knjiga eng web.indd - Astra

HUMAN TRAFFICKING IN THE REPUBLIC OF SERBIA - REPORT FOR THE PERIOD 2000-2010 

2010

HUMAN TRAFFICKING IN 

THE REPUBLIC OF SERBIA 

Report for the period 2000-2010 

ASTRA – Anti Trafficking Action 

Belgrade, 2011 

European Union

HUMAN TRAFFICKING IN THE REPUBLIC OF SERBIA 

Report for the period 2000-2010 

Authors: Print run: 300 

Marija Anđelković 

Dr Violeta Beširević 

Design: Darko Kolesar 

Tamara Vukasović 

Marijana Gligorić 

Print: Tuli, Vršac 

Danijela Nikolić 

Olivera Otašević 

Ivana Radović 

Marjan Wijers 

Associates: 

Nataša Bošković 

Milena Maričić 

Translated by: 

Milan Marković 

Ivana Radović 

Publisher: 

ASTRA – Anti Trafficking Action 

Belgrade, Republic of Serbia 

astra@astra.rs 

www.astra.rs 

©ASTRA 2011 

DISCLAIMER: 

This Report has been produced with support of the Delegation of the European Union to 

Serbia through EIDHR program within the project “Human Trafficking Watchdogs in the 

Republic of Serbia”. The content of this publication is the sole responsibility of ASTRA and 

can in no way be taken to reflect the views of the European Union. 

All rights reserved. The content of this publication may be freely used and copied for 

educational and other non-commercial purposes, provided that any such reproduction 

identifies ASTRA – Anti Trafficking Action as the source.

For Biljana Kerčulj (1972-2002) 

and Vesna Radovanović (1977-2002)

TABLE OF CONTENTS 

LIST OF ABBREVIATIONS AND ACRONYMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 

PREFACE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 

I. GENERAL SOCIO-ECONOMIC SITUATION IN SERBIA . . . . . . . . . . . . . . . . . . . . 14 

I.1. General Information about Serbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 

I.2. Political, Economic and Social Situation in Serbia . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 

I.3.Human Rights in Serbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 

I.4. Women in Serbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 

I.5. Children in Serbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 

I.6. Persons with Disabilities in Serbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 

I.7. National Minorities in Serbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 

I.8. Nongovernmental Organizations in Serbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 

II. HUMAN TRAFFICKING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 

II.1. Trafficking in Human Beings as a Global Phenomenon . . . . . . . . . . . . . . . . . . . . . . . 50 

II.2. Trafficking in Human Beings in Serbia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 

II.3. Anti-trafficking Activities and Mechanisms in Serbia . . . . . . . . . . . . . . . . . . . . . . . . 56 

III. PROTOCOL TO PREVENT, SUPRESS AND PUNISH TRAFFICKING IN 

PERSONS, ESPECIALLY WOMEN AND CHILDREN AND COUNCIL OF 

EUROPE’S CONVENTION ON ACTION AGAINST TRAFFICKING IN 

HUMAN BEINGS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 

III.1 How to deal with trafficking: international and European obligations of States . 60 

III.2. Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially 

Women and Children, Articles 1 – 5 / CoE Convention on Action against 

Trafficking in Human Beings, Articles 4, 18 – 26 and 30 - 31 . . . . . . . . . . . . . . . . . . 70 

III.2.1 Legal Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 

III.2.1.1 Criminalization of Unlawful Acts in Criminal Legislation . . . . . . . . . . . . . . 76 

III.2.1.1.1 Human Trafficking and Other Related Crimes in the Serbian 

Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 

III.2.1.1.2. Criminalization of Human Trafficking in the Serbian Legislation . . . . 78 

III.2.1.1.3. Criminalizing Attempted Offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84 

III.2.1.1.4 Accomplice Liability for Trafficking in Persons . . . . . . . . . . . . . . . . . . . . 85 

III.2.1.1.5 Criminalization of Trafficking in Children for the Purpose 

of Adoption . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 

III.2.1.2 Application of Mandatory Provisions of the UN Convention on the 

Palermo Protocol and CoE Convention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 

4


III.2.1.2.1 Criminalization of Money Laundering . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 

III.2.1.2.2 Punishable Acts of Abuse of Travel Documents . . . . . . . . . . . . . . . . . . 89 

III.2.1.2.3 Responsibility of Legal Persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 

III.2.1.2.4 Acts must be Criminal Acts (except for legal entities) . . . . . . . . . . . . . 91 

III.2.1.2.5 Sanctions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 

III.2.1.2.6 Previous Senteces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 

III.2.1.2.7 Presence of Defendants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93 

III.2.1.2.8 Statutes of Limitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 

III.2.1.2.9 Asset Confiscation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 

III.2.1.2.10 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 

III.2.1.2.11 Extradition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 

III.2.1.2.12 Mutual Legal Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 

III.2.1.2.13 Special Investigative Techniques . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 

III.2.1.2.14 Obstruction of Justice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 

III.2.1.2.15 Protection of Victims and Witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . 104 

III.2.1.2.16 Cooperation of Offenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 

III.2.1.2.17 Law Enforcement Cooperation and Training 

and Technical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 

III.2.1.3 Other General Demands for the Criminalization of Human 

Trafficking in the National Legislations Prescribed by the UN 

Convention and Palermo Protocol . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 

III.2.1.3.1 Non-inclusion of Transnationality in Domestic Offences . . . . . . . . . 106 

III.2.1.3.2 Non-inclusion of an Organized Criminal Group in 

Domestic Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 

III.2.1.3.3 Criminalization May Use Legislative and Other Measures, 

but Must Be Founded in Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 

III.2.1.3.4 Only Intentional Conduct Need to Be Criminalized . . . . . . . . . . . . . . 106 

III.2.1.4 Optional Criminalization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 

III.2.1.4.1 Criminalizing Offences Related to the Exploitation of Children 

and Juveniles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 

III.2.2. Practice Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 

III.2.2.1. Human Trafficking in Serbia before the Criminalization . . . . . . . . . . . . . 110 

III.2.2.2. Practice of the City Petty Offence Authority in Belgrade . . . . . . . . . . . . 113 

III.2.2.3. Other Legislation Used to Criminalize Human Trafficking . . . . . . . . . . . 117 

III.2.2.4. Prostitution. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 

III.2.2.4.1. Explanation of Terms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 

III.2.2.4.2. Depenalization of Sex Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118 

III.2.2.4.3. Association of Night Bar Owners’ Initiative to Legalize Sex Work . 120 

HUMAN TRAFFICKING IN THE REPUBLIC OF SERBIA - Report for the period 2000-2010 5

III.2.2.4.4. Users of Commercial Sex Services – Survey Findings . . . . . . . . . . . . 122 

III.2.2.4.5. Escort Agencies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123 

III.2.2.5. How Human Trafficking Has Actually Been Criminalized in Serbia . . . . 129 

III.2.2.6. Human Trafficking and Illegal Migrations . . . . . . . . . . . . . . . . . . . . . . . . . 130 

III.2.2.7. Trafficking in Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132 

III.2.2.8. Money Laundering . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 133 

III.2.2.9. Convictions for Human Trafficking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135 

III.2.2.9.1. Mladen Dalmacija Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139 

III.2.2.9.2. Milivoje Zarubica Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 142 

III.2.2.9.3. Trial In Absentia . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150 

III.2.2.10. Penalties Affecting the Property of the Perpetrator . . . . . . . . . . . . . . . . 151 

III.2.2.10.1. Confiscation of Gain Acquired Through Criminal Activity . . . . . . . 152 

III.2.2.11. Setting Up the Special Department of Belgrade District Court for 

Organized Crime and Prosecutor’s Office for Organized Crime. . . . . . . . . . . 154 

III.2.2.12. International Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154 

III.2.2.12.1. International Legal Aid . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155 

III.2.2.13. Judicial Treatment of Trafficking Victims . . . . . . . . . . . . . . . . . . . . . . . . . 156 

III.2.2.13.1. Compensation Claims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 

III.2.2.13.2. New Investigative Techniques . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158 

III.2.2.14. Police Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 159 

III.2.2.15. Abuse of Modern Technology for Human Trafficking 

and Other Forms of Exploitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 

III.2.2.16. ”Missing Babies“ Case . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 


Women and Children, Article 6 – Assistance to and protection of victims 

of trafficking in persons / CoE Convention on Action against Trafficking in 

Human Beings, Article 10 – Identification of the victims, Article 12 - 

Assistance to victims, Article 13 - Recovery and reflection period, Article 

15 – Compensation and legal redress and Article 27 - Ex parte and ex officio 

applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 167 

III.3.1. Legal Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170 

III.3.1.1. Protection of Victim’s Identity and Privacy . . . . . . . . . . . . . . . . . . . . . . . . 171 

III.3.1.2. Participation of Victims in Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 173 

III.3.1.3. Assistance and Protection of Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175 

III.3.1.3.1. Counseling and Information Regarding the Victim’s Legal Rights . . 175 

III.3.1.3.2. Medical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176 

III.3.1.3.3. Employment, Educational and Training Opportunities . . . . . . . . . . . 179 

III.3.1.4. Special Needs of Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181 

III.3.1.4.1. Special Needs of Children: Constitutionally Recognized Protection . .181 

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III.3.1.4.2. Guardian Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183 

III.3.1.4.3. Special Needs of Children in Judicial Proceedings . . . . . . . . . . . . . . . 183 

III.3.1.4.4. Providing Shelters for Child Victims . . . . . . . . . . . . . . . . . . . . . . . . . . 184 

III.3.1.4.5. Special Recruitment Practices and Training Programs . . . . . . . . . . . 185 

III.3.1.4.6. Ensuring a Speedy and Safe Repatriation . . . . . . . . . . . . . . . . . . . . . . 186 

III.3.1.5. Physical Safety of Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 

III.3.1.6. Possibility of Obtaining Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . 186 

III.3.2.Practice Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 

III.3.2.1. Protection of Victims’ Identity and/or Privacy . . . . . . . . . . . . . . . . . . . . . 188 

III.3.2.2. Participation of Victims in Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 

III.3.2.3. Victim’s Assistance and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 

III. 3.2.3.1. Evolution of the Treatment of Trafficked Persons in Serbia. . . . . . .204 

III.3.2.3.2. Direct Victim Assistance Providers in the Republic of Serbia . . . . . 207 

III.3.2.3.3. Memorandums of Cooperation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209 

III.3.2.3.4. Victim Identification and Coordination of Direct Assistance . . . . . 210 

III.3.2.3.5. Counseling and Information Regarding the Victim’s Legal Rights . 219 

III.3.2.3.6. Medical Assistance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 223 

III.3.2.3.7. (Re)integration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229 

III.3.2.4. Special Needs of Children . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .234 

III.3.2.4.1. Guardian Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .238 

III.3.2.4.2. Special Needs of Children in Judicial Proceedings and Training of 

Persons who work with Children Victims . . . . . . . . . . . . . . . . . . . . . . . . . . . 242 

III.3.2.4.3. Providing Shelters for Child Victims . . . . . . . . . . . . . . . . . . . . . . . . . .245 

III.3.2.4.4. Ensuring a Speedy and Safe Repatriation . . . . . . . . . . . . . . . . . . . . . .248 

III.3.2.4.5. Children Who Live and/or Work on the Streets . . . . . . . . . . . . . . . . . 251 

III.3.2.5. Physical Safety of Victims. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 253 

III.3.2.6. Possibility of Obtaining Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . 257 

III.3.2.7. Financing Victim Assistance Programs . . . . . . . . . . . . . . . . . . . . . . . . . . . .260 


Women and Children, Article 7 – Status of victims of trafficking in persons 

in receiving states /CoE Convention on Action against Trafficking in Human 

Beings, Article 8 - Security and control of documents and Article, Article 14 – 

Residence permit. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262 




Women and Children, Article 8 - Repatriation of victims of trafficking in 

persons / CoE Convention on Action against Trafficking in Human Beings, 

Article 16 - Repatriation and return of victims . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 





Women and Children, Article 9 – Prevention of trafficking in persons / CoE 

Convention on Action against Trafficking in Human Beings, Article 8 - 

Security and control of documents and Article, Article 5 – Prevention of 

trafficking in human beings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .284 


III.6.1.1.Startegy to Combat Trafficking in Human Beings in the Republic 

of Serbia and National Plan of Action to Combat Trafficking in 

Human Beings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 286 

III.6.1.2.Preventive Activities Carried Out in Serbia . . . . . . . . . . . . . . . . . . . . . . . . . 290 

III.6.1.3. Media Campaigns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 294 

III.6.1.4. Awareness Raising of Groups at Risk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 297 

III.6.1.5. Preventive Role of SOS Hotline . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .300 

III.6.1.6. Long-Term Preventive Activities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301 

III.6.1.7. Analyses, Research and Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 

III.6.1.8. Cooperation with the Nongovernmental Sector . . . . . . . . . . . . . . . . . . .303 

III.6.1.9. Mitigating Risk Factors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304 

III.6.1.10. Other Measures for Prevention of Human Trafficking . . . . . . . . . . . . . .309 


Women and Children, Article 10 – Information exchange and training /CoE 

Convention on Action against Trafficking in Human Beings, Article 29, 

paragraph 3 - Specialised authorities and co-ordinating bodies, Article 32 

- General principles and measures for international co-operation, Article33 - 

Measures relating to endangered or missing persons, Article 34 - Information, 

Article 35 – Cooperation with civil society . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315 

III.7.1. Cooperation, Information and Other Measures . . . . . . . . . . . . . . . . . . . . . . . . 317 

III.7.2. Education of the Professionals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 

III.7.2.1. Law Enforcement Training . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 328 

III.7.2.2. Judicial Trainings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 329 

III.7.2.3. Trainings for Peacekeeping Officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .330 

III.7.2.4. Other Trainings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 331 

III.7.3. Cooperation with the Nongovernmental Organizations . . . . . . . . . . . . . . . . 332 


Women and Children, Article 11 – Border measures / CoE Convention on 

Action against Trafficking in Human Beings, Article 7 - Border measures . . . . . . 335 


8




Women and Children, Article 12 – Security and control of documents and 

Article 13 - Legitimacy and validity of documents /CoE Convention on Action 

against Trafficking in Human Beings, Article 8 - Security and control of 

documents and Article 9 - Legitimacy and validity of documents . . . . . . . . . . . .347 

III.9.1. Legal Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .348 

III.9.2. Practice Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .349 


Women and Children, Article 14 – Saving clause /CoE Convention on Action 

against Trafficking in Human Beings, Article 3 – Non-discrimination principle 

and Article 17 – Gender equality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 

III.10.1. Legal Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 355 

III.10.2. Practice Analysis . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 357 

III.11. CoE Convention on Action against Trafficking in Human Beings, 

Article 36 – Group of experts on action against trafficking in human beings 

and Article 37 – Committee of the Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 362 

III.11.1. The election of Serbia’s representative in GRETA . . . . . . . . . . . . . . . . . . . . . . 363 

RECOMMENDATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 364 

ANNEXES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370 

Annex 1. ASTRA SOS Hotline and Direct Victim Assistance Program, 

March 2002 – December 2010 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 370 

Annex 2. Maps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .405 

I. Map of Places of Origin of Identified Trafficked Persons (ASTRA database) . . . .405 

II. Map of Routes across Serbia and Montenegro (ASTRA database) . . . . . . . . . . . .406 

III. Map of Routes across Europe (ASTRA database) . . . . . . . . . . . . . . . . . . . . . . . . . . 407 

Annex 3. Perception and Understanding of the Problem of Human Trafficking 

in Serbia – results of the public opinion survey . . . . . . . . . . . . . . . . . . . . . . . . . . . .408 

Annex 4. The Case of Labor Exploitation of the Citizens of the Republic of Serbia, the 

Republic of Bosnia and Herzegovina and the Republic of Macedonia in 

the Republic of Azerbaijan - Country of Origin Report . . . . . . . . . . . . . . . . . . . . . . 416 

Annex 5. Discovered Cases of Trafficking and Actions Taken by the Police 

and SWCs in the Towns where the Member Organizations of the 

ASTRA Network Operate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .448 

Annex 6. Active Anti-Trafficking Actors in the Republic of Serbia . . . . . . . . . . . . . . . .459 

SELECTED REFERENCES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 475 


LIST OF ABBREVIATIONS AND ACRONYMS 

ABA CELLI - American Bar Association Central and Eastern Europe Law Initiative 

ACTA - Anti-Corruption Anti-Trafficking Action 

CEDAW - Convention for the Elimination of all forms of Discrimination against Women 

CIDA - Canadian International Development Agency 

CRC - Convention on the Rights of the Children 

CCS - Criminal Code of Serbia 

CL RS - Criminal Law of the Republic of Serbia 

CoE - Council of Europe 

CPA - Criminal Procedure Act 

DFID - British Department for International Development 

ECPAT - End Child Prostitution, Child Pornography and Trafficking of Children for Sexual 

Purposes 

EU/EC - European Union / European Commission 

FA - Family Act 

FCL - Fundamental Criminal law 

FLARE - Freedom, Legality and Rights in Europe 

FRY - Federal Republic of Yugoslavia 

HCA - Health Care Act 

ICITAP - International Criminal Investigative Training Assistance Programme 

ICMC - International Catholic Migration Commission 

ICMPD - International Centre for Migration Policy Development 

IHRLG - International Human Rights Law Group 

ILO - International Labor Organization 

ILO-IPEC - ILO International Programme on the Elimination of Child Labour 

INTERPOL - International Criminal Police Organization 

IOM - International Organization for Migrations 

IREX - International Research and Exchanges Board 

ISS - International Social Services 

LA - Labor Act 

MERD - Ministry of Economy and Regional Development 

MICS 3 - Multiple Indicator Cluster Surveys 

MOI - Ministry of the Interior 

NGO - Nongovernmental Organization 

NAP/NPA - National Action Plan 

NES - National Employment Service 

NRM - National Referral Mechanism 

10

LIST OF ABBREVIATIONS AND ACRONYMS 

OECD - Organization for Economic Cooperation and Development 

OMCT - The World Organization Against Torture 

OPDAT - Office of the Overseas Prosecutorial Development Assistance and Training 

OSCE - Organization for Security and Cooperation in Europe 

OSCE/CPE - OSCE Crime Prevention Centre 

OSCE/ODIHR - OSCE Office for Democratic Institutions and Human Rights 

PRSP - Poverty Reduction Strategy Paper 

PISA - Programme for International Student Assessment 

PTSD - Post Traumatic Stress Disorder 

RSD - Serbian currency dinar 

RSO - Republican Statistical Office 

SAP - Stabilization and Association Process 

SCF - Save the Children Fund 

SCG - Serbia and Montenegro 

SDC - Swiss Agency for Development and Co-operation 

SECI - South Eastern Co-operative Initiative 

SFRY - Socialist Federal Republic of Yugoslavia 

SIDA - Swedish International Development Agency 

SME - Small and medium enterprises 

SOP - Standard Operating Procedure 

SWC - social welfare center 

TIP - Trafficking in Persons 

UDHR - The Universal Declaration on Human Rights 

UNDP - United Nations Development Programme 

UNHCR - United Nations the High Commissioner for Refugees 

UNICEF - United Nations Children’s Fund 

UNIFEM - United Nations Development Fund for Women 

UNODC - United Nations Office on Drugs and Crime 

USAID - United States Agency for International Development 

WHO - World Health Organization 

VAT - Value Added Tax 


PREFACE 

You have before you a Report on the implementation of the Council of Europe Convention 

on Action against Trafficking in Human Beings (hereinafter: CoE Convention) and the 

Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women 

and Children (hereinafter: Palermo Protocol), which complements the United Nations 

Convention Against Transnational Organized Crime. The Report is closely focused on the 

problem of human trafficking in Serbia and concentrated on the analysis of Articles of the 

Palermo Protocol and CoE Convention which directly refer to the protection of the rights 

of victims of human trafficking. 

The United Nations Convention against Transnational Organized Crime and its Protocols, i.e. 

the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women 

and Children and the Protocol against the Smuggling of Migrants By Land, Sea and Air, 

were adopted in Palermo on 12-15 December 2000. The Convention and the Palermo 

Protocol are clearly aimed at crime control. The Federal Republic of Yugoslavia 1 ratified 

the United Nations Convention against Transnational Organized Crime and its Protocols 

at the sessions of the Chamber of Citizens and Chamber of the Republics of the Federal 

Parliament which took place on 22 June 2001 2 . 

The Council of Europe Convention on Action against Trafficking in Human Beings was 

adopted by the Committee of Ministers on 3 May 2005, at the 925 th meeting of the 

Ministers’ Deputy. This Convention is clearly aimed at protection of the rights of the 

victims of human trafficking. The Republic of Serbia signed the Convention on 16 May 

2005 and ratified it in 2009 3 . 

The Report you have before you displays the problem of human trafficking in the period 

2000-2010 on the territory of the Republic of Serbia. The idea for writing this report 

emerged in 2004 and the only thought that led us during its drafting was the improvement 

of the human rights of the victims of human trafficking in the Republic of Serbia. All 

recommendations are provided to this end. 

1 

After the breakup of the Socialist Federal Republic of Yugoslavia, and by the decision of the Federal Council of the SFRY, on 27 April 1992, the Republic of 

Serbia and the Republic of Montenegro formed a common state under the name of Federal Republic of Yugoslavia. On 14 March 2002, the officials of the 

FR Yugoslavia, Republic of Serbia and Republic of Montenegro, with the presence of the High Representative of the European Union, signed the Baselines 

for Redefining the Relation between Serbia and Montenegro, according to which it was set forth that in the future, FR Yugoslavia is to be called Serbia 

and Montenegro. After signing the Constitutional Charter, on 4 March 2003, the State Union of Serbia and Montenegro was formed (SCG). The State 

Union existed until 21 May 2006, when Montenegro voted for independence in a referendum. That same year, on 3 June, the Parliament of Montenegro 

declared independence. The next day, the National Assembly of the Republic of Serbia declared Serbia the successor of Serbia and Montenegro, thus 

formally ending the existence of the State Union. Shortly thereafter, the Serbian government recognized the independence of Montenegro. 

2 

Law on Ratification of the United Nations Convention against Transnational Organized Crime and Protocols Thereto, the Official Journal of FRY – 

International Treaties, no. 6/2001 3 Council of Europe Treaty Series No.197. 

3 

Law on Ratification of the Council of Europe Convention on Action against Trafficking in Human Beings (Official Gazette of RS – International 

Treaties, no. 19/2009). 

12

PREFACE 

The Report is supported by examples from our everyday practice in dealing with victims 

of human trafficking, their personal stories, as well as articles published in daily and 

electronic newspapers. The source is given for each quote, while personal stories of the 

victims of human trafficking are attached with their consent. In order to fully protect the 

identity of our clients, their stories are marked by numbers from ASTRA’s database. For 

the same reason, and in order to make certain examples clear to the reader, we did not 

use real initials of the clients. In the Serbian version of the Report, the term “victim” or 

“client” was used, because the translation of the English word “survivor” to Serbian is not 

easy to use in all case forms. 

Despite the desire to use in the Serbian version the male and female gender of nouns 

equally, we apologize if this is sometimes not done because of the extensiveness of the 

Report or the constructions and style of the sentence. 

In the last ten years, ASTRA has actively worked in the Republic of Serbia on raising the 

public awareness about the problem of human trafficking, direct assistance for the victims, 

as well as building the mechanisms and capacities of institutions and non-governmental 

organizations for suppression of this phenomenon. The continuous presence has given 

us the possibility to witness the changes that happened both in relation to the trends 

of human trafficking and to different responses of the state to this phenomenon, which 

often depended on the political climate in the country and the personal advocating of the 

individuals in institutions. 

Ten years after adopting the UN Convention, the Republic of Serbia still has no budget 

allocations for the suppression of human trafficking, no specialized shelters and programs 

for children victims. The referral mechanism for victims of human trafficking has not been 

improved ever since it was established and it currently consists of one employee in the 

Agency for Coordination of Protection of Trafficking Victims, which is authorized for the 

entire territory of Serbia. There are no developed indicators for identification, nor the 

procedures for treating the victims. The provision of direct assistance depends exclusively 

on two non-governmental organizations and ad hoc donations. There are no developed 

(re)integration programs for victims of human trafficking at the level of the state. Until 

today, none of the victims got a compensation for damages suffered during exploitation. 

In the absence of an institute of the National Rapporteur for Human Trafficking in the 

Republic of Serbia, this Report my serve as a chronological overview of the past activities, 

but also for the evaluation of their efficiency. 


GENERAL INFORMATION ABOUT SERBIA 

I. GENERAL SOCIO-ECONOMIC SITUATION IN SERBIA 

I.1. General Information about Serbia 

§ 1. The Republic of Serbia is situated in Southeastern Europe, covering the central part 

of Balkan Peninsula. Its total area is 88,361 km 2 and land boundaries length 2,114.2 km. 

It is bordered by Bulgaria to the east, Romania to the northeast, Hungary to the north, 

Croatia and Bosnia and Herzegovina to the west, Montenegro to the southwest and 

Albania and Macedonia to the south. Population of Serbia, without Kosovo and Metohija, 

is 7,498,001 4 . The majority of population are Orthodox Christians; other relevant 

communities are Roman Catholics and Muslims. Other religions are present, too. The 

capital is Belgrade, the official language is Serbian and the local currency dinar (RSD). 

Figure I.1.1. Map of Serbia 

I.2. Political, Economic and Social Situation in Serbia 

§ 2. After Slobodan Milošević was overthrown in October 2000, the citizens of Serbia 

expected quick and painless transition and that they would be able to make up in a short 

period of time everything they had lost during a decade of the Milošević regime. Initial 

enthusiasm, when it seemed that the transition will be quick if it was not possible to 

make it painless for all, and that Serbia would manage to learn from experience and avoid 

mistakes made by the countries which had entered this process during the 1990s, was 

followed by a period of stagnation and absence of systemic and structural reforms. 

§ 3. Zorana Đinđić’s government, which was formed after 5 October 2000, managed to 

consolidate economic situation, inflation was significantly reduced, the major portion of 

4 

2002 census 

14

AN OVERVIEW OF GENERAL SOCIO-ECONOMIC SITUATION IN SERBIA 

turnover was returned to legal flows, citizens’ living standards improved, salaries grew, 

trust in the banking system was restored, foreign debt was halved and privatization 

process started. Serbia’s international position improved, too, the country returned to 

international institutions 5 from which it was excluded after the disintegration of SFRY as 

a result of UN sanctions, and foreign investors and companies started coming to Serbia. 

§ 4. After ten years of deconstruction of all institutions, international isolation and 

economic regress, it was not realistic to expect that Serbia would recover over night. 

However, after tragic assassination of Prime Minister Đinđić on 12 March 2003, reforms in 

Serbia have lost their momentum. All subsequent governments did not have strength to 

explain clearly to the citizens of Serbia what transition meant and what its price was, for 

which reason in the last several years institutional, political and economic reforms have 

been going on at a very slow pace; the elites support them only declaratively, in fear that 

they would lose voters’ support, whereby the losers of transition have not been spared, 

but quite the opposite. 

§ 5. Over the last decade, Serbia experienced two significant territorial changes. 

Montenegro, the other federal unit of the Federal Republic of Yugoslavia and later of 

the State Union of Serbia and Montenegro, declared its independence on 21 May 2006 6 , 

while on 5 June the National Assembly of Serbia declared Serbia a legal successor of the 

State Union 7 . In this way, Serbia restored its status of an independent state, which was 

accompanied by strong resistance of nationalist and right-wing politicians, it had given 

up in support of the Yugoslav idea in 1918. 

§ 6. Two years later, on 17 February 2008, the Kosovo Assembly unilaterally declared 

the independence of this province, which was soon recognized by the majority of world 

forces. 8 Kosovo had been under the international protectorate since the end of the NATO 

bombing of Serbia in 1999. Negotiations on its status lasted for several years, but without 

success. The Republic of Serbia still treats Kosovo as its inseparable part and does not 

recognize declared independence, putting enormous energy and resources in lobbying 

worldwide in order to prevent further recognitions and to maintain parallel administrative 

structure in the parts of Kosovo with larger concentration of Serbian population 9 . The 

issue of legality of the declaration of independence of Kosovo was raised before the 

International Court of Justice in The Hague. This Court issued its advisory opinion on 

22 July 2010, in which it found the Declaration of Independence of Kosovo not to be in 

contrast to international law. 10 

5 

Inter alia, FRY was readmitted to the UN and IMF. 

6 

Official Gazette of the Republic of Montenegro, no. 36/2006 of 5 June 2006. 

7 

The Decision on the Obligation of State Authorities of the Republic of Serbia in Realization of Prerogatives of the Republic of Serbia as a Legal 

Successor of the State Union of Serbia and Montenegro, Official Gazette of RS, no. 8/2006. 

8 

http://www.assembly-kosova.org/?cid=2,128,1635 

9 

http://www.kolikokostakosovo.info/ 

10 

http://www.icj-cij.org/docket/files/141/15987.pdf 


POLITICAL, ECONOMIC AND SOCIAL SITUATION IN SERBIA 

§ 7. The problem of the status of Kosovo has been presented for a long time as the ultimate 

state and national interest of Serbia, as the question of all questions, and it is still often 

used as an excuse for the stagnation of reforms and for neglecting essential problems that 

bother the citizens of Serbia, such as high unemployment rate, corruption 11 , inefficient 

judiciary and the like. 

§ 8. Although full cooperation with ICTY was mentioned several times as a main 

condition for our country’s progress in the process of integration with the EU, by the 

decision of the EU Council of Ministers of Justice and Internal Affairs, on 19 December 

2009 EU liberalized visa regime with Serbia. In late 2010, the Prime Minister took from 

the European Commission a questionnaire of 2483 questions 12 which answering is a 

prerequisite for acquiring the status of a candidate for EU membership, which Serbian 

authorities expect to happen by the end of 2011. A Transitional Trade Agreement, as a 

part of the Stabilization and Association Agreement which governs trade issues came into 

force in January 2010. Previously, Serbia was implementing this agreement unilaterally 13 , 

while on the part of the EU its implementation was frozen for the reason of unsatisfactory 

cooperation with ICTY. The Republic of Serbia signed the SSA in April 2008, while the 

process of its ratification in the parliaments of EU Member States is underway. 

§ 9. It seems that Serbia lacks both political will and public support for resolving crimes from 

the recent past. Hence, cooperation with the ICTY and trials for war crimes before domestic 

courts are justified and interpreted in the context of an obligation to fulfill conditions for EU 

accession or getting foreign grants, and not as a need to punish the guilty. This is true not only 

for crimes “committed in the name of Serbian people”, but also, when victims are the citizens 

of our country. This can be illustrated by the fact that the murders of the journalists Dada 

Vujasinović, Slavko Ćuruvija and Milan Pantić have not been solved yet. Moreover, although 

everybody believed that threats and murders of journalists are something left in the past, 

in April 2007 a bomb was put in front of the flat of journalist Dejan Anastasijević who is 

known for his investigative and analytical articles about organized crime and war crimes; he 

also appeared as a prosecution witness in the Hague Tribunal, in process against Slobodan 

Milošević. Although the police announced quick and thorough investigation, the perpetrators 

have not been found yet. Over the last couple of years, there have been several cases of 

physical attacks at journalists and media people in general, in which police investigation was 

quick, but the perpetrators got only mild punishments, often after long trials. 14 

§ 10. Over the previous years, Serbia has been facing increased street violence and 

vandalism, violent fascist and Nazi outbursts that have, if not open support, than at 

least understanding of many political and clerical structures. This can be illustrated by 

11 

In 2010, Serbia ranked 78th on the list of the most corrupt countries in the world with the Corruption Perception Index of 3.5 – Transparency 

International Corruption Perception Index. 

12 

Questions and answers available at the website of the EU Integration Office http://www.seio.gov.rs/ 

13 

Since 1 February 2009 

14 

E.g. attack on Teofila Pančić, journalist of “Vreme” weekly, on B92 cameraman at the rally on the occasion of Radovan Kradžić’s arrest in July 2008, 

etc. 

