QUADRI - Presentation Italy - Valerie Quadri - Council of Europe

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The standard procedure for the management of the assisted voluntary return is based on an Agreement between the Italian Ministry of Interior and the IOM, and provides the following phases: • Identification of victims / case evaluation • Victim is given information on safe return procedure • Case Report submitted to IOM headquarter in Rome • IOM deals with the consulate of the country involved for travel documents of the victim and authorization • IOM links with liaison office in the country involved to check security conditions and availability of assistance measures • IOM officers attend the victim during the travel • Follow-up after 6 months to verify the ongoing assistance program SOME DATA ON THE “ART.18” PROGRAMS According to art. 18 of the Legislative Decree n. 286 of 1998, the Department for Equal Opportunities every year issues calls for proposals within this field. From 2000 to 2010, a total of 613 projects, distributed in all the Italian regions, were co-funded by the Department. From 2000 to 2008 the number of persons who came into contact with the projects and received some form of assistance and support was around 60.000. Naturally, not all these persons were able, or chose, to enrol in programmes of social protection, but, in any case, all received initial help consisting in most case in “assisted accompaniment” to health facilities or were provided with legal and/or psychological counselling. The number of persons who actually enrolled and participated in the projects was 14.689, out of them 986 were minors. A good percentage of these persons received training and around half were able to find employment (Table N.1). Table 1. Number of persons contacted, who participated in projects or training courses, and found an employment from 2000 to 2008. Victims contacted and accompanied to the various services (Social, health, legal) Victims who participated to the projects art. 18 Victims enrolled in training courses, educational courses, practical training in enterprises Victims who found an employment 10
60.000 14.689 10.211 6.659 Source: Department for Rights and Equal Opportunities (2009) According to the data concerning the nationality of the victims assisted, it appears that the majority of them are from Nigeria (52% of the total), followed by people coming from the Eastern Europe Countries (Romania, Moldova, Albania, Ukraine), North Africa (Egypt, Morocco) as well as an increasing number of persons coming from Asia (China, India, Pakistan). Victims witness protection The outstanding character of the Italian legislation depends on its considering the victim’s protection first from the point of view of the safeguard of victims’ rights, by introducing some provisions safeguarding the trafficking victim’s security in case he/she has to give evidence before the Court. According to art. 15, paragraph 9 of Law n. 228 of 2003, the trial for such offences as trafficking or reduction to slavery condition can be conducted in chambers if the victim makes an explicit request, although general provisions foresee that penal trials should be public. In case the victim is underage, the trial always takes place in chambers and further measures – as psychological assistance during the trial - for protecting the victim’s identity and security are taken. Recently, the Italian Government presented in December 2006 a draft law on Measures for awareness-raising, prevention and repression of offences against individuals within the family, due to sexual orientation, gender identity and any other reason discrimination. This act extends protection within criminal trials to trafficking victims aged 18 and over and foresees that NGO or local bodies providing assistance to victims can take part in the trial. Main outcomes of the Italian system Experience has shown that a victim rights centered approach and an effective multi-agency coordination allow the victims to cooperate with the judiciary authorities and the law enforcement officers to conduct useful investigations and to prosecute the crime’s perpetrators. 11
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QUADRI - Presentation Italy - Valerie Quadri - Council of Europe

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