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QUADRI - Presentation Italy - Valerie Quadri - Council of Europe

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operation to the investigation in consideration that victims can more effectively cooperate when<br />

they are in a position <strong>of</strong> security and when they are aware <strong>of</strong> being the true holders <strong>of</strong> rights.<br />

It is important to focus the attention that from 2007 onwards it will be possible to insert in the social<br />

protection projects the “…citizens <strong>of</strong> EU member states who happen to be in conditions <strong>of</strong><br />

seriousness and actual danger”, according to the new paragraph 6-bis <strong>of</strong> art.18, as it has been<br />

modified by the Legislative Decree n. 300 <strong>of</strong> 28.12.2006.<br />

The proposal for granting a residence permit can be made both by the District Attorney<br />

(Procuratore della Repubblica), if a prosecution has already been started, and by the Local Bodies<br />

or associations’ social services, by institutions and other organisms in charge <strong>of</strong> social protection<br />

projects. Afterwards, the Police Commissioner (Questore) issues a residence permit for reasons <strong>of</strong><br />

social protection which is valid for six months, may be renewed for one year or for a longer period<br />

(in case <strong>of</strong> particular judicial reasons) and grants the access to assistance services, education and to<br />

dependent employment.<br />

2) Law n. 228 <strong>of</strong> 2003 “Provisions against the Trafficking in Human Beings” provided the<br />

Italian legal order with an upgraded definition <strong>of</strong> a few criminal acts, in particular the ones <strong>of</strong><br />

reduction to slavery condition, trafficking in human beings and trade <strong>of</strong> slaves, and introduced some<br />

new <strong>of</strong>fences. The law considers different forms <strong>of</strong> exploitation: sexual, labour, forcing into<br />

begging or removal <strong>of</strong> organs.<br />

For these <strong>of</strong>fences the law foresees a heavier punishment corresponding to eight to twenty years<br />

imprisonment, with an increase <strong>of</strong> one third to half <strong>of</strong> the imprisonment period when the victims are<br />

under 18 or, more frequently nowadays, when reduction to slavery or servitude condition aims at<br />

further sexual exploitation or removal <strong>of</strong> organs.<br />

The repression <strong>of</strong> <strong>of</strong>fences and the forms <strong>of</strong> punishment, which implements the provision <strong>of</strong><br />

Palermo Protocol, considers trafficking in human beings as a specific and autonomous crime<br />

hypothesis.<br />

Article 13 <strong>of</strong> Law 228 <strong>of</strong> 2003 foresees the establishing <strong>of</strong> a Special Fund for the implementation<br />

<strong>of</strong> an assistance programme granting temporary adequate accommodation, board and assistance<br />

conditions for the victims <strong>of</strong> such <strong>of</strong>fences as reduction to or maintaining in slavery or servitude<br />

conditions and trafficking. On the basis <strong>of</strong> Article 13, the Department for Equal Opportunities<br />

issued from 2006 to 2010 five calls for the implementation <strong>of</strong> projects devoted to these victims.<br />

The Department has so far approved and co-financed n. 124 projects, involving more than 1000<br />

assisted victims <strong>of</strong> THB.<br />

4

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