168. Furthermore, without any evidence to that effect presented by the Respondent State, it would be imprudent for the Commission to believe that the victim was a danger to herself and other residents at the Women's Shelter. It is also worth noting that on the 12th of October, the victim had spent the night at the shelter and the Respondent State does not seem to have registered any qualms with her conduct. The Commission also notes that the allegation of the victim's apprehension towards the Shelter falters when stood beside the testimony of one Commissioner Agas. The evidence of Commissioner Agas details that on the evening following her abrupt departure from the Shelter, the victim was found outside the Kenyan High Commission by the City of Windhoek Police. 102 It is unlikely that her fleeing had to do with her apprehension against the Shelter than her mere desire to visit the High Commission of her home country. Accordingly, the Commission takes the view that the Respondent State detained the Victim. . 169. . The Commission has previously stated that: State Parties are required to protect the dignity of victims at all times and ensure that victims are at the centre of the redress process. A victim-centred approach to redress requires an analysis and full understanding of the harm suffered and of the victims' wishes. It needs to ·reflect their experiences and realities, so that the provided redress is responsive to their needs. States should ensure that victims have ownership of the redress process, and relevant actors providing redress are expected to work with the victims, and not on tfze victims. Victims should be enabled to play active and participatory roles in the process of obtaining redress, without fear of stigma and reprisals. 103 170. Moreover, the UN Recommended Principles and Guidelines on Human Rights and Human Trafficking provide that: Trafficked persons shall not be detained, charged or prosecuted for the illegalihJ of their entry into or residence in countries of transit and destination, or for their involvement in unlawful activities to the extent t h--:z. t is a direct consequence of their situation as trafficked perso .., ·• 171. The Commission also draws inspiration system, particularly the Emope Convention 102 Respondent State Submissions, Annex 5, Sworn Statement of Commis 103 Genera l Conunent 4, Para 18, page 6 (2002) Principle 7 10800 IC1\ I Jssu<' Briel' 8 Ebook.pdf ) 104 hU s: www.unodc.or 42 I AT 19-

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