16


two examples. The so-called “Rally for Kosovo”, to which the than governing coalition 

invited all citizens to come and express their discontent with the declaration of Kosovo’s 

independence ended with the demolition of downtown Belgrade, robberies and putting 

foreign embassies on fire. The police did not react at all and one young man lost his life 15 . 

In September 2009, a group of so-called football fans attacked and beat to death one 

young man from France 16 in downtown Belgrade. This happened during the preparations 

for gay pride which was forbidden, i.e. canceled one day before its date, because the police 

stated that they could not guarantee participants’ safety. At that time, there were several 

violent incidents directed at foreigners. The death of Brice Taton raised the question of 

banning hooligan and extreme right wing groups, but this has not happened yet nor have 

any efficient measures been taken to prevent their actions. 

§ 11. The organizers of the gay pride tried to ensure broader political support for the next 

year so that the parade planned for the autumn of 2010 took place with enormous police 

security. Although the participants – around one thousand – were safe, unrests raged on 

several points in the city, caused by well-organized hooligans and “patriotic” groups. On 

that occasion 124 policemen got hurt and 249 hooligans were arrested. On that day and 

in the days to come, the entire leadership of extreme right-wing organization “Obraz” 

and members of “Naši 1389” ended up in prison. 17 

§ 12. Nine years after the October 5 changes, Serbia is classified as “flawed democracy” 

according to the Economist Intelligence Unit’s 2010 Index of Democracy 18 published on 

the website of British Economist magazine. For the past ten years a lot has been done, 

but it is not sufficient in terms of the building of a functional economic and social system 

and environment. It must be observed that enormous efforts which are being put in the 

contesting of the status of Kosovo are often used as an excuse for the lack of action in 

the field of institutional and economic development and for justifying some economic 

political decisions. Another excuse for doing nothing is a global economic crisis. 

§ 13. Gross domestic product in 2010 recorded an increase in real terms of 1.2% after the 

fall that was present throughout 2009 19 . Industrial production also saw slight recovery of 

2.9% in 2010 after a dramatic fall one year earlier 20 . On the other hand, the average wage 

paid out in January-December 2010 was nominally up by 7.6%, i.e. 0.7% in real terms 

year-to-year. On the list of the most corrupt economies of the World Economic Forum, 

Serbia ranked 96 th in 2010 21 (93 rd in 2009). 

15 

http://www.b92.net/info/vesti/index.php?yyyy=2008&mm=02&dd=22&nav_category=640&nav_id=285912 

16 


17 

Human Rights in Serbia 2010 – Legal Provisions and Practice Compared to International Human Rights Standards, Belgrade Center for Human Rights, 

Belgrade, 2011. 

18 

Democracy Index 2010: Democracy in retreat, A Report by Economist Intelligence Unit. The Economist Intelligence Unit Limited 2010. 

19 

Statistical Office of Serbia. 

20 

At an expert meeting in May 2011, Stojan Stamenković said that the Statistical Office of Serbia significantly corrected downwards GDP growth 

rates for 2007, 2008 and 2009 compared to those presented in public. http://rs.seebiz.eu/skandalozna-greska-statisticara-pad-bdp-a-62- 

umesto-31/ar-2812/ 

21 

World Economic Forum, Global Competitiveness Report http://www3.weforum.org/docs/WEF_GlobalCompetitivenessReport_2010-11.pdf 


HUMAN RIGHTS IN SERBIA 

§ 14. Although certain progress had been recorded in the field of poverty reduction 

until 2008, the number of poor citizens started growing again in 2009: according to the 

Household Consumption Survey, 8.8% citizens lived below relative poverty threshold in 

2010 (6.9% in 2009). Although the percentage of poverty has been changing, the profile 

of the poor remains almost unchanged: the analysis of the profile of poverty in the 

Republic of Serbia shows that citizens under the highest risk of poverty are those who had 

primary or lower education, unemployed and economically inactive population, children, 

households with higher number of members and households in rural settlements 22 . 

§ 15. As far as labor market indicators are concerned, their worsening has continued. 

According to the Labor Force Survey 23 , unemployment rate in October 2010 stood at 

20.0%, which is up by 2.6 percentage points compared with the same period one year 

earlier. According to the same source, employment in the informal sector constitutes 

17.2%. Registered unemployment rate, according to the National Employment Service, 

in 2010 was 26.89%, an increase of 0.87% relative to 2009 24 . The unemployment rate of 

young people aged 15-24 in October 2010 stood at 46.1%, which is up by 3.6 percentage 

points year-to-year. 25 

§ 16. Compared with the 1990s, Serbia has certainly made a significant progress. Still, 

it seems that after the assassination of Prime Minister Đinđić the course of reform, 

and consequently the democratization of Serbia, has considerably slowed down if not 

even taken a completely opposite direction, although elections are still won by calling 

for European values and EU integration. This is confirmed by a general mood of citizens 

who have little confidence in institutions and less and less feel that they can change 

things in their lives and communities 26 . The results of a survey which TNS Medium Gallup 

conducted in 2009 shows that the citizens of Serbia are most afraid of further poverty 

(77%) and losing their jobs (69%), while the survey by the same agency within the 

international study “Voice of the People – End of Year”, examining expectations from year 

2011, shows that the citizens of Serbia are the most pessimistic in the world with regard 

to their expectations from 2011 (an increase by 20% compared with the previous year), 

i.e. they ranked 4 th according to the most negative economic expectations, following 

French, citizens of Iceland and Romanians 27 . 

22 

The First National Report on Social Inclusion and Poverty Reduction in the Republic of Serbia, overview and state of social inclusion and poverty for the 

period 2008 – 2010, including the priorities for the following period, The Team for Social Inclusion and Poverty Reduction with the Cabinet of the 

Deputy Prime Minister for European Integration, March 2011. 

23 


24 

National Employment Service. 

25 

Labor Force Survey, Statistical Office of Serbia 

26 

Građanske inicijative, Istraživanje percepcija i stavova javnosti o nevladinom sektoru u Srbiji 2009. godine, www.gradjanske.org/admin/download/ 

files/cms/attach?id=281 

27 

TNS Medium Gallup, Global Study Voice of the People – End of the Year, Expectations from the coming year 2011, Belgrade, 2010. 

http://www.tns-bg.com/newsletters/Newsletter_TNSMediumGallup_Ocekivanja%20od%202011_Jan_11.pdf 

18


I.3. Human Rights in Serbia 

§ 17. Serbia became a member of the Council of Europe on March 3, 2003 and ratified the 

European Convention on Human Rights on March 3, 2004. Since that day, everyone who 

considers that some of his/her rights, guaranteed by the Convention or protocols thereto, 

have been violated by the Republic of Serbia, is entitled, under conditions provided by 

the Convention, to make a complaint to the European Court for Human Rights for the 

protection of such right. Until the end of 2010, 6,922 applications were lodged against 

the Republic of Serbia, whereby a total of 3,307 applications were declared inadmissible 

or struck out 28 . 

§ 18. The first judgment on the merits against Serbia was made in 2006. By the end 

of December 2010, a total of 49 judgments were made, as well as 64 decisions based 

on settlement, unilateral decision or struck out. In these 46 judgments it has been 

established that the Republic of Serbia has violated rights guaranteed by the Convention. 

In 14 cases, judgments concerned the violation of right to fair trial as prescribed in Article 

6; in 18 cases violations referred to the length of the trial and in 14 cases to the right to 

effective remedy (Article 13). Violation of rights provided in Article 1 of the Protocol to 

the Convention (protection of property) was found in 11 applications and violation of 

rights provided in Article 8 (right to respect for private and family life) in 9 applications. 

The Republic of Serbia violated the right provided in Article 5 of the Convention (right 

to liberty and security) in five cases and freedom of expression (Article 10) in four cases. 

There was one case of violation of prohibition of torture (Article 3), prohibition of 

discrimination (Article 14) and non-enforcement (Article 6). 29 

§ 19. Applications against the Republic of Serbia constitute 3% of the total number 

of applications lodged to the Court 30 . Starting from 7 August 2008, constitutional 

complaint is considered to be an effective legal remedy in terms of Article 35 Paragraph 1 

of the European Convention on Human Rights. From that day on, previous application to 

the Constitutional Court is a condition for lodging application to the European Court of 

Human Rights. This has resulted in a considerable decrease in the number of applications 

lodged against the Republic of Serbia compared with the period before August 2008. It 

is generally expected that the number of applications to be considered by the European 

Court will be considerably smaller because it will consider only those applications in 

which the Constitutional Court has found no violations of human rights. 

§ 20. The Ombudsman Law 31 was passed in 2005 and amended and supplemented in June 

2007. The Ombudsman himself was appointed at the end of July that year. Thus Serbia, 

as one of the last countries in Europe, has finally got the institution of ombudsman. The 

28 

European Court of Human Rights, Annual Report 2010, Provisional Version. 

29 

Ibid. 

30 



31 

Official Gazette of RS, no. 79/2005 and 54/2007. 


WOMEN IN SERBIA 

institution of ombudsman is available to all: it is free of charge, it shall act preventively 

and it should prevent conflicts. Ombudsman’s duty is to help the citizens of Serbia realize 

their rights that are guaranteed by the Constitution, law and international instruments. 

The ombudsman with his three deputies act in seven areas: human rights, rights of 

national minorities, rights of the child, rights of persons with disabilities, rights of persons 

deprived of liberty, gender equality and good governance. Every year ombudsman has 

been making an increasing number of contacts with citizens. In 2010, 2656 complaints 

were received, a 50% increase compared with one year earlier 32 . 

§ 21. In late 2004, the Serbian Parliament appointed the first Commissioner for Information 

of Public Importance and Personal Data Protection. 

§ 22. The Law on the Prohibition of Discrimination 33 was adopted after four years of 

preparation and with great resistance of conservative circles, only thanks to the fact that 

its adoption was a prerequisite for the liberalization of visa regime with the EU. Upon 

insistence of the Serbian Orthodox Church and traditional religious communities, this 

Law was urgently withdrawn from parliamentary procedure 34 following a strong campaign 

to change its provisions pertaining to discrimination based on sexual orientation and to 

the prohibition of discrimination on religious grounds in order to allow the church to 

practice discrimination which is in accordance with its tradition 35 . However, mechanisms 

envisaged by both this law and other laws relevant for the prohibition of discrimination 

are still rarely used in practice 36 . 

§ 23. The Law on the Prohibition of Discrimination has introduced the institution of 

Commissioner for the Protection of Equality as an independent state authority whose main 

function is the fight against all forms of discrimination, the prevention of discrimination 

and the enhancement of equality. The Commissioner shall act upon the complaints 

in cases of discrimination against individuals or group of individuals connected by the 

same personal characteristic. The Commissioner is competent to issue opinions and 

recommendations in concrete cases of discrimination and to order measures established 

by the law. The Commissioner for the Protection of Equality has one specific power that 

is not held by other independent authorities: it can raise charges for the protection from 

discrimination with consent of discriminated person 37 . How much citizens of Serbia lack 

awareness and knowledge on what discrimination is all about can be illustrated with the 

data that a considerable number of complaints which the Commissioner has received 

32 

Information about Ombudsman’s activities in 2010: http://www.ombudsman.rs/index.php/lang-sr/component/content/article/1305 

33 

Official Gazette of RS, no. 22/09. 

34 

Source: http://www.b92.net/info/vesti/index.php?yyyy=2009&mm=03&dd=04&nav_category=11&nav_id=348284 

35 

After the Law was withdrawn from the parliamentary procedure, Paragraph 2 was added to Article 18, stating that the activities of priests, i.e. 

religious officers who act in accordance with the religious doctrines, convictions or goals of the churches and religious communities which are 

entered into the register of religious communities in accordance with a special law governing the freedom of religion and status of churches and 

religious communities shall not be considered discrimination”. 

36 



37 

Annual reports on the state of children in Serbia published by Child Rights Center. 

20


so far has nothing to do with discrimination. As far as actual cases of discrimination are 

concerned, the largest number of complaints pertains to discrimination in getting a job on 

the grounds of nationality and political affiliation. 38 

I.4. Women in Serbia 

§ 24. According to the 2002 census, women make up 51.4% of the population of 

the Republic of Serbia 39 . In a ten-year intercensal period, the share of women in total 

population increased, in particular in towns, resulting from difference in average life 

expectancy and the impact of wars and migrations 40 . 

§ 25. According to the 2006 Constitution of Serbia 41 , the state shall guarantee equality of 

men and women and develop equal opportunities policy. Article 21 provides that all are 

equal before the law and prohibits direct and indirect discrimination. However, until the 

passage of the Law on Prohibition of Discrimination in 2009, neither the Constitution nor 

other laws in Serbia contained explicit prohibition of discrimination against women, nor 

they specified what discrimination should mean. The only exception is the Labor Act 42 , 

which sets out the definition of indirect and direct discrimination, as well as of harassment 

and sexual harassment 43 . The violation of equality, not only gender equality but in general, 

shall be considered a crime and is punishable as such, but we have no knowledge of 

examples in practice. Citizens rarely decide to take legal measures when they are exposed 

to discrimination either because they cannot recognize discrimination or because they 

have no trust in the capacity and will on the part of the system to protect them. 

§ 26. It seems that gender equality is achieved most in the area of education, in particular 

primary education, where there is almost no difference in the number of boys and girls who 

complete primary school. What may be observed in younger population is that difference in 

the level of education has been growing in favor of women from generation to generation 44 . 

This trend, present in other parts of Europe, too, should be linked to the deteriorating 

quality of education since early 1990s, large unemployment, in particular of young people, 

as well as undervalued status of education and knowledge in the labor market. 45 

§ 27. On the other hand, women are more often illiterate than men. They constitute 

84.9% of the total illiterate population. These are mostly women from older age groups, 

which is a consequence of inherited differences in the education between men and 

38 



39 

DevInfo database. 

40 

Report on the Implementation of Millennium Development Goals in the Republic of Serbia, Government of Serbia, Belgrade, 2005. 

41 

Official Gazette of RS no. 98/06. 

42 

Official Gazette of RS no. 24/2005 and 61/2005. 

43 

Report to the CEDAW Committee, Voice of Difference, Autonomous Women’s Center, ASTRA, Incest Trauma Center, Women in Black, Belgrade, 

March 2007. 

44 

Puzigaća M., Stanje i izazovi za rodnu ravnopravnost u Jugoslaviji, SCAN Novi Sad, 2002; citirano prema Blagojević M., Položaj žena u zemljama 

Balkana – komparativni pregled, GEEP Gender jednakost i ravnopravnost u BiH, Gender centar Vlade RS i Gender centar Vlade FBIH, Bosna i 

Hercegovina, 2004. 

45 




women, although this difference is equal in all age groups to the detriment of women 46 . 

§ 28. Women in former SFR Yugoslavia were encouraged to go to school and have a job, 

but after having reached a certain level, they were faced with imposed and self-imposed 

“glass ceiling” and often they failed to have successful careers 47 . 

§ 29. Women in Serbia constitute the majority of unemployed, both according to the 

National Employment Service and to the Labor Force Survey. Although this difference 

decreased during 1990-2001, it is still very large. The October 2010 Labor Force Survey 48 

reports the unemployment rate of 20.4% for women and 18.3% for men, a decrease 

compared with female unemployment rate of 22.9% reported in 2004. In December 

2010, women made up 53.95% of all registered unemployed persons in Serbia 49 . 

§ 30. Women are faced with discrimination, open or hidden, when finding employment 

and at work 50 . Many job advertisements contain requirements regarding the age and 

looks of a female candidate; further, they are exposed to sexual harassment, encounter 

obstacles in promotion, less often hold top positions in companies, earn less then men 51 . 

The results of econometrically estimated equation of wages show that women earn 17% 

less then men per month on average, which may be explained only by different valuation 

of the same characteristics, i.e. gender discrimination 52 . 

§ 31. Gender segregation of occupations in the Serbian labor market is very strong 

(segregation index 29.3) 53 ; thus, women are more often employed in jobs with lower 

pay. An increase in the concentration of women in certain occupations or their presence 

in top positions often correlates with a fall in the salaries and social influence of such 

occupations. According to the Statistical Office of Serbia, in 2002 only 44 women for every 

100 men held the position of legislator, manager or senior official 54 , although there were 

112 women for every 100 men who identified as professionals 55 . At the same time, women 

have a relatively large share of the gray economy, where they are less protected from 

sexual harassment and exploitation and where the gender gap in wages is even greater. 

§ 32. Transition in Serbia has brought many negative consequences to women, including 

the feminization of poverty, especially bearing in mind that women have primary 

responsibility for taking care of children. In the process of privatization and restructuring, 

women are the first to get fired, especially when better paid jobs are concerned; on the 

other hand, an increasing number of women is getting a job in considerably less paid 

46 

Žene i muškarci u Srbiji, 2005, Statistical Office of Serbia and UNDP. 

47 

Blagojević M. (2004), op.cit. 

48 


49 

Nezaposlenost i zapošljavanje u Republici Srbiji, Mesečni statistički bilten, br. 100, Nacionalna služba za zapošljavanje, Beograd, decembar 2010. 

50 

Blagojević M. (2004), op.cit. 

51 

Report on the Implementation of Millennium Development Goals in the Republic of Serbia, Government of Serbia, Belgrade, 2005. – Women have 

slightly lower average wages (2003, 97.9% of men’s wage), but this difference is especially visible in some sectors (in 2003, women earned 83.0% 

of men’s wage in financial mediation). 

52 

Položaj žena na tržištu rada u Srbiji, UNDP i Savet za ravnopravnost polova Republike Srbije, Beograd, 2006. 

53 

National Millennium Development Goals in the Republic of Serbia, Government of Serbia, Belgrade, 2006. 

54 

ISCO 88 

55 


22


economic sectors. Rural women, Roma women, single mother, home makers, elderly 

women, women from minorities and women with disabilities are in the hardest position 

and at the greatest risk of poverty 56 . 

§ 33. Labor market is not the only space in which differences in economic position of 

women and men may be observed. Very indicative in that respect are data on ownership. 

Women in much smaller percentage appear as the owners of real estate, car and savings; 

2.4% of women have a private company, 3.4% of them have some savings, 16.2% owns a 

flat, 10.8% owns a house and 9.3% agricultural land 57 . 

§ 34. For women in Serbia, transition means serious aggravation of social protection 

and health care. Although new traditionalism and clericalization of society insist on 

the sacredness of traditional family, accusing women in Serbia that they are mostly to 

blame for drop in the birth rate, women are not effectively encouraged and supported to 

have children, while the attempts to reduce to the detriment of women the standards 

achieved after the Second World War are not that rare. An example for this is that the 

absence from work for the purpose of maintaining pregnancy is treated and paid as any 

other sick leave, i.e. a woman receives only 65% of her salary, while the employer has 

the possibility to reduce it even more. Some municipalities and the City of Belgrade have 

started to compensate for this difference. Further, the Autonomous Women’s’ Center, 

after having conducted an analysis of the spending of budgetary resources intended for 

nongovernmental organizations, found that the state allocates nearly 14 times more 

resources from the state budget for financing the associations of veterans, including the 

associations of veterans from the 1912-1913 Balkan wars, then for the compensation for 

pregnant women on maternity leave 58 . 

§ 35. Until the beginning of the 1990s, women had participated in political life, but 

without real power. Before the first multiparty election, there had been 17% of women 

in the Federal Parliament, but in the first makeup of the National Assembly of Serbia 

following the multiparty parliamentary election, there were as few as 1.6% of them. In the 

course of the 1990s, the share of women among MPs never exceeded 5.6%. 

§ 36. At the same time, during this period women were very active in the opposition, in 

particular in non-parliamentary movements and civil society. It is estimated that women 

made up half of participants of the citizens’ and students’ protests in 1996-97, while one 

woman was the opposition leader 59 . 

§ 37. After dethroning the regime of Slobodana Milošević in the December 2000 election, 

56 

Dokmanović M., Ženska prava u zemljama Balkana – u raljama tržišne ekonomije, Ženski centar za demokratiju i ljudska prava, 2004, Subotica 

www.globalizacija.com 

57 

Blagojević M., Rodni barometar – društveni položaj i kvalitet života žena i muškaraca Srbija 2006, AŽIN – Beograd, Altera MB – Budimpešta, 2006. 

58 

In cooperation with NGO Transparency Serbia and financial support of the Fund for Open Society and the Institute for Sustainable 

Communities, the Center for Development of Non-Profit Sector is implementing the project “Line 481”, aimed at more 

transparent allocation and spending of budgetary funds intended for NGOs, providing access to budgetary assets under equal 

conditions for civil society organizations and building sustainable partnership of local governments, NGOs and the media. Source: 

http://www.crnps.org.rs/2010/najvise-iz-budzeta-dobija-srpska-pravoslavna-crkva 

59 

Vesna Pešić, then president of the Civic Alliance of Serbia (Gradjanski savez Srbija) political party. 



women won around 11% seats in the National Assembly of Serbia (as little as 6.7% in 

the Parliament of Vojvodina). During this period, a woman was a Chairperson of the 

Parliament, and for some time, after two unsuccessful election cycles, Acting President of 

the Republic, too. The next parliament was elected in the December 2003 election. At the 

beginning, it had 33 female MPs (12.4%), but by 2006 this figure dropped to 27. In the 

current parliament makeup, women constitute around 22% of the total number of MPs. 

§ 38. With the 2004 amendments and supplements to the Law on the Election of 

Members of Parliament 60 , a 30% quota for less represented gender was introduced; 

however, this quota applies to the presence in electron lists, while in actual distribution 

of seats, women are usually circumvented as much as the law allows 61 . 

§ 39. In the government formed after the 2008 election, five women have been appointed 

ministers, constituting 18.5%. Women also account for 22.7% of state secretaries and 

42.6% of assistant ministers 62 . 

§ 40. With regard to local governments, women constituted 21.21% of local deputies 

after the election held in 2008 63 , which is almost the same to the gender structure after 

the 2004 local election. Also, of 159 mayors, i.e. presidents of municipalities, only six 

are women 64 . 

§ 41. Although women hold many distinguished positions in Serbian public life – the 

judiciary, health, university, they are often exposed to more or less hidden discrimination, 

open misogyny and stereotyping in the media. Any improvement in the position of 

women is seriously confined by the lack of sensitivity to gender equality problems, even 

among women themselves. 65 

§ 42. With regard to the defense system, it employs 46.8% of women, but at the same 

time, women in uniform account for as little as 2.6% in the composition of the Serbian 

Army. In the whole security sector, women are mostly hired to do administrative and 

analytical jobs, while they are absent from managing and commanding positions. 66 

§ 43. As far as gender equality mechanism in the Republic of Serbia is concerned, it exists 

and moreover it seems developed, but the same as the legislative framework, it is not a 

guarantee for effective gender equality in practice. Namely, the Government of Serbia 

has passed a range of laws and strategies where the presence of women is of formal and 

declarative nature, resulting more from “external pressure” then from governing gender 

sensitive value system. 67 

60 

Official Gazette of RS no. 35/2000, 18/2004, 101/2005 and 85/2005. 

61 

One third of seats is distributed according to the order of candidates in the election list, while the rest is up to the party to decide, whereby every 

fourth of these “free“ mandates should belong to the less represented sex. 

62 

Regular Ombudsman Report for Year 2008, http://www.ombudsman.rs/index.php/lang-sr/izvestaji/godisnji-izvestaji/589--2008 

63 


64 

Regular Ombudsman Report for Year 2008, http://www.ombudsman.rs/index.php/lang-sr/izvestaji/godisnji-izvestaji/589--2008 

65 


66 



67 

Jovanović N. (et al.) Mapiranje praznine: nezavisni nadzor nad sprovođenjem Zaključnih komentara i preporuka UN Komiteta za eliminaciju 

diskriminacije žena u Srbiji, Autonomni ženski centar, Beograd, 2009. 

24


§ 44. At the national level, there is Parliamentary Committee for Gender Equality (2003), 

Gender Equality Council as Government’s advisory body (2003, i.e. 2004), the Directorate 

for Gender Equality (2008) and Deputy Ombudsman for gender equality and the rights 

of persons with disabilities (2008). In Vojvodina, there is the Gender Equality Council 

of the Vojvodina Executive Council, the Gender Equality Committee of the Vojvodina 

Parliament (2003) and the Provincial Gender Equality Agency (2004). Moreover, Provincial 

Ombudsman Office has a deputy in charge of gender equality (2006). Until 2005, focal 

points for gender equality have been appointed at the level of 50 municipalities within a 

project supported by OSCE. However, systematic data on their activities or effect of their 

work do not exist nor whether they managed to survive the change of local government 

in 2008 68 . 

§ 45. The Gender Equality Directorate was established within the Ministry of Labor and 

Social Policy in 2008. At the website of the Directorate, it could be read that its priorities 

are “drafting of the Gender Equality Law to regulate comprehensively issues and 

aspects of gender equality as well as setting up of new and empowerment and capacity 

building of the existing institutions responsible to achieve and provide gender equality; 

develops national strategy for advancement of the position of women and promotion 

of gender equality 69 to establish, define comprehensive and overall coordinated 

national policy focused to elimination of all forms of discrimination against women, 

advancement of their status and mainstream gender equality as well as implement 

recommendation of UN Committee on Elimination of Discrimination Against Women.” 

One of the major shortcoming in the work of the Directorate is the attitude of some 

of its officers that the fight for gender equality in Serbia started only when they were 

established, ignoring the accomplishments and expertise of the women movement, 

thus deconstructing what has been built for years and hiring experts whose expertise 

does not include gender equality 70 . 

§ 46. Serbia has the National Strategy for Advancement of the Position of Women and 

Promotion of Gender Equality 71 , and the Action Plan for its implementation in the period 

2010-2015 72 . Many serious objections were made with regard to the Action Plan, while 

commenting the process of its creation, women’s organization stressed that they were 

marginalized by the Gender Equality Directorate and described this relation as “not 

appreciating the years of work and expertise of women’s organizations regarding the 

issues of the improvement of the position of women and gender equality, fictitiously 

68 

At the official website of the Gender Equality Directorate, there are archive data on the local focal points for gender equality with the name of 

municipality, institutional mechanism which exists there and a person in charge. 

(http://www.minrzs.gov.rs/cir/index.php?option=com_content&view=section&layout=blog&id=27&Itemid=233&lang=sr) 

69 

The text of the Strategy available at http://www.minrzs.gov.rs/cir/index.php?option=com_content&view=section&layout=blog&id=27&Item 

id=233 

70 

E.g. the appointment of the Serbian delegate at the Council of Europe’s Ad Hoc Committee on Preventing and Combating Violence against 

Women and Domestic Violence (CAHVIO). 

71 

Adopted by the Government of Serbia on 13 February 2009. 

72 




participatory process without real possibility of influence, and depriving women’s 

organizations of power in relation to state structures “ 73 . 

§ 47. Domestic violence is a topic that has been more openly and more frequently 

discussed in the last ten years, above all thanks to the pressure of women’s NGOs and 

change in the political climate after 2000. Since women today feel more supported to 

report the perpetrator, it may seem that domestic violence, otherwise not typical for 

traditional patriarchal Serbian family, has been brought to Serbia with transition. Thus, 

according to the Statistical Office of Serbia, the number of reporting cases of family 

violence in 2008 (3384) was three times as high as in 2004 (1009) 74 . With regard to 

data for 2009, the perpetrator was male in 94.4% cases. Indictment was issued against 

62.5% of the perpetrators and 1850 convictions were rendered (prison sentence – 20.1%, 

fine – 9.2%, suspended sentence – 68.4%, work in public interest – 0.2%, admonition – 

1.4% and corrective measures – 0.2%). These data do not provide satisfactory picture of 

domestic violence as they are not gender sensitive. Moreover, domestic violence may be 

hidden behind other criminal offences, i.e. crimes against life and limb, crimes against 

freedoms and rights of man and citizen, sexual offences and the like. 

§ 48. According to the survey conducted by the Autonomous Women’s Center, 24 women 

were killed in domestic violence in 2008, while 80% of women do not report violence 

they suffer 75 . Network “Women Against Violence” states in its report on femicide in Serbia 

that in 2010 30 women were murdered by men, mostly partners, ex partners, husbands 

and ex husbands, but also by sons and other relatives. Seven of 30 women had reported 

the perpetrator to some institution before they were killed. In five out of 11 murders 

committed by gun, the perpetrator had a license to possess it. Whenever woman suffered 

violence for years, this fact was not mentioned in news articles, but the focus of reports 

was on perpetrator and his “reasons” for murder or on weapon used for the murder. 

§ 49. Data on family violence kept by NGOs, police, judiciary, social welfare centers do 

not indicate to the real size of family violence, since the majority of cases still remain 

unreported 76 . The results of the survey “Mapping Family Violence against Women in 

Central Serbia” 77 conducted in 2010 show that at that moment 38% of women suffered 

some sort of family violence, while 54% women have some experience of family violence. 

Women from all age categories, from all regions and types of settlements, all educational 

categories and social strata and with different family status are exposed to violence. The 

perpetrators are most often their current or ex husbands or partners, as well as fathers, 

mothers, other relatives or their partners’ relatives. Men appear as the perpetrators 

73 

Jovanović N. et al (2009), op.cit. 

74 

Saopštenje broj 194, godina LX, 01.07.1010, Republika Srbija, Republički zavod za statistiku, according to:Babović M., Ginić K., Vuković O., 

Mapiranje porodičnog nasilja prema ženama u Centralnoj Srbiji, Projekat Borba protiv seksualnog i rodno zasnovanog nasilja, Uprava za rodnu 

ravnopravnost, Ministarstvo rada i socijalne politike, Beograd, 2010. 

75 


76 

Ibid. 

77 

Babović M., Ginić K., Vuković O. (2010), op.cit. 

26


of violence against women in much larger number of cases than other women, with 

husbands and partners being undoubtedly dominating among them. 

§ 50. Until 2002, family violence was not treated as a separate problem, but in police 

and court statistics it was “hidden behind general offences such as causing serious 

bodily harm, endangering personal security, etc.” 78 Family violence was for the first time 

criminalized in 2003 (Article 118 of the Criminal Law of Serbia 79 ). In currently valid Criminal 

Code of Serbia 80 , penalty for family violence ranges from three months to 15 years of 

imprisonment depending on qualification. The latest amendments and supplements 

to the Criminal Code has brought stricter penalties for family violence. However, the 

new definition of the “family member” represents a step backwards compared with the 

previous legislative solution, since it excludes a great number of persons who used to 

enjoy ex officio protection 81 . 

§ 51. The position of women should also be improved through the Family Act 82 that came 

into force in July 2005. Solutions offered by this Law are aimed at providing better and 

more comprehensive legal protection of family, whereby special emphasis is put on the 

rights of the child. This Law introduces some new legal institutes that were not known 

in former legislation, including the protection from family violence. One of the new 

measures is protective measure against family violence, in particular the issuance of a 

warrant for eviction from a family apartment/house regardless of the ownership of the 

real estate in question (Article 198). Moreover, social workers are given greater powers. 

While earlier they could initiate court proceedings only when a child was endangered in 

the family, now they can provide protection to an adult who suffers violence, too. 

§ 52. In this way, at least in legislative terms, the state has acknowledged that violence 

against women as a social problem and not the private problem of a woman suffering it. 

On the other hand, the implementation of these laws in practice is “blocked by ignorance, 

institutional inertia and patriarchal stereotypes”, while institutional support to the victims 

of violence and prevention measures are still far below the needs 83 . Social welfare centers 

are still ruled by stereotypes; for this reason, courts impose more severe punishments on 

violent mothers than on violent fathers, penal policy is light – the most frequent penalties 

are fines and suspended sentences, protection measures are not applied in practice, while 

the procedure itself is inefficient, which dramatically diminishes its meaning and increase 

its costs 84 . 

