Memorandum submitted by the Embassy of
the Republic of Moldova
INFORMATION
Regarding the implementation of the Additional
Action Plan for Preventing and Combating Trafficking in Human
Beings in 2008
Trafficking in human beings remains a problem
in Moldova and a concern on the Government and civil society agenda.
Victims of trafficking become mostly young women and children
from socially vulnerable categories of the society, recruited
for slavery and sexual exploitation mainly in Turkey, United Arab
Emirates, Israel, Russia and Italy.
Moldova lacks an exhaustive statistical and
scientific analysis of human trafficking phenomenon; however it
has been noticed that the phenomenon has extended particularly
since 1995-96.
In the last seven years, the Government of the
Republic of Moldova has taken a series of legal, organizational
and socioeconomic actions to overcome the issues linked with trafficking
in human beings and illegal migration.
BACKGROUND
Moldovan Legal Framework of Combating and Preventing
Trafficking in Persons
For the purpose of achieving the objectives
related to the prevention and combating of trafficking in human
beings, a range of relevant normative acts have been adopted at
national level.
— In 2001 the National Action Plan
to Combat Trafficking in Human Beings (2002-06) was approved by
Government Decision no.1219 and the National Committee to Combat
Trafficking in Human Beings was activated.
— The Penal Code (2003) ordains penal
responsibility for human trafficking in art.165—Trafficking
in Human Beings; art.206—Trafficking in Children; art.207—Illegal
Border crossing of Children; art.220—Sexual Procurement.
The harshest punishment for trafficking in human beings and trafficking
in children is life sentence.
— The passing of the Law on Prevention
and Combating of Trafficking in Human Beings (2005) was a progress
of the state policy aimed to counteract this phenomenon. This
law regulates the legal relations regarding prevention and combating
of trafficking in human beings, the assistance framework in preventing
and combating trafficking in human beings.
— In 2006 the article 362/1- Organization
of illegal migration was introduced in the Penal Code, incriminating
organization of illegal migration.
— The Framework-Regulation on the Organization
and Functioning of Centers for Assisting and Protecting Victims
of Human Trafficking was approved by Government Decision no.1362
of 29.11.2006.
— The Republic of Moldova has adhered
to the following relevant international acts:
— UN Convention against Transnational
Organized Crime of 15.11.2000, New York, ratified by Law no. 15-XV
of 17.02.2005 and the Additional Protocol for Preventing, Repressing
and Punishing Human Trafficking, particularly in women and children,
ratified by Law no.17-XV of 04.03.2005.
— Council of Europe Convention on Action
against Trafficking in Human Beings, 03.05.2005 Strasbourg, ratified
by Law no.67-XVI of 28.04.2006 and in force since 10.02.2008,
the Republic of Moldova being the first country which ratified
this convention.
— A Facultative Protocol to the Convention
on the Rights of the Child, regarding the children sale, prostitution
and pornography, 25 May 2000, New York, ratified by Law no. 15-XV
of 06.02.2004.
— The Center of Combating Human Trafficking,
which is a subdivision of the Ministry of Internal Affairs was
created in 2005 (Amendment 3 to the letter of agreement on combating
human trafficking no. 38-B/2005 of 06.09.2005, signed between
the Government of the Republic of Moldova and US Government).
GOM Anti-Trafficking Actions in 2007
In the field of prevention of human trafficking,
the Ministry of Social Protection, Family and Child developed
an institutional mechanism aiming at preventing and combating
trafficking in human beings; pilot projects were launched in 12
rayons of the country. Two national conferences were organized
on monitoring, developing and implementing the National Reference
System (national conference on 28 June 2007 and National Forum
on 19-21 December 2007).
Eighteen seminars on trafficking prevention
were held, aimed at building capacities of the law enforcing bodies
and informing the civil society on prevention and combating of
human trafficking.
Continuing an earlier tradition to stage plays
and create and broadcast fiction and non-fictions films on trafficking,
in 2007 a documentary was produced on trafficking in children,
"MIRAJUL". The film was broadcast by several TV channels
(Moldova1, TVC21, EuroTV, NIT) and in schools at education
institutions of the country.
