CENTER FOR PREVENTION OF TRAFFICKING IN WOMEN

Activity Report for 2003 – 2006

Taking action aimed at preventing and combating trafficking in persons requires a complex approach, which should comprise aspects of incrimination of the crime of trafficking in human beings and real punishment of the traffickers, but also the security of the victims, their protection and observance of their rights, offering support for reintegration and rehabilitation. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, added to the United Nations Convention on Combating Transnational Organized Crime, provides in Article 6 for the protection of the privacy of the victims, ensuring the protection of the victims of trafficking and offering accessible information and necessary assistance. In the pursuit of one of the main project objectives, the lawyers and attorneys of the Centre for Prevention of Trafficking in Women offer free of charge legal assistance services to the victims and potential victims of trafficking in human beings, consisting of legal consultancy, representation and defense in criminal, civil and administrative trials for the entire duration of such trials, starting with submitting applications and complaints and until the court judgment takes effect.

Legal consultancy by telephone and in office 

In three years, 4.081 persons benefited of legal counseling and support information offered by specialized lawyers on the issue of trafficking.

Collection and sharing of intelligence with law enforcement

In the said period 2003 – 2006, CPTW lawyers conveyed 298 pieces of field information to the law enforcement agencies of the Republic of Moldova and abroad, pertaining to persons that disappeared under circumstances indicating to the crime of trafficking, following which 102 criminal cases have been commenced.

Victims’ representation in criminal and civil trials

During the period of May 2003 - September 2006, 407 victims have been represented in 271 new cases, of which 255 criminal, 13 civil and 3 administrative.

The profile of the victim of trafficking in human beings

According to the case materials, we succeeded in establishing the following features of the profile of the victim of trafficking in human beings:

-        21% are men, 79% are women;

-        the average age of the female victims is 20 years, and of the male victims –25 years;

-        in 38% of the cases there were friendship or kindred relations between the victim and the trafficker before the committal of the crime;

-        17% of the victims had incomplete secondary education at the moment of recruitment,

-        78% – secondary education,

-        5% – incomplete higher education;

-        64% originate from rural regions and 36% from urban regions (6% originate from Transnistria);

One of the features, which were taken into account, was whether the victim had a job before trafficking. The results of the analysis prove that most victims were unemployed.

This also justifies the reason why the person became receptive to any employment offers, including abroad, thus becoming extremely vulnerable to trafficking.

Trafficker’s profile

According to the materials of criminal cases, where the victims of trafficking in human beings were represented by CPTW lawyers, 254 persons have been charged with committing the crime of trafficking in human beings. Therefore, it may be concluded that:

-        In 40% of the cases traffickers are men and in 60% they are women;

-        Where the trafficker is a woman, the average age is 28 years, while where it is a man – the average age is 32 years.

-        In 86% of the cases the person charged is a citizen of the Republic of Moldova, and in other cases – a citizen of Turkey, the Russian Federation, Ukraine and Israel.

The latter tendencies of trafficking point out that Moldova becomes a destination country for the victims originating from Eastern Europe. As for the rest, the top of the countries, where the victims of trafficking are exploited, is headed by Turkey – for sexual exploitation, and the Russian Federation (especially, labor exploitation).

-        Turkey 38 %

-        Russian Federation 32 %

-        Poland 7 %

-        United Arab Emirates 6 %

-        Cyprus 6 %

-        Bosnia, Serbia, Macedonia 6 %

-        Germany 2 %

-        Others 3 % (Israel, Austria, Bulgaria)

Methods used by traffickers to recruit victims of trafficking in human beings

As regards the recruitment methods, we concluded that each third victim has been threatened with violence or has been subject to violent actions already in the process of exploitation, with the sole purpose to force her to practice prostitution, since at the stage of “convincing” the victim of the necessity to render intimate services, virtually all of them resist, asking for their liberation and promising to return the debts for their transportation and document issuance; every second victim was recruited by abuse of their situation of vulnerability, due to the lack of a properly remunerated job and to maintain themselves and the members of their families, since the victims most often have children and unemployed elderly parents. Practically every victim was deceived in order to obtain her consent for transportation abroad, given the initial promises of the traffickers regarding finding employment, with a stable salary and without forcing the victim to prostitute herself.

 
In 86% of the cases, the victims declared that upon recruitment they did not suppose and admit that they are going to be exploited.In this context, we must remind with regard to the rest of the victims, that although they admitted that they might be forced to prostitute themselves, neither of them supposed that they will be exploited, deprived of identity documents, deprived of their freedom and the ability to move freely, of their right to contact with Moldovan relatives, that they will be threatened, blackmailed and raped. In most of the cases, the victims that recognized the fact of exploitation from the very start were the victims who agreed to prostitute themselves, but in all cases they had not been aware of the abusive working conditions, in which they were later forced to practice prostitution, without being remunerated according to the initial agreement upon recruitment.

At present, we ascertained a tendency to avoid abuses and illegal actions from the part of the traffickers as regards potential victims. In the latest period, most of the potential victims are psychologically prepared by the former victims of trafficking. Here comes in a mental component, by which the victims accept a way of living as a prostitute. Their own experience makes easier gaining the confidence of the potential victims, which facilitates the recruitment of new victims, who finally accept to prostitute themselves.

Forms of exploiting the victim of trafficking in human beings

After analyzing the declarations of the victims, made during criminal inquiry and in court, it was established that 65% of the victims where trafficked for the purpose of sexual exploitation (women, in all cases), 33% of the victims were trafficked for the purpose of forced labor (men, in the largest majority of the cases) and 2% – for the purpose of organ removal for transplantation. 