78 

Aleksić I. and Lukić M. (2000). „Serbia – Country Report“ in: Women 2000: An Investigation on the Status of Women’s Rights in Central and South-East 

Europe and the Newlz Independent States, New Helsinki Federation for Human Rights. 

79 

Official Gazette of SRS no. 26/77, 20/79, 24/84, 39/86, 51/87, 6/89, 42/89 and 21/90 and Official Gazette of RS no. 16/90, 9/92, 49/92, 51/92, 

23/93, 67/93, 47/94, 17/95, 44/98, 10/2002, 39/2003 and 67/2003 

80 

Official Gazette of RS, no. 85/05, 88/05, 107/05 i 72/2009. 

81 

Jovanović N. et al (2009), op.cit. 

82 

Official Gazette of RS no.18/05. 

83 


84 

Report to the CEDAW Committee, Voice of Difference, Autonomous Women’s Center, ASTRA, Incest Trauma Center, Women in Black, Belgrade, 

March 2007. 


CHILDREN IN SERBIA 

§ 53. Although a lot has been done in the last couple of years in combating family violence, 

Serbia still does not have a developed system of cooperation of competent agencies, and 

the final solution of the problem is permanently being postponed. Responsibility is often 

shifted from one institution to another. Because of incapability of state authorities to 

efficiently tackle this problem within their competences, what almost happened in 2009 

is that family violence become a crime prosecuted by a private plaintiff and not ex officio 

like before. This was avoided only thanks to strong pressure from NGOs. 

§ 54. The results of a poll conducted by youth organization Club OPA in 2010 among 

Belgrade secondary school pupils show that many stereotypes about the role of men and 

women in Serbian society are still present: the majority of respondents expect women to 

be patriarchal, modest and quiet, churlish child is considered to be mother’s fault, while 

it is a shame for woman to be divorced. What experts find especially worrying is that 

girls themselves, by taking either neutral or affirmative position, accept in a way, or even 

encourage, stereotypes that a woman is guilty if she becomes a victim of violence. 85 

§ 55. Although the Constitution of Serbia guarantees equality of women and men 

and requires the state to have equal opportunity policy, this has not been the case in 

practice yet. The existing legal solutions are still not completed. It was in the last days 

of 2009 when Serbia got its Gender Equality Law 86 , while the Law on the Prohibition 

of Discrimination 87 , which inter alia prohibits gender-based discrimination, has been 

adopted with strong resistance of large segments of society, in particular Church. 

Although this resistance referred to the prohibition of discrimination on the grounds of 

sexual orientation, it nicely illustrates the attitude of Serbian society and the citizens of 

Serbia towards freedom and equality. 

I.5. Children in Serbia 

§ 56. On January 26, 1990, the Socialist Federal Republic of Yugoslavia signed and in 

December the same year ratified the Convention on the Rights of the Child 88 . Optional 

Protocols on the Sale of Children, Child Prostitution and Child Pornography 89 and on the 

Involvement of Children in Armed Conflicts 90 were ratified in 2002. Although Serbia, as 

a member of SFRY, was among the first signatories of the Convention, the compliance of 

the national legislation with the Convention on the Rights of the Child may be assessed 

as incomplete 91 . The Initial Report on the Implementation of the Convention in Serbia 

before the UN Committee for the Rights of the Child was presented to the Committee 

of the Rights of the Child in Geneva in May 2008. Alternative Report “Implementation 

85 

„Žena sama kriva ako je žrtva nasilja”, Blic, 29 October 2010. 

86 

Official Gazette of RS, no. 104/2009 of 11 December 2009. 

87 


88 

Official Journal of SFRY – International Treaties, no. 15/90 and Official Journal of SRY, no. 4/96 I 2/97. 

89 

Official Journal of SRY – International Treaties, no. 22/02. 

90 

Official Journal of SRY – International Treaties, no. 22/02. 

91 

For details, see Reports on the Rights of the Child in Serbia that are released annually by Child Rights Center. 

28


of the Convention on the Rights of the Child in Serbia”, produced by a NGO coalition 

was presented in the same years 92 . Initial state report and NGO shadow reports 93 on the 

compliance with the Optional Protocols on the Sale of Children, Child Prostitution and 

Child Pornography and on the Involvement of Children in Armed Conflicts were presented 

to the Committee in 2010. Council of Europe’s Convention on the Protection of Children 

against Sexual Exploitation and Sexual Abuse 94 was ratified in 2010. The legislation of 

the Republic of Serbia does not have a law that would regulate children’s rights in a 

comprehensive manner nor does it have a general definition of the child. This applies to 

the Family Act, too, which is one of the essential legislative sources in this area. Although 

the 2006 Constitution of Serbia contains a provision titled “Rights of the Child”, which 

is for the first time in the history of Serbia, the opportunity to set out the best interest 

of the child as a constitutional principle has been missed. The best interest of the child 

is mentioned in the Constitution, but only in terms of court’s right to limit all or some 

parent’s rights and duties towards their children if this is in the best interest of the child 95 . 

§ 57. According to the 2002 census, there are 1,470,000 children (19.6% of the total 

population) living in Serbia, of whom 342,000 children under five. The position of children 

in Serbia should not be observed independently from the overall political, economic and 

social situation of the country. What is notable is that the issue of children’s rights in 

practice is always in the background of still predominant political questions. 

§ 58. One of the hardest consequences of social stratification in the period of transition 

is that children in Serbia are faced with pronounced poverty. According to the EU criteria, 

one third of all children in Serbia live in poverty 96 . A large number of children in Serbia 

are poor, without elementary health and social care. The Poverty Reduction Strategy 

Paper (PRSP) recognizes children as one of the vulnerable groups in terms of poverty. 

According to the 2002 and 2003 Living Standard Measurement Surveys, around 155,000 

children in Serbia are poor, while another 155,000 children have insufficient material 

resources. Particularly vulnerable are children of school age, children living in big families, 

children living in rural areas, as well as Roma children and children with disabilities. 

What is especially worrying is that children’s poverty has been decreasing too slowly 97 . 

Although the number of those who lived under the poverty line reduced by half in 2007 

compared with 2003, poverty has grown again due to global economic crisis and today 

nearly every tenth citizen is poor, the most vulnerable being families with children. 98 

According to the Statistical Office of Serbia, 9.5% children in Serbia are in social need, 

92 

Stevanović I. (ed.), Implementation of the Convention on the Rights of the Child in Serbia, Child Rights Center, Belgrade, 2008. 

93 

Stevanović I. (ed.), Monitoring and Reporting on Rights of the Child in Serbia, Child Rights Center, Belgrade, 2010. 

94 

Official Gazette of RS - International Treaties, no. 1/10. 

95 

Petrović M., Vučković-Šahović N., Stevanović I., Prava deteta u Srbiji 2006. godine, Centar za prava deteta, Beograd, 2007. 

96 

Data from a press conference, where the findings of Belgrade-based Institute for Social Medicine on the position of children in Serbia were 

presented; published in Danas daily on 21 November 2006. 

97 

The State of Children in Serbia 2006. Poor and Excluded Children, UNICEF, Belgrade, 2007. 

98 

Survey for the needs of the conference “Children and Poverty”, 19 November 2009 http://www.b92.net/info/vesti/index. 

php?yyyy=2009&mm=11&dd=15&nav_category=206&nav_id=392756 



whereby this figure does not include hundreds of legally invisible Roma children who live 

in unhygienic settlements 99 . 

§ 59. Poverty affects both whether a child would go to school and what results he/she 

would have there. Around 6% of children who live below the poverty line do not go to 

school due to poverty, while less then 9% of such children go to pre-school institutions. 

Moreover, 19% of the poorest girls get married before the age of 18, while much larger 

percentage of the poorest children, compared with general population, work before 

attaining adult age 100 . 

§ 60. According to the Constitution of Serbia, schooling is available to all under equal 

conditions; primary education is mandatory and shall last eight years. Regular education 

funded from public revenues is free of charge. Children from ethnic minorities have 

right to attend school in their own language, as well as to set up private educational 

institutions. Persons with disabilities and persons with extra talents are entitled to 

education in accordance with their special needs. 101 Although the new Law on the Basis of 

the Education System has set out the basis for the development of inclusive education 102 ,, 

special schools will keep to exist, but only children with grave developmental challenges 

and special needs who cannot go to regular schools will attend them. 103 

§ 61. According to Statistical Office’s data for 2005, 95.29% of children complete primary 

school (95.89% boys and 94.71% girls) 104 . This percentage is lower for children who live 

in rural areas (73.8%) and for Roma children (21-37%) 105 . According to the same source, 

76.42% of children enroll in secondary school. It is difficult to calculate actual percentage 

of children who complete primary school, because data are obtained based on the school 

year and not by observing the generations of pupils. Further, data on primary school drop 

out are not available, as well as data on the number of Roma children and children with 

disabilities who remain outside the primary education system or drop out before the 

end of primary education. For this reason, the percentage of primary school graduation is 

assessed at 85-90%. 

§ 62. Mechanism to prevent early dropout still does not exist. The implementation of the 

Law on the Basics of the Education System, the Law on Preschool Education 106 and the Law 

on the Prohibition of Discrimination which promote inclusive education and prohibits any 

form of discrimination against children should contribute to better inclusion and reduce 

discrimination of traditionally marginalized and excluded groups of children and children 

99 



100 

MICS3 

101 

Petrović M., Vučković-Šahović N., Stevanović I. (2007), op. cit. 

102 

More about inclusive education in Section I.6. 

103 

L Human Rights in Serbia 2010 – Legal Provisions and Practice Compared to International Human Rights Standards, Belgrade Center for Human Rights, 


104 

Millennium Development Goals in the Republic of Serbia, Monitoring Framework, Government of Serbia, Belgrade, 2006. 

105 

Ibid. 

106 


30


with a tendency to drop out early. This is a complex process and the responsibility for it 

should not be left to teachers only, but it requires involvement of the whole of society 

and strong political will for set goals to be realized in practice and not to remain a dead 

letter in the service of declarative compliance with European standards. 

§ 63. In order to improve inclusion and mitigate the effects of global economic crisis, 

pupils of the first and second grade of primary school are given free school books provided 

by the Ministry of Education; thanks to local self-government, free books are provided 

also for the fifth grade pupils in the territory of Belgrade. 

§ 64. Until the introduction of mandatory pre-school education in 2006, the coverage 

of children with preschool education in Serbia was very low: 37.3% in 2004 and 

39.2% in 2005 107 , resulting from both inadequate availability of preschool institutions 

and lack of awareness of significance and need for this kind of education. Moreover, 

criteria for the enrollment of children in public preschool institutions (with subsidized 

price) are not equalized and often discriminate against some categories of parents, e.g. 

children. Advantage is often given to children with both working parents, in which way 

a large segment of children, whose parents moonlight or are unemployed, is excluded; 

unemployed mothers, if they want to find a job, need to organize baby-sitting, and the 

like. In some cases, advantage is given to children who have been in the waiting list for 

a longer period of time, although family’s material position does not indicate a need for 

state subsidy. Such situation is expected to change after the beginning of implementation 

of the new Law on Preschool Education, which provides for equal right and access to all 

forms of preschool education without discrimination on the grounds of gender, social, 

cultural, ethnic, religious or any other affiliation, place of permanent or temporary 

residence, material or health status, developmental challenges or impairment or on any 

other grounds. Also, in the period 2004-2009, the number of preschool institutions grew 

considerably, but capacities are still insufficient with significant regional differences. The 

status of private preschool institutions is still not regulated and data on the number of 

children who attend these institutions does not exist 108 . 

§ 65. Particularly worrying is the quality of education our children acquire in school. 

Although there is a principal agreement on the necessity of reform of the education 

system, little progress has been made in that area in practice. In spite of traditional belief 

that our education system, with all its shortcomings, at least provide pupils with excellent 

general education, the reality seems to be quite different. Namely, according to OECD’s 

PISA 109 2006 results, Serbian secondary school pupils ranked 41 st for the second year in a 

row 110 . The PISA test shows the efficiency of an education system, because it assesses how 

much 15-year-olds are able to practically apply knowledge they have acquired in primary 

107 

DevInfo. 

108 

Annual reports on the child rights situation in Serbia published by the Child Rights Center. 

109 

Program for International Student Assessment. 

110 

Vreme Weekly, issue 885, 20 December 2007. 



school. Although the results of the most recent testing which took place in 2009 show 

that pupils of the first grade of secondary school leg behind by a whole academic year in 

comparison with their peers from the majority of European countries, an improvement 

has been registered compared to 2006, especially in the area of reading, while small 

progress was registered in the area of mathematics and science. 111 

§ 66. Although the mortality of infants and small children in Serbia has been permanently 

declining in last fifteen years, it is still larger than in developed European countries. 

Particularly worrying are departures registered in Roma population. According to MICS3, 

infant and under-5 mortality rate of Roma children who live in Roma settlements is nearly 

three times higher than in general population. Although the law provides that children 

until the age of 18 are entitled to the highest possible standard of health and health care, 

in practice, a great number of children do not have health insurance card, without which 

they cannot enjoy this right 112 . 

§ 67. In last couple of years, significant progress was made in the area of legislation 

relevant for the improvement of the position of children. In 2006, three important laws 

came into force: the Family Act, the Criminal Code and the Juvenile Offenders and 

Juvenile Justice Act 113 . 

§ 68. The Family Act “represents an important event in the field of children’s rights because 

the concept of the right of the child has been introduced into domestic legislation for the 

first time” 114 . The Family Act provides that everyone is under obligation to act in the best 

interest of the child in all activities related to the child, while court, in all disputes over 

the protection of the right of the child and in disputes over the exercise or deprivation of 

parental rights, shall always act in the best interest of the child. Proceedings regarding 

family relations shall be adjudicated by specialized judges, i.e. specialized panels. 

Professional judges shall pass special education in the area of the rights of the child, while 

lay judges shall be selected from the rank of experts with experience in working with 

children and youth. If a child who is able to form his/her own opinion appears as a party 

in a dispute over the protection of the right of the child and in a dispute over the exercise 

or deprivation of parental rights, the court shall take care that such a child duly receives 

all necessary information; let the child express his/her opinion and give due attention 

to such opinion in accordance to the age and maturity of the child; determine a child’s 

opinion in a manner and in the place in accordance with his/her age and maturity unless 

this would obviously be in contrast to the best interest of the child. 

§ 69. The Family Act also introduces protection from family violence, while measures 

that shall be pronounced in case of child neglect and child abuse are directed mainly 

at the perpetrator and not at the child as they used to be. A tendency is to keep a child 

111 


112 

Petrović M., Vučković-Šahović N., Stevanović I. (2007), op.cit. 

113 

Official Gezette of RS, no. 85/05. 

114 

Petrović M., Vučković-Šahović N., Stevanović I. Prava deteta u Srbiji 2005. godine, Centar za prava deteta, Beograd, 2005. 

32


at home whenever it is possible in order to avoid his/her placement in an institution 

and so that another parent could continue taking care of such child. Measures are 

ordered by a court decision in a special urgent procedure. However, although significant 

progress has been made, this Act failed to explicitly prohibit corporal punishment of 

children. Beating children is still acceptable way of punishing children in Serbia and is not 

considered harmful. 

§ 70. The protection of children from neglect and abuse is provided by the Criminal Code 

of Serbia; everyone, from institutions to common citizens, is obliged to report the cases 

of child abuse and neglect. 

§ 71. As far as sexual abuse of children is concerned, situation in Serbia is estimated 

to be similar to other countries, i.e. that every third girl and every seventh boy have 

suffered this form of violence. The number of reported cases is far smaller than actual 

incidence of sexual abuse of children. According to available data, in the majority 

of cases (89.75%), the abuse lasts for several years; in the remaining cases, it takes 

several months. The perpetrators are usually people from child’s surroundings – 

cousins, neighbors, teachers, coaches. Through legal amendments, sexual intercourse 

with a child has been equalized with all similar acts. The sentence of up to three years 

in prison is set for the lightest form of the offence, the so called “prohibited sexual 

acts”, that is, 18 years in prison for the gravest forms which result in the death of 

the child. 

§ 72. Children in Serbia are victims of other forms of violence, too, but there is no 

precise data on the size of the problem. Children themselves 115 think that every child 

has been the victim of violence at least once. The majority believes that 50% of 

children suffer some type of abuse, i.e. that 10% of them go through serious types of 

abuse. It is worrying that children still hesitate to approach their parents and service 

providers because they are afraid that nobody will believe them. Moreover, children 

think that the police, social welfare centers and schools are services that should protect 

children from abuse, but expressed their concern that these services are not childrenand 

youth-friendly. 

§ 73. The Family Act stipulates that the state shall provide a child without parental 

care with protection in a family environment whenever possible. Also, one of the basic 

goals of the social welfare system reform is deinstitutionalization and development of 

alternative models of child care. The number of children who lived in institutions was 

reduced by nearly one-quarter in last five years, while foster parenting has been on 

the rise 116 . However, the structure and territorial distribution of foster families are not 

appropriate 117 . The number of foster families trained to accept children with disabilities 

115 

Perceptions of and Opinions on Child Abuse. Qualitative research in 7 municipalities with 10-19 year-old children and young people, UNICEF, 

Beograd, 2005. 

116 

Izveštaj o dečjoj zaštiti u Srbiji, UNICEF, Beograd, 2007. 

117 



PERSONS WITH DISABILITIES IN SERBIA 

and children with behavior disorders is rather small. Intensive specialized trainings are 

underway aimed at solving this problem 118 . 

§ 74. The Juvenile Offenders and Juvenile Justice Act actually represents the implementation 

of several international documents 119 into national legislation. It envisages that juvenile 

offenders shall be tried by special judges, i.e. juvenile panels that need to have special 

knowledge in the field of children’s rights and juvenile criminality. Lawyers who defend 

minors, i.e. persons representing minors who appear as victims or witnesses in proceedings, 

prosecutors in charge of juveniles and law enforcement officers that act in such cases – all 

of them also need to have special education and special certificates. These cases are ran 

applying the principle of urgent procedure. As far as criminal penalties are concerned, 

the duration of rehabilitation measures has been specified, as well as a mechanism for 

the control of their implementation and effects. Only exceptionally a juvenile may be 

sentenced to juvenile prison, but providing that he/she is not younger than 16. Before 

this Act has been passed, the duration of rehabilitation measures executed in institutions 

was relatively unspecified, as well as the control of measure implementation. Children 

younger than 14 may not be defendants in criminal proceedings nor criminal penalties or 

measures may be ordered against them. Enforcement of this Act has significantly affected 

the improvement of criminal justice position of minors. 

§ 75. The Child Rights Council has been operating since 2002 as an intersectoral advisory 

body of the Government of Serbia for issues concerning children’s protection and the 

rights of the child. This Council comprises of the representatives of relevant institutions 

and NGOs. The Council has an increasingly important role in the coordination of activities 

aimed at the improvement of the rights of the child, but it still does not have budget 

or appropriate administrative service that would support the work of its members. The 

authority of the Council is still based on the authority of its members. 

§ 76. Within the Parliamentary Committee for Gender Equality, there used to be a Sub- 

Committee for the Rights of the Child. In March 2009, the Poverty Reduction Committee 

set up a Working Group for the Rights of the Child, whose task was to enhance and 

develop of the protection system, rights and position of children. In mid-2010, this 

Working Group was transformed into the Committee for the Rights of the Child, with 

special emphasis being aimed at enhancing its supervisory role in terms of identification 

of key adopted laws and strategies which directly address the issues of the protection of 

the rights of the child and sending requests to relevant ministries to submit reports on 

the implementation and effects of these laws on children and their families 120 . 

§ 77. Intersectoral cooperation mechanisms are weak, as well as coordination of relevant 

118 

„U Srbiji više hranitelja nego dece bez roditeljskog staranja“, Blic, 26. septembar 2010. 

119 

The Convention on the Rights of the Child, European Convention for the Protection of Human Rights and Fundamental Freedoms, UN Standard 

Minimum Rules for the Administration of Juvenile Justice, UN Guidelines for the Prevention of Juvenile Delinquency, UN Rules for the Protection 

of Juveniles Deprived of Liberty, UN Standard Minimum Rules for Non-Custodial Measures, European Rules on Community Sanctions and 

Measures, and some Council of Europe’s documents. 

120 


34


subsystems (education, social welfare, judiciary, finance, health, home affairs) 121 . Also, 

coordination between state authorities and local governments is unsatisfactory. 

§ 78. Serbia still does not have Ombudsman for children, although a legislative initiative 

to set up this institute entered parliamentary procedure in 2008. On the other hand, 

in the structure of the Ombudsman office, one Deputy Ombudsman is in charge of 

the rights of the child. In 2010, Ombudsman launched a separate website intended for 

children 122 , where children, among other things, can learn more about their rights and file 

a complaint in cases of violation of these rights. An officer in charge of representing the 

rights of the child work has been active for several years within the office of the Provincial 

Ombudsman, while several municipalities have established the offices of children’s 

ombudsman at a local level. 

§ 79. The Child Rights Council has drafted the National Action Plan for children for the 

period until 2015. NAP contains guidelines necessary for advancing the rights of the 

child and builds on four core principles of the Convention on the Rights of the Child: 

right to life, survival and development, best interest of the child, non-discrimination and 

participation. The following have been defined as priority areas in the policy for children: 

the reduction of children’s poverty, quality education for all children, better health for 

all children, advancement of the position and rights of children with developmental 

difficulties, protection of children without parental care, protection of children from 

abuse, neglect, exploitation and violence, and strengthening state capacities for solving 

the problems of children 123 . 

§ 80. To improve the reporting and registering of all forms of abuse and neglect of children, 

General Protocol for the protection of children from abuse and neglect has been adopted, 

as well as special protocols on acting in the protection of minors from abuse and neglect 

for the police, the judiciary and the systems of education, health care and social welfare 

§ 81. In December 2008, the Government of Serbia adopted the National Strategy for 

Prevention and Protection of Children from Violence. The Strategy has two basic goals: to 

develop a safe environment for children and to establish a national system of prevention 

and protection of children from all forms of abuse, neglect and exploitation. The Action 

Plan for the implementation of this Strategy for the period 2010-2012 was passed in 

March 2010. 

I.6. Persons with Disabilities in Serbia 

§ 82. According to the results of a survey conducted by Handicap International and the 

Center for Policy Studies in 2001, persons with disabilities constituted 6.5% of Serbian 

population, i.e. there are around half a million persons with disabilities who live in 

121 

Ibid. 

122 

www.pravadeteta.rs 

123 

UNICEF (2007), op.cit. p. 10. 



Serbia 124 . The most comprehensive definition 125 of a person with disability is the one given 

in the 2006 Law on the Prevention of Discrimination against Persons with Disabilities 126 . 

Regulations that govern benefits and allowances contain narrower definitions aimed at 

the assessment of damages, with emphasis being put on disability, and based on medical 

model of disability 127 . 

§ 83. In the Socialist Federal Republic of Yugoslavia, the state used to provide persons 

with disabilities with social welfare benefits, health care and allowances that in many cases 

allowed them to have relatively comfortable existence, but not inclusion. The categorization 

of persons with disabilities has always been done based on impairment and not based on 

individual needs 128 . During the 1990s, the social welfare and health care system collapsed 

and persons with disabilities remained marginalized, living on the verge of poverty or below 

the poverty line, and facing social exclusion and open and hidden discrimination 129 . 

§ 84. A lot of effort has been put in recent years in building a legal framework which 

would enable the improvement of status of persons with disabilities. Besides mentioned 

Law on the Prevention of Discrimination against Persons with Disabilities, which, 

inter alia, imposes the obligation on state authorities to make all public buildings and 

services accessible to persons with disabilities, prohibits their discrimination in the field 

of industrial relations, health and education and requests state and self-government 

authorities to undertake measures that would stimulate their equality, of importance for 

this issue is also the adoption of the Law on the Prohibition of Discrimination 130 and the 

Law on Professional Rehabilitation and Employment of Persons with Disabilities 131 . 

§ 85. Still, the position of persons with disabilities in Serbia today is characterized by low 

employment rate (13% according to the World Bank), the absence of equal opportunities 

for access to education, physical environment and communications and adequate 

support services 132 . This applies to the position of children with disabilities, too. Namely, 

although the new Constitution of Serbia proclaims special protection for “mentally or 

physically handicapped children”, the existing legislation, and especially low level of social 

awareness of particularities linked to persons with disabilities do not provide conditions 

for the satisfaction of their needs and for enjoying the rights. 133 

124 

Leerentveld H.(et al) Feasibility Study on Employment and Professional Rehabilitation of People with Disabilities in Serbia, Final Report, HTSPE Limited 

UK (The European Union’s Programme for Serbia), 2006. 

125 

“Persons with physical, sensory, intellectual or emotional impairment, acquired at birth or subsequently, who, due to social and other barriers, 

are denied or have restricted opportunities for participation in social activities on the basis of equality with others, regardless whether they can 

perform the above-mentioned activities with use of aids and/or support services”. 

126 


127 

Tatić D., Report on Situation of Persons with Disabilities in Serbia – Analysis of Legislation and Practice, Center for Independent Living of Serbia, 


128 

Ibid. 

129 

Leerentveld H. et all, op.cit. 

130 


131 


132 

Leerentveld H. et all, op.cit. 

133 


36


§ 86. Depending on the extent of disability, persons with disabilities may attend regular 

or special schools. Because of the lack of equal opportunities for access to education, their 

education level is as a rule worse then of general population. Later this affects their position 

in the labor market and, consequently, other aspects of their life. According to PRSP, 50% 

of persons with disabilities only have primary school or less, 10% have completed special 

needs schools and 7% have higher education 134 . Namely, since these persons are traditionally 

referred to special schools, while in the majority of municipalities and towns such school do 

not exist, and for many parents it is unacceptable or impossible to part from their children to 

send them to school to another town, they interrupt or never enroll their children in schools. 

§ 87. The implementation of the new Law on the Basis of the Education System 135 should 

contribute to systematic and institutional organization of inclusive education in Serbia. 

This does not mean only the inclusion in the regular education system of persons with 

disabilities or with developmental challenges, but also to the inclusion and elimination 

of discrimination of Roma children as marginalized group of children and children from 

rural areas who finish primary school in a lesser percentage. The Law on the Basis of the 

Education System sets forth that developmentally challenged persons and persons with 

disabilities are entitled to education which takes into account their educational and 

upbringing needs in the regular education system, with individual or group additional 

support, or in a special pre-school group or school. One form of additional support to 

children is the introduction of the institute of an assistant pedagogue whose task is to 

help teachers and teaching staff in school extra curricular activities. 136 

§ 88. The change which this Law has brought refers in particular to the attempt to include 

as much as possible developmentally challenged children and children with disabilities 

into regular education system, i.e. to make sure that children are referred to special schools 

only when there is not other solution. Full implementation of the new inclusive education 

measures into the Serbian education system will require numerous and essential changes, 

time and involvement of all the employed in the education system, as well as support of 

professional community, professional associations, children and parents. This is all the 

more so having in mind the results of a focus group 137 which showed that teachers and 

other children’s parents show strong resistance to the idea of inclusion of persons with 

intellectual disability into regular schools and pre-school institutions. Around 16% of 

parents are against inclusive pre-school education. 

§ 89. The unemployment rate of persons with disabilities is very high – 74.5% 138 , 

although only 20,402 of such persons are registered as unemployed with the National 

Employment Service 139 . 

134 

2003 Poverty Reduction Strategy Paper of the Republic of Serbia, http://www.prsp.gov.rs/dokumenta.jsp 

135 


136 

Ministry of Education of the Republic of Serbia, http://www.mp.gov.rs/page.php?page=142 

137 


138 

Leerentveld H. et all (2006) op.cit. 

139 

Izveštaj o radu Nacionalne službe za zapošljavanje za 2010. godinu, Belgrade, February 2011. 



§ 90. The 2005 Labor Act explicitly prohibits discrimination based on disability (Article 

18), including discrimination during search for employment and related to work 

conditions, vocational training, promotion at work and termination. The employment of 

persons with disabilities who cannot find a job in the open labor market is governed by 

the Law on Professional Rehabilitation and Employment of Persons with Disabilities 140 

which was adopted in May 2009. The most important novelty introduced by this Law 

is an obligation of employers to hire a certain number of persons with disabilities; 

otherwise, they will have to pay a fine in the value of three minimum wages calculated 

in accordance with the labor regulations for every person with disability they failed to 

employ. However, the enforcement of these provisions has been postponed for one year 

and it is therefore still not possible to monitor their effects. Persons with disabilities may 

apply for a self-employment subsidy to the National Employment Service. Also, employer 

who hires a person with disability may be granted specific funds for adjusting work place 

to the needs of the employee. However, not many persons with disabilities make use of 

these opportunities. 

§ 91. In the Report on the Position of Persons with Disabilities in Serbia for 2006, it is said 

that anti-discrimination provisions in the area of industrial relations are good, but they 

are insufficiently applied in practice. There are no official statistics on the number of court 

proceedings, while NGOs report that none of scarce attempts to get court protection for 

the victims of discrimination has been finished in plaintiff’s favor 141 . 

§ 92. Low education level, high unemployment rate and general lack of equal opportunities 

result in a low income position. According to the survey quoted in PRSP, 70% of persons 

with disabilities have very low income and may be considered poor 142 . 

§ 93. Many persons with disabilities are disability pensioners, but compensatory rights 

which the state is obliged to provide are insufficient for living. An additional obstacle 

for the realization of rights and potentials of persons with disabilities is the fact that the 

system of personal assistants is not developed in Serbia 143 . Other services that persons 

with disabilities may use in order to live in community are essentially designed for the 

elderly and are insufficient for the needs of persons with disabilities. 

§ 94. There are 20 institutions in Serbia that provide residential care for persons with 

disabilities, above all for persons with intellectual disabilities; 5,365 persons currently live 

in residential institutions 144 . Parents often leave mentally challenged children right after 

their birth, without even seeing them – they are often advised to do so by the doctor, so 

that such children spend their entire life in the institution 145 . These institutions are often 

140 

Službeni glasnik RS, br. 36/09. 

141 

Tatić D. (2007), op.cit. 

142 

2003 Poverty Reduction Strategy Paper of the Republic of Serbia, http://www.prsp.sr.gov.yu/dokumenta.jsp 

143 

Pilot project of personal assistance service in five towns in Serbia – Center for Independent Living of Serbia with support of foreign donors and 

sector ministries of the Government of Serbia. 

144 

Tatić D. (2007), op.cit. 

145 


38


in poor shape and understaffed. Hence, besides medicamentous therapy, residents have 

only a few other contents at disposal that would positively affect their progress. Mental 

Disability Rights International’s report “Torment not Treatment – Serbia’s Segregation 

and Abuse of Children and Adults with Disabilities” 146 , released in late 2006, sparked 

enormous resentment of the government and shocked the public. Namely, in addition to 

compliments to government’s commitment to improve the position and social inclusion of 

persons with disabilities, accusations have been made, accompanied by adequate photos, 

claiming that persons living in homes for mentally challenged persons are exposed to the 

treatment that is not far away from torture. Further, a legal framework is lacking which 

would prevent the practice of depriving persons with disability of their legal capacity 

and putting them under guardianship. Serbia still does not have developed alternative 

programs for non-institutional care for mentally challenged persons, while special foster 

care is still in its early stage. Families with children with disabilities often have little or no 

support to provide care to their children, both in financial terms (because some types of 

disabilities require permanent presence of a parent who for that reason cannot have a job) 

and in terms of availability of experts who are specialized in certain conditions. 147 

§ 95. In December 2006, the Government of Serbia adopted the National Strategy for 

the Advancement of Position of Persons with Disabilities for 2007-2015, but action plans 

for its implementation have not been made yet. Since 2000, there were two advisory 

bodies within the Government of Serbia in charge of disabilities issues – the 2002 Council 

for Persons with Disabilities, which made the draft of the said Strategy and the 2004 

Council or Disabilities Issues, which comprises the representatives of government and 

organizations of persons with disabilities. However, this advisory body meets really 

seldom and it may be said that it exists only formally. In 2009, the Republic of Serbia 

ratified the UN Convention on the Rights of Persons with Disabilities from 2006 148 . 