Prosecution: 528 criminal cases of human trafficking
have been registered, 254 of them linked with trafficking in human
beings, 51 linked with children trafficking, 154 cases of sexual
procurement and 69 linked with organization of illegal migration.
350 penal cases of trafficking in human beings have been brought
to court. The Center for Combating Human Trafficking (CCHT) together
with regional units of the Ministry of Interior (MoI) identified
40 international networks dealing with trafficking in human beings
and organization of illegal migration.
CCHT documented two criminal organizations specialized
in trafficking in human beings, initiated and sent to court five
cases of corruption and trafficking of influence (including
four cases of active corruption (bribery) of CCHT staff members,
one case—influence trafficking); four cases with the
involvement or complicity of civil servants in migration cases
were identified and sent to court.
In the field of international cooperation, Moldova
signed collaboration agreements with Slovakia, Italy on combating
criminality, including trafficking in human beings; talks were
initiated for signing cooperation agreements in fighting TIP with
the United Arab Emirates and Israel. Thirty-one victims of trafficking
were repatriated following an active cooperation with the law
enforcement in Kosovo, Russia, and United Arabic Emirates. MoI
cooperated with the Regional Center SECI, NCB, Interpol, Europol,
Frontex, and EUBAM Mission, which helped organize a series of
special operations and ensured a prompt exchange of information.
A National Plan to Prevent and Combat Trafficking
in Persons for 2008-09 was drafted.
Fighting trafficking was discussed at two meetings
of the Board of the General Prosecutor's Office and MoI. A coordination
council of the law enforcement in fighting TIP was created on
22 June 2007 under the General Prosecutor's Office. It is aimed
at consolidating efforts of the law enforcing bodies involved
in fighting TIP according to the provisions of paragraph (7) art.
11 of the Law on Combating Trafficking in Human Beings. Two joint
working meetings have been organized and held al Government level
with the participation of decision making factors from MoI (including
CCHT) and General Prosecutor's Office during which the participants
discussed the gaps in the anti-trafficking work and formulated
tasks for increasing its efficiency.
At the same time, it should be mentioned that
in 2007 the activity of coordinating the anti-trafficking actions
was far from satisfactory. The National Plan to Combat Trafficking
in Human Beings has not been approved and the National Committee
has not worked on this issues.
GOM Anti-Trafficking Actions in 2008
The National Committee for Preventing and Combating
Trafficking in Human Beings resumed its work in February 2008,
and submitted to the Government for examination a 2008-09 National
Action Plan to Prevent and Combat Trafficking in Human Beings.
The Plan was approved in Parliament on 26 March 2008, along with
a new Regulation of the National Committee to Combat Trafficking
in Human Beings.
Based on Government Decision no. 234 of 29.02.2008,
regional anti-trafficking commissions were formed. Their Regulation
stipulates the procedures for their creation, their key objectives
and tasks, and described the way of interaction between the territorial
commissions and the National Committee to Combat Trafficking in
Human Beings.
Preventing trafficking: on 23 May 2008, a Memorandum
of Cooperation in the field of assistance of victims and potential
victims of trafficking was signed between the General Prosecutor's
Office, MIA and Ministry of Social Protection, Family and Child
on one side and Center for Prevention of Trafficking in Women,
International Center "La Strada", Mission of the International
Organization for Migration on the other side.
On 16 May 2008, the Parliament approved the
Law no.105-XVI on the protection of witnesses and other participants
in trial. For drafting this law, the international practices of
protecting victims of trafficking were analyzed (USA, Romania,
Russian Federation, Austria and France).
Twenty-five seminars were organized, aimed at
building the capacities of the law enforcement bodies and at informing
the civil society on the prevention and combating of human trafficking.
In order to build on the knowledge in the field, various MoI units
attended nine training seminars at a national level (four organized
by the US Embassy, one—by the Embassy of Great Britain in
Chisinau, one seminar—by ILO Migrant, two seminars—by
the International Center "La Strada", one seminar—by
MSPFC on the development of the transnational reference mechanism
for assisting victims of trafficking in human beings).
