in more than one state; if it is committed in one country but was planned, set up, guided and supervised in another state; if it is committed in one country through an organized criminal group that is engaged in criminal activities in more than one state criminal group; or if it is committed in one country but its implications extend to other countries77. 20. In addition, the Law does not independently address the mandate or jurisdiction for its application, taking the circumstances surrounding the crime into account, such as committing the crime by an organized criminal group that operates in more than one country, including the Kingdom of Bahrain; the crime committed abroad and having results in the Kingdom; citizens who were victimized abroad; or if the perpetrator was found in the territory of the country after committing the crime in another country78. 21. In the field of protection of the victims of the crime of trafficking in Persons, the Law does not indicate the need to provide protection and ensure complete confidentiality for the victims of the crimes of trafficking in Persons, whether at the stage of investigation or trial. The Law also considers the crime of trafficking in Persons a felony punishable by imprisonment, but it does not refer to the attempted crime of trafficking; the punishment of the accomplice in the crime; and the person knowingly benefiting from services or benefits through the victim of 76 Jordanian Law No. 9 of 2009 on the Prevention of Trafficking in Persons and the Egyptian Law No. 64 of 2010 on Combating Trafficking in Persons. 77 UAE Federal Anti Human Trafficking Law No. 51 of 2006. 78 Egypt Anti Human Trafficking Law No. 64 of 2010. 69

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