Detection and Formal identification are critical steps in addressing human trafficking. They refer to the process of recognising, assessing, and confirming whether a person is a victim of trafficking or at risk of exploitation.
Detection
Detection consists of recognising signs or indicators that give reasonable grounds to suspect that a person may be a victim of trafficking. However, the formal identification of a victim of trafficking falls exclusively within the competence of specialised units of the Spanish State Security Forces and Corps. Specialised organisations cooperate with the authorities and accompany the victim, but they cannot carry out this official identification.
Responsibility for detecting human trafficking is shared across multiple actors. There are many professionals who are in positions to meet people in hidden, vulnerable situations.
Detection can be carried out by a range of actors, including:
- Frontline professionals: These individuals are often the first to encounter potential victims. They might be health care professionals, educational professionals, social workers, law enforcement officers, border officials, educators or NGO staff.
- Specialised anti-trafficking organisations: Accredited organisations have the expertise to assess cases in depth and support victims throughout the whole process. Specialised civil society organisations, such as Fundación de Solidaridad Amaranta, play a fundamental role at this stage because they:
- Detect possible situations of trafficking.
- Carry out specialised assessments.
- Inform victims about their rights.
- Provide accommodation, protection, and specialised support.
- Accompany the person throughout the subsequent process.
- Government authorities - Authorities are responsible for establishing legal frameworks, coordinating procedures, granting official statuses and ensuring access to protection and services. For example, international protection bodies and labour inspectors who check workplace conditions can notice and report underpayment, unsafe conditions, forced labor indicators.
- The general public - Community members and individuals can also contribute by reporting suspicious situations or supporting awareness efforts.
In simple terms detection consists of recognising signs + suspecting exploitation + safely referring the case. Detection in practice consists of:
- Awareness of indicators
- Observation in real-life situations - every day contexts at workplace, at borders or during travel, in services and in housing or community settings.
- Initial assessment (not confirmation) - The person simply forms a reasonable suspicion based on indicators. They don't need to prove trafficking.
- Safe and appropriate response - This step is about knowing what to do next: avoid putting the person in danger, do not confront suspected traffickers and report or refer the case to authorities or specialised services.
- Referral to competent actors - A key part of detection is passing the information forward to: Police or law enforcement, social services or most preferably specialised anti-trafficking units or anti-trafficking NGOs. This allows formal identification to take place later.
The process should always be victim-centered, confidential, trauma-informed and non-discriminatory.
Formal identification
Formal identification is the process of evaluating these detected signs to determine whether a person is officially recognised as a victim. These processes are essential because victims are often hidden, may not self-identify, or may be unable to seek help due to fear, coercion, or lack of awareness. In Spain, specialised organisations can provide information, protection, accommodation, advice, and accompaniment, and support the person throughout the formal identification process.
The formal identification of a victim of trafficking falls exclusively within the competence of specialised units of the Spanish State Security Forces and Corps:
- The National Police, through its specialised anti-trafficking units.
- The Civil Guard, through its specialised teams. Specialised organisations cooperate with the authorities and accompany the victim, but they cannot carry out this official identification.
Preliminary identification is a first analysis of the indicators that may suggest that you are a victim of trafficking and/or severe exploitation, or you are at risk of becoming one. In Spain, the formal identification of a victim of trafficking is a specific procedure governed by national legislation and protocols.
Formal identification may only be carried out by specialised units of the Spanish State Security Forces and Corps, primarily:
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The National Police, through its specialised anti-trafficking units.
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The Civil Guard, through its specialised teams. Therefore, civil society organisations:
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Cannot carry out formal identification.
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Cannot officially recognise a person as a victim of trafficking.
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Can detect indicators of trafficking.
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Can prepare specialised assessments.
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Can accompany the victim throughout the procedure.
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Can cooperate with the State Security Forces and Corps by providing relevant information, while always respecting the victim’s wishes and safety.
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Can support the person throughout the formal identification process.
Questions and answers related to detection and formal identification
In Spain, it is important to distinguish between detecting possible trafficking and formally identifying a person as a victim of trafficking.
Many professionals and organisations can detect signs of trafficking, including specialised NGOs, social workers, healthcare professionals, labour inspectors, border officials and law enforcement officers.
However, formal identification can only be carried out by specialised units of the Spanish State Security Forces and Corps, primarily specialised units of the National Police and the Civil Guard and some regional police forces..
Specialised victim-support organisations can assess trafficking indicators, provide information and protection, and accompany you throughout the formal identification process. However, they cannot formally identify you as a victim.
No. In Spain, you do not need to file a criminal complaint against the alleged perpetrators in order to be formally identified as a victim of trafficking.
Spanish legislation clearly distinguishes between the formal identification procedure and the victim’s decision to file a criminal complaint. Formal identification must be based on indicators or reasonable grounds suggesting that the person may be a victim of trafficking. It is an independent process and cannot be made conditional on the victim reporting the perpetrators or cooperating in criminal proceedings.
However, formal identification in Spain is carried out by specialised units of the State Security Forces and Corps and some regional police forces. This means that the competent law enforcement authorities are involved in the identification procedure, but their involvement does not mean that you are required to file a criminal complaint.
A specialised victim-support organisation can explain the procedure, help assess possible indicators of trafficking, inform you about your rights and protection options, and accompany you throughout the formal identification process. Your wishes, rights and safety should be respected at every stage.
In Spain, an NGO cannot formally identify you as a victim of trafficking. Formal identification falls exclusively within the competence of specialised units of the Spanish State Security Forces and Corps and some regional police forces.
However, a specialised NGO can:
- Listen to you and help detect possible indicators of trafficking.
- Carry out a specialised assessment of your situation.
- Inform you about your rights and available protection options.
- Provide or help you access accommodation, protection and specialised support.
- Accompany you throughout the formal identification procedure.
- Cooperate with the competent authorities by providing relevant information, while respecting your wishes, rights and safety. You can therefore contact a specialised organisation for confidential guidance and individualised support, even though it cannot grant you official victim status.
Detection means recognising signs or indicators which suggest that a person may be a victim of trafficking or at risk of exploitation. Detection is an initial assessment based on reasonable concerns. It does not confirm that trafficking has occurred.
Detection can be carried out by specialised NGOs, social workers, healthcare and education professionals, law enforcement officers, labour inspectors, border officials and other frontline professionals. It should lead to a safe and appropriate response, such as offering support or referring the person to specialised services or competent authorities.
Formal identification is the official procedure used to determine whether a person is formally recognised as a victim of trafficking. In Spain, this procedure can only be carried out by specialised units of the National Police or the Civil Guard and some regional police forces.
A specialised civil society organisation can detect indicators, carry out a specialised assessment and support the person throughout the procedure, but it cannot make the official identification decision.
You have rights to assistance and protection even if you have not yet been formally identified.
Under EU law and the Council of Europe’s Warsaw Convention and Spanish legislation, support should begin when the competent authorities have reasonable grounds to believe that you may be a victim of trafficking. You should not have to wait for the final identification decision to receive essential assistance. This may include safe accommodation, material and psychological support, necessary medical treatment, information about your rights, interpretation, an assessment of your safety needs and referral to specialized services. Assistance must not be conditional on your willingness to cooperate in criminal proceedings.
During the identification process, you should not be removed from the country until the competent authorities have completed the procedure.
Because procedures and available services differ between countries and regions, a specialized victim-support organization, like Foundation Amaranta, can explain which rights apply in your concrete situation.