§ 96. In the last couple of years a strong movement of persons with disabilities emerged 

in Serbia, advocating for the social model and approach to disability, starting from 

presumption that disability is a social and not a health phenomenon, while persons 

with disabilities are put in the position of disadvantage and inequality thanks to social, 

physical 149 and communicational and attitudinal barriers. These organizations share 

the same problems with the rest of the civil society in Serbia. Our country has a strong 

tradition of associations of persons with disabilities, which have government’s support. 

The main objection concerns the fact that the state recognizes only those organizations 

that are based on membership and benefits and that gather persons with disabilities with 

the same diagnosis, but not those fighting for the rights of persons with disabilities. 


146 

http://www.mdri.org/PDFs/reports/Serbia-rep-english.pdf 

147 

Ibid. 

148 

Official Gazette of RS – International Treaties no. 42/09, http://www.un.org/disabilities/countries.asp?navid=17&pid=166 

149 

Physical barriers are present with regard to access to health, not to mention access to education, entertainment, sport and the like. 


NATIONAL MINORITIES IN SERBIA 

I.7. National Minorities in Serbia 

§ 97. According to the 2002 census, national minorities that live in Serbia without 

Kosovo and Metohija are Hungarians (293,299), Bosniaks (136,087), Roma (108,193), 

Montenegrins (69,049), Croats (70,602), Albanians (61,647), Yugoslavs (80,721), 

Macedonians (25,847) and Slovenians (5,104). Other relevant ethnic communities are 

Slovaks, Bulgarians, Romanians, Ruthenium, Jews, Germans, Russians, Czechs, Turks, 

Tzintzars, Chinese, Egyptians, and Askalia. 

§ 98. According to the 2006 Constitution 150 , the state shall protect the rights of national 

minorities and guarantee them special protection for the purpose of exercising full 

equality and preserving their identity. The constitution prohibits discrimination against 

national minorities, guarantees them equality in administering public affairs and the 

right to preservation of specificity. The prohibition of forced assimilation includes the 

prohibition of undertaking measures which would cause artificial changes in ethnic 

structure of population in areas where members of national minorities live traditionally 

and in large numbers. FR Yugoslavia, whose legal successor the Republic of Serbia is, 

signed in 2002 the Council of Europe’s Framework Convention for the Protection of 

National Minorities. In the same year, the Law on the Protection of Freedoms and Rights 

of National Minorities 151 , was adopted at the level of the then federal state. This law is 

still in force. Questions of importance for the position of national minorities are regulated 

by numerous other laws 152 . Serbia has ratified the most important universal and regional 

international treaties for the protection of human rights, including the rights of national 

minorities, such as the European Charter for Regional or Minority Languages 153 . 

§ 99. The Constitutions enables persons belonging to national minorities to elect their 

national councils in order to exercise the right to self-governance in the field of culture, 

education, information and official use of their language and script. The work of the 

national councils is regulated by the Law on National Councils of National Minorities 154 

§ 100. The national minority councils 155 are elected based on the voters register that 

is kept for every minority separately based on the voluntary registration. The election 

may be organized via an electorate assembly or directly, when the percentage of citizens 

who declared themselves as belonging to that minority at the last census exceeded 

40%. The first elections for national councils were held in June 2010, after which 18 

out of 19 national councils were constituted. The Ombudsman, the Commissioner 

for the Protection of Information of Public Importance and Personal Data, NGOs and 

citizens reported numerous irregularities during the election process, for some of which 

150 


151 

Official Journal of FRY, no. 11/2002 and Official Journal of SCG, no. 1/2003 – Constitution Charter. 

152 

E.g.. the Law on the Prohibition of Discrimination, the Law on Political Parties, etc. 

153 

Reports on human rights in Serbia 1998-2007 of the Belgrade Center for Human Rights. 

154 


155 

Data on the election of national councils presented based on Human Rights in Serbia 2010 – Legal Provisions and Practice Compared to International 

Human Rights Standards, Belgrade Center for Human Rights, Belgrade, 2011. 

40


criminal reports were filed. This above all refers to voluntary registration in the voters 

register. Namely, the Instructions on the Separate National Minority Voter Register 

Entry Procedure 156 which regulated this issue enabled the application for registration 

to be submitted by a third party, not necessarily the voter not requiring any additional 

documentation from that party, not even a photocopy of the ID of the person to be 

entered in the voter register. Since the Ministry failed to put rights this shortcoming in 

spite of being informed about the situation, many citizens were registered in the voter 

register based on forged signatures, i.e. against their will. 

§ 101. National councils were constituted based on the Rules of Procedure adopted by 

the Ministry for Human and Minority Rights. For constituting the council, the session had 

to be attended by the absolute majority of the elected members, except for the Bosniak 

National Council, where the two-thirds of the elected members were required, whereas 

this requirement was laid down on the eve of the constituent session. Since the session 

was boycotted by more than a third of the elected members, the Council remained 

unconstituted. In response to the Ombudsman’s reaction, the Ministry for Human and 

Minority Rights said that the Rules of Procedure had to be amended because of the need 

to protect the electoral will of the voters and not with the intention to discriminate 

against Bosniak minority on national grounds. Still, it seemed that this was about the 

fact that the Government of Serbia was not satisfied with the elected majority over which 

it had no control. 

§ 102. Since Roma are the largest and yet the most marginalized ethnic minority that 

lives in Serbia, in this article, we will focus on the position of Roma community in Serbia. 

§ 103. Although according to the last census, there are 108,000 Roma living in Serbia, 

their actual number is estimated at around 450,000 - 500,000 157 . The Government of 

Serbia has signed the Declaration of the Decade of Roma Inclusion and at the beginning 

of 2005 adopted an Action Plan for the Advancement of Roma Education. Still, the 

position of Roma in our country is very hard. Roma people are exposed to permanent 

discrimination and ethnically motivated attacks, they often live in horrible conditions, 

faced with the problem of not having identity documents and other obstacles for the 

realization of their civil and human rights. 

§ 104. Roma community in Serbia, particularly Roma who live in Roma settlements, 

often live in enormous poverty, which result in social exclusion. 67% of Roma children 

from Roma settlements are poor, while 62% of Roma families with children are below 

the poverty line 158 . Life in poverty and social exclusion fully shape further life of Roma 

children, including poor inclusion into the education system, inadequate access to health 

156 

Instruction on the Separate National Minority Voter Register Entry Procedure, Ministry for Human and Minority Rights of the Republic of Serbia 

no. 290–111–00–00009/2009–05. 

157 

Breaking the Cycle of Exclusion. Roma Children in South East Europe, UNICEF, Belgrade, 2007. 

158 



NATIONAL MINORITIES IN SERBIA 

care, early marriages 159 , lack of skills and knowledge demanded in the labor market and 

continuation of the circle of poverty. 

§ 105. According to the 2002 census, 20% Roma are fully illiterate and 78.7% do not have 

primary school. 76% of Roma children attend primary school but as little as 13% complete 

it 160 ; this percentage ranges between 21-37% according to some other sources. 161 . Poor 

inclusion of Roma children into the education system is mainly due to poverty: on one 

side, parents cannot provide clothes and books for school to their children, while children 

themselves often have to work in order to provide a living 162 . Although one-year preschool 

education has been mandatory since 2006, as little as 4% of Roma children 163 

are included in the program designed to prepare children for school. In addition to the 

fact that many children talk with their parents and relatives only in Roma language, this 

contributes to unsatisfactory results Roma children have at tests that are done before 

primary school. For this reason, Roma children are often put in classes for mentally 

challenged children, and when they are placed in regular schools, they have problems to 

adjust 164 . The overrepresentation of Roma children in special schools is shown, inter alia, 

in the fact that in nearly two-thirds of special schools there is more than one child from 

the same Roma family enrolled. In the survey conducted by the Open Society Institute 165 , 

it is further said that parents and pupils themselves often chose such schools because 

they feel safer there. More than a half of Roma pupils who attend special schools stared 

their education enrolled in mainstream schools, but have been transferred to special 

schools for poor achievement, class repetition and aggressive behavior as reaction to 

discrimination. Both school peers and teachers do not accept Roma children well 166 . 

§ 106. Some children who drop out from primary school later continue education in 

schools for adults. The share of Roma is falling at higher education levels. As little as 7% of 

Roma children enroll in secondary school and 0.3% graduate from college or university 167 . 

In 2010, the number of Roma children who enrolled in the first grade of primary school 

was up by 9.87% compared with the last academic year. This is a result of measures 

aimed at increasing the enrollment and reducing the dropout of Roma children that have 

been implemented within the Uniform Action Plan for Roma Education. 

§ 107. The Office for Roma Inclusion, established by the Executive Council of Vojvodina for 

the purpose of joining the projects of the Decade of Roma Inclusion, has been operational 

159 

MICS3 Preliminary results – over 40% of Roma girls aged 15-19 are married or live in a union, while as much as 12% of Roma girls aged 15 are 

married or in informal partnership, quoted from The State of Children in Serbia 2006. Poor and Excluded Children, UNICEF, Belgrade, 2007. 

160 

Petrović M., Vučković-Šahović N., Stevanović I., Prava deteta u Srbiji 2006. godine, Centar za prava deteta, Beograd. 2007. 

161 

Roma Education Fund, according to: Millennium Development Goals in the Republic of Serbia,, Monitoring Framework, Government of Serbia, 


162 


163 

MICS3 Preliminary results quoted from The State of Children in Serbia 2006. Poor and Excluded Children, UNICEF, Belgrade, 2007. 

164 

Ibid 

165 

Roma Children in “Special Education” in Serbia – Overrepresentation, Underachievement and Impact on Life, Research on schools and classes for 

children with developmental difficulties, Open Society Institute, New York – London – Budapest, 2010. 

166 


167 

Ibid 

42


since May 2007. In cooperation with other organizations, the Office carries out a program 

for scholarships for Roma secondary school pupils in Vojvodina. During the first 100 days, 

156 Roma secondary school pupils and 27 Roma students who attended schools in the 

territory of Vojvodina were given scholarships 168 . Support to education of Roma pupils has 

been successfully continued over the following years. 

§ 108. The citizens of Serbia lack the awareness of the problem of Roma exclusion and 

think that Roma children are not sufficiently included in the education system because 

of poverty (30%) and tasks imposed by their parents (34%), while Roma parents are 

not willing to cooperate with educational institutions regarding their children (33%); 

40% of respondents think that only a few Roma are willing to fully cooperate, while 

20% believe that such cooperation is reduced to the initiative by educational and other 

state institutions 169 . 

§ 109. In Roma community, the most vulnerable and the most excluded are those who 

live in Roma settlements and displaced persons from Kosovo and Metohija. Additional 

problem for these people and considerable obstacle for the realization of their rights 

is the fact that they are often not entered into birth registries or citizenship registries, 

for which reason they cannot obtain personal documents. Other members of Roma 

community too suffer systemic discrimination in the realization of their basic human 

rights (to social welfare, employment and education), since these rights may be enjoyed 

only by persons with registered permanent residence, which they cannot obtain because 

of living in illegal settlements. 170 In 2009 and 2010, Roma people were exposed to 

forced evictions, most often from the so-called “unhygienic” settlements in Belgrade, 

which were organized in a very inhumane way, often without giving the residents the 

possibility to collect their movables first and without working out solutions for the next 

steps. To make the city prettier for tourists and athletes who were coming to the 2009 

Summer Universiade, city authorities knocked down Roma settlements in the vicinity 

of the University village before safe, appropriate and sustainable accommodation had 

been found for the residents. In the end, they had to move away because they had no 

choice; it could be read later in the media that they complain that the City failed to fulfill 

what had been agreed when they agreed to move out, and that the location of their 

new settlements is inappropriate for their work (they mostly collect waste), so that now 

they are not capable of supporting their families. How non-Roma inhabitants of Belgrade 

perceive their Roma neighbors could be illustrated by the protests that regularly occur in 

the Belgrade suburbs where the authorities announce the building of Roma settlements. 

Moreover, these forced evictions constituted violation of the right to free movement and 

settlement, since persons who did not have registered residence in Belgrade had to move 

168 

www.b92.net, 24 September 2007. 

169 

Survey carried out by “Prosvetni pregled” and information agency “Ipres”, Vreme no. 876, 18 October 2007. 

170 

Minority Rights Center http://www.mrc.org.yu/?id_tekst=11&sta=saopstenja 


NONGOVERNMENTAL ORGANIZATIONS IN SERBIA 

to the municipality of their last registered residence, although they did not have jobs or a 

place to live in these municipalities and although it was against their will 171 . 

§ 110. Roma people were discriminated in Belgrade also on the occasion of disposal of 

apartments built within the 1100 Apartments in Belgrade Construction Project. Namely, 

criteria for getting the apartment comprise the length of service and the relevance of the 

applicants’ jobs, putting at a disadvantage the unemployed, people who are working but 

are not registered as employed and people with a low education level 172 . 

§ 111. The 2005 Health Care Act 173 for the first time introduced special treatment for 

Roma people who, due to traditional lifestyle, do not have permanent residence in Serbia. 

They are entitled to subsidized health insurance when they are not ensured on some other 

grounds. Although such solution is praise-worthy, there is a concern over data on the 

health status of Roma children: infant mortality rate is very high and they are much 

more often malnourished or underdeveloped compared with general population 174 . These 

problems are shared by non-Roma population that lives under the poverty line, too. 

§ 112. Moreover, according to the Regulation on Manner and Procedure for Realizing 

the Rights from Mandatory Health Insurance 175 , Roma citizens are enabled to submit a 

personal statement on the place of temporary residence instead of proof of residence 

when applying for health card. This has made it possible for Roma people who live in 

informal settlements and other “legally invisible” Roma to have access to health insurance. 

This Regulation represents a significant progress towards better access to health care for 

the members of Roma community, which is confirmed in the report on the activities of 

governments involved in the Decade of Roma Inclusion 2005-2015, published by “Decade 

Watch”, international initiative of activists for Roma rights 176 . 

§ 113. With regard to violence, Roma people are attacked both by neo-Nazi and rightwing 

groups, and by other citizens. According to the Roma Party, Roma people and Roma 

settlements are attacked once a day on average 177 . These attacks sometimes result in 

death: in 1997, in downtown Belgrade, a group of skinheads beat to death thirteen-year 

old Roma boy Dušan Jovanović. In 2001, Belgrade actor Dragan Maksimović was killed by 

a group of skinheads and football hooligans who thought that he was Roma. The Roma 

Party activists stress that the number of attacks against Roma people is permanent, but 

ethnically-based incidents are more frequently reported today because Roma people 

have more trust in the state. However, while in some communities the police respond 

171 

Briefing to the UN Committee on the Elimination of Racial Discrimination 78 th Session: Serbia, 31 December 2010, according to: Human Rights in 

Serbia 2010 – Legal Provisions and Practice Compared to International Human Rights Standards, Belgrade Center for Human Rights, Belgrade, 2011. 

172 



173 


174 


175 


176 



177 

Momir Turudić, “Romi na udaru: Do kraja nasilja“, Vreme no. 868, 23 August 2007. 

44


professionally and properly to the cases of violence against Roma, it still happens that 

police officers themselves show racism when working with Roma 178 . 

§ 114. Several Roma political parties are registered in Serbia. At the 2008 parliamentary 

election, only Democratic Roma Left managed to win one seat in the National Assembly. 

115. In October 2009, with the exhibition of Roma written culture under the title “Alav 

e romengo”, the first Museum of Roma Culture 179 was opened in Belgrade as the first 

museum of this kind in Europe. The Museum has been established by “Roma Community 

Center 8 April” with support of the Assembly of the City of Belgrade because of the need 

to collect, systematize and present the artifacts of Roma culture. Since the space in which 

the museum was located became insufficient one year later, one part of materials was 

presented as a virtual museum. 

§ 116. The Strategy for Improvement of the Status of Roma in the Republic of Serbia was 

adopted in 2009, as well as the Roma Health Action Plan for the period 2009-2015. 

§ 117. Roma community in Serbia is rather large but Roma people are talked about only in 

the context of poverty, unhygienic settlements, begging and forced marriages, while very 

little is known about Roma culture, history and tradition. Although having lived here for 

centuries, Roma people in Serbia are treated as newcomers who do not belong here, but 

while they are here at least they should know their place. 

I.8. Nongovernmental Organizations in Serbia 

§ 118. Modern societies are characterized by a developed civil society sector which is 

an important agent of social control. Nongovernmental organizations in Serbia emerged 

during the 1990s. These organizations have arisen out of a need to bridge the gaps that 

existed within the communist system or emerged after its collapse and, more importantly, 

to initiate changes and draw attention to various irregularities and shortcomings in the 

building of a new social system. Because of insisting on questions that were not desirable 

or prioritized for official politics, such as human rights, war crimes, responsibility, violence 

and the like, they were under permanent pressure of the Milošević regime. Their prominent 

activists were subjected to fierce media campaign, being marked as “traitors”, “spies”, 

“non-patriots” and “foreign mercenaries”. Public opinion was made to see NGOs as a 

group of people that worked following “instructions from abroad”, thus making enormous 

profits. It is still difficult to deconstruct some of the stereotypes built at that time. 

§ 119. Although it was expected that change of the climate in society in 2000 would 

bring changes in the perception and actual status of NGOs, it did not happen. At first 

new democratic administration was more benevolent towards civil society activists. 

Government and NGOs started working in partnership, but it soon became obvious that, 

with a few exceptions, communication and cooperation often resulted from the pressure 

178 

Ibid. 

179 

http://www.romamuseum.rs 



of international donors and not real awareness of both the role and significance, and 

expertise and capacities of NGOs. 

§ 120. NGO activists are still often exposed to insults, threats and attacks 180 . Organizations 

focused on the issue of war crimes and facing the past are in particularly difficult position. 

Still, The Survey into Perceptions and Attitudes of Public Opinion regarding the NGO 

sector in Serbia 181 conducted in 2009 shows that, although the first associations to the 

word “NGO” have not changed compared with 2006, there is significantly less negative 

associations today (27%) than three years ago (35%). The number of people who see 

NGOs as spies and enemies who work against the interest of their own people is down, 

with increasing number of those who have positive associations to NGOs. 

§ 121. Government’s attitude towards NGOs is clearly illustrated by the dynamics of 

passage of the Law on NGOs. All governments formed after 2000 had the passage of this 

Law among their priorities, but until 2009, the work of NGOs in Serbia was regulated by 

the Law on the Association of Citizens into Associations, Social and Political Organizations 

Established in the Territory of the Socialist Federal Republic of Yugoslavia 182 ,, the Law on 

Social Organizations and Citizens Association of the Socialist Republic of Serbia 183 and the 

Law on Memorials, Foundations and Funds of the Republic of Serbia. 184 The new Law on 

Associations was adopted in July 2009 185 . It is stressed in the professional community 186 

that although the law itself is not bad, it allows political parties and self-governance 

institutions to found an association. This possibility is used to simulate cooperation 

between state institutions and NGOs which is often a prerequisite for applying for 

international donations. Moreover, the passage of the new Law on Association was not 

accompanied by bylaws that would regulate in more precise and more appropriate way 

financial operations and taxation of NGOs. 

§ 122. In April 2010, the Government of Serbia established an Office for Cooperation 

with Civil Society that should work on permanent dialogue between government and civil 

society on issues of general and common interest 187 . 

§ 123. In previous years, different ministries have been in charge of registering citizens’ 

associations: Ministry of the Interior, Federal Ministry of Justice, Ministry for Human 

and Minority Rights of Serbia and Montenegro and, finally, Serbian Ministry for Public 

Administration and Local Self Government. According to the new Law on Associations, 

authority responsible for the registration of NGOs is the Serbian Business Registers 

180 

E.g. the then Director of the Serbian Security Intelligence Agency publicly said that the Agency watched the work of certain NGO. Source: www. 

b92.net of 1 November 2007. 

181 

Građanske inicijative, Istraživanje percepcija i stavova javnosti o nevladinom sektoru u Srbiji 2009. godine, www.gradjanske.org/admin/download/ 

files/cms/attach?id=281 

182 

Official Journal of SFRY, no. 42/90 etc. 

183 

Official Gazette of SR Serbia, no. 24/82, 39/83, 17/84, 50/84, 45/84 and 12/89. 

184 

Official Gazette of SR Serbia, no. 50/89. 

185 

Official Gazette of SR Serbia, no. 51/09. 

186 

Roundtable “Law on Associations – One Yea Later”, held in Belgrade on 26 November 2010 within the project the “Civil Society Advocacy 

Initiative” implemented by the Institute for Sustainable Communities. 

187 

http://www.crnps.org.rs/tag/kancelarija-za-saradnju-sa-civilnim-drustvom 

46


Agency. Registration is voluntary, but it is a condition for obtaining a status of legal entity. 

Since the deadline for registration is 22 April 2011, the existing data on the number of 

registered associations at the Serbian Business Registers Agency is not relevant 188 . Until 

the expiry of this date, we may talk about the number of NGOs in Serbia only based on the 

data of the Statistical Office of Serbia, according to which there were 27680 registered 

NGOs as of 31 December 2009 189 . According to the NGO Directory, run by the Center for 

Development of Non-Profit Sector (CRNPS), there were 2247 active nongovernmental 

organizations in Serbia as of 31 January 2011 190 . 

§ 124. Tax regulations of relevance for work of NGOs in Serbia are inconsistent and in 

some segments restrictive. Tax legislation is rather uneven in terms of tax relieves for 

NGOs, too. With regard to tax and contribution rates on paid fees, NGOs are treated 

like enterprises, i.e. for-profit legal entities and are in no way tax empted or relieved. The 

long-waited Law on Volunteering 191 came into force six months after its passage in the 

mid-2010. However, NGOs estimate this Law as over-regulated, stressing that some of 

its provisions make the hiring of volunteers and the work of civil society in Serbia much 

more difficult. 192 . 

§ 125. A particular problem refers to different and contradictory interpretation of laws 

that govern financial operations. Namely, since the autumn of 2006, local tax authorities 

in certain Serbian municipalities, in particular Stari Grad municipality in Belgrade and 

some municipalities in Serbia, have started the examination of financial operations of 

NGOs, especially areas regulated by the Property Tax Law, Article 14, Paragraph 2 193 . 

Namely, competent tax authorities interpreted this Article as an obligation of NGOs to 

pay additional property tax on all donations, that are in this case observed as gifts 194 . 

It need not be said that this new interpretation of an old regulation have put those 

NGOs to which the tax authority issued an Order to pay the gift tax, retrospectively 

for 2005 and 2006, in a very unfavorable position. Thus, in November 2006, Belgradebased 

NGO AWIN (Association for Women’s Initiative) was faced with request by the 

Stari Grad municipality financial inspection to pay tax on all donations received 2005 and 

2006, retrospectively, within the period of 15 days. This request was reportedly made 

based on the Law on Property Tax, i.e. gift tax. Although donations which NGOs receive 

are not gifts, but grants made on the basis of a bilateral agreement stipulating what 

activities should be carried out with the donation received, AWIN was forced to pay this 

188 

Only 4800 organizations were registered in the first year, roundtable “Law on Associations – One Yea Later”. 

189 

Republički zavod za statistiku, Saopštenje broj 209 – god LX, 15. 07.2010, Pravna - lica u Srbiji stanje 30.06.2010. 

190 

Center for Development of Non-Profit Sector (CRNPS), upon voluntary registration of NGOs http://www.crnps.org.rs/ 

191 


192 

Presentation of the new Law on Volunteering in Novi Sad on 27 September 2010 organized by Civil Initiatives in cooperation with Provincial 

Secretariat for Labor, Employment and Gender Equality of AP Vojvodina, Vojvodina Fund for Development of NON Profit Sector, Novi Sad 

Humanitarian Center and European Center for Non Profit Law (Budapest). 

193 

Official Gazette of RS, no. 26/2001, Official Journal of FRY no. 42/2002 and Official Gazette of RS, no. 80/2002, 135/2004 and 61/2007. 

194 

In Article 21, Paragraph 1, Item 5 thereof, it is said that gift tax and inheritance tax shall not be payable by “a fund or a foundation on inherited 

property or property received as gift that is used for purposes for which the fund or the foundation has been established”. 



tax because otherwise their accounts would have been blocked and their entire work 

made impossible. 

§ 126. In February 2007, several NGOs met to discuss this problem and agree on future 

action 195 . After the meeting, a letter was sent to the Council for Relations with Civil 

Society of the President of Serbia, with request to propose specific measures in order to 

overcome this situation. Then the Council put the “initiating the passage of the new Law 

on Associations, which would regulate the status, operation and financing of associations 

and nongovernmental organizations” among its priorities. In November 2007, FENS 

Network sent 196 a letter of initiative to the Finance Ministry of Serbia, requesting this 

Ministry to reexamine the interpretation of Article 21 of the Property Tax Law “that 

governs the exemption of gift tax” and proposing “that the Finance Ministry issue an 

opinion that citizens’ associations shall not be subject to gift tax for monetary and other 

assets received from individuals and legal entities for the implementation of their projects 

and institutional development, envisaged in Article 21 of the Property Tax Law”. Finally, 

on 29 December 2010, the Serbian Parliament adopted the amendments to the Property 

Tax Law and revoked the 2.5% tax on gift and inheritance received by NGOs which value 

exceeds RSD 6,000 197 . 

§ 127. The Value Added Tax Law 198 also does not provide any exemptions for local NGOs. 

Namely, pursuant to Article 8 of the VAT Law, a taxpayer is a person who independently 

and in the course of his/her activity performs a supply of goods or services. The activity 

referred to in Paragraph 1 of this Article shall be any permanent activity of a manufacturer, 

salesman or service provider for the purpose of gaining income. In terms of the VAT Law, 

NGOs are not considered to be taxpayers, since they perform activities that are not for 

the purpose of gaining income (Article 25 of the Law). NGOs raise resources for their 

work from donations, gifts, etc, and purchase goods and services with VAT included in 

suppliers’ invoices, thus bearing the costs of VAT. 

§ 128. NGO Center for Development of Non Profit Sector (CRNPS) 199 has been conducting 

for several years the analysis of distribution of resources allocated in the Serbian budget 

within budget line 481 - “donations to nongovernmental organizations” 200 In 2009, 

RSD 8,737,664,007 were spent for that purpose 201 . Data on spending these resources 

were collected based on the request for access to information of public interest sent to 

the addresses of 166 municipalities and towns, although 28 of them failed to respond 

195 

Our opinion is that AWIN received minimum support from other NGOs regarding this matter. This example of absence of solidarity among NGOs 

might be due to the fear of similar “visitations and decisions by the tax administration”. 

196 

E-mail communication at “Women’s Affairs” mailing list, 2 November 2007. 

197 

Law amending and supplementing the Property Tax Law, Official Gazette of RS, no101/10. 

198 

Official Gazette of RS, no. 84/2004, 86/2004 – rev., 61/2005 and 61/2007. 

199 

In cooperation with NGO Transparency Serbia and financial support of the Fund for Open Society and the Institute for Sustainable Communities, 

the Center for Development of Non-Profit Sector is implementing the project “Line 481”, aimed at more transparent allocation and spending 

of budgetary funds intended for NGOs, providing access to budgetary assets under equal conditions for civil society organizations and building 

sustainable partnership of local governments, NGOs and the media. Source http://www.crnps.org.yu/forum_new/index.asp 

200 

Source http://www.crnps.org.yu/forum_new/index.asp 

201 

Around 93 million EUR. 

48


within the timeframe envisaged by the law. A detailed look at the structure of entities 

that received the money from the budget line 481, which is titled “donations to 

nongovernmental organizations” shows that, besides NGOs, it is used for financing sport 

and youth organizations, religious communities, political parties, cultural organizations, 

professional associations, historical archives, and the like. The largest individual beneficiary 

from budget line 481 is the Serbian Orthodox Church, followed by the Red Cross, which 

received half of that amount. Since four large groups that are financed from line 481 are 

presented together in the budget proposal which is every year adopted by the Parliament, 

it is not possible to see exactly how much the Government of Serbia allocated for each 

group. This could be found out only at the end of fiscal year through information on the 

execution of the budget. Believing that the distinction of these groups of beneficiaries in 

separate budget lines would provide better transparency of the budgetary process and 

better insight into the spending of tax payers’ money, CRNPS submitted such initiative 

to the Ministry of Finance twice –in 2007, when no response was received, and in 2010, 

when the initiative, supported with the signatures of 188 NGOs, was forwarded to the 

members of the Finance Committee of the National Assembly of Serbia, too. It is not 

possible to determine from the answer of the Ministry of Finance whether the initiative 

could be accepted or not, while no member of the Finance Committee expressed any 

opinion on this matter. 

§ 129. The Republic of Serbia aspires to become a member of the European Union. It may 

be said that we are at the beginning of this path and many areas of life in our country need 

to undergo reform and to change in order to become a modern and strong democracy 

which fully respects human rights of its citizens, which treats its citizens equally and 

inclusively, which invests in its children, which admits and bears the consequences of 

its mistakes from the past. The role of civil society is to help in this process, inter alia by 

pressuring the state when it observes any departures. But before everything else, civil 

society in Serbia need to fight for its formal status and recognition of its role, and above 

all for its independence. 


HUMAN TRAFFICKING AS A GLOBAL PHENOMENON 

II. HUMAN TRAFFICKING 

II.1.Trafficking in Human Beings as a Global Phenomenon 

§ 130. Human trafficking is a global phenomenon that hits all countries in the world: 

countries in political and economic transition, underdeveloped and developing countries, 

countries in war and post-conflict countries that appear as the countries of origin and 

transit of trafficking victims, and economically developed countries that appear as the 

countries of destination. Terms “the country of origin/source country”, “transit country” 

and “destination country” are not absolute categories – one country may be any of these 

in specific cases. Also, economic development and the wealth of destination country 

cannot be observed independently from the situation in the country of origin. 

§ 131. There are not reliable and comprehensive data on the size of the problem of human 

trafficking, but estimations made by international organizations and some national 

agencies may serve as a good indicator. According to the UN, 700,000 children, women 

and men fall victim to trafficking every year 202 . US State Department estimates this 

figure at 900,000, of whom 20,000 persons are exploited in the US territory 203 . In its 

2005 Report, International Labor Organization states that 2.45 million people every year 

become victims of labor exploitation 204 . According to UNICEF, 1.2 million children become 

trafficking victims every year 205 . Although it is still the dominant belief that only women 

and children may fall victim to trafficking, the truth is that anyone can be the victim. 

§ 132. Human trafficking is considered to be one of the three most profitable criminal 

activities, alongside drug trafficking and illegal arms trafficking. It is often referred to 

as “highly profitable and low-risk activity” because, on one side, it is estimated that 

traffickers’ profits range from a couple of billions to as much as 60 and even 500 billion 

USD 206 a year, while, statistically, only a small number of traffickers end up in court and 

are sentenced to long prison sentences. 

§ 133. The goal of human trafficking is the generation of profits through exploitation, 

either sexual exploitation, forced labor, forced begging, coercion into crime, illegal 

adoption, force marriage, organ trafficking or some other form. One of the common 

stereotypes is that traffickers subject their victims to sexual exploitation only and that 

only women and girls are at risk, neglecting other, equally present and important forms of 

exploitation, such as labor exploitation, which victims are most often men. 