Three seminars were held jointly with IOM for
building on the knowledge of religious cults in the country as
part of a "Mobilization of Church Networks in Prevention
and Combating of Trafficking in Human Beings" program. In
March of this year, the law enforcement, NGOs and international
organizations participated in a seminar entitled "Study on
the Analysis, Evaluation and Monitoring of the National Plan to
Prevent and Combat Trafficking in Human Beings in 2008-09",
organized by the International Organization for Migration.
Prosecution: 352 penal cases of human trafficking
were registered, 154 of them in trafficking in human beings, 28
cases—children trafficking, 102 cases of sexual procurement
and 68 cases of organization of illegal migration. 173 penal cases
of human trafficking were sent to court. CCHT and MoI regional
units identified 16 international networks dealing with trafficking
in human beings and organization of illegal migration.
GOM Measures to implement the Additional Action
Plan for Preventing and Combating Trafficking in Human Beings
in 2008
As a response to the report of the US State
Department on trafficking in human beings and based on the State
department recommendations, the Government of the Republic of
Moldova approved an Additional Action Plan to prevent and combat
trafficking in human beings in 2008, the implementation of which
is monitored monthly by the National Committee to Combat Trafficking
in Human Beings.
The Government Decision no.847 of 11 July 2008
on the creation of the Center for Assisting and Protecting Victims
and Potential Victims of Human Trafficking was adopted. The Center
was established based on the OIM-operated shelter. Initially,
the GOM will cover 25% of its operations, 75% remaining to be
covered by the OIM, but a gradual increase in the GOM contribution
is planned for the next years until a complete take-over of the
financing of the Center. The Regulation on the procedure of repatriation
of victims back in the country was approved on 30 July 2008.
The National Committee for Combating Trafficking
in Human Beings heard four reports on fighting trafficking in
the period 2007-08. The Deputy Prime Minister, the chair of the
National Committee, established a permanent dialog with the NGOs
in the prevention and combating of trafficking in human beings
and provision of assistance of trafficked victims. Three shelters
for victims and potential victims of trafficking in human beings
were visited. At the same time, public campaigns in the media
for raising public awareness of the trafficking phenomenon continued
in Moldova.
The process of establishing a National Referral
System continued. On 25 June a training seminar was held in Hincesti
town for general practitioners and medical staff on "Assisting
and Protecting Victims and Potential Victims of Human Trafficking
for Harvesting Organs within NRS". The seminar was organized
with the support of IOM, OSCE, International Center "La Strada",
and the Renal Foundation Moldova.
Investigations were resumed in the case of certain
officials, former MoI employees, on their possible involvement
in cases of human trafficking. This information was made public
to the media. In order to fight officials' attempts of getting
involved directly or indirectly in trafficking in human beings,
a Code of Conduct for Government officials is currently drafted.
It will be submitted to Parliament for examination in the fall
of 2008. The Ministry of Internal Affairs together with other
bodies of central and local public administration will create
by 15.09.2008 a database and a mechanism for gathering information
for the central public administration authorities involved in
the activities linked with the prevention and combating of trafficking
in human beings.
In conclusion, in order to carry out those 7
recommendations of the US State Department on combating human
trafficking, the Government of the Republic of Moldova comes with
the following specifications:
1) In the context of carrying out some steps
as a reaction to accusations concerning officials' complicity
in human trafficking, referred in reports regarding human trafficking
in 2007 and 2008, particularly in respect to redundancies from
CCHT, on 11.06.2008 a criminal investigation concerning passive
corruption performed by some collaborators of the Ministry of
Interior was initiated. Thus, the Bejan case is currently investigated
by the Center for Combating Economic Crime and Corruption under
the leadership of the General Prosecutor's Office. Simultaneously
this information has been brought to public attention through
the agency of media.
At the same time, in order to improve the efficiency
of the CCHT the Government has decided to reorganize this subdivision
of the MoI, by strengthening analytical, methodological and coordination
capacities of the activity concerning this field. Also, henceforth
the multidisciplinary character will be kept in the activity of
CCHT. Through the Government Decision no.869 as of 16.07.2008
the new Head of the CCHT was appointed. Currently runs the selection
and certification of the CCHT staff.
