Testimonial evidence

  • that victims were trafficked, subjected to forced labour, recruited in armed forces while being 15 years of age or younger; including details as to the means by which they were trafficked, recruited, subjected to forced labour, or the location of the sites where they were located (e.g., what their working and living conditions were, how they were being treated, or the conjuncture of their ‘recruitment’);
  • that a senior official (or officials) of the corporation committed the crime through an action or omission;
  • that the corporation maintained close relationships with military or paramilitary groups or other individuals or companies who were recruiting children under the age of 15 to join the armed forces or were subjecting individuals to forced labour (and the corporation knew or should have known that this was the case);
  • that a member of said groups trafficked or subjected the victim(s) to forced labour, or recruited children under the age of 15 to join the armed forces/groups;
  • that a corporation was providing material support to the said groups;
  • that a corporation knew or should have known about the existence of endangering conditions to persons’ liberty, dignity and lives (to whom it owed a duty of care); or
  • that a corporation has not met its (domestic) obligations to conduct due diligence and assess if human trafficking or forced labour is taking place in its supply chains or business ventures

Documentary evidence

  • autopsy reports showing physical injuries of victim(s) sustained while being trafficked and/or exploited;
  • checks and/or receipt of salary payments (or absence of it);
  • tax reports from tax authorities declaring the employee/employers taxes paid by corporations;
  • audit reports listing the transactions of the corporation and recipients of said transactions;
  • list of the board of directors (from parent and subsidiary companies) and the shared capital, shareholders of the parent and subsidiary companies;
  • newspapers, public statements, or announcements reporting the commission of international crimes by military or paramilitary groups, missing children or trafficking-victim(s);
  • statements / press releases of the company;
  • internal incriminating documents of the corporation i.e., board minutes, emails, signed letters, official logbooks, or diaries;
  • reports of experts drafted after an inspection of premises, an assessment of the risks present, reports explaining the project / operations of the corporation etc.;
  • human resources reports describing the employees’ status, wages, working and living conditions etc.;
  • corporate policies, or codes of conduct;
  • written contracts (e.g., concession agreements, contracts for the supply of products or services with local paramilitary forces, suppliers and contractors); or
  • regulations, laws, decrees, official statements issued by governments

Physical evidence

  • coroner reports;
  • vehicles, means of transportation used for the trafficking of victims;
  • other forensic evidence demonstrating time, location where victims were kept etc.; or
  • confiscated passports.

Digital evidence

  • video or photographic evidence depicting physical signs of harm (e.g., those published on social media, or in local news reports);
  • video or photographic evidence depicting the working and living conditions of the victim(s);
  • recordings, videos, or photos depicting a corporations’ officials meeting with high commanders of the military or paramilitary groups; or with their suppliers, contractors etc.; or
  • (open and closed source) photos, videos, or 3D simulations depicting the projects under construction or the business operations of the corporation.