§ 134. Human trafficking works on the supply-demand principle. On one side, 

unemployment, poverty, social exclusion, deprivation, wars, political instability, family 

202 

http://www.endhumantraffickingnow.com/public/structure/1_1.html 

203 

http://www.state.gov/g/tip/rls/rpt/23495.htm 

204 

A global alliance agaist forced labor: Global Report under the Follow-up to the ILO Declaration of Fundamental Principles and Rights at Work (Report 

of the Director General) International Labour Conference, 93rd Session 2005. 

http://www.ilo.org/wcmsp5/groups/public/@ed_norm/@declaration/documents/publication/wcms_081882.pdf 

205 

http://www.unicef.org/media/media_23970.html 

206 

http://www.endhumantraffickingnow.com/public/structure/1_1.html 

50

HUMAN TRAFFICKING 

violence, discrimination make people, in search of a better life or pure survival, look for 

jobs, education and other opportunities in some other town or country. On the other 

hand, in the globalization era, more developed and wealthier countries 207 generate 

growing demand for cheap products, cheap labor and cheap services. It is not irrelevant 

that the 20 th century was the century of numerous armed conflicts and international 

peace operations, which correlates with great demand for sexual services wherever the 

troops are located, as well as with the absence of institutions and the collapse of the 

system in countries in which the conflict occurs. All of these factors create favorable 

conditions for the growth of all kinds of crime, including human trafficking. Organized 

criminal groups have found their interest and possibility for enormous profits through 

matching such supply and demand. Besides socio-economic circumstances that generate 

the development of human trafficking, there are other reasons that may also make one 

country or region favorable for the recruitment of trafficking victims, such as natural 

catastrophes and too strict visa and immigration regulations of developed countries. 

§ 135. Trafficking victims are most often recruited through job offers – formal, marketed 

by employment agencies, or informal, made by relatives, friends, acquaintances or 

strangers; forced marriages; lover boy strategy; sale by parent/guardian or abduction. 

They come to the country of (temporary) destination either legally, with their own or 

fortified documents, or through smuggling channels. Most often only when they come to 

the destination country, trafficking victims realize what they are expected to do, although 

exploitation sometimes starts already in the transit phase. Traffickers control the victims 

by taking away their personal documents, keeping them isolated, their movement is 

strictly under surveillance, they are exposed to violence, blackmails and intimidation, 

while threats are not aimed at the victim only, but at the members of his/her family, too. 

Traffickers also encourage victims to become drug or alcohol addicted in order to break 

their resistance and ensure their full obedience. Moreover, victims are kept in permanent 

fear of possible repercussions if they attempt to run away and report to the police; they 

are made to believe that they are the actual perpetrators and that the police is corrupted 

and in collusion with traffickers. Debt bondage is sometimes used to pursue control. 

Namely, the victim is presented with the costs the trafficker incurred in order for her/ 

him to come to destination country, increased by the cost of interest and living costs, 

while she/he is kept in belief that as soon as she/he manages to pay out that money she/ 

he would be free. Victims are forced to work all day long, the major portion or sometimes 

even the whole earnings are taken away from them, they have no right to complain about 

working conditions; depending on the kind of exploitation, the victim has a “quota” that 

must be filled or otherwise she/he is deprived of food or punished. 

§ 126. The amount of money which the victim gets from the trafficker for her/his work 

207 

The level of development of the destination country should not be observed as such, but in the light of underdevelopment, poverty or instability 

of the country of origin. 


TRAFFICKING IN HUMAN BEINGS IN SERBIA 

is of no relevance for defining certain situation as human trafficking as long as the other 

elements that indicate to exploitation are present. It is important to have this in mind, as 

it has been observed in recent years that human trafficking in Serbia involves less violence 

than before and better “working” conditions, so that, in case of discovery, the traffickers 

could claim voluntary engagement of the victims. 

§ 137. Victims most often find their way out of the trafficking chain thanks to police 

raids, the help of a client or a third person or, less frequently, successful runaway attempt. 

Sometimes traffickers let their victims go, when they are not able to make profit any 

longer, but, being mentally and physically ruined, do not represent any threat. However, 

the largest percentage of victims never leaves the trafficking chain or, if they do, remain 

outside the system of assistance. 

§ 138. Human trafficking is a complex problem and different actors fight its different 

aspects. Although not every single act of human trafficking is linked to organized crime, but 

may appear as a crime of an individual, or even a crime of opportunity, organized criminal 

groups are those that run and control the largest portion of this “business”. In public-law 

and strategic context, a serious state must not allow the growth of organized crime in 

its territory, as it brings economic destabilization due to increased money laundering, 

corruption rise in the public sector, political corruption, the loss of control over border 

management and similar, resulting in the purchase of political power and the creation of 

a criminal state. However, not less important aspect which civil society insists upon and 

state authorities are often prone to neglect is the fact that human trafficking is a form 

of the gravest violation of victims’ human rights. In addition to human rights violation 

which victims suffer while they are exploited, their situation changes only slightly even 

when they manage to find a way out. Although the process of recovery and reintegration 

is hard, long and uncertain in itself, on the top of it victims are forced to fight prejudice 

and the lack of understanding on the part of their surroundings and institutions, and are 

often exposed to secondary victimization by those who are supposed to provide them 

with assistance and support. 

§ 139. Although it may sometimes look as if this is a new problem which has arisen only 

recently, human trafficking is actually a phenomenon that has been present and tolerated 

in different forms throughout history. At the end of the 20 th century, it flourished in 

Europe thanks to extensive socio-political changes that took place in Eastern Europe. 

The economic collapse that accompanied the transition from socialism into capitalism 

and parliamentary democracy, together with false impression of a good and worry-free 

life on the other side of the former “iron curtain” which they knew nothing about, made 

many people, especially women and girls, to go to Western Europe. Wars in the territory 

of former Yugoslavia only contributed to the establishment of a safe transit route, which 

was often a place for temporary exploitation of trafficking victims, too. 

52


§ 140. Already at the beginning of the 20 th century, international community sensed a 

need to internationally ban such practices 208 . Article 4 of the Universal Declaration of 

Human Rights, which UN General Assembly adopted in 1949, strictly prohibits any form 

of slavery and slave trade. Soon followed other international treaties and convention that 

prohibited practices that might be associated with trafficking in human beings. Finally, in 

2000, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women 

and Children 209 was adopted, supplementing the UN Convention against Transnational 

Organized Crime, as the first document addressing the problem of human trafficking in 

a modern way and, with all its deficiencies, giving a comprehensive definition of this 

phenomenon. The shortcomings of this instrument in terms of the protection of trafficking 

victims have been made up by the 2005 Council of Europe’s Convention on Action against 

Trafficking in Human Beings which the Republic of Serbia ratified in May 2009 210 . 

II.2. Trafficking in Human Beings in Serbia 

§ 141. Trafficking in human beings first appeared in the region of Western Balkans in the 

late 1980s and was present throughout the 1990s, although an organized anti-trafficking 

effort and national referral mechanism in the Republic of Serbia have been built only in 

the last ten years. Namely, the Socialist Federal Republic of Yugoslavia, including Serbia 

as one of its parts, stood out among other former communist countries in the region 

thanks to its better standards of living and its openness to the West. For this reason, 

during the 1980s SFRY was very attractive for women from East European countries. In 

this period, Serbia was to the greatest extent the country of final destination of trafficked 

persons. However, in early 1990s situation changed dramatically. The disintegration of the 

country, economic collapse, armed conflicts, the presence of foreign military troops etc. 

affected increase in the number of trafficking victims, whereby Serbia became primarily 

a transit country. Due to its geographical position, the territory of Serbia was convenient 

for the transit of trafficked women from Bulgaria, Moldova, Russia and Ukraine on their 

way to Bosnia and further on to Italy, Spain, France and Central and North Europe, or to 

Kosovo and Macedonia, and further on to Greece and the Near and Far East. 

§ 142. There is no doubt that during this period Serbia has also become to a great 

extent the country of origin of trafficking victims. Bad economic conditions, reflected in 

unemployment rise and the pauperization of the population, and changed social relations 

which resulted in more intensive marginalization of women, growth of violence in general 

and particularly family violence, and the feminization of poverty, became significant 

drivers of migration, especially of female population. In search for work in foreign 

208 

International Agreement for the Suppression of the White Slave Traffic – 1904, Convention for the Suppression of the Traffic in Women and 

Children – 1921, Convention for the Suppression of the Trafficking in Women of Full Age – 1933. 

209 

Law on the ratification of the United Nation’s Convention against Transnational Organized Crime and Protocols Thereto (Official Journal of FRY – 

International Treaties, no. 6/2001) 

210 

Law on the ratification of the Council of Europe’s Convention on Action against Trafficking in Human Beings, Official Gazette of RS – International 

Treaties no. 


TRAFFICKING IN HUMAN BEINGS IN SERBIA 

countries, women have been accepting job offers from people from their surroundings 

(friends, acquaintances, neighbors, relatives…) or responding to job advertisements 

offering them the jobs of waitresses, dancers, baby-sitters, nurses etc. Contrary to their 

expectations, many of them ended up in the countries of the region or Western Europe, 

forced into sex industry. In recent years, victims have often been recruited through the 

use of modern technologies. 

§ 143. The US State Department, in its 2001 Trafficking in Persons Report (TIP Report) 

classified the Republic of Serbia into Tier 3, assessing that it did not fulfill minimum 

standards in combating human trafficking. One year later, Serbia passed into Tier 2, 

but already in the 2004 TIP Report, it was put in Tier 2 Watch List. As it was explained 

in the Report: “The Tier 2 Watch List designation is based on the weighted aggregate 

of their efforts, which showed a lack of significant progress, especially in the case of 

Montenegro 211 ”. Since the 2005 TIP Report until today, the Republic of Serbia has been 

classified as Tier 2 country. 

§ 144. As far as the size of the problem of human trafficking in Serbia is concerned, it is 

very difficult to find precise data on the total number of identified or assisted victims, 

not only because of well-known problem of grey figure. Namely, NGOs which provide 

direct assistance keep the records on their beneficiaries, the Agency for Coordination 

of Protection of Trafficking Victims (hereinafter: the Agency) keeps the records of the 

persons to whom the status of the victim was recognized, while the police keep data on 

the number of criminal reports filed and consequently on the number of perpetrators and 

injured parties. It is not surprising that the number of victims does not match, because, if 

we put aside the fact that there are no uniform criteria for recognizing a person as a victim 

of trafficking 212 , data do not refer to the same period of time. Actors that keep records, 

given their field of work, do not always come in contact with the same trafficking survivors. 

On the other hand, many victims were assisted by several organizations and institutions, 

being separately registered by each of them. Since the comparison of individual files has 

never been done, this multiple registration of the same persons could be substantial. 

§ 145. The following data are most often quoted as relevant indicators of the situation 

in Serbia: 

• In the period March 2004 – December 2010, the Agency for Coordination of Protection 

of Trafficking Victims provided assistance to 484 trafficked persons 213 ; 

• In the period March 2002 – December 2010, 351 trafficked persons were identified 

and/or assisted through ASTRA SOS Hotline; 

• Since June 2004, Temporary Home ran by NGO Atina assisted 123 trafficked persons 

within its three programs 214 .; 

211 

Here they refer to the case of trafficking in a Moldovan national known in public and in the media as “S.C” case. 

212 

For example, ASTRA does not insist on the identification by the Agency as a condition for providing direct victim assistance. 

213 

Data obtained from the Agency fro Coordination of Protection of Trafficking Victims for the needs of ASTRA E Newsletter. 

214 

Galonja A., Jovanović S., Zaštita žrtava i prevencija trgovine ljudima u Republici Srbiji, (Zajednički program UNHCR, UNODC i IOM za borbu protiv 

54


• In the period January 2002 – October 2010, NGO Counseling Center against Family 

Violence 215 provided care to 270 trafficked persons in their Shelter for Trafficking 

Victims and Safe Houses for Domestic Violence 216 . 

§ 146. Analyzing available data on human trafficking, the following conclusions may be 

drawn regarding the situation in Serbia 217 : 

§ 147. Serbia is the country of origin, transit and destination of trafficking victims, 

registering an increase in internal trafficking 218 which contributed to the visibility of 

domestic citizens among identified victims, i.e. of the fact that Serbia is the country of 

origin of trafficking victims, too. Since 2008, internal trafficking, i.e. trafficking which 

takes place in the territory of Serbia without crossing international borders, constitutes 

around one half of all trafficking cases registered in the country. 

§ 148. Domestic nationals dominate among identified victims in Serbia. Of all victims 

identified by ASTRA, 262, i.e. 75% were the citizens of Serbia. Until 2004, most of the 

victims were foreign citizens, but this situation changed in 2006-2007 when domestic 

victims took the lead (73.9%). Both according ASTRA’s and the Agency’s data, foreign 

nationals accounted for 12-15% of victims identified in 2008 and 2009, in 2010 domestic 

national constituted as much as 95%. All children whom ASTRA identified and/or assisted 

since 2007 were the citizens of Serbia. 

§ 149. Since 2004, an increase in the number of children in the trafficking chain has also 

observed. While in 2002-2003, children constituted 10% of identified victims, their share 

reached 46.51% in 2004-2005, 44.93% in the next two-year period and 40.38% in 

2008-2009. Observed at the level of the whole period under consideration (2002-2010), 

children made up as much as 38% of the total number of identified trafficking victims. 

Still, Serbia does not have specialized programs and procedures for children – victims of 

trafficking. Children receive the same assistance as adult victims, they share the shelter 

and undergo the same treatment. 

§ 150. Human trafficking is certainly a gender issue. Women and girl exposed to sexual 

exploitation are most frequent victims of trafficking in Serbia (88.6% according to 

both ASTRA and the Agency). However, the number of male victims has been on the 

rise. ASTRA identified the first male victim in 2004. Adult men are trafficked for labor 

exploitation, mostly in construction sites in foreign countries. Due to cultural and 

patriarchal reasons (men are not prone to recognize themselves as victims), the way of 

exploitation (exploitation in construction industry which often involve an enormous 

number of victims) and unclear procedures for identification, it often happens that a 

trgovine ljudima), Beograd, 2010. 

215 

This NGO used to run one shelter for trafficking survivors and three shelters for the victims of family violence. 

216 

Data obtained from the organization for the needs of annual ASTRA E Newsletters; this figure includes children who accompanied their mothers 

in the Shelter. 

217 

Unless stated otherwise, all facts and figures about victims and trends are based on ASTRA SOS Hotline statistics. For detailed analysis, please see 

the statistics of ASTRASOS Hotline in Annex 1. 

218 

Form of human trafficking where victims are recruited and exploited in the same country. 


ANTI-TRAFFICKING ACTIVITIES AND MECHANISMS IN SERBIA 

significantly smaller number of victims is identified compared with the actual number 

of persons comprised by a specific case. Thanks to only one labor exploitation case from 

2009, among the victims whom ASTRA assisted in 2009 and 2010, men accounted for 

26.3% and 37.8% respectively, 

§ 151. Besides sexual and labor exploitation, other forms of exploitation are present, too, 

although to a much lesser extent – forced begging, forced marriage, coercion into petty 

crime, illegal adoption. 

§ 152. It is undeniable that institutions in Serbia today recognize the fact that human 

trafficking is not a phenomenon which hits exclusively foreign citizens, but a form 

of organized crime and just anyone may fall victim regardless to their gender, age, 

citizenship or nationality. On the other hand, traffickers, faced with stronger response 

from governmental, nongovernmental and international actors, adjust and change 

the way they work. Thus, human trafficking is “moving” from diners and night bars to 

private apartments and membership-only clubs. Similar trend has been observed in other 

countries in the region, too. In addition to increase in internal trafficking, trafficking in 

children and trafficking in persons with psychologically altered behavior 219 , which have 

proven to be mush less risky for traffickers, many of them have also changed the way of 

disciplining girls: instead of strict control of movement and physical violence, they use 

more threats and blackmails, so that it would be much more difficult to prove coercion in 

case of prosecution. 

II.3. Anti-trafficking Activities and Mechanisms in Serbia 

§ 153. State authorities in Serbia and Montenegro placed the problem of trafficking in 

human beings on the political agenda after the change of political climate in 2000. This 

was contributed by support and pressure from high-level international bodies 220 . The UN 

Convention against Transnational Organized Crime and Protocols Thereto were signed and 

ratified in 2001 221 . In the same year, the first national coordinator fro combating human 

trafficking was appointed within the Ministry of the Interior (Deputy Chief of the Border 

Police Directorate). Soon after, the National Team for Combating Human Trafficking 222 

was established as a forum for cooperation between governmental, nongovernmental 

and international actors 223 . Although the National Team is often mentioned in Serbia as an 

example of good practice of intersectoral cooperation, formal documents that would regulate 

the mandate of the Team or the rights and responsibilities of its members still do not exist. 

219 

28.6% in 2004 according to Regional Clearing Point, Second Annual Report on Victims of Trafficking in South Eastern Europe 2004. 

220 

E.g. the Stability Pact Task Force, the Council of Europe, OSCE, UN. 

221 

The Law ratifying the UN Convention against Transnational Organized Crime and Protocols Thereto, Official Journal FRY – International Treaties, 

no. 6/2001. 

222 

Yugoslav Team for Combating Human Trafficking was established first, but because of the uncertain status of the Federation, anti-trafficking 

activities were transferred from the federal level to the level of the Republics. The first (founding) meeting of the National Team for Combating 

Trafficking in Human Beings was held on May 30, 2002. Working program of the National Team was adopted on October 17, 2002 

223 

The National Team gathers nine government institutions, seven non-governmental organizations and five international organizations. 

56


§ 154. Human trafficking was criminalized for the first time in the Criminal Law of Serbia 

– Article 111b – in April 2003 224 . 

§ 155. The Anti Trafficking Council was established by the decision of the Government 

of Serbia in mid-December 2004 225 . Members of the Council are Interior Minister as its 

president, Minister of Labor, Employment and Social Policy, Justice Minister, Health 

Minister, Minister for Education and Sport, and Deputy Finance Minister. The task of the 

Council is to coordinate national and regional activities in combating human trafficking, 

discuss reports of relevant international bodies, take positions and propose measures for 

the implementation of recommendations made by international bodies. 

§ 156. Central operating point of the National Referral Mechanism is the Agency for 

Coordination of Protection of Trafficking Victim. The Agency was set up in March 2004 

within the Institute for the Upbringing of Children and Youth in Belgrade as a result of a 

joint project of the Ministry of Social Policy and OSCE Mission to Serbia and Montenegro. 

The main task of the Agency is to act as a coordination center in the organization 

of assistance and protection of trafficked victims in Serbia, but it does not provide 

direct assistance itself nor could it alone identify a trafficking victim. It should provide 

information on available victim assistance services in the country and abroad. For some 

time, the Agency had a Mobile Team which main task was to make the first assessment 

of a potential victim and his/her needs. Mobile Team members were the Ministry for 

Social Affairs, NGOs ASTRA and Counseling Center against Family Violence. The Mobile 

Team concept was abandoned in November 2004, while the Agency for Coordination 

of Protection of Trafficking Victims has continued to operate. The Agency has only two 

staff members who are supposed to cover the whole territory of Serbia. Since its role and 

mandate are not clearly defined, sometimes – and especially when it has financial means 

– the Agency acts as a direct victim assistance provider. 

§ 157. In December 2006, the Government of Serbia, with support of OSCE Mission to 

Serbia, adopted the National Anti Trafficking Strategy 226 , setting strategic goals that 

should be realized through various activities of state institutions, NGOs and international 

organizations 227 . The National Plan of Action to Combat Trafficking in Human Beings for 

the period 2009-2011 was adopted in May 2009. Although there were several attempts to 

that end in previous year, the NPA was finally designed and passed in an urgent procedure 

at the moment when its existence was necessary for the liberalization of visa regime with 

the European Union. This is the reason why such an important document was adopted 

without regard to the budgetary dynamics and hence all the activities planned for 2009 

are those that could be carried out without any additional resources. In the mid 2010, a 

Joint project of IOM, UNHCR and UNODC was launched with the idea to support the 

224 

Official Gazette RS, no. 39/2003 and 67/2003. 

225 

Government’s decision to set up the Anti Trafficking Council no 02-6783/2004-1, 14 October 2004. 

226 

The Strategy was published in the Official Gazette of RS, no. 111/2006 of 12 December 2006. 

227 

More about the Strategy in the analysis of Article 9 of the Protocol. 


ANTI-TRAFFICKING ACTIVITIES AND MECHANISMS IN SERBIA 

implementation of NPA, with support of the Ministry of the Interior and the Ministry 

of Justice, in particular with regard to financial resources which the state has continued 

failing to allocate. The Council of Europe’s Convention on Action against Trafficking in 

Human Beings was also ratified as a document necessary for visa liberalization. 

§ 158. In November 2009, the Agreement on Cooperation in the field of combating 

human trafficking was signed between the Ministry of the Interior, the Ministry of 

Finance, the Ministry of Health, the Ministry of Education and the Ministry of Labor and 

Social Policy. This document contains the Guidelines for Standard Operating Procedures 

in the Treatment of Trafficking Victims as its integral part 228 . Although these guidelines 

are supposed to ensure safe referral and protection of the victims of both internal and 

international trafficking and although they should be used by all relevant actors in the 

process of identification, assistance and protection, the adaptation process was nontransparent 

and non-participatory and the actors which should use the guidelines are not 

fully informed how the entire process should work. 

§ 159. Specialized direct assistance to trafficking victims is provided by two NGOs whose 

work is for the most part financed by foreign donors. Social welfare centers are not 

specialized for victim assistance, but their involvement is mandatory whenever children 

appear as trafficking victims. 

§ 160. The Republic of Serbia does not have a protocol for dealing with victims of human 

trafficking; the procedure is unclear, while too many people from institutions are not 

familiar with the work of the Agency and its competences. In practice, the identification 

of trafficking victims is still in the majority of cases done by the police, while the Agency 

mostly confirms this primary identification without direct contact with the person 

in question. On more than one occasion, trafficking victims have been exposed to 

direct or indirect pressure to testify in court, reflection period is not fully respected in 

practice, while risk assessment is done quite rarely. Also, it is very important to do the 

evaluation and assessment of the quality of assistance provided to trafficking victims, 

both by governmental, and nongovernmental and international actors. In future, it will be 

necessary to work not only on increasing the quantity of services provided to survivors, 

but also on improving the quality of existing ones. 

§ 161. The Agency possesses a database which contains data on all the victims the Agency 

has ever been in contact with. However, data protection methods are not clear, as well as 

criteria for access/deny of access to public, researchers and victims themselves 229 . 

§ 162. With a few exceptions, penal policy regarding the criminal offence of human 

trafficking is rather light. The links between the corruption of state authorities and human 

trafficking has never been examined in specific cases. The proving of this crime still to the 

greatest extent depends on victims/witnesses and their testimonies. Another problem is 

228 

Made on the basis of ICMPD Guidelines for Transnational Referral Mechanism in SEE. 

229 

Law on Personal Data Protection, Official Journal of FRY, no. 24/98 and 26/98. 

58


the slowness of civil proceedings for the compensation of damages. Namely, as criminal 

courts are reluctant to decide on victim/witness’s compensation claim (although the law 

allows them to), but refer them to litigation, which is, as a rule, lengthy, costly (court fees, 

representative’s fees…) and requires plaintiff’s presence, representing another form of 

secondary victimization and preventing the victim from leaving the past behind and from 

starting rebuilding their lives. 230 

§ 163. Sustainable (re)integration and social inclusion programs for trafficking victims 

still do not exist. After they got out of the trafficking chain, victims may join ad hoc 

programs which existence depends on available financial respires; moreover, what is 

offered to them often does not correspond to their needs and pace of their recovery 

and (re)integration. 

§ 164. For successful fight against this specific form of violence, government must take 

a determined and systemic effort to eradicate poverty. Also, we must be aware that 

human trafficking would not be so sizable unless there were corruption. For these reasons, 

fighting root causes that contribute to trafficking, which are, above all, poverty, lack of 

opportunities, deprivation in general, discrimination, gender inequality and gender-based 

violence, corruption and organized crime, stands out as a priority when we talk about 

combating trafficking in human beings. 

§ 165. What ASTRA as a nongovernmental organization is certainly concerned about 

is the fact that human trafficking is still not primarily observed as the gravest form of 

human rights violation. In practice, victims’ human rights are violated even after they 

escape from the trafficking chain. Here, we have in mind governmental nongovernmental 

and international organizations alike. Therefore, general education of all anti-trafficking 

actors in Serbia on human rights guaranteed under international conventions is crucial 

for quality work. 

§ 166. It is definite that anti-trafficking NGOs in Serbia are passing through some sort of 

crisis, and they should be supported and empowered to persist in their independence and 

to objectively and critically observe the situation. This is vital because NGOs are the actor 

that will have responsibility to monitor human rights situation and work on permanent 

improvement thereof once Serbia becomes a state that fully complies with international 

standards. Without strong and developed civil sector, we cannot talk about democratic 

state as a guarantor of human rights. 

230 

The problem is even more evident when it involves foreign nationals, who, having testified in criminal procedures in Serbia, were repatriated to 

their countries of origin. If they want to appear in court, they need to bear extra travel and accommodation costs, as well as to seriously risk their 

safety. 


HOW TO DEAL WITH TRAFFICKING: INTERNATIONAL AND EUROPEAN OBLIGATIONS OF STATES 

III. PROTOCOL TO PREVENT, SUPRESS AND PUNISH 

TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND 

CHILDREN AND 

COUNCIL OF EUROPE’S CONVENTION ON ACTION 

AGAINST TRAFFICKING IN HUMAN BEINGS 

III.1 How to deal with trafficking: international and European obligations of 

States 

Marjan Wijers, 

independent researcher, trainer and consultant on human rights and human trafficking 

§ 167. Until 11 years ago one of the main obstacles to address trafficking was the lack of 

international consensus on a definition. This problem was solved, at least partly, by the 

adoption in November 2000 of the UN Trafficking Protocol (also known as the Palermo 

Protocol). Although this was a major step forwards, there are still many problems attached 

to the definition. Moreover, despite intensive NGO lobbying, the Protocol failed to 

establish strong protections for trafficked persons. A convention which builds on the UN 

Protocol, but has more to offer to trafficked persons is the Council of Europe Convention 

on Action Against Trafficking. This article first discusses the UN Protocol, focusing on the 

definition, followed by a discussion of the European Trafficking Convention, in particular 

the provisions that are relevant for trafficked persons. 

III.1.1. UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially 

Women and Children 

§ 168. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially 

Women and Children, as its full name reads, is the first global instrument to contain an 

internationally agreed-upon, legally binding definition of trafficking in persons. It was 

the result of negotiations between more than 100 countries and is one of the three 

protocols supplementing the UN Convention against Transnational Organized Crime. 231 

Significantly, this consensus was not achieved in a human rights instrument, but in the 

context of crime and border control. The Protocol and Convention are primarily law 

enforcement instruments intended to promote cross-border cooperation by governments 

and to ensure that all countries have adequate laws to address these crimes. However, 

art. 2 of the Protocol states as its purpose: 

231 

The other two are the Protocol against Smuggling of Migrants by Land, Sea and Air and the Protocol against the Illicit Manufacturing of and Trafficking 

in Firearms, their Parts and Components and Ammunition. The parent convention came into force 29 September 2003; the Trafficking Protocol came 

into force 25 December 2003. The Firearms Protocol was adopted in 2001 and came into force 3 June 2005. 

60

PROTOCOL TO PREVENT, SUPRESS AND PUNISH TRAFFICKING IN PERSONS, ESPECIALLY WOMEN AND CHILDREN 

“to prevent and combat trafficking in persons, paying particular attention to women 

and children; to protect and assist the victims of such trafficking, with full respect 

for their human rights; and to promote cooperation among States parties in order to 

meet the above objectives”. 

§ 169. The UN Trafficking Protocol consists of three instruments: the Protocol itself, 

relevant sections of the parent Convention, and the Interpretative Notes (Travaux 

Preparatoires), which are explanations of some of the provisions of the Protocol. 232 

It contains provisions on the criminalization of trafficking in persons and cross-border 

cooperation, as well as on prevention and the protection of victims. 

§ 170. An important milestone is that the Protocol for the first time links trafficking with 

the human rights treaties on forced labor, slavery, slavery-like practices and servitude, 

rather than treating these as separate and distinct categories of human rights abuses. 

The result is a wider understanding of trafficking and the opening up of an array of 

already existing human rights and labor instruments to deal with the forced labour and 

slavery-like outcomes of trafficking. However, contrary to the forced labour and slavery 

conventions, the UN Protocol puts the emphasis on the way by which people arrive in a 

situation of exploitation, i.e. through trafficking, rather than on the exploitation itself. 

§ 171. As noted by the European Experts Group on Trafficking in Human Beings in its 2004 

report 233 , from a human rights perspective, the primary concern is to stop the exploitation 

of human beings under forced labor or slavery-like conditions, no matter how people 

arrive in that situation. There is no reason to distinguish between a victim of trafficking, 

a smuggled person, an illegal migrant, or a lawful resident held in forced labor or slaverylike 

conditions. This is in accordance with the major human rights treaties which clearly 

prohibit these abuses. In practice this distinction often leads to discriminatory measures 

which deprive some categories of people from exercising their freedom of movement 

and their right to a livelihood because they might get trafficked (e.g. bans on migration 

for young women), while excluding others who have actually been subjected to forced 

labor or slavery-like practices from any protection or support because they do not fit the 

definition of trafficking. 

§ 172. Recently the European Court of Human Rights confirmed this view in its judgment 

on Rantsev v. Cyprus and Russia. 234 According to the Court trafficking falls within the scope 

of art. 4 of the European Convention on Human Rights, which prohibits slavery, servitude 

and forced labor, without the need to determine which of the three types of prohibited 

conduct it concerns. In its judgment it states: 

232 

See for the full text and the Travaux Preparatoires: http://www.unodc.org/unodc/en/treaties/CTOC/index.html. 

233 

Report of the Expert Group on Trafficking in Human Beings, 22 December 2004, Brussels: European Commission, Directorate-General Justice, 

Freedom and Security 2004. See: http://ec.europa.eu/home-affairs/doc_centre/crime/crime_human_trafficking_en.htm. 

234 

ECrtHR, Rantsev v. Cyprus and Russia, application no. 25965/04, 7 January 2010, see: www.interights.org/rantsev. 



“like slavery, trafficking in human beings, by its very nature and aim of exploitation, is 

based on the exercise of powers attaching to the right of ownership. It treats human 

beings as commodities to be bought and sold and put to forced labour, often for 

little or no payment, usually in the sex industry but also elsewhere. It implies close 

surveillance of the activities of victims, whose movements were often circumscribed. 

It involves the use of violence and threats against victims, who live and work under 

poor conditions”. 

§ 173. Accordingly the Court held that trafficking itself was prohibited by art. 4 of 

the Convention. 

§ 174. A second point of critique on the Protocol, e.g. by the Global Alliance Against 

Trafficking (GAATW) 235 , is the weakness of its human rights protections for victims. While 

all law enforcement provisions contain mandatory language, the provisions on protection 

and assistance of trafficked persons are much weaker and contain language such as “in 

appropriate cases” and “to the extent possible” (see Protocol art. 6 & 7 and Convention 

art. 24 & 25). 

§ 175. However, the Protocol does include a saving clause (art. 14), stating that nothing 

in the Protocol shall affect “the rights, obligations and responsibilities of States and 

individuals under international human rights law”. The same article includes a nondiscrimination 

clause, holding that the measures the Protocol sets forth shall be interpreted 

and applied in a way that is “consistent with internationally recognised principles of nondiscrimination”, 

and that is “not discriminatory to persons on the grounds that they are 

victims of trafficking”. 

§ 176. Finally, the definition in the Protocol is quite complicated and difficult to read. 

Moreover, some of its terms are not defined in international law, like ‘exploitation of the 

prostitution of another’ and ‘sexual exploitation’. This is because it was the result of long 

and complicated negotiations between governments with different interests and views. 

