Människohandel och sexuell exploatering Serbian NGO experiance

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1 Människohandel och sexuell exploatering Serbian NGO experiance mars 2015 Nationell konferens på Clarion Hotel Stockholm

2 ASTRA-Anti trafficking action 1. Prevention and Education 2. SOS Hotline and Direct Victim Assistance 3. Networking 4. Research and Reporting

3 Chronology and social context 90s Milosevic, wars, sanctions etc 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

4 Results National anti trafficking team National anti trafficking coordinator First AT strategy and NPA Police AT units Center for victims Specialisation of prosecutors

5 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).

6 Trafficked Persons in Serbia March 2002 December calls from 3874 clients Identified trafficked persons Identified trafficked children - 164

7 Age of identified victims of human trafficking March Decembar % Children Adults 64% Gender of identified victims of human trafficking March December % Male Female 85%

8 Citizenship of victims of human trafficking March December % Serbia Bosnia Ukraine Moldova Bulgaria 5% 3% 2% 5% 3% 3% Romania Other Destination of victims of human trafficking March December % Serbia Italy Germany 11% Russia Azerbaijan 12% 2% 5% 5% 5% 5% Bosnia Croatia Other

9

10 Trends 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

11 No new strategy No new NPA Challenges 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

12 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)

13 General information on trial monitoring and verdicts analyzed November 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.

14 Reason for cancellation of hearing 10% 20% 50% Absence of the injured party Absence of defence attorney Absence of the accused 20% Other

15 Hearing of the injured party 55% testifying before the accused testifying in absence of the accused 9% 36% testifying via video link

16 Decision on appeal 25% First instance decision confirmed Appeal taken into consideration and returned to first instance court 13% 62% Appeal taken into account and verdict altered

17 Length of penalty 24% 5% 29% No penalty - acquitted Up to 2 years 3-5 years More than 5 years 42%

18 Mitigating circumstances Children 16% 20% Age No criminal record 6% 7% 10% Poverty Health status Unemployment 5% 8% 12% 16% Behaviour in the procedure Partial confession Other

19 Aggravating circumstances 25% History of past convictions Gravity of committed offence 75%

20 Balkans Act Now-BAN with 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

21 COMPENSATION Working group (Judges, prosecutors, lawyers, academics, NGOs) Obligatory Compensation in criminal procedure Law on Compensation fund (Ministry of Justice)

22 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

23 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)

24 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

25

26 Thank you!!! Tack så mycket!!! Marija Andjelkovic Tel: Fax: SOS hotline/fax: ASTRA SOS telefon za nestalu decu: Website:

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