Duration of criminal prosecution and court trial of criminal THB cases

The duration of criminal prosecution in cases of trafficking in human beings, where the victims are represented by CPTW lawyers, constitutes, on average, 6 months. In most cases lengthy criminal prosecution is due to traffickers’ eluding law enforcement agencies, declaring them as searched for or the impossibility to establish the identity of the offenders involved in the process of trafficking in human beings for exploitation.

In court, the average term of examination on the merits, appeal and cassation is one year.

Most lengthy trials are those pertaining to traffickers-foreign citizens, due to the impossibility to ensure the accused with a translator. 

Victim’s safety and security during criminal trial

Of the total number of 407 victims of trafficking in human beings, who are represented by CPTW lawyers, both at the criminal prosecution stage and in court, state protection measures were applied to 5 victims, based on representatives’ request. Together with the International Organization for Migration, CPTW offered dwelling space, the placement of which was known only to the persons responsible for the victims’ protection. During the entire period of stay, the victims were protected by police officers. In 6 criminal trials, 9 victims of trafficking in human beings made declarations before criminal prosecution judges, applying for their exclusion from participation in the court trial. This is due to the influence exercised by the traffickers on the victims, immediately after filing complaints with the law enforcement agencies. 

In the summer of 2006, a criminal case was commenced, regarding the exploitation in the Republic of Moldova of an underage girl from Ukraine. Hence, it may be inferred that the Republic of Moldova becomes a destination country for underage victims from neighboring countries and from the left bank of the Dnister River – a region outside the control of the law enforcement agencies of the Republic of Moldova. This case covers 19 persons – victims of trafficking in human beings. 

One of the procedural actions, to which CPTW lawyers oppose at the stage of criminal enforcement, is the confrontation between the victims and traffickers. In most of the cases, the traffickers do not recognize their guilt in committing trafficking crimes. Under such circumstances, there are no grounds for confrontation. Moreover, the victim is facing a real danger and, in most of the cases, following the confrontation, they give up further collaboration with the law enforcement agencies, in fear for themselves or for their relatives.

Another important aspect, connected with the security of the victim and her availability to cooperate with law enforcement agencies, is linked to the victim’s exposure to the trafficker during criminal prosecution, in the procedural action of open presentation for identification. Thus, in criminal cases, where CPTW lawyers participated within the project, the number of the meetings organized by the criminal prosecution body between the victims and the traffickers was counted. Upon performing this analysis, account was taken of the presentation of the traffickers for identification by the victims, carried out in person, of the interception of direct communication between the victims and the traffickers and of the confrontations between them. Hence, we concluded that every second victim is confronted with the trafficker at the initiative of law enforcement agencies. Moreover, of the victims, whom the criminal prosecution body subjects to direct encounters with the traffickers, 30% meet with them 2 times, 15% – 3 times.  

Hearing the victims of trafficking in human beings

During criminal prosecution, the victim is repeatedly subject to hearing, in various procedural roles (as victim, damaged person, civil party, sometimes – as witness), as well as on the occasion of performing various criminal prosecution actions (explanations before trial commencement, confrontations with the trafficker, presentation of persons or objects for identification by the victim, verification of declaration at the crime scene, victim’s strip-search).

– As victims – of the total number of trafficked persons, only 22% were heard as victims, which is only one in five trafficked persons.

– As damaged persons – 79% of the total number of trafficked persons were heard as damaged persons. Every fifth trafficked person (10%) is heard as damaged person several times.

– As civil party – those victims have been heard, who solicited establishment and compensation of damage, caused to them by the crime. Thus, of the total number of victims, 85% solicited from CPTW lawyers filing material claims against traffickers. Evidence confirming causation of material damage by victim’s exploitation, was collected to the file with regard to every third victim. However, in the great majority of cases, the body of criminal prosecution does not undertake real action (submittal of applications to the criminal prosecution judges, with a view to the evaluation and seizure of property acquired by criminal methods, in order to secure the compensation of such damage.

Most civil clams filed against traffickers in court pertain only to moral claims, due to the lack of evidence confirming causation of material damage. Moreover, expenses borne in connection with repatriation, treatment, restoring identity documents and judicial outlays are borne by the CPTW and by IOM. On average, the amount of moral damages claimed by the victims of trafficking in persons is 50 thousand Lei. In two thirds of the criminal trials, upon issuing the conviction judgment, the court admits, in principle, material claims filed by CPTW lawyers, directing the filing of such claims to the civil procedure court, in order to establish the exact amount of moral and material damage claimed by the victim.

Where until 2005, the legislation of the Republic of Moldova provided (art.60, para.1, p.16 of the Criminal Procedure Code) a guaranty for redemption, at the expense of the state, of moral and material damage caused by crimes, including trafficking in persons, after the addendum introduced by the legislator into this legal norm, this guaranty was removed. At present, most of the problems arise upon executing the sentence, with a view to obtaining the compensation for material and moral damage, awarded by court judgments. This difficulty is due to the lengthy character of the criminal trials of trafficking, during which the traffickers alienate all their property and assets acquired by criminal methods.

Public character of court hearings upon examination of cases of trafficking in persons for purposes of sexual

As regards the public character of court trial in cases of trafficking in human beings for sexual exploitation, it was established that 72% of the cases were examined in closed hearings, and the rest – in public hearings, although CPTW lawyers requested the examining of criminal cases in closed hearings in all cases, for the reason of public exposure of facts pertaining to the private life of the victims, further still of sexual character.