In practice this means that the adoption of the definition in national law often leads to 

misinterpretations or misapplications. One source of confusion is the distinction between 

trafficking and sex work. In this context, it is important to note that the Protocol only 

addresses the exploitation of prostitution when coercion, deceit or abuse of authority 

is used. This confusion between trafficking and sex work is reinforced by the distinction 

the Protocol draws between trafficking for sexual exploitation on the one hand, and 

trafficking for forced labour or services on the other. However, this does not mean that 

forced labour cannot occur in the sex industry: the International Labour Organisation 

(ILO) has regularly dealt with forced prostitution and sexual exploitation under the forced 

labour conventions. 

235 

See: www.gaatw.org. 

62


III.1.1.1 Understanding the definition of trafficking 

§ 177. The Protocol contains a broad definition, covering trafficking into all economic 

sectors and industries, including agricultural or construction work, garment or other 

factory work, sex work, domestic work, etc., whether within a country or across borders. 

The central element is the use of coercion, deception, abuse of authority or any other form 

of abuse. The definition in art. 3 consists of three distinct, but interconnected elements: 

• A set of actions: the recruitment, transportation, transfer, harboring or receipt of persons 

• The means by which those actions are carried out: by means of the threat or use of 

force or other forms of coercion, of abduction, of fraud, of deception, of the abuse 

of power or of a position of vulnerability or of the giving or receiving payments or 

benefits to achieve the consent of a person having control over another person 

• The purpose for which people are recruited or moved: for the purpose of exploitation. 

• § 178. Exploitation shall include, at a minimum, the exploitation of the prostitution 

of others or other forms of sexual exploitation, forced labor or services, slavery or 

practices similar to slavery, servitude or the removal of organs. 

§ 179. In the case of adults all three elements must be fulfilled to be considered trafficking. 

However, in the case of children and adolescents (that is, persons under 18), the use 

of any of the coercive or deceptive means listed in the Protocol is not required, as the 

legal status of minors is different from adults. Any recruitment, transportation, transfer, 

harboring or receipt of a child for the purpose of exploitation is considered ‘trafficking’ 

(art. 3, sub c). 

III.1.1.1.1 The means 

§ 180. The inclusion of fraud, deception and the abuse of power or of a position of 

vulnerability recognizes that trafficking can occur without any use of overt (physical) 

force. According to the interpretative notes to the Protocol, ‘abuse of a position of 

vulnerability’ refers to 

“any situation in which the person involved has no real and acceptable alternative 

but to submit to the abuse involved”. 

§ 181. This can include situations where the victim does not speak the local language, 

has her/his identity papers taken away, is prohibited from having contacts with friends, 

family or the outside world, or is threatened with reprisals against her/himself, children 

or other family members. 

§ 182. Deception or fraud can refer to the nature of the work or services (e.g. if the person 

is promised a job as domestic worker but is forced to work in prostitution), as well as to the 

conditions under which the person is forced to perform the work or services (e.g. he or she is 



promised a residence or work permit, proper payment and regular working conditions, but 

is in reality not being paid any or all of the promised payment, is forced to work extremely 

long hours, is deprived from her/his identity papers, has no freedom of movement and is 

threatened with reprisals when trying to escape). The common element of all means listed 

in the UN Protocol is the distortion of the free will of the person. Thereby it should be kept 

in mind that the initial recruitment can be voluntary and that the coercive mechanisms 

to bring or keep a person in an exploitative situation only come into play at a later stage. 

Thus, a person can consent to migrate, to carry false papers, to work as a domestic worker, 

a construction laborer or a prostitute or to work illegally abroad, but this does not imply 

that the person consents to work in conditions of forced labor, slavery or servitude and 

therefore does not exclude the person being a victim of trafficking. 

III.1.1.1.2 The Purpose of Exploitation 

§ 183. The Protocol lists the forms of exploitation that at a minimum should be included, 

but does not give a definition of ‘exploitation’. However, for most of the purposes 

mentioned, like forced labor, one can go back to other international treaties to understand 

their meaning. This is not the case for the concepts of ‘exploitation of prostitution of 

others’ and ‘sexual exploitation’. Both are not defined in international law and give rise 

to divergent interpretations, which may pose a problem when translating the Protocol’s 

definition into domestic criminal law. 

a) Forced labor or services, slavery or practices similar to slavery and servitude 

§ 184. These are not defined in the Trafficking Protocol, but are elaborated in other 

international treaties and conventions. ILO Convention No. 29 Concerning Forced Labour 

(1930) and No. 105 on the Abolition of Forced Labour (1957) define forced labor as: 

“All work or service which is exacted from any person under the menace of any 

penalty and for which the said person has not offered himself voluntarily.” 

§ 185. Conditions of forced labor include the use of physical or sexual violence, threats 

of violence, debt bondage, withholding of wages or no payment at all, restriction 

of movement, the retention of passport and identity documents and the threat of 

denunciation to the authorities. 236 Since the coming into force of Convention No. 29, the 

ILO Committee of Experts has treated trafficking for the purpose of forced sexual services 

as one form of forced labor, also when prostitution is illegal under national law. 

§ 186. “Practices similar to slavery” include servile marriage and debt bondage. 237 Debt 

236 

Human Trafficking and Forced Labour Exploitation, Guidance for Legislation and Law Enforcement, ILO Special Action Programme to Combat Forced 

Labour, 2005. 

237 

1956 UN Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery. 

64


bondage occurs when, for example, the trafficked person is required to pay back a large 

sum for travel expenses, whereas the debt keeps growing because of exorbitant interest 

rates and endless and ever increasing expenses for housing, transportation, clothing, food 

et cetera, making it effectively impossible to pay off the debt. 

§ 187. “Servitude” refers to conditions of work or service, which the individual cannot 

change or from which he or she cannot escape. According to the European Court of 

Human Rights servitude can be defined as “an obligation to provide one’s services that is 

imposed by the use of coercion, and is linked to the concept of slavery”. 238 

b) Exploitation of the prostitution of others or other forms of sexual exploitation 

§ 188. Neither “exploitation” nor “sexual exploitation” is defined in the Protocol or 

elsewhere in international law. The only international convention in which “exploitation 

of prostitution” is defined is the 1949 Convention for the Suppression of the Traffic in 

Persons and the Exploitation of the Prostitution of Others. Here, the term refers to all third 

persons profiting from the income of the prostitution of another person, regardless of the 

consent of that person. However, this convention is generally considered obsolete as it 

makes no distinction between trafficking and prostitution and is only ratified by 74 out of 

the 192 UN Member States. 239 

§ 189. By contrast, the UN Protocol makes a clear distinction between trafficking and 

prostitution. During the negotiations parties intentionally left the terms undefined in 

order to allow all States, independent of their domestic policies on prostitution, to ratify 

the Protocol. As stated in the Interpretative Notes: 

“the Protocol addresses the exploitation of prostitution of others and other forms 

of sexual exploitation only in the context of trafficking in persons. The terms 

‘exploitation of the prostitution of others’ and ‘sexual exploitation’ are not defined 

in the Protocol, which is therefore without prejudice to how States Parties address 

prostitution in their respective domestic law”. 

§ 190. The Protocol thus only deals with prostitution or the exploitation of prostitution 

when coercion or deceit is used and when there is an element of recruitment, etc. It does 

not impose an obligation to criminalize prostitution. Different legal systems, whether 

decriminalizing, legalizing or regulating prostitution, can all be in full compliance with 

the Protocol. 

§ 191. It is not relevant whether or not a person was previously engaged in prostitution 

(or domestic work or any other kind of work) or knew she or he would be so, once all the 

238 

ECrtHR, Siliadin v. France, no. 73316/01, 26 July 2005. See: www.echr.coe.int/Eng/Press/2005/July/ChamberJudgmentSiliadinvFrance260705.htm 

239 

See for a list of States that ratified the 1949 Convention: http://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=VII-11- 

a&chapter=7&lang=en 



elements of the definition are fulfilled, notably: the presence of one of the actions, the 

use of one of the coercive or deceptive means and the purpose of exploitation. 

III.1.1.1.3 The issue of consent 

§ 192. According to the Protocol, the consent of the trafficked person to the intended 

exploitation is irrelevant once any of the coercive or deceptive means listed in the 

definition has been used (art. 3b). A person can thus consent to migrate, to work as a 

domestic worker or a prostitute or to work illegally abroad, but this does not imply that 

he or she consents to work in forced labor or slavery-like conditions, and therefore does 

not exclude the person being a victim of trafficking. This is in line with international legal 

norms. Real consent is only possible and legally recognizable, when all relevant facts 

are known and a person is free to consent or not. Once the use of any of the coercive 

or deceptive means is proven, any defense that the trafficked person ‘consented’ is 

irrelevant. The basis of the crime is not prostitution or any other work or services, but the 

infringement of a person’s rights and freedoms. 

III.1.1.2 Removal of organs and illegal adoption 

§ 193. Also with regard to the removal of organs it is the coercive conditions that give 

rise to its falling under the definition of trafficking. Since for children the use of coercion 

or deception is no requirement, the removal of organs from children with the consent 

of a parent or guardian for legitimate or therapeutic reasons should not be considered 

exploitation. 240 Illegal adoption falls under the Protocol where it amounts to a practice 

similar to slavery as defined in the Supplementary Convention on the Abolition of Slavery, 

the Slave Trade, and Institutions and Practices Similar to Slavery. 241 

III.1.1.3 Exploitation of children 

§ 194. In regard to children, the UN Convention on the Rights of the Child and the ILO 

Convention on the Worst Forms of Child Labor (1999) give guidance to the interpretation 

of the concept of exploitation. The engagement of children under 14 (15 in developed 

countries) in any form of full-time work, and of children under 18 in hazardous work such 

as mining, seafaring or sex work, is always exploitation: “Children are not considered to 

be capable of making a voluntary decision to engage in such work”. 242 

III.1.1.4 The crossing of borders and the involvement of organized crime 

§ 195. The definition of the Protocol does not require the crossing of borders as part of 

the crime. According to the parent convention on organized crime domestic law must 

240 

See Travaux Preparatoires. 

241 

See Travaux Preparatoires. 

242 

ILO, Human Trafficking and Forced Labour Exploitation 2005, p. 25. 

66


establish trafficking as an offence “independently of the transnational nature or the 

involvement of an organized criminal group” (art. 34.2). This is in line with the Council 

of Europe Convention on Action Against Trafficking in Human Beings, which obliges 

State Parties to criminalize all forms of trafficking in human beings, whether national or 

transnational, whether or not connected with organized crime. 

III.1.1.5 Relation between trafficking and smuggling 

§ 196. The Protocol makes a clear distinction between human trafficking and human 

smuggling. Smuggling is a violation of domestic laws that protect the State by regulating 

who can cross its border and how, whereas trafficking primarily concerns the protection of 

human beings against human rights abuses and can happen with or without crossing borders. 

III. 1.2 Council of Europe Convention on Action Against Trafficking in Human Beings 

§ 197. The most recent European instrument is the Convention on Action against Trafficking 

in Human Beings, adopted by the Council of Europe in 2005. In its Preamble the convention 

explicitly addresses trafficking in human beings as a violation of human rights and stresses 

the need for a comprehensive international legal instrument focusing on the human rights 

of victims of trafficking. The purposes of the convention are threefold: (a) to prevent and 

combat trafficking, (b) to protect the human rights of victims of trafficking as well as to 

ensure effective investigation and prosecution and (c) to promote international cooperation 

on action against trafficking (art. 1). In order to ensure the effective implementation of the 

convention and its provisions it sets up a specific monitoring instrument, GRETA 243 (Chapter 

VII). The convention follows the definition of trafficking in human beings as contained in the 

UN Protocol (art. 4). It explicitly applies to all forms of trafficking in human beings, whether 

national or international, and whether or not connected with organized crime (art. 2). As of 

2011 it is ratified by 34 Council of Europe member states, including Serbia. 

§ 198. Compared to the UN Protocol the Convention contains an extensive list of victim 

provisions relating to the identification of victims (art. 10), the protection of private life 

(art. 11), assistance measures (art. 12), recovery and reflection period (art. 13), residence 

permit (art. 14), compensation and legal redress (art. 15), and repatriation and return of the 

victim (art. 16). A basic provision is the exemption of criminal liability of victims for acts 

they committed as a consequence of being trafficked (art. 26). In addition, the convention 

contains a number of general principles, such as the principle of non-discrimination (art. 3) 

and gender equality (art. 17), promotes the use of a human rights-based approach, gender 

mainstreaming and a child sensitive approach in the development of prevention policies 

(art. 5), and explicitly encourages the involvement of NGOs and cooperation between 

state authorities, NGOs and civil society (art. 5, 10, 16 and others). These provisions will 

be discussed more in detail below. 

243 

See: www.coe.int/t/dghl/monitoring/trafficking/default_en.asp 



III.1.2.1 Non-discrimination clause (art. 3) 

§ 199. In line with other international instruments, the convention explicitly obliges to 

implement its provisions to all victims of trafficking without discrimination. This includes 

discrimination on ‘other status’, for example that of being a prostitute or an illegal 

migrant. 

III.1.2.2 Non-punishment clause (art. 26) 

§ 200. As one of the barriers for victims to seek help is the fear to be punished themselves, 

for example for illegal border crossing or prostitution, a crucial provision is the so-called 

non-punishment clause. Art. 26 states that each State Party “shall (...) provide for the 

possibility of not imposing penalties on victims for their involvement in unlawful activities, 

to the extent that they have been compelled to do so”. 

III.1.2.3 Identification of victims (art. 10) 

§ 201. State Parties are obliged to adopt measures to properly identify victims, to provide 

for officials who are trained and qualified in identifying and helping victims (including 

children), and to ensure adequate collaboration between the different authorities and 

between the authorities and NGOs. In the case of foreign victims, they must ensure that, 

if there are reasonable grounds to believe that a person is victim of trafficking, that person 

will not be evicted until the identification process is completed and that he or she will 

receive the assistance provided for in art. 12. Art. 10 further contains a number of specific 

provisions with regard to children. 

III.1.2.4 Protection of private life (art. 11) 

§ 202. State Parties are obliged to protect the private life and identity of victims. Personal 

data of victims should be stored in accordance with the Convention for the Protection of 

Individuals with regard to Automatic Processing of Personal Data (ETS No. 108). Special 

care should be taken to ensure that the identity of child victims does not become publicly 

known. In addition, measures should be considered to encourage the media to protect the 

private life and identity of victims. 

III.1.2.5 Assistance to victims (art. 12) 

§ 203. The convention establishes a set of minimum standards of assistance which 

State Parties are obliged to provide to victims, in cooperation with NGOs, and regardless 

of the willingness of the victim to act as witness. Any assistance should be provided on 

a consensual and informed basis and should include at least appropriate and secure 

accommodation, psychological and material assistance, access to emergency medical 

treatment, translation and interpretation services, counseling and information with regard 

68


to their legal rights and the services available to them, assistance to defend their rights 

and interests during criminal proceedings and, in the case of children, access to education. 

§ 204. Moreover, State Parties must take due account of the victim’s safety and protection 

needs. In addition, they are obliged to provide victims who are lawfully resident on their 

territory with the necessary medical and other assistance if they need such help and do 

not have adequate resources and with access to the labor market, vocational training 

and education. 

§ 205. Special attention is paid to cooperation with NGOs and other relevant civil society 

actors engaged in assistance to victims. 

III.1.2.6 Recovery, reflection period and residence permit (art. 14) 

§ 206. In order to enable foreign victims to recover and take an informed decision on 

cooperating with the authorities, State Parties are obliged to provide for a recovery 

and reflection period of at least 30 days in their domestic laws. During this period the 

victim should be entitled to lawfully stay in the country concerned and have access to 

assistance. If the (prolonged) stay of the victim is deemed necessary because of her/his 

personal circumstances or for the purpose of the investigation or the criminal proceedings, 

the victim should be issued a renewable residence permit. The granting of a temporary 

residence permit must be without prejudice to her/his right to seek and enjoy asylum. 

III.1.2.7 Compensation and legal redress (art. 15) 

§ 207. Victims should be informed as from their first contact with the authorities on the 

relevant judicial and administrative proceedings in a language they understand. Moreover, 

it should be ensured that they have the right to legal assistance and to free legal aid, 

and to compensation from the perpetrators. Moreover, State Parties should take the 

necessary measures to guarantee compensation for victims, for example by establishing 

a victim fund or by assistance programs which could be funded by the confiscation of the 

criminal proceeds of trafficking. 

III.1.2.8 Repatriation and return (art. 16) 

§ 208. Both the country of destination and the country of origin are obliged to facilitate 

the, preferably voluntary, return of the victim with due respect for her/his rights, safety 

and dignity, including the issuing of travel and other documents if needed. Moreover, State 

Parties should take the necessary measures to establish repatriation and reintegration 

programs in cooperation with (inter)national institutions and NGOs and avoiding 

re-victimization, and to inform victims about organizations which can assist them on 

their return. 


ARTICLES 1-5 


Women and Children, Articles 1 – 5 

CoE Convention on Action against Trafficking in Human Beings, Articles 4, 

18 – 26 and 30 - 31 

Palermo Protocol 

Article 1 

Relation with the United Nations Convention against Transnational 

Organized Crime 

1. This Protocol supplements the United Nations Convention against Transnational Organized 

Crime. It shall be interpreted together with the Convention. 

2. The provisions of the Convention shall apply, mutatis mutandis, to this Protocol unless 

otherwise provided herein. 

3. The offences established in accordance with article 5 of this Protocol shall be regarded as 

offences established in accordance with the Convention. 

Article 2 

Statement of purpose 

The purposes of this Protocol are: 

a. To prevent and combat trafficking in persons, paying particular attention to women and 

children; 

b. To protect and assist the victims of such trafficking, with full respect for their human rights; 

and 

c. To promote cooperation among States Parties in order to meet those objectives. 


Article 3 

Use of terms 

For the purposes of this Protocol: 

a. ”Trafficking in persons” shall mean the recruitment, transportation, transfer, harbouring 

or receipt of persons, by means of the threat or use of force or other forms of coercion, of 

abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability 

or of the giving or receiving of payments or benefits to achieve the consent of a person 

having control over another person, for the purpose of exploitation. Exploitation shall 

include, at a minimum, the exploitation of the prostitution of others or other forms of 

sexual exploitation, forced labour or services, slavery or practices similar to slavery, 

servitude or the removal of organs; 

70


b. The consent of a victim of trafficking in persons to the intended exploitation set forth 

in subparagraph (a) of this article shall be irrelevant where any of the means set forth in 

subparagraph (a) have been used; 

c. The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose 

of exploitation shall be considered ”trafficking in persons” even if this does not involve any 

of the means set forth in subparagraph (a) of this article; 

d. ”Child” shall mean any person under eighteen years of age. 

CoE 

Article 4 

Definitions 

For the purposes of this Convention: 

a. “Trafficking in human beings” shall mean the recruitment, transportation, transfer, 

harbouring or receipt of persons, by means of the threat or use of force or other forms of 

coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of 

vulnerability or of the giving or receiving of payments or benefits to achieve the consent of 

a person having control over another person, for the purpose of exploitation. Exploitation 

shall include, at a minimum, the exploitation of the prostitution of others or other forms 

of sexual exploitation, forced labour or services, slavery or practices similar to slavery, 

servitude or the removal of organs; 

b. The consent of a victim of “trafficking in human beings” to the intended exploitation set 

forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth 

in subparagraph (a) have been used; 

c. c) The recruitment, transportation, transfer, harbouring or receipt of a child for the 

purpose of exploitation shall be considered “trafficking in human beings” even if this does 

not involve any of the means set forth in subparagraph (a) of this article; 

d. “Child” shall mean any person under eighteen years of age; 

e. “Victim” shall mean any natural person who is subject to trafficking in human beings as 

defined in this article. 


Article 4 

Scope of application 

This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation 

and prosecution of the offences established in accordance with article 5 of this Protocol, 

where those offences are transnational in nature and involve an organized criminal group, as 

well as to the protection of victims of such offences. 


ARTICLES 1-5 

Article 5 

Criminalization 

1. Each State Party shall adopt such legislative and other measures as may be necessary 

to establish as criminal offences the conduct set forth in article 3 of this Protocol, when 

committed intentionally. 

2. Each State Party shall also adopt such legislative and other measures as may be necessary 

to establish as criminal offences: 

a. Subject to the basic concepts of its legal system, attempting to commit an offence 

established in accordance with paragraph 1 of this article; 

b. Participating as an accomplice in an offence established in accordance with paragraph 

1 of this article; and 

c. Organizing or directing other persons to commit an offence established in accordance 

with paragraph 1 of this article. 

CoE 

Article 18 

Criminalisation of trafficking in human beings 

Each Party shall adopt such legislative and other measures as may be necessary to 

establish as criminal offences the conduct contained in article 4 of this Convention, when 

committed intentionally. 

Article 19 

Criminalisation of the use of services of a victim 

Each Party shall consider adopting such legislative and other measures as may be necessary 

to establish as criminal offences under its internal law, the use of services which are the 

object of exploitation as referred to in Article 4 paragraph a of this Convention, with the 

knowledge that the person is a victim of trafficking in human beings. 

Article 20 

Criminalisation of acts relating to travel or identity documents 

Each Party shall adopt such legislative and other measures as may be necessary to establish 

as criminal offences the following conducts, when committed intentionally and for the 

purpose of enabling the trafficking in human beings: 

a. forging a travel or identity document; 

b. procuring or providing such a document; 

c. retaining, removing, concealing, damaging or destroying a travel or identity document of 

another person. 

72


Article 21 

Attempt and aiding or abetting 

1. Each Party shall adopt such legislative and other measures as may be necessary to establish 

as criminal offences when committed intentionally, aiding or abetting the commission 

of any of the offences established in accordance with Articles 18 and 20 of the present 

Convention. 


as criminal offences when committed intentionally, an attempt to commit the offences 

established in accordance with Articles 18 and 20, paragraph a, of this Convention. 

Article 22 

Corporate liability 

1. Each Party shall adopt such legislative and other measures as may be necessary to ensure 

that a legal person can be held liable for a criminal offence established in accordance with 

this Convention, committed for its benefit by any natural person, acting either individually 

or as part of an organ of the legal person, who has a leading position within the legal 

person, based on: 

a. a power of representation of the legal person; 

b. an authority to take decisions on behalf of the legal person; 

c. an authority to exercise control within the legal person. 

2. Apart from the cases already provided for in paragraph 1, each Party shall take the measures 

necessary to ensure that a legal person can be held liable where the lack of supervision or 

control by a natural person referred to in paragraph 1 has made possible the commission 

of a criminal offence established in accordance with this Convention for the benefit of that 

legal person by a natural person acting under its authority. 

3. Subject to the legal principles of the Party, the liability of a legal person may be criminal, 

civil or administrative. 

4. Such liability shall be without prejudice to the criminal liability of the natural persons who 

have committed the offence. 

Article 23 

Sanctions and measures 

1. Each Party shall adopt such legislative and other measures as may be necessary to ensure 

that the criminal offences established in accordance with Articles 18 to 21 are punishable 

by effective, proportionate and dissuasive sanctions. These sanctions shall include, for 

criminal offences established in accordance with Article 18 when committed by natural 

persons, penalties involving deprivation of liberty which can give rise to extradition. 


ARTICLES 1-5 

2. Each Party shall ensure that legal persons held liable in accordance with Article 22 shall 

be subject to effective, proportionate and dissuasive criminal or non-criminal sanctions or 

measures, including monetary sanctions. 

3. Each Party shall adopt such legislative and other measures as may be necessary to enable it 

to confiscate or otherwise deprive the instrumentalities and proceeds of criminal offences 

established in accordance with Articles 18 and 20, paragraph a, of this Convention, or 

property the value of which corresponds to such proceeds. 

4. Each Party shall adopt such legislative or other measures as may be necessary to enable 

the temporary or permanent closure of any establishment which was used to carry out 

trafficking in human beings, without prejudice to the rights of bona fide third parties or to 

deny the perpetrator, temporary or permanently, the exercise of the activity in the course 

of which this offence was committed. 

Article 24 

Aggravating circumstances 

Each Party shall ensure that the following circumstances are regarded as aggravating 

circumstances in the determination of the penalty for offences established in accordance 

with Article 18 of this Convention: 

a. the offence deliberately or by gross negligence endangered the life of the victim; 

b. the offence was committed against a child; 

c. the offence was committed by a public official in the performance of her/his duties; 

d. the offence was committed within the framework of a criminal organisation. 

Article 25 

Previous convictions 

Each Party shall adopt such legislative and other measures providing for the possibility to 

take into account final sentences passed by another Party in relation to offences established 

in accordance with this Convention when determining the penalty. 

Article 26 

Non-punishment provision 

Each Party shall, in accordance with the basic principles of its legal system, provide for the 

possibility of not imposing penalties on victims for their involvement in unlawful activities, to 

the extent that they have been compelled to do so 

Article 27 

Ex parte and ex officio applications 

1. Each Party shall ensure that investigations into or prosecution of offences established in 

74


accordance with this Convention shall not be dependent upon the report or accusation 

made by a victim, at least when the offence was committed in whole or in part on its territory. 

2. Each Party shall ensure that victims of an offence in the territory of a Party other than the 

one where they reside may make a complaint before the competent authorities of their 

State of residence. The competent authority to which the complaint is made, insofar as 

it does not itself have competence in this respect, shall transmit it without delay to the 

competent authority of the Party in the territory in which the offence was committed. The 

complaint shall be dealt with in accordance with the internal law of the Party in which the 

offence was committed. 

3. Each Party shall ensure, by means of legislative or other measures, in accordance with 

the conditions provided for by its internal law, to any group, foundation, association or 

non-governmental organisations which aims at fighting trafficking in human beings or 

protection of human rights, the possibility to assist and/or support the victim with his or 

her consent during criminal proceedings concerning the offence established in accordance 

with Article 18 of this Convention. 

Article 30 

Court proceedings 

In accordance with the Convention for the Protection of Human Rights and Fundamental 

Freedoms, in particular Article 6, each Party shall adopt such legislative or other measures as 

may be necessary to ensure in the course of judicial proceedings: 

a. the protection of victims’ private life and, where appropriate, identity; 

b. victims’ safety and protection from intimidation, 

in accordance with the conditions under its internal law and, in the case of child victims, by 

taking special care of children’s needs and ensuring their right to special protection measures. 

Article 31 

Jurisdiction 


jurisdiction over any offence established in accordance with this Convention, when the 

offence is committed: 

a. in its territory; or 

b. on board a ship flying the flag of that Party; or 

c. on board an aircraft registered under the laws of that Party; or 

d. by one of its nationals or by a stateless person who has his or her habitual residence in 

its territory, if the offence is punishable under criminal law where it was committed or if 

the offence is committed outside the territorial jurisdiction of any State; 

e. against one of its nationals. 


ARTICLES 1-5 

2. Each Party may, at the time of signature or when depositing its instrument of ratification, 

acceptance, approval or accession, by a declaration addressed to the Secretary General 

of the Council of Europe, declare that it reserves the right not to apply or to apply only in 

specific cases or conditions the jurisdiction rules laid down in paragraphs 1 (d) and (e) of 

this article or any part thereof. 

3. Each Party shall adopt such measures as may be necessary to establish jurisdiction over the 

offences referred to in this Convention, in cases where an alleged offender is present in its 

territory and it does not extradite him/her to another Party, solely on the basis of his/her 

nationality, after a request for extradition. 

4. When more than one Party claims jurisdiction over an alleged offence established in 

accordance with this Convention, the Parties involved shall, where appropriate, consult 

with a view to determining the most appropriate jurisdiction for prosecution. 

5. Without prejudice to the general norms of international law, this Convention does not 

exclude any criminal jurisdiction exercised by a Party in accordance with internal law. 

III.2.1 Legal Analysis 

III.2.1.1 Criminalization of Unlawful Acts in Criminal Legislation 

§ 209. The Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, 

Especially Women and Children, which supplements the United Nations Convention against 

Transnational Organized Crime (hereinafter referred to as: the UN Convention), places States 

Parties under the obligation to criminalize the offence – trafficking in human beings – as well 

as its related modalities (attempt, accomplice, organizing and directing other persons to 

commit a criminal act of trafficking in persons). As the Protocol must be read in the context 

of the Convention, State Parties must also criminalize the laundering of the proceeds of a 

comprehensive range of trafficking offences in accordance with Article 6 of the Convention. 

In addition to criminalizing the chief offence of trafficking, national legislatures are invited 

to criminalize other forms of exploitations of persons, especially of woman and children. 

§ 210. Within the legislative framework of the protection of victims of human trafficking, 

the European Convention on Action against Trafficking in Human Beings (hereinafter 

referred to as the CoE Convention) prescribes obligations similar to those taken on by 

States Parties of the Palermo Protocol, primarily the criminalization of intentionally 

committed criminal offences, all forms of conduct and ways of committing trafficking 

in human beings envisaged by the Article 4 of the CoE Convention, as well as the 

criminalization of the use of services of trafficking victims as objects of exploitation 

within the scope of meaning of the same Article. In addition, State Parties are also obliged 

to criminalize various forms of misuse of travel documents and other identification 

documents belonging to trafficking victims, including the forgery of, taking away and 

withholding, hiding, damaging or destroying such documents. As with the Palermo 

76


Protocol, the criminalization requirements encompass not only the main and related 

offences, but extend to other modalities as well – attempt and all forms of accomplice – 

aiding and abetting, instigation and association with or conspiracy to commit an offence. 

§ 211. In addition, it is requested by the CoE Convention and the Palermo Protocol that the 

aggravating circumstances should be stipulated if the offence is, for instance, committed 

by a state official, or within a criminal organization; if it puts the victim’s life in jeopardy 

or is committed against a child. 

§ 212. In the following text, we shall scrutinize to what extent substantive criminal 

legislation of the Republic of Serbia has complied with the criminalization requirements 

stipulated by the Protocol, the UN Convention and the European Convention on Action 

against Trafficking in Human Beings. 

III.2.1.1.1 Human trafficking and Other Related Crimes in the Serbian Legislation 

§ 213. The Criminal Code of the Republic of Serbia (hereinafter referred to as CCS) 

envisages the following criminal offences related to trafficking in human beings or similar 

practices, to the protection of the rights of the victims and to the offences committed 

against women and juveniles 244 : 

• Criminal offences related to the obligation of the criminalization of human trafficking: 

trafficking in human beings and trafficking in children for adoption. 

• Other relevant criminal offences related to human trafficking: the establishment of 

slavery and transportation of enslaved persons; illegal crossing of state border and 

smuggling of human beings. 

• Criminal offences against freedom and bodily integrity: abduction; coercion; unlawful 

deprivation of freedom; violation of free movement and residence; force and threat, 

ill-treatment and torture; abandonment of a helpless person; exposition of another 

person to a danger; endangering safety. 

• Criminal offences against sexual freedom: rape; sexual intercourse with a helpless 

person; sexual intercourse through abuse of position; illicit sexual acts; mediation in 

practicing prostitution. 

• Criminal offences against juveniles: sexual intercourse with a child; pimping and 

facilitating sexual intercourse; forcing a minor to witness sexual intercourse; 

introducing pornography to children and the exploitation of children in pornography; 

abduction of a juvenile; use of computer network or any other technical means of 

communication for the purpose of committing criminal offences against minor’s 

sexual freedom; change in family status; neglect and maltreatment of a juvenile; nonmarital 

cohabitation with a juvenile; domestic violence. 

• Criminal offences against the authenticity of documents: forgery of official and other 

documents; inducing to certify false content. 

244 

Official Gazette of RS, no. 85/05, 88/05, 107/05, 72/09 and 111/09. 


ARTICLES 1-5 

• Criminal offences related to the prohibition of discrimination: violation of equality; 

incitement of national, racial and religious hatred and intolerance; racial or other 

discrimination; ruining the reputation of the members of a racial, religious, national or 

some other group. 

• Criminal offences related to the violation of the right to privacy: unauthorized 

collection of personal data; unauthorized photographing; violation of the privacy of 

letter and other mail; infringement of the inviolability of home. 