2) With reference to registration of a measurable
progress in the investigation, arrest and prosecution of officials
involved in trafficking, and reporting the number of cases of
investigation, arrest and prosecuting officials in the first six
months of the year 2008, The General Prosecutor's Office, Ministry
of Interior, Ministry of Justice in June-July of this year have
materialized the statistics of the cases for the years 2007-08.
In 2007, six criminal records concerning officials involved in
human trafficking have been started (mayor of Vorniceni village,
Straseni district; head of section within the National Philharmonic;
the Ministry of Informational Development worker etc.) and
registered five criminal records against some officials in 2008
(the Head of the Agency for promotion of national culture,
"Intercultura", an employee of the Border Service, three
cases involving collaborators of the MoI).
3) In communicating a public statement that would
condemn public officials' complicity in human trafficking and
sending some signals that action will be taken against all the
officials involved, meetings on human trafficking were organized
by the President of the Republic of Moldova, Prime Minister and
Deputy Prime Minister (Chairman of the National Committee to Combat
Human Trafficking). During these meetings the facts in the field
of preventing and combating trafficking in human beings were assessed,
being convicted in public any involvement of officials in trafficking.
This information has been run by most media channels, radio, media
and during meetings of the state leadership with the leaders of
some international organizations and national NGOs.
4) In respect to initiation of drafting a code
of conduct for all government officials involved, either directly
or through certain positions held by them in fighting against
trafficking in human beings, the Government has begun drafting
the Code of Conduct for government officials and implements Policeman
Code of Ethics. Meanwhile, in the current year some normative
acts were passed, which establishes the rules of anti-corruption
behavior designed for decision makers:
— Law on Civil Servants' Code of Conduct,
no.25-XVI as of 22.02.2008.
— Law regarding conflict of interest,
no.16-XVI as of 15.02.2008.
— Law on prevention and combating corruption,
no.90-XVI as of 25.04.2008.
5) With the view to establish transparent checking
procedures for all officials involved in combating trafficking,
starting with July 2008 transparent checking procedure shall be
applied to all the staff of the CCHT (by analyzing income statements,
polygraph test) in respect to count out the cases of its involvement
in corruption acts, protectionism, etc. This mechanism is expected
to be implemented and cover all the representatives of all legal
bodies and public authorities responsible for combating human
trafficking.
6) In order to establish a credible and anonymous
reporting mechanism, to protect the identity of the petitioner,
government officials and the general public to report over the
corruption suspected cases in the filed of trafficking, until
15.09.2008 under the CCHT an informing mechanism as well as an
anonymous one shall be established concerning corruption in the
filed of human trafficking through a hot line, web page, and Internet.
This mechanism will complement the existing systems, operating
since 2006 at the MI and at the General Prosecutor's Office.
7) Pursuant to the statistics regarding arrests,
criminal investigations and criminal penalties in order to show
how many persons were convicted and for what kind of crimes, how
many accusations were readjusted from traffic into sexual procurement,
what verdicts were pronounced by applying real imprisoning, and
how many imprisoning verdicts have been changed and reduced by
amnesty or other means, during the year 2007 and I half of the
semester of the year 2008 finds the following indices:
|
| Type of crime | 2007
| 2008, I semester
|
| registered
criminal
cases
| arrests | penal cases
brought
to trial
| Conviction
cases
| registered
criminal
cases
| imprisonment
cases
| penal cases
brought
to trial
| Conviction
cases
|
|
| Trafficking in human beings | 254
| 59 | 150
| 93 | 154
| 15 | 55
| 38 |
| trafficking in Children | 51
| 6 | 26
| 35 | 28
| 3 | 6
| 10 |
| sexual procurement | 154
| 14 | 140
| 132 | 102
| 3 | 77
| 67 |
| Organization of illegal migration | 69
| 19 | 34
| 27 | 68
| 14 | 35
| 4 |
| Total: | 528
| 98 | 350
| 287 | 352
| 35 | 173
| 119 |
|
In 2007, 528 penal cases were recorded, of which 287 persons
have been convicted. In the first semester 2008, 352 penal cases
on trafficking in human beings were registered, of which 119 persons
were convicted.
During this period the courthouses and prosecutors bodies
readjusted the offenders' actions from trafficking in human beings
into sexual procurement. At this compartment for the I semester
of the year 2007-08, statistics are as follows:
|
| period | number of cases of
trafficking in human
beings
| Readjustments into
sexual procurement
| Authorities who have carried out the readjustment
|
| | |
Prosecutor's Office |
Courthouses |
|
| 2007 | 254
| 48 | 8
| 40 |
| 2008, sem. I | 154
| 15 | 9
| 6 |
|
First of all these readjustments are determined by the fact
that the victims are changing their statements during trial court
hearings.
Meanwhile, the General Prosecutor's Office, Ministry of
Interior and CCHT conducts an additional analysis of the legal
framework on human trafficking, which includes different penalties
regarding trafficking in human beings, trafficking in children,
sexual procurement, and organization of illegal migration. Experience
shows that legislative bodies and courthouses often interpret
the law incorrectly, imposing lighter punishments for serious
crimes. The statistics of the applied punishments on trafficking
in human beings for the I semester of the years 2007-08, is as
follows:
|
| period | registered
criminal
cases
| Persons
being
under
arrest
| Condemned
persons
| Applied punishments
| released
persons
|
| | |
| Jail | Fain
| Suspending
punishment
enforcement
| amnestied
persons
| |
|
| 2007 | 528 |
98 | 287
| 62 | 121
| 13 | 0
| 4 |
| 2008, sem. I | 352
| 35 | 119
| 19 | 58
| 16 | 0
| 0 |
|
This analysis is also aimed at identifying systemic gaps
in the investigation and documentation of trafficking cases, which
further allow for such interpretations.
Anti-trafficking Measures planned until the end of 2008:
Development of a single Database of all legislative bodies
concerning track traffickers and criminal cases beginning with
criminal investigation and until entry into force the decisions
of the courthouses; Amending the national legal framework in the
field of preventing and combating human trafficking and illegal
migration in order to intensify the punishment for these certain
crimes.
Ensuring cooperation between central public administrative
authorities with NGOs on providing assistance to victims and potential
victims of trafficking; Strengthening and streamlining cooperation
between local public administration, rayon commissions, territorial
police commissariat, National Committee, with the view to carry
out prevention measures throughout the country.
Establishing a permanent Secretariat of the Committee, to
organize its work and monitor the achievement of the National
Plan; Stimulating the activity of territorial commissions in preventing
and combating trafficking in human beings, in accordance with
framework—Regulation of the territorial commissions, passed
on 26.02.2008; Passing the draft decision on the approval of National
Strategy of the National System in the field of providing assistance
to victims and potential victims of trafficking.
Continuing the performance of informing campaigns together
with NGOs about the phenomenon of trafficking, especially trafficking
in children; Permanently informing the population through the
media about cases of arrest, criminal investigation and penalty
for involvement in human trafficking, especially officials.
Ensuring the implementation of the Police Officer's Code
of Ethics, Law on Civil Servants' Code of Conduct, Law regarding
conflict of interest, Law on prevention and combating corruption;
Applying a transparent checking procedure to all the staff engaged
within legislative bodies in respect to counting out the cases
of its involvement in corruption acts, protectionism, (by analyzing
income statements, polygraph test); Improving the informing mechanism
including the anonymous one, of legislative bodies about corruption
cases in the filed of human trafficking through hot line and Internet.
Providing continuous training on the investigation of cases,
the qualification of actions, the hearing of victims, of policemen,
prosecutors and judges through seminars, conferences, and other
methods of instruction.
Intensifying the international cooperation among legislative
bodies by signing some cooperation agreements and memoranda, as
well as enhancing the efficiency of consular and diplomatic missions
in the Republic of Moldova. Establish rules of extraterritorial
jurisdiction in order to allow and facilitate tracking and sentencing
perpetrators of crime on human trafficking, regardless of country
where the offences were committed, including cases where the offences
were committed in several countries.
At the same time, the Government advocates revising the National
Program on fighting trafficking in human beings for the year 2008-09,
revising the legislation what concerns illegal migration, enhancing
the responsibility for the organization of illegal migration,
as well as creating relevant socio-economic circumstances for
young people, women and children.
8 August 2008
|
