Prosecution

1
Prosecution

• Legal Definition of Human Trafficking
• International Palermo Protocol
• Russia ratified March 2004
• Russian Criminal Code Articles
• 1271 (Trafficking in Human Beings)
• 1272 (Use of Slave Labour)

2
International Legal Definition of Human
Trafficking

• Palermo Protocol, Article 3
• Elements of trafficking
• Acts of trafficking
• Means of trafficking
• Purpose of trafficking

3
Comparison of Legal Definitions for Human
Trafficking

• Acts of trafficking
• Palermo Recruitment, transportation, transfer,
  harbouring or receipt of persons
• CC Article 127.1 contains these elements but
  includes the term sale-purchase
• Means of trafficking
• Purpose of trafficking

4
Comparison of Legal Definitions for Human
Trafficking

• Acts of trafficking
• Means of trafficking
• Palermo Threat of force or other forms of
  coercion, abduction, deception, abuse of power,
  etc.
• CC 127.1 does not include list means of
  influence in its definition.
• Purpose of trafficking

5
Comparison of Legal Definitions for Human
Trafficking

• Acts of trafficking
• Means of trafficking
• Purpose of trafficking
• Both Palermo and CC 127.1 contain the purpose of
  exploitation, but have differing definitions for
  the term exploitation.

6
Comparison of Legal Definitions of Human
Exploitation

• Palermo Protocol Exploitation shall include, as
  a minimum, the exploitation of others for
  prostitution or other forms of sexual
  exploitation, forced labour or services, slavery
  or practices similar to slavery, servitude or the
  removal of organs.
• CC 127.1 includes these acts of exploitation BUT
  does not included the phrase as a minimum.

7
Definition of People Smuggling

• Many activities of traffickers fall under the
  definition of smuggling
• Smuggling
• Procurement of illegal entry,
• Financial or material gain,
• Across a border into another state.

8
Smuggling vs. Trafficking
9
Current Responses

• Trends of existing prosecution under Russias
  anti-trafficking criminal laws, articles 127.1
  127.2
• Limited number of cases opened, even fewer
  sentences
• Classification of crime changed during
  investigation
• Even in courts classification sometimes
  disregarded

10
Current Responses

• Reasons for low number of prosecutions
• Complexity of the offense
• Lack of generally accepted practices and of
  methods for detecting and investigating offenses
• Lack of coordination between
• Ministry of Internal Affairs and other government
  agencies
• Law enforcement and NGOs
• Lack of victim protection

11
Prosecution for Child Trafficking

• Prosecution for Child Trafficking
• Repeal of Article 152 (trafficking in minors)
• Under current law, child trafficking is treated
  as an aggravating circumstance

12
Prosecution for Child Trafficking

• Prosecution for Child Trafficking
• Lack of Clear Legal Definition for Child
  Pornography
• CRC Optional Protocols Article 2 provides legal
  definition
• Unreasonably mild sanctions regarding offences
  against minors sexual inviolability and morality

13
Recommendations

• Strengthen legislation on trafficking
• Clear definition of exploitation
• More rigorous legislation on child trafficking
• Effective application of witness and victim
  protection law
• Training for law enforcement officials on the
  application of witness and victim protection law
• Maintaining a victim-centered approach in
  prosecution actions

14
Recommendations

• Proactive approach to detecting crimes
• Screening potential victims
• Sex workers arrested during raids at brothels and
  other sex venues
• Underage victims found in street work
• Migrants detained at borders for immigration
  violations or with questionable status

15
Recommendations

• Greater cooperation with civil society
• Greater coordination between the Ministry of
  Interior and other governmental agencies

16
International Standards and Protocols

• The Convention on the Elimination of All Forms of
  Discrimination Against Women (1979)
• The United Nations Convention on the Rights of
  the Child (1989)
• Optional Protocol on the sale of children, child
  prostitution and child pornography
• The International Convention on the Protection of
  the Rights of All Migrant Workers and Members of
  their Families (1990)
• The Worst Forms of Child Labour No. 182 (2000)

17
Resources

• IOM, Comprehensive Training for Law Enforcement
  Authorities Responsible for Trafficking in
  Children/Minors
• http//www.austria.iom.int/en/images/uploads/FINAL
  20REPORT_1148987974.pdf
• UNDP Romania, Law Enforcement Manual for Fighting
  Trafficking in Human Beings
• http//www.undp.ro/governance/Best20Practice20Ma
  nuals/trainer_manual/manual.html
• Training Manual for Combatting Trafficking in
  Women and Children
• http//www.un.or.th/TraffickingProject/Publication
  s/trafficking_manual.pdf