• Criminal offences related to the violation of other rights of the victim: violation of the 

right to legal remedy; violation of the right to work, social security and other labor 

related rights. 

• Criminal offences against public order: criminal associating; conspiracy to commit 

criminal offence; participating in a group committing a criminal offence. 

• Economic criminal offences: money laundering. 

§ 214. For the purposes of this Report, we shall analyze the main offence of trafficking 

in human beings and its related categories, the criminal offence of money laundering, 

criminal offences connected with the abuse of travel documents, as well as the relevant 

criminal offences against minors, as they fall within the criminalization requirements 

established by the international documents that represent the legal basis of this Report. 

III.2.1.1.2. Criminalization of Human Trafficking in the Serbian Legislation 

§ 215. The chief trafficking criminalization requirement relates to defining the intentionally 

committed criminal offences set forth in Article 3 of the Protocol and Article 4 of the CoE 

Convention. As a response to its obligations under these documents, Serbia has envisaged 

trafficking in persons as a criminal offence in the Criminal Code of RS. Article 388 of CCS 

envisages the following: 

Human trafficking 

Article 388 

1. Whoever, by force or threat, deceiving or keeping in deception, by abusing authority, 

confidence, dependency, another’s difficult conditions, or by withholding identity 

documents or giving or receiving payments or other benefit, recruits, transports, transfers, 

delivers, sells, purchases, mediates in the purchase, harbours or holds another person, for 

the purpose of exploitation of their labour, forced labour, pursuing a criminal activity, 

prostitution or other form of sexual exploitation, vagrancy, using for pornographic 

purposes, placing in slavery or in similar status, of for the removal of organs or body parts 

or using in armed conflicts, shall be punished by imprisonment for three to twelve years. 

2. If the criminal offence referred to in paragraph 1 of this Article is committed against 

a juvenile, the perpetrator shall be punished by the punishment envisaged for this 

78


offence even if no force, threat or any other envisaged act for perpetrating this 

criminal offence has been used. 

3. If the criminal offence referred to in paragraph 1 of this Article is committed against a 

juvenile, the perpetrator shall be punished by imprisonment for not less than five years. 

4. If the perpetration of criminal offence referred to in paragraph 1 and 3 of this Article, 

resulted in a serious bodily injury of a person, the perpetrator shall be punished by 

imprisonment for five to fifteen years. 

5. If the perpetration of criminal offence referred to in paragraph 1 and 3 of this Article, 

resulted in death of one or more persons, the perpetrator shall be punished by 

imprisonment for not less than ten years. 

6. Whoever engages in committing criminal offence referred to in paragraph 1 to 3 of 

this Article or if the offence is committed by an organized group, the perpetrator shall 

be punished by imprisonment for not less than five years. 

7. If the criminal offence referred to in paragraph 1 to 3 of this Articles committed by an 

organized criminal group, the perpetrator shall be punished by imprisonment for not 

less than ten years. 

8. Whoever knows or could have known that a person is a victim of human trafficking 

and abuses the person’s position or enables another person to abuse such a position 

for the purposes of exploitation envisaged by paragraph 1 of this Article, shall be 

punished by imprisonment for six months to five years. 

9. If the criminal offence referred to in paragraph 8 of this Article is committed against 

a person whom the perpetrator knew or could have known to be juvenile, the 

perpetrator shall be punished by imprisonment for one to eight years. 

10. A person’s acceptance to being exploited or placed in slavery or in similar status 

referred to in paragraph 1 of this Article bears no significance to the existence of 

criminal offence envisaged by paragraphs 1, 2 and 6 of this Article. 

§ 216. Such a comprehensive provision that largely complies with the international standards 

we have discussed has been introduced into CCS by the amendments and supplements 

of 2005. This criminalization encompasses the principal forms of human trafficking and 

exploitation of victims, as well as their related forms determined by the qualities of the 

victim and perpetrator and the consequences that ensued. As opposed to the previously valid 

regulation, the new CCS explicitly emphasizes that the victim’s acceptance to exploitation or 

establishment of slavery or similar relationship is irrelevant to criminalizing the basic form of 

the criminal offence. 245 Since the basic criminal offence is of international character, it can be 

stated that the requests for criminalization envisaged by the international documents have 

been fulfilled. Finally, according to CCS, the term “juvenile” refers to any person below the 

age of 18 {Article 112 (10) of CCS} which is also compliant with the international standards. 

245 

See Art. 388 (10). 


ARTICLES 1-5 

§ 217. It is significant to point out that criminalization as referred to in Article 388 

encompasses nearly all forms of conduct mentioned in the definitions provided by the 

international standards, as well as all the necessary indicators of criminal offence – force, 

threat, fraud; abuse of position, confidence, dependency, other person’s unfavorable 

situation; or giving and/or receiving money or other benefits. 

§ 218. Considerable advance on the previous statutory solutions is certainly seen in the 

increase in the severity of punishment – minimum punishment by imprisonment for the 

basic form has been increased from two to three years, and maximum punishment from 

ten to twelve years. 

§ 219. When it comes to the qualifying circumstances envisaged in accordance with 

the victim’s characteristics, two circumstances need be pointed out: firstly, pursuant to 

international regulations, it has been stipulated that the indicators envisaged by Article 

388 (1) do not present a necessity in making the offence punishable if the act was 

committed against a person below the age of 18 {Article 388 (2) CCS}; secondly, if the 

victim exposed to the basic form of trafficking in human beings is a juvenile, the duration 

of punishment by imprisonment cannot be less than five years {Article 388 (3) CCS}, 

which means that the maximum sentence of twenty years can also be pronounced. 

§ 220. The above-described criminalization also encompasses two sets of aggravating 

circumstances. The one established in Paragraph 4 refers to serious bodily injuries, 

whereas Paragraph 5 defines death of one or more persons as aggravating circumstance. 

The legislation describes these aggravating circumstances using terms such as “of a 

person” and “of one or more persons”. However, in order to punish the perpetrator for the 

aggravating circumstances of human trafficking, it is necessary that the bodily injury or 

death was suffered by a passive subject, i.e. a victim of human trafficking, and not just any 

person. In addition, it is necessary that death or serious injury have occurred because the 

perpetrator acted negligently with regard to such consequences. The new amendments 

provide for a more severe minimum punishment by imprisonment (it has been raised from 

three to five years) which may be inflicted in cases of severe bodily injuries, while the 

maximum has remained fifteen years, as envisaged by the previously applied law. In case 

of the victim’s death, the punishment by imprisonment is envisaged for not less than ten 

years, which means that the maximum sentence of twenty years can also be pronounced. 

§ 221. In accordance with international standards, CCS envisages the aggravating circumstances 

of human trafficking in cases when the perpetrator has repeatedly been committing the same 

offence (multiple offences) or when the offence has been committed in organized manner by 

several persons or by an organized criminal group. The envisaged punishments are severe and 

they correspond to the gravity of the offence: the multiple offender as well as the members 

of a group are to be punished by imprisonment for not less than five years {Article 388 (6) 

of CCS}, whereas the minimum punishment for the members of an organized criminal group 

80


is ten years of imprisonment {Article 388 (7) of CCS}. In both cases, it is also possible to 

pronounce the maximum punishment of twenty years of imprisonment. 

§ 222. In accordance with the CoE Convention, the 2009 amendments to the CCS also 

introduce the so-called client’s responsibility for the abuse of a human trafficking victim. 

The statute envisages punishment by imprisonment for six months to five years for anyone 

who abuses the position of a trafficking victim or enables another person to abuse such 

a position for the purposes of punishable exploitation, if the offender knows or could 

have known that the abused person is a victim of human trafficking.246 The punishment 

is more severe if the offence has been committed against a juvenile and it amounts to 

one to eight years of imprisonment. 247 We should particularly point out that legislation 

explicitly envisages punishment not only for an intentional offence, but for the “client’s” 

negligence as well – in cases when the “client” could have known the victim was a juvenile, 

and nevertheless abused such a person for the purposes of punishable exploitation or 

made the abuse possible for another person. However, what remains unclear is why the 

legislature failed to emphasize that the victim’s acceptance to exploitation is irrelevant 

to criminalizing the offence aggravated by client’s responsibility, as is clearly stated about 

other forms of the offence (in case of the basic form envisaged by par. 1, or when the 

offence has been committed against a juvenile, by a person who is involved in human 

trafficking or by a group of several persons or organized criminal group). 

§ 223. Notwithstanding the fact that the essence of criminalized human trafficking is largely 

harmonized with the provisions of the Palermo Protocol and the CoE Convention, several 

important elements are missing from the criminalization provided by Article 388. Firstly, an 

element that has not been included by the latest amendments either, though it is defined 

by the Protocol and the CoE Convention, refers to establishing abduction and fraud as 

means of committing the offence. Secondly, the legislature has failed to define aggravating 

circumstances in case the offence of human trafficking has been committed by a state official 

performing official duties, or when the victim’s life has been exposed to danger deliberately 

or by gross negligence during the act. 248 In this respect CCS is not in accordance with the 

demands set forth by Article 24 of the CoE Convention, which requires from States Parties to 

criminalize the mentioned facts as aggravating circumstances. Thirdly, the criminalization of 

the offences committed in an extremely brutal or degrading manner is also missing, though 

it used to be defined as aggravating circumstance by one of the formerly valid statutes. 249 

If such a possibility were envisaged by Article 388, the offence might be considered as 

“endangering the life”, and the demand set forth by the CoE Convention regarding the 

definition of endangering the victim’s life deliberately or by negligence might be met. 

246 

Art. 388 (8) of the CCS. 

247 

Art. 388 (9) of the CCS. 

248 

The previous Criminal Code of the Republic of Serbia used to define such circumstances as aggravating. (See Art. 111b (2) of the CCS valid until the 

new Criminal Code of the Republic of Serbia came into force in 2005). 

249 

Ibid. 


ARTICLES 1-5 

ACTION 


Article 111b of the Criminal Law 

of Serbia (first criminalization) 

Article 388 of the Criminal 

Code of Serbia – January 2006 


Code of Serbia – August 2009 

recruitment, transportation, transfer, harboring or receipt of persons 

recruitment, transportation, transfer, delivering, selling, purchasing, 

mediating in delivery or sale, harboring or holding another person 



If the criminal offense is committed against a juvenile, the perpetrator 

shall be punished even if no force, threat or any other envisaged act for 

perpetrating this criminal offense has been used. 



Article 111b of the CL RS stipulates the following additional types of action: 

delivering, selling, purchasing, mediating in delivery or sale, or holding 

another person 

Differences 

Article 111b of the CL RS omits: 

receipt of persons 

Article 388 of the CCS stipulates the following additional types of action: 

delivering, selling, purchasing, mediating in delivery or sale, or holding 

another person 

Article 388 of the CCS omits: 

receipt of persons 

82


MEANS 








the threat or use of force or other forms of coercion, abduction, fraud, 

deception, the abuse of power or of a position of vulnerability, the giving 

or receiving of payments or benefits to achieve the consent of a person 

having control over another person 

force or threat, misleading or keeping in delusion, the abuse of authority, 

confidence, dependence relation or difficult conditions of another person 

If the act from Paragraph 1 of this Article is perpetrated against several 

persons, by abduction, in the course of performing an official duty, within 

a criminal organization, in especially cruel or in a specially humiliating way 

or if a severe bodily injury has occurred. 

force or threat, deceiving or keeping in deception, the abuse of authority, 

confidence, dependency, another’s difficult conditions, withholding 

identity documents, the giving or receiving of payments or other benefit 

force or threat, deceiving or keeping in deception, the abuse of authority, 

confidence, dependency, another’s difficult conditions, withholding 

identity documents, the giving or receiving of payments or other benefit 

Article 111b of the CL RS stipulates the following additional types of action: 

misleading or keeping in delusion, the abuse of authority, confidence, 

dependence relation or difficult conditions of another person; 

in Paragraph 2 - in the course of performing an official duty, within a 

criminal organization, in a specially cruel or in a specially humiliating way 

(abduction is mentioned in Paragraph 2) 

Differences 

Article 111b of the CL RS omits: 

other forms of coercion, of fraud, of deception, of the abuse of power or 

of a position of vulnerability or of the giving or receiving of payments or 

benefits to achieve the consent of a person having control over another 

person 

Article 388 of the CCS stipulates the following additional types of action: 

Deception, the abuse of authority, confidence, dependency, withholding 

identity documents 

Article 388 of the CCS omits: 

other forms of coercion, of fraud, of deception, of the abuse of power or of 

a position of vulnerability; 

fails to refer to abduction and fraud 


ARTICLES 1-5 

PURPOSE 








Differences 

for the purpose of exploitation 

for the purpose of acquiring some benefit, exploitation of his/her 

labor, pursuing a criminal activity, prostitution or begging, of using for 

pornographic purposes, depriving of a bodily part for the purpose of 

transplantation, or using in armed conflicts 

for the purpose of exploitation of their labor, forced labor, pursuing a 

criminal activity, prostitution or other form of sexual exploitation, begging, 

using for pornographic purposes, placing in slavery or in similar status, or 

for the removal of organs or body parts or using in armed conflicts 

for the purpose of exploitation of their labor, forced labor, pursuing a 

criminal activity, prostitution or other form of sexual exploitation, begging, 

using for pornographic purposes, placing in slavery or in similar status, or 

for the removal of organs or body parts or using in armed conflicts 

Article 111b of the CL RS stipulates the following additional types of 

purpose: 

acquiring some benefit, exploitation of his/her labor, pursuing a criminal 

activity, prostitution or begging, of using for pornographic purposes, 

depriving of a bodily part for the purpose of transplantation, or using in 

armed conflicts 

Article 111b of the CL RS does not omit any part of the definition 

Article 388 of the CCS stipulates the following additional types of purpose: 

labor, forced labor, pursuing a criminal activity, prostitution or other form 

of sexual exploitation, vagrancy, using for pornographic purposes, placing 

in slavery or in similar status, of for the removal of organs or body parts or 

using in armed conflicts 

III.2.1.1.3. Criminalizing Attempted Offence 

§ 224. The Protocol and the CoE Convention recommend States Parties, which, under 

certain circumstances, recognize punishments for the limited concept of attempt, to 

supplement the basic trafficking offence with additional offence of attempting to commit 

trafficking in persons. The next paragraphs of this study discuss such possibility in the 

Serbian legal system. 

§ 225. In principle, CCS recognizes the limited concept of punishable attempt: whoever 

intentionally commences to execute a criminal offence, but does not consummate it, 

shall be punished for the attempt only of a criminal offence for which a punishment of five 

years of imprisonment or a more serious penalty may be imposed according to the law 

{Article 30 (1) of CCS}. To punish the perpetrator for the attempt, it is of no importance 

whether the imprisonment of five years represents minimum or maximum penalty that 

84


can be imposed for the given criminal offence, or it is within its statutory limits. The 

attempt of other criminal offences is punishable only if the law explicitly provides for the 

punishment for an attempt at committing the offence {Article 30 (1) CCS}. 

§ 226. CCS does not expressly provide punishment for one who attempts to commit trafficking 

in human beings. Nevertheless, because of the statutory solutions mentioned in Article 30 (1) 

of the CCS, it is possible to punish for the attempt of the basic form of this criminal offence, 

since the punishment that can be imposed on the perpetrator may amount to five years of 

imprisonment or more. In such a case, the perpetrator may be punished by the punishment 

prescribed for trafficking in human beings. On the other hand, whether the attempt of 

trafficking accompanied with aggravating circumstances is going to be punished depends on 

the circumstances of each particular case. It is on the court to decide on this issue. 

III.2.1.1.4 Accomplice Liability for Trafficking in Persons 

§ 227. In addition to the request regarding punishable attempt to commit trafficking in 

persons, the Protocol and the Convention also require from States Parties to recognize 

accomplice liability, that is, the instigation of trafficking in human beings. 

§ 228. Regarding the above-mentioned, it should be considered that, strictly speaking, 

there are two categories of accomplice liability: instigation, and aiding and abetting. 

§ 229. In the Serbian legal system, the instigation of any criminal offence is punishable 

pursuant to Article 34 of CCS: Whoever with intent incites another to commit a criminal 

offence, shall be punished as prescribed by law for such offence. Accordingly, the 

instigation of trafficking in human beings is punishable. 

§ 230. The same is valid for aiding or abetting. The law provides that whoever intentionally 

aids or abets another in the perpetration of a criminal offence shall be punished by the 

punishment prescribed for such a criminal offence. The following conducts shall be 

deemed as acts of aiding or abetting: 

• Giving advice or instructions on how to commit a criminal offence; 

• Providing the perpetrator with the means for the perpetration of a criminal offence; 

• Providing conditions or removing the obstacles for the perpetration of a 

criminal offence; 

• Giving an advance promise to conceal the criminal offence, the perpetrator, or the 

means by which the criminal offence was committed; 

• Concealing the traces of a criminal offence or the objects procured by the criminal 

offence {Article 35 (2) CCS}. 

§ 231. The above-cited provisions of the Criminal Code are equally applicable to the 

criminal offence of trafficking in human beings. To conclude, the instigation of, and aiding 

or abetting in committing the offence of human trafficking are punishable conducts 

according to the Criminal Code of the Republic of Serbia. 


ARTICLES 1-5 

III.2.1.1.5 The Criminalization of Trafficking in Children for the Purpose of Adoption 

§ 232. Having in mind that the basic trafficking offence does not embrace trafficking 

in children for the purpose of adoption, the Serbian legislature found appropriate to 

incriminate a separate offence of trafficking in children for the purpose of adoption. 

Consider now the contents of Article 389: 

Trafficking in juveniles for the purpose of adoption 

Article 389 

1. Whoever takes a person who has not turned 16 away for the purpose of adoption contrary 

to valid regulations or whoever adopts such a person or mediates in such an adoption, or 

whoever for that purpose purchases, sells or delivers another person who has not turned 

16, or transports, provides accommodation or harbours such a person, 

shall be punished by imprisonment for one to five years. 

2. Whoever engages in acts referred to in paragraph 1 of this Article or if the offence has been 

committed in an organized manner by several persons, 

shall be punished by imprisonment for not less than three years. 

3. If the offence referred to in paragraph 1 of this Article has been committed by an organized 

criminal group, the perpetrator shall be punished by imprisonment for not less than 

five years. 

§ 233. The basic form of this offence envisages punishment for whoever takes a person 

who has not turned sixteen away for the purpose of adoption contrary to valid regulations, 

or whoever adopts such a person or mediates in such an adoption. The offence is also 

criminalized if anyone should for the purpose of adoption purchase, sell or deliver another 

person who has not turned 16, or transports, provides accommodation or harbors such 

a person. It should be noted that the latter criminalization does not necessarily refer to 

an abducted child, since selling children for the purpose of adoption can also be done by 

parents. In short, the punishment for trafficking in juveniles for adoption is inflicted upon 

whoever abducts a juvenile for the purpose of adoption, mediates in such an adoption or 

commits any other offence against a juvenile for the purpose of adoption, as well as upon 

whoever adopts such a juvenile. The duration of the envisaged punishment is one to five 

years of imprisonment. 

§ 234. In addition to the main offence, two graver forms of the offence are also criminalized 

by the CCS. The first occurs when trafficking in juveniles for the purpose of adoption 

has been committed, or when the basic form of the offence has been committed in an 

organized manner by several persons. If this is the case, the envisaged punishment by 

imprisonment is not less than three years. The second graver form of the main offence 

is also related to the perpetrator – if the offence has been committed by an organized 

86


criminal group, the envisaged punishment by imprisonment is not less than five years. 

§ 235. The first thing that might be noticed is the doubt as to who is in fact given protection 

by such a definition of the criminal offence. The title indicates a juvenile. Pursuant to par. 

10 of the Art. 112 of CCS, juvenile is any person below the age of eighteen. Had this 

been included in the essence of the criminal offence definition, the Serbian legislation 

would finally have accepted a very clear international standard which defines a “child” 

as a person who is below the age of 18. 250 Incidentally, the passive subject of trafficking 

in juveniles for adoption is defined as a person below the age of sixteen, which has 

practically excluded from legal protection a group of persons provided with the protection 

from illegal adoption by the international regulations, namely, all the persons who turned 

16 but are still below the age of 18. 251 Although the victims of human trafficking for the 

purposes of illegal adoption are usually persons below the age of 14, there are also cases 

of abductions of older children for such purposes. The law should provide protection for 

them as well. 252 

§ 236. The second inconsistency refers to the provision that the criminalized offence 

is committed “contrary to valid regulations”. The provision is redundant having in mind 

that a child cannot be legally taken away from the parents or a guardian for the purpose 

of adoption. 

§ 237. Here we should point out the unfortunate failure of our legislature to explicitly 

criminalize any attempted trafficking in juveniles for the purpose of adoption and start 

regarding as aggravating circumstance placing the child in danger of a substantial 

impairment of his or her physical or emotional development. 253 Had this been done, the 

degree of protection would have been raised significantly and illegal adoption would have 

been discouraged. In line with this suggestion, the additional paragraph to Article 389 

would be the following: 

Whoever by the acts referred to in paragraph 1 of this Article, places the child in 

danger of a substantial impairment of his or her physical or emotional development, 

shall be punished by imprisonment for six months to ten years. 

III.2.1.2 Application of Mandatory Provisions of the UN Convention on the Palermo 

Protocol and CoE Convention 

§ 238. The States Parties of the Palermo Protocol must never forget that they are obliged 

to interpret the Protocol in accordance with the UN Convention. This means that some of 

the UN Convention provisions are applied to the Protocol mutatis mutandis. 

250 

See e.g. the UN Convention on the Rights of the Child and the Council of Europe’s Convention on Action against Trafficking in Human Beings. 

251 

According to the previously valid Criminal Code, protection was given to any person below the age of fourteen. 

252 

In this respect see e.g. Art. 236 of the German Criminal Code. 

253 

The German Criminal Code could serve as an example of good practice in this case as well. 


ARTICLES 1-5 

III.2.1.2.1 Criminalization of Money Laundering 

§ 239. It is an imperative obligation for the States Parties to incriminate the laundering 

of the proceeds of a comprehensive range of trafficking offences in accordance with 

Article 6 of the Convention. 254 The Republic of Serbia has responded to this obligation by 

endorsing in its Criminal Code the criminal offence of money laundering (Article 231 of 

CCS). In line with this Report, we find it important to mention the following facts. 

§ 240. Firstly, CCS makes the following acts punishable: 

a. Conversion or transfer of proceeds of crime; 

b. Concealment or disguise of the nature, source, or of any other facts concerning 

proceeds of crime; and 

c. Acquisition, possession or use of proceeds of crime. 

§ 241. For these illegal acts, the perpetrator shall be punished by imprisonment for six 

months to five years and a fine cumulatively envisaged as additional punishment by 

the changes of and amendments to the CCS dating from the year 2009. A more severe 

punishment is envisaged if the amount of the proceeds exceeds 1,500,000 RSD 255 – in 

such a case the perpetrator shall be punished by imprisonment for one to ten years 

and a fine. 

§ 242. The latest changes of and amendments to the CCS introduced two more 

aggravating forms of the offence: the cases when the perpetrator has committed the 

basic offence with the proceeds acquired by criminal offence {Article 231 (3) of CCS} or 

when the offence has been committed by a group of persons, for which a more severe 

punishment is envisaged – imprisonment for two to twelve years and a cumulatively 

envisaged fine {Article 231 (4) of CCS}. 

§ 243. The criminal offence of money laundering also exists in case when any of the 

above-mentioned illegal acts or aggravating circumstances can be attributed to a legal 

person. In that case, a responsible person of the legal person shall be punished by the 

punishment envisaged for such acts {see Article 231 (5) of CCS}. 

§ 244. The essential element of crime is the knowledge that proceeds derives from the 

crime and the intention to conceal or disguise illegal origin of the proceeds. In order to 

punish for money laundering, proceeds can be attributable to any types of crime, including 

trafficking crimes as well. 

§ 245. The main offence is of intentional nature. Yet, the law punishes also for negligence 

if the perpetrator should have known that money or the proceeds were “the proceeds of 

crime”. In that case, the punishment is imprisonment for not more than three years. 

§ 246. The law envisages mandatory forfeiture of proceeds of crime {Article 231 (7) of 

CCS}. For the purpose of this Report, we find important to stress the following points: 

254 

See: Legislative Guides For The Implementation of The United Nations Convention against Transnational Organized Crime and the Protocols Thereto, 

p. 272-273. Hereinafter referred to as: Legal Guidelines. 

255 

1 EUR = 105.18 RSD, as of 31 December 2010. 

88


first, there is some confusion as to the meaning of the term “proceeds”. According to the 

UN Convention, it relates to any kind of assets, including money as well. Yet, in relation 

to conversion or transfer of proceeds of crime, the law speaks only about property while 

in relation to other prohibited acts, in addition to the term “property”, it also refers 

to money. In our opinion, Article 231 must be interpreted in accordance with the UN 

Convention, meaning that the term “property” should mean all assets, corporeal and 

incorporeal, movable or immovable, tangible or intangible, and legal documents or 

instruments evidencing title to, or interest in, such assets. 

§ 247. Second, confusion also exists in relation to the issue of who can be a perpetrator 

of this offence. Basically, a perpetrator can be any person, but there are different opinions 

whether this includes the perpetrator of the crime related to money laundering (socalled 

– the predicate offence). Some think that the Serbian legal system does not permit 

the prosecution and punishment of an offender for both the predicate offence and the 

laundering of proceeds from that offence. 256 If this view is to be endorsed by the courts, 

it would not stand contrary to the UN Convention – the Convention acknowledges this 

issue and allows for the non-application of the money laundering offences to those who 

committed the predicate offence, but only by countries whose fundamental principles 

so provide. 257 

§ 248. Third, participation in, association with, and conspiracy or attempt to commit any 

of the foregoing prohibited acts is punishable according to the Criminal Code. 

III.2.1.2.2 Punishable Acts of Abuse of Travel Documents 

§ 249. The States Parties are obliged under Article 20 of the CoE Convention to define 

the acts of forfeiting, obtaining and producing travel or identity documents as punishable, 

as well as withholding, forfeiting, concealing, damaging or destroying another person’s 

travel or identity document. 

§ 250. Article 355 (1) of CCS defines the following offences of document forgery as 

punishable: forging, obtaining and producing travel or identity documents. 

Whoever makes a forged document or alters a real document with intent to use such 

document as real or uses a forged or false document as real or obtains such document 

to use, 

shall be punished by imprisonment up to three years. 

§ 251. For the purposes of this Report, it should be pointed out that, according to the valid 

judicial practice, travel or identity documents are considered to be public documents, 

so the punishment envisaged for forging, obtaining or producing them is more severe – 

256 

Stojanović Z., Komentar Krivičnog zakonika, Službeni glasnik RS, Beograd 2006, p. 553-554. 

257 

See Art. 6 (2) (e) of the UN Convention. 


ARTICLES 1-5 

three months to five years of imprisonment {Article 355 (2) of CCS}. The legislation also 

explicitly prescribes that any attempt of such offence is punishable. 

§ 252. We also point out that the existence of this offence does not require that a document 

be forged for the purpose of any other offence, including the trafficking offence. If, for 

instance, a passport is used as a means of committing the trafficking offence, it might be 

regarded as concurrence of offences, provided that every legal condition is fulfilled. 

§ 253. As regards the demand for defining withholding, forfeiting, and concealing, 

damaging or destroying another person’s travel or identity document as punishable, 

it needs to be mentioned that withholding another person’s identity documents is 

punishable as part of the human trafficking offence {Article 388 (1) of CCS}, and that 

forfeiting might be interpreted as already encompassed by the act of withholding. 

§ 254. However, the acts of concealing, damaging or destroying another person’s identity 

documents are not explicitly prescribed as constituent elements of the human trafficking 

offence. Still, the recent changes of and amendments to the CCS enable criminalization 

of these acts by applying the offence defined in Paragraph 2 of Article 336 of CCS as 

preventing and hindering proving. The punishment envisaged by the above-mentioned 

provision is three months to three years of imprisonment and a fine for anyone who, with 

intent to prevent or hinder proving, conceals, destroys, damages or makes partially or 

completely unusable another person’s document or other items serving as proof. 

III.2.1.2.3 Responsibility of Legal Persons 

§ 255. State Parties are required, both by the UN standards and CoE Convention, to 

envisage the responsibility of legal persons for the criminal act of trafficking, as well as for 

other criminal acts whose criminalization is sought for by these documents. It is intended 

to proclaim the responsibility of trade enterprises, associations and similar institutions 

for any criminal acts committed by any person on a leadership position. In order to be 

able to call someone to account, any of the criminal acts described in the Protocol and 

CoE Convention has to be committed. This act must be committed by a person on a 

leadership position to the benefit of a legal person (support and instigation are included). 

The expression “person on a leadership position” refers to someone who holds a top 

position in an organization, such as the director/management. It is also required that 

the person on a leadership position acts pursuant to his/her authorization (either as 

representative of a legal person, or as decision maker, or supervisor), which indicates that 

a person acted in accordance with his/her authorization and induced the responsibility of 

the legal person. It is also required that State Parties are enabled to impose responsibility 

on a legal person in case when a criminal act is not committed by a person on a leadership 

position, but by some other person authorized by a legal person, e. g. an employee, or a 

representative acting in accordance with their authorities. 

90


§ 256. In the legal system of Serbia, a legal person’s responsibility and appropriate 

sanctions for criminal acts are stipulated by the Law on Liabilities of Legal Entities for 

Criminal Acts 258 which has been in effect since 4 November 2008. 

§ 257. For the purpose of this Report, we emphasize several basic assumptions of the 

criminal liability of legal persons: according to this Law, legal person may be held liable for 

a criminal act regulated by the CCS as well as by other laws, if the conditions were fulfilled 

for responsibility of a legal person envisaged by the Code. Legal person is responsible 

for a criminal act committed by a responsible person within his/her work obligations or 

authorities, and in favor of the legal person. Legal person may also be held liable if a criminal 

act is committed by a physical person (supervised and controlled by a responsible person), 

in favor of a legal person, and due to the lack of supervision and control. Legal person may 

be subject to the sanctions (financial sanction or termination of a status of legal person), 

suspended sentence and security measures. Also, legal person may be responsible for an 

attempted act, providing that the attempt of such act is generally punishable. 

§ 258. Therefore, under the conditions stipulated by this Law, legal entities in Serbia may 

be charged for the criminal act of trafficking, as well as for other criminal acts that we 

have mentioned in this report, as required by the Palermo Protocol and CoE Convention. 

III.2.1.2.4 Acts Must Be Criminal Acts (except for legal entities) 

§ 259. We point out that criminal acts, pursuant to the Protocol and CoE Convention, 

such as the acts of attempted trafficking, money laundry, ID abuse and destruction, are 

considered to be criminal acts according to the Criminal Code of the Republic of Serbia. 

Responsibility of accomplices in trafficking is regulated by the same piece of legislation. 

III.2.1.2.5 Sanctions 

§ 260. Sanctions that can be imposed against the perpetrator of the criminal act of 

human trafficking are established in accordance with the domestic legislation. For this 

act of crime it is possible to sentence the perpetrator to a term of imprisonment, fine or 

suspension of the perpetrator’s driving license. It is not possible to release the perpetrator 

on parole for this criminal act after the amendments to the Criminal Code of Serbia (CCS) 

in 2009. In the following text we will consider the concept of sanctions. 

a. Punishments 

§ 261. The only punishment that is prescribed for the criminal act of human trafficking is 

the punishment of imprisonment. That is a principal punishment. However, in addition to 

imprisonment, a fine as a supplementary punishment may be imposed on the trafficker 

pronounced guilty providing that trafficking was committed out of greed {Article 48 (2) 

of the CCS – General Penalty Provisions}. 

258 



ARTICLES 1-5 

§ 262. If, in the course of committing the criminal offense of trafficking in human beings or 

in the course of its preparation, a motor vehicle was used, a court may order the forfeiture 

of a driving license from the perpetrator {Article 53 (1) CCS}. This punishment can be 

ordered for a period not shorter than one or longer than three years {Article 53 (2) CCS}. 

§ 263. For the basic form of this criminal act the perpetrator can be imprisoned for three 

to twelve years. In case there are aggravating circumstances the punishment is stricter. 

§ 264. When it comes to the sanctions envisaged for the criminal act of human 

trafficking, an appreciable progress has certainly been made through the aggravation 

of punishments that occurred in 2009 – the minimum imprisonment for the basic form 

was raised from two to three years, while the maximum was raised from ten to twelve 

years of imprisonment. In addition to that, after the recent modifications of the Criminal 

Code that stipulates stricter penal policy, the perpetrator of the criminal act of human 

trafficking cannot be released on parole. The same modifications of the Criminal Code 

envisage that the punishment for this criminal act cannot be mitigated 259 . 

b) Safety Measures 

§ 265. Among the safety measures that are prescribed by the law, prohibition of professional 

and other activities and duties, restraining order and ban on communication with victims, 

expulsion of an alien from the country and the public announcement of the judgment 

can also be applied when dealing with the criminal act of human trafficking. The Criminal 

Code stipulates that the court can impose a safety measure of the expulsion of an alien 

against the perpetrator who is a foreign citizen, for the period of one to ten years {Article 

88 (1) CCS}. This is an optional, not a mandatory measure. When deciding whether to 

impose this sanction, the court should consider the nature and severity of the criminal 

act, the motives for this act, the manner in which this criminal act has been committed 

and other circumstances that indicate the undesirability of the further stay of the alien 

on the territory of Serbia {Article 88 (2) CCS}. However, this measure cannot be imposed 

on a foreign citizen who is under protection of the Republic of Serbia, in accordance to 

the ratified international treaties {Article 88 (4) CCS}. Beside that, although there is the 

lack of court practice, it is implied that this measure cannot be imposed against a foreign 

citizen to whom the asylum has been granted. 

§ 266. Moreover, new safety measures have been introduced into the system of safety 

measures envisaged by the Criminal Code – restraining order and ban on communication 

with victims, which are of extraordinary significance for the protection of trafficking 

victims 260 . This measure can last for three years at the longest. 

§ 267. As for the measure that deals with the prohibition of professional or other 

activity, the court can prohibit the perpetrator of human trafficking offence from 

259 

See new Article 57(2). 

260 

See the new Article 89a CCS. 

92


exercising a certain profession, activity or some or all duties connected to disposition, 

use, management, handling or looking after other people’s property if there is a justified 

belief that his further actions would be dangerous. 

§ 268. The court determines the duration of the measure from Paragraph 1 of this Article, 

which cannot be shorter than one and longer than ten years, the first day being the day 

of court decision becoming final and enforceable. It also stipulates that the time spent in 

prison is not included in the period of duration for this measure (Article 85, CC). 

§ 269. Finally, there is also a legal possibility the judgment finding the perpetrator guilty for 

trafficking may be publicly announced. Article 89 (1) CCS provides that a court may order 

a judgment against the perpetrator culpable for a criminal offense, which endangered life 

or health of citizens, to be publicly announced at the costs of the perpetrator, providing 

that such announcement would contribute to the diminishing or lessening of existing 

danger. In the case of trafficking, this is an optional and not mandatory measure: whether 

it will be ordered depends on the circumstances in which trafficking was committed. 

III.2.1.2.6 Previous Sentences 

§ 270. Article 25 of the UN Convention demands that each State Party should adopt 

legislative and other measures that would enable them, when sentencing a person, to 

take into account final and enforceable sentences pronounced by another State Party for 

the criminal acts envisaged by this Convention. 

§ 271. Regarding this, we need to point out that the Serbian criminal legislation envisages 

a more severe punishment for previously sentenced persons (Article 55 of CCS on 

recidivism). However, the law does not take recidivism into consideration when a person 

has previously committed the same offence abroad, though this would make way for the 

foreign court sentences to lead to more severe punishment, just as is the case with the 

sentences of the domestic courts. 

III.2.1.2.7 Presence of Defendants 

a. Measures in the course of criminal proceedings 

§ 272. The UN Convention requires from States Parties to respond appropriately to ensure 

the presence of defendants at criminal proceedings 261 . This means that in accordance with 

its domestic law and with due regard to the rights of the defense, States should ensure 

that in deciding on release pending trial or appeal, the need to ensure the presence of the 

defendant at subsequent criminal proceedings should be taken into consideration. 

§ 273. The measures taken to ensure the presence of the defendant at trial and criminal 

proceedings are set forth in the Criminal Procedure Act 262 . We emphasize the importance 

of ban on leaving the location of residence, bail and detention. 

261 

See Article 11 (3) of the UN Convention. 

262 

Official Journal of the Federal Republic of Yugoslavia, no. 70/01 and 68/02 and Official Gazette of RS, no. 58/04, 85/05, 115/05, 49/07, 20/09 

and 72/09. 


ARTICLES 1-5 

§ 274. If there are circumstances under which the defendant could abscond, hide, go to an 

unknown place or abroad, the court can make a reasoned decision to ban him from leaving 

his apartment or the place of residence without permission {see Article 136 (1) CPA}. The 

defendant can be banned from visiting certain places or meeting with certain people, or 

approaching certain people, or he/she can be ordered to call a certain authority occasionally, 

or a travel document or a driver’s license can be taken away from him temporarily {see 

Article 136 (2) CPA}. The defendant shall be warned that a detention can be ordered against 

him if he/she violates the imposed prohibitions {see Article 136 (4) CPA}. 

§ 275. We note that these measures cannot restrict the right of the defendant to reside 

in his/her home, to see the members of his/her family freely, as well as his/her close 

relatives (unless these people are included in some of the measures ordered against him/ 

her) and his/her attorney {see Article 136 (3) CPA}. 

§ 276. The mentioned measures may last as long as there is a need for them, and until the 

final judgment, at the longest. Every two months, the investigative judge or the presi ding 

judge shall determine whether the implemented measure is still needed {Article 136 (7) CPA}. 

§ 277. Through the amendments and supplements to the Criminal Procedure Act from 

2009, a possibility of electronic surveillance has been introduced toward persons upon 

whom some of the mentioned measures have been imposed. Namely, the court can order 

electronic surveillance for the defendant upon whom one or more of the mentioned 

measures have been imposed, so as to monitor the compliance with the restrictions 

determined for the defendant, providing that this will not jeopardize the defendant’s 

health. The locating device is attached to the wrist or ankle of the defendant, or in some 

other way, by an expert, who, thereby, gives the defendant detailed instructions on the 

operation of the device. The expert also handles the device with which he/she remotely 

monitors the movement of the defendant, as well as his spatial position. Electronic 

surveillance is carried out by law enforcement institutions, Security Information Agency 

or some other authority {see Article 136 (10) CPA}. 

§ 278. We especially emphasize that electronic surveillance as well as the measures 

by which the defendant has been banned from visiting certain places or meeting with 

certain people, or ordered to call a certain authority occasionally, or a travel document 

or a driver’s license has been taken away from him temporarily, can also be imposed as 

individual measures, if they are needed in order to protect an injured person or a witness, 

prevent the defendant from influencing accomplices or concealers, or if there is a risk that 

the defendant should finish the criminal act he/she has started, repeat the criminal act, 

that is, commit a criminal act in question {see Article 136 (11) CPA}. 

§ 279. The conditions for granting the bail in the Serbian legal system are set forth in 

the Criminal Procedure Act (Articles 137-140). The defendant who should be detained 

or has already been detained and for whom the circumstances indicate that he/she shall 

abscond or avoid trial, may remain at large, or may be released providing that: 

94


• The defendant personally, or another person, gives bail guaranteeing that he/she shall 

not abscond until the conclusion of criminal proceedings, and 

• The defendant personally promises that he/she shall not hide or leave his residence 

without permission (Article 137 CPA). 

§ 280. Under certain circumstances, the person against whom a ban of leaving the 

residence has been imposed, can also be ordered to pay bail as a measure of respecting 

this restriction {see Article 137 (2) CPA}. 

§ 281. It should be mentioned that the bail will always be set in a pecuniary amount 

determined with regard to the gravity of the criminal offence, the personal and family 

circumstances of the defendant as well as the financial situation of the person giving 

bail {see Article 138 (1) CPA}. Notwithstanding the bail being posted, detention will 

be ordered for the defendant to whom the bail has been granted because of the risk of 

absconding, if the duly summoned defendant fails to appear and to justify his absence, or 

if following a decision that he/she remains at large, some other legal ground for detention 

occurs against him {see Article 139 (1) CPA}. If the judgment imposes a sentence of 

imprisonment, the bail shall be revoked only when the convicted person begins to serve 

his sentence {see Article 139 (4) CPA}. 

§ 282. As far as the detention is concerned, we point out that detention is an optional 

and not a mandatory measure taken to ensure the presence of the defendant at trial and 

criminal proceedings, that it can be granted only by the court’s decision and only if the 

detention is necessary for the reasons of conducting criminal proceedings and if the same 

purpose cannot be achieved by another measure {see Articles 141 and 142 CPA}. 

§ 283. According to the Article 142 CPA, the detention can be ordered against a person 

for whom there is a reasonable suspicion that he/she has committed a criminal act: 

• if he/she is hiding or if his identity cannot be determined, or if there are other 

circumstances pointing to a risk of absconding; 

• if there are circumstances indicating that he/she will destroy, hide, change or 

counterfeit the evidence or traces of the criminal act or if special circumstances 

indicate that he/she will hinder the process by influencing the witnesses, expert 

witnesses, accomplices or concealers; 

• if special circumstances indicate that he/she will repeat the criminal act, or finish the 

attempted criminal act, or commit a criminal act in question; 

• if, as a defendant who has been duly summoned, he/she obviously fails to appear 

at trial; 

• if the criminal act, for which he/she has been charged, is punishable by imprisonment 

of over ten years and if this has been justified by the particularly serious circumstances 

of the criminal offence; 


ARTICLES 1-5 

• if the accused has been sentenced by the court of first instance to a punishment of 

imprisonment for five years or more and if this is justifiable because of the particularly 

serious circumstances of the criminal offence. 

§ 284. In our opinion, the cited statutory provisions ensure what is requested by the 

UN Convention – the legislature made an appropriate balance between the rights of the 

defendant and the need to ensure his/her presence at the criminal proceedings. 

b. Parole or Early Release 

§ 285. The UN Convention requests from States Parties to take into account the gravity 

of trafficking offences when considering the possibility of parole for convicted persons. 

According to the Serbian legal system, there are no special rules to be applied in case of 

early release of a person sentenced for trafficking offences. In such a case – the general 

rules shall be applicable. 

§ 286. The Serbian legal system allows the convicted person to submit a petition for early 

release after he/she has served two thirds of the sentence (see Article 46 CCS and Article 

522 CPA). Such solution is applied today and is more restrictive than the previous one, 

which allowed the convicted person to submit a petition for early release after he/she 

has served half of the sentence. What we especially emphasize is the fact that there is no 

mandatory parole or early release prescribed by the law. 

§ 287. The first instance court which initially tried the case, decides on the petition. 

Whether early release will be granted depends on whether the time specified by the law 

regarding release on parole has expired, on a report on an inmate’s behavior, the fulfillment 

of his/her working obligations, and on other circumstances indicating that the purpose of 

punishment is met {see Article 522 (3) CPA}. Early release is granted conditionally – it 

will be annulled if a convicted person commits a crime while on early release, or does not 

perform a duty determined by court {see Article 47 CCS}. 

III.2.1.2.8 Statutes of Limitation 

§ 288. The UN Convention requests from States Parties to establish a long domestic 

statute of limitations period for the commencement of proceedings for the trafficking 

crimes. The Serbian Criminal Code envisages that the following statutes of limitation 

shall be applicable to trafficking offences: 

• For the main offence – the statutory period is of fifteen years; 

• If the man offence of trafficking is committed against a person aged under 18, the 

perpetrator may be punished by imprisonment amounting to its general statutory 

maximum of 20 years, which in turn implies the 20-year statute of limitation; 

• If trafficking resulted in a serious bodily injury, the envisaged penalty is an imprisonment 

for 3 to 15 years, whereas the state of limitations is of 15 years; 

96


• Where trafficking resulted in death of one or more persons, this again makes room for 

imposing imprisonment amounting to its general statutory maximum of 20 years and 

the 20-year statute of limitation; 

• The same is valid if the committed offence can be imputed to a person who regularly 

engages in this criminal activity i.e. to a “trafficker” or where organized group commits 

trafficking - the statutory period is of 20 years; 

• For the “client“ the statutory period is of 5 years. 

• For the main offence of trafficking in children for the purpose of adoption, the 

statutory period is 5 years; 

• However, if the offence of trafficking in children for the purpose of adoption can be 

imputed to a person who regularly engages in trafficking i.e. to a “trafficker” or where 

organized group commits trafficking, the statutory period is of 20 years. 

§ 289. It should be mentioned that the statute of limitations shall commence to run as 

soon as the act is completed. If a result constituting an element of the offence occurs later, 

then the statute of limitations shall commence to run at that time {see Article 104 (1) CCS}. 

§ 290. The running of the statute of limitations shall be interrupted by any act aimed 

at investigation of a crime or investigation and prosecution of the offender of the crime 

committed {see Article 104 (3) CCS}. The running of the statute of limitations shall also 

be interrupted if the offender, in the period when the statute of limitations runs, commits 

the crime of the same gravity or a more severe crime {see Article 104 (4) CCS}. After each 

interruption, the statute of limitations shall commence to run anew {see Article 104 (5) CCS}. 

In any case, prosecution shall be barred by the statute of limitations, when twice period has 

elapsed since the time indicated as the statute of limitation {see Article 104 (6) CCS}. 

§ 291. In our opinion, the established statutes of limitation correspond to the gravity of 

trafficking offences. The only exception is the period applicable to the basic offence of 

trafficking in children for the purpose of adoption, which results from a relatively lenient 

sentence envisaged for this crime (see § 232-237). 

III.2.1.2.9 Asset Confiscation 

§ 292. The applicable UN standards request that, to the greatest extent possible, tracing, 

freezing and confiscation of the proceeds and instrumentalities of these offences should 

be provided in domestic cases of trafficking. 

§ 293. In 2008, the Republic of Serbia adopted a unique and comprehensive Law on 

Seizure and Confiscation of the Proceeds from Crime 263 . Among the rest, this Law is also 

applied on trafficking in human beings, trafficking in children for the purpose of adoption, 

and showing of the pornographic material and using children for pornography if the 

pecuniary gain has been acquired in criminal act, that is, if the value of the object of the 

criminal act exceeds the amount of 1,500,000 RSD (about 15.200 EUR). 

263 

Official Gazette of RS, no 97/08. 


ARTICLES 1-5 

§ 294. This Law defines the notion of proceeds very broadly: assets are considered to 

be any kind of goods, material or immaterial, movable or immovable, of estimably or 

inestimably great value and documents in any form by which the right or interest related 

to these goods is determined. In addition, assets are considered to be an income or 

other benefit acquired, directly or indirectly, from the criminal act, as well as the goods 

into which it has been transformed or with which it has been blended. Finally, the Law 

states that the assets of the defendant, special witness or decedent which is obviously 

disproportionate with his/her legal income is considered to be the proceeds from crime. 264 

§ 295. Authorities in charge of detecting, confiscation and handling proceeds from crime 

are the Public Prosecutor, court, Financial Intelligence Unit of the Ministry of the Interior 

and the Directorate for management of seized and confiscated assets. 

§ 296. Additionally, the Law envisages the possibility of a temporary and permanent 

confiscation of assets. When there is a risk that the later confiscation of the proceeds 

from crime would be more difficult or impossible, the Public Prosecutor may submit 

a request for a temporary confiscation of assets upon which he/she makes decisions. 

The temporary confiscation of assets lasts until the decision has been made about the 

request for a permanent confiscation of assets 265 . The Public Prosecutor shall submit a 

request for a permanent confiscation of the proceeds from crime after the indictment 

has taken a legal effect, and at the latest within one year after the final termination of 

criminal proceedings. 266 

§ 297. The Law on Seizure and Confiscation of the Proceeds from Crime also governs the 

question of international cooperation, that is, mutual assistance in tracing the proceeds from 

crime, ban on disposal, and temporary or permanent seizure of the proceeds from crime. 267 

§ 298. It should be mentioned that the provisions of this Law do not apply to people who 

had acquired the status of special witnesses before this Law came into force. 

§ 299. Finally, we point to the fact that CCS also envisages the sui generis measure of 

confiscating pecuniary gain. The Criminal Code explicitly states: “No one shall keep 

any pecuniary gain acquired by a criminal offence” {Article 91 (1) CCS}. This measure is 

mandatory, and in order to apply it, it is not necessary that the defendant be convicted of 

a crime. In that sense, no one can keep pecuniary gain stemming from human trafficking, 

no matter whether he/she has been found guilty for that act or not. 

III.2.1.2.10 Jurisdiction 

§ 300. States Parties are required to establish jurisdiction of investigation, issuing 

indictment and punishing all offences established by the CoE Convention and the 

Protocol. Jurisdiction must also be established over offences committed by the nationals 

264 

See Article 3 Paragraphs 1 and 2 of the Law. 

265 

Ibid. Article 21-27. 

266 

Ibid. Article 28. 

267 

Ibid. Article 50-61. 

98


who cannot be extradited on the ground of nationality. We will now consider jurisdiction 

articles of the Serbian Criminal Code, which are directly applicable to trafficking offences 

established by this law. 

§ 301. In Article 6 (1) CCS, it is established that criminal legislation of the Republic 

of Serbia is applicable to anyone who commits a crime on its territory. The territorial 

jurisdiction of Serbia includes also its marine vessels and aircrafts {Article 6 (2) (3) CCS}. 

§ 302. In certain cases, the Republic of Serbia has jurisdiction to investigate, prosecute and 

punish criminal conduct that occurs outside its borders. First, according to the principle 

of active citizenship, Serbia has jurisdiction over the crimes committed by its nationals 

outside of its border (Article 8 CCS). This is valid also for a person who has acquired 

Serbian citizenship after he/she committed the crime {Article 8 (2) CCS}. In order for 

the State to exercise the jurisdiction, it is necessary that the perpetrator has been on 

its territory or has been extradited to Serbia. Serbia can exercise the jurisdiction in this 

case only if a procedural requirement of double incrimination is met – meaning that in 

both states (in Serbia and in the territorial State) the conduct is considered a criminal 

offence {Article 10 (2) CCS}. Yet, in case that the territorial State does not punish for such 

conduct, Serbia can still restore to the principle of active citizenship upon the approval of 

its State Prosecutor {Article 10 (2) CCS}. What is implied is that Serbia has jurisdiction over 

its national who has committed the trafficking offence outside its borders even if such 

crime is not punishable in the territorial State. Accordingly, it has been secured that the 

“trafficker” who cannot be extradited due the nationality clause still can be prosecuted 

for the trafficking committed abroad. 

§ 303. For the purpose of this Report, it is important to mention that the Criminal Code 

envisages the jurisdiction upon the so-called universality principle. Namely, it provides for 

prosecution of a foreigner who has committed an offence outside of the territory of Serbia 

against another foreigner {Article 9 (2) CCS}. In order to exercise the jurisdiction in such 

case, it is necessary that the foreigner is present on its territory and has not been extradited 

to another country {Article 9 (2) CCS}. For the crime of trafficking, it will not be necessary 

to satisfy the requirement of double incrimination, since the Criminal Code explicitly 

states that if the conduct, when committed, has been regarded criminal according to the 

general principles of international law, double incrimination requirement need not to be 

met in order to establish the jurisdiction over such conduct {see Article 10 (3) CCS}. All 

what is needed to commence criminal proceedings is an approval of the State Prosecutor. 

III.2.1.2.11 Extradition 

§ 304. Human trafficking and similar offences established in the Criminal Code of Serbia 

are extraditable offences - the penalties relating to deprivation of liberty can give rise 

to extradition. 


ARTICLES 1-5 

§ 305. As to the procedure, note that Serbia has not declared, pursuant to Article 16 (5) 

of the UN Convention on Transnational Organized Crime, that it will take this Convention 

as a legal basis for cooperation on extradition with other States Parties. In the absence 

of an international or bilateral agreement regulating extradition between Serbia and 

another State Party to this Convention, the extradition will be carried on in compliance 

with domestic law. The recently adopted Law on Mutual Legal Aid in Criminal Matters 268 

regulates the extradition proceedings. 

§ 306. For the purpose of this Report, we note that the most important requirements 

for extradition refer to the request that the person whose extradition is requested is 

not a citizen of Serbia, that the act for which the extradition is requested has not been 

committed on the territory of the Republic of Serbia, against it or its citizen and that 

an indictment on the basis of which the extradition is requested has not been issued 

against the same person in the Republic of Serbia 269 . Apart from that, the requesting state 

is, among other things, required to provide guarantees that in case of a conviction in 

absentia the process will be repeated in the presence of the extradited person, as well as 

that the death sentence prescribed for the offence on the basis of which the extradition is 

requested, will not be issued, that is, enforced. 270 

§ 307. Finally, if extradition is denied on the ground that the fugitive is a Serbian national, 

there is always legal possibility for domestic prosecution, which is one of the requests of 

the UN Convention on Transnational Organized Crime (see § 303). 

III.2.1.2.12 Mutual Legal Assistance 

§ 308. Article 18 of the UN Convention on Transnational Organized Crime endorses 

mutual legal assistance among States Parties regarding investigation, prosecution and 

judicial proceedings for the offences established by the UN Convention and the Protocol. 

The UN Convention specifies that each State Party must provide for Article 18 (9-29), 

to govern the modalities of mutual legal assistance in the absence of a mutual legal 

assistance treaty with another State Party. If existing domestic law governing mutual 

legal assistance is inconsistent with any of the terms in the Article 18 (9-29) and if 

domestic law prevails over treaties, the UN Convention requires the adoption of adequate 

legislative measures. 271 

§ 309. In the Republic of Serbia, the fundamental principle concerning mutual legal 

assistance is that it shall be afforded in accordance with the provisions of international 

treaties. Only, if there is no international treaty or if an international treaty does not 

regulate certain issues, the mutual assistance shall be afforded in accordance with the 

recently adopted Law on Mutual Legal Aid in Criminal Matters. As to the international 

268 


269 

See Article 16 of the mentioned law. 

270 

Ibid. 

271 

Article 18 (7) of the UN Convention. 

100


treaties regarding international mutual assistance, note that apart from the UN 

Convention, Serbia has also ratified the following international treaties relevant for the 

matters we are discussing: 

• European Convention on Mutual Assistance in Criminal Matters and its protocol 272 , 

• European Convention on the Transfer of Proceedings in Criminal Matters 273 , 

• Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime 274 , 

• European Convention on Extradition and its protocols 275 , 

• European Convention on the International Validity of Criminal Judgments 276 

§ 310. Serbia has also concluded numerous bilateral treaties regarding mutual assistance 

in criminal and civil matters. 277 

§ 311. Article 16 (2) and Article 194 (4) of the Serbian Constitution specify that general 

principles of international law and ratified international treaties represent an integral part 

of the legal system. The Constitution also requires that ratified international treaties must 

be in accordance with the Constitution {Article 16 (2) and Article 194 (4)}. Since there is 

no prima faciae evidence that the Convention on Transnational Organized Crime is not 

in conformity with the Constitution, therefore, although Serbia has made no specific 

declarations regarding acceptability of Article 18, the priority of Article 18 is confirmed 

by its own acts. 

§ 312. In any case, it is worth mentioning that the provisions of the Law on Mutual Legal 

Aid in Criminal Matters equal to a considerable extent to Article 18 of the Convention. 

§ 313. First, according to the mentioned Law, mutual legal assistance particularly includes 

extradition of the accused or convicted, taking over and transferring prosecutions, and 

execution of criminal judgment. The Law also envisages other forms of international legal 

aid including the execution of procedural action, such as calling and delivering written 

material, hearing of the defendant, hearing of witnesses and expert witnesses, investigation, 

search of premises and persons, temporary confiscation of assets; taking measures, such 

as surveillance and recording phone and other conversations or communications and 

optical recording of faces, controlled delivery, providing simulated business services, 

conclusion of simulated legal transactions, use of undercover investigators, computer 

search and data processing; exchanging information and delivering written material 

and objects related to the criminal proceedings in the requesting state, delivering data 

without a letter rogatory; use of audio and video conference connection, forming joint 

272 

Official Journal of FRY (International Treaties), no. 10/01. 

273 

Ibid. 

274 

Official Journal of FRY (International Treaties), no. 7/02 

275 

Official Journal of FRY (International Treaties), no. 10/01 

276 

Official Journal of FRY (International Treaties), no. 13/02. 

277 

E.g. with Albania, Algeria, Austria, Belgium, Bulgaria, Czech Republic, France, Greece, the Netherlands, Iraq, Cyprus, Hungary, Slovakia, Italy, 

Germany, Mongolia, Poland, Romania, USA, Russia, Spain, Switzerland, Turkey and Great Britain. For more see, Grubač M. (2002), Zakonik o 

krivičnom postupku, sa kratkim objašnjenjima, Beograd; Službeni glasnik, p. 393-395. In recent times, the significantly important agreements 

are considered to be those concluded with Member States of the former SFRY, namely with Bosnia and Herzegovina, Montenegro, Croatia and 

Macedonia. For more see List of multilateral and bilateral agreements in the field of international cooperation, Council of Europe, http://www. 

mpravde.sr.gov.yu/images/1797-d-inventory%20of%20agreements%20-SR.pdf 


ARTICLES 1-5 

investigative teams; temporary surrender of a prisoner for interrogation before the 

authority of the requesting state. 278 Although the Serbian legislation does not specify 

whether legal assistance will be provided with respect to investigations, prosecutions and 

judicial proceedings against a legal person, this, in our opinion, does not render mutual 

legal assistance in this case impossible. 

§ 314. Second, although the UN Convention on Transnational Organized Crime allows 

States Parties to refuse mutual legal assistance under certain conditions 279 , it makes clear 

that assistance cannot be refused on the ground of bank secrecy or for offences considered 

to involve fiscal matters. 280 In this sense, the Serbian legislation is in conformity with 


§ 315. And finally, we note that the international legal aid is also provided upon the 

request of the International Court of Justice, International Criminal Court, European 

Court of Human Rights and other international institutions founded by the international 

agreement approved by the Republic of Serbia. The authorities in charge of providing 

international legal aid are domestic courts and public prosecution, and certain actions in 

the process of mutual legal aid are carried out by the Ministry of Justice, the Ministry of 

Foreign Affairs and the Ministry of the Interior. 

III.2.1.2.13 Special Investigative Techniques 

§ 316. In accordance with Article 20 of the UN Convention on Transnational Organized 

Crime, a State Party must: 

a. Establish controlled delivery as an investigative technique available at the 

domestic and international level, if permitted by the basic principles of its domestic 

legal system; 

b. Have the legal ability to provide on a case-by-case basis international cooperation 

with respect to controlled deliveries, where not contrary to the basic principles of its 

domestic legal system; 

c. Where deemed appropriate, establish electronic surveillance and undercover 

operations as an investigative technique available at the domestic and 

international level. 

§ 317. The concept of special investigative techniques to fight against certain crimes, 

including organized crime, has been endorsed in the separate section of the Criminal 

Procedure Act titled “Specific provisions on the procedure for the criminal acts of organized 

crime, corruption and other especially grave criminal acts”, with the latest amendments 

and supplements of this Act. 281 The section establishes different kinds of investigative 

techniques and regulates in a detailed manner the procedure for their implementation. 

278 

See Article 2 and Article 83 of the mentioned law. 

279 

Article 18 (21) of the discussed UN Convention. 

280 

Ibid. Article 18 (8) and (22). 

281 

See Section XXIXa CPA. 

102


§ 318. For the purpose of this Report, note that the law establishes the special investigative 

technique of controlled delivery (Article 5041 CPA) and permits the use of surveillance 

and recording phone and other conversations or communication (Article 504e CPA) and 

undercover operations (Articles 504i-504k and 504m-504nj CPA), as requested by the 

UN Convention. It is important to remember that the technique of electronic surveillance 

is also allowed, Article 136 (10) of this Act. The Criminal Procedure Act provides that all 

of these techniques can be used in fight against human trafficking, that is, used in relation 

to the acts whose incrimination is required by the mentioned international standards. 

III.2.1.2.14 Obstruction of Justice 

§ 319. Article 23 of the UN Convention requires the establishment of the following two 

criminal offences: 

a. Use of physical force, threats or intimidation or the promise, offering or giving of 

an undue advantage either to induce false testimony or to interfere in the giving 

of testimony or the production of evidence in proceedings in relation to offences 

covered by the Convention, and 

b. Use of physical force, threats or intimidation to interfere with the exercise of official 

duties by a justice or law enforcement official in relation to offences covered by 


§ 320. In the Serbian legal system, the use of physical force, threats or intimidation or 

the promise, offering or giving of an undue advantage either to induce false testimony 

or to interfere in the giving of testimony or the production of evidence in proceedings is 

criminalized in Article 336 of the Criminal Code Interference in the Giving of Testimony. 

A perpetrator may be any person, while the prohibited acts may occur in judicial or any 

other governmental proceedings, including pretrial processes. The envisaged punishment 

for this act is cumulatively imprisonment for six months to five years and a fine. 

§ 321. The use of physical force, threats or intimidation to interfere with the exercise of 

official duties by a justice or law enforcement official in relation to criminal offences are 

established as aggravating circumstances of the following criminal offences: Interference 

with Official Acts of Public Official and Attack on Public Official in Exercising Official Acts 282 . 

The perpetrator of these offences shall be punished by imprisonment for one to eight 

years or more in the case of inflicting grave physical injury. The attempt of both offences 

is also punishable. 

§ 322. The above-mentioned criminal offences are applicable to the perpetrator who 

commits them in relation to trafficking offences. Therefore, we find their incrimination in 

conformity with Article 23 of the UN Convention. 

282 

See Article 322 (3) and Article 323 (3) CPA. 


ARTICLES 1-5 

III.2.1.2.15 Protection of Victims and Witnesses 

§ 323. The UN Convention against Transnational Organized Crime recognizes the 

importance of protecting victims and witnesses - Articles 24 and 25 deal separately with 

witnesses (protection only) and victims (assistance and protection). Article 28 of the 

European Convention deals with these problems. Since the Palermo Protocol provides for 

assistance to and protection and repatriation of victims (Articles 6, 8 and 9), the issues 

regarding victim protection and assistance will be discussed in the sections devoted to 

the analysis of the above-mentioned articles. Here, we are going to focus on the measures 

provided in the Serbian legal system regarding the protection of witnesses. 

§ 324. The 2005 Law on the Protection Program for Persons Participating in the Criminal 

Proceedings 283 regulates the protection of suspects, defendants, special witnesses, 

witnesses, injured persons, expert witnesses and experts. Under certain conditions, 

relatives and other persons close to the above-mentioned persons are entitled to 

protection, as well. Protection program may be undertaken before, in the course of, as 

well as after the criminal proceedings has been completed by a final judgment. 

§ 325. The protection of the above-mentioned persons is permitted with regard to the 

following offences: 

• Offences against Constitutional Order and Security, 

• Offences against Humanity and International Law, 

• Organized Crime. 

§ 326. A protection scheme includes: 

• Physical protection, including physical protection of property, 

• Domestic or foreign relocation, 

• Identity protection and protection of data related to property, 

• Altering personal identity. 

§ 327. In addition, the Criminal Procedure Act provides evidentiary rules to permit witness 

testimony i.e. special arrangements for giving evidence. 

§ 328. In conclusion, we find that the standards regarding witness protection, which are set 

forth in Article 24 of the Convention, have been duly respected in the Serