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Människohandel och sexuell exploatering
Serbian NGO experiance23–24 mars 2015
Nationell konferens på Clarion Hotel Stockholm
ASTRA-Anti trafficking action
1. Prevention and Education
2. SOS Hotline and Direct Victim Assistance
3. Networking
4. Research and Reporting
Chronology and social context
90s – Milosevic, wars, sanctions etc. 2000 – First democratic elections 2003 – Assassination of prime minister
Đinđić, state of emergency, article 111b
2004 – West wing parties government 2006 – New law on THB, new law on
NGOs 2012 – Serbia candidate coutnry for EU
Results
National anti trafficking team National anti trafficking coordinator First AT strategy and NPA Police AT units Center for victims Specialisation of prosecutors
Legal THB framework in the Republic of Serbia
UN Convention against Transnational Organized Crime and Protocol to Prevent, Supers and Punish Trafficking in Humane Beings, Especially Women and Children (2000)
Council of Europe’s Convention on Action against Trafficking in Human Beings (2005)
UN Optional Protocol on the Sale of Children, Child prostitution and Child Pornography (2002)
Articles 388, 389 and 350 of the Criminal Code of RS Special Protocol on acting of the judicial bodies in protection
of victims of human trafficking - Ministry of Justice of RS (2012).
■ March 2002 – December 2014 - 22897 calls from 3874 clients
■ Identified trafficked persons - 460
■ Identified trafficked children - 164
Trafficked Persons in Serbia
36%
64%
Age of identified victims of human trafficking March 2002 - Decembar 2014
ChildrenAdults
15%
85%
Gender of identified victims of human trafficking March 2002 - December 2014
Male
Female
79%
3%3%5%2%3%5%
Citizenship of victims of human trafficking
March 2002 - December 2014
SerbiaBosniaUkraineMoldovaBulgariaRomaniaOther
55%
11%
5%5%
5%5%2%12%
Destination of victims of human trafficking March 2002 - December 2014
SerbiaItalyGermanyRussiaAzerbaijanBosniaCroatia Other
Increased No. of Serbian citizens (72.16%), Internal THB (49.58%). Mostly women (85%) and children (36%, avr.13 years old) From urban settlements (56%) With less than secondary school (63%) and With previous experience of violence (51%) Trafficked for the purpose sexual exploitation (67.03%) Increased number of labour exploitation cases Other forms of exploitation registered here are labor exploitation, forced
marriage, committing criminal acts and forced begging. Victims are mostly recruited through job adds and by their parents and relatives
(20%), lover boys (25%), friends (10%) and acquaintances (35%) and employers (10%).
Recruitment through the use of modern technologies (Internet and SMS) New destinations (ex. Soviet Union, Midle Eeast etc.) Victims are transferred from public bars and clubs to private apartments and
members-only clubs, thus becoming less visible No severe physical violence but psychological
Trends
Challenges No new strategy No new NPA No emergency shelter and programs for victims (children as well). Mechanisms, Procedures and minimum of standards for
identification and referral of victims’ Identification of potential victims of THB – grey areas of THB No compensation for victims No state budget for AT activities No mechanism and programs for victims of labour exploitation No cases before the court for organized crime
Rights Monitored
Protection of privacy of victims (article 6 Palermo Protocol and Article 11 CoE THB)
Assistance to victims – counselling and information (article 6 Palermo Protocol and Article 12 and 15 CoE THB)
Security and protection of victims (article 6 Palermo Protocol and Article 12 and 15 CoE THB)
Compensation of damages (article 6 Palermo Protocol and Article 11 CoE THB)
General information on trial monitoring and verdicts analyzed
November 2013 - October 2014 A total of 19 court procedures (18 criminal and 1 civil for
compensation) The researchers attended 40 trials in all 32 court judgements in criminal proceedings Total of 42 defendants and 39 injured persons The maximum duration of a court process was 3.5 years, the
average being 1 year.
Reason for cancellation of hearing
50%
20%
20%
10%
Absence of the in-jured party
Absence of defence attorney
Absence of the accused
Other
Hearing of the injured party
55%
36%9%
testifying before the accused
testifying in absence of the accused
testifying via video link
Decision on appeal
63%
13%
25%First instance decision con-firmed
Appeal taken into consider-ation and returned to first instance court
Appeal taken into account and verdict altered
Length of penalty
5%
29%
42%
24%No penalty - ac-quittedUp to 2 years 3 - 5 yearsMore than 5 years
Mitigating circumstances
20%
10%
16%
12%
8%
5%
7%
6%
16%
Children
Age
No criminal record
Poverty
Health status
Unemployment
Behaviour in the procedure
Partial confession
Other
Aggravating circumstances
75%
25%
History of past convictions Gravity of committed of-fence
Balkans Act Now-BANwith support of the European Commission through IPA CSF Framework
Partnership Agreement
Partners and associates
Bosnia Croatia Macedonia Montenegro Serbia France The Netherlands
Results
Compensation for victims Monitoring tool Mobil application
COMPENSATION
Working group (Judges, prosecutors, lawyers, academics, NGOs)
Obligatory Compensation in criminal procedure Law on Compensation fund (Ministry of Justice)
Monitoring tool Situation in global AT community - Assessments and estimations are
based on different methodologies Monitoring Tool relies on obligations placed on signatory
governments in contemporary international instruments in this area The idea is to create comprehensive and detailed indicators (200)
that would enable monitoring – occasional or continuous – of national anti-trafficking policies, with emphasis on the policies aimed at the protection of victims.
It can be applied both in the countries of origin and countries of destination
CSO partners are enabled to conduct high quality monitoring of justice sector, legislative and executive branches of government
Pilot monitoring related to the topic of compensation to the victims of trafficking was preformed in 4 countries
BAN Mobil application
Informative and educative Target group 16 to 24 Focus on prevention and
victims rights Android and iOS platforms Free application on
Google Play store and iOS APP Store
QR code multi-lingual (8)
Six characters
Sarah – Lower boy
Kate – Job advertisement (domestic servitude)
Anna – Internal trafficking (sexual exploitation)
Cody – Worker (labor exploitation)
Aaron – Forced beggary
Max – Forced criminality
http://banhumantrafficking.com/en/play-the-game
Thank you!!!Tack så mycket !!!
Marija Andjelkovic
Tel: +381 11 785 0001 | Fax: +381 11 785 0010
SOS hotline/fax: +381 11 785 0000
ASTRA SOS telefon za nestalu decu: 116 000
E-mail: [email protected]
Website: www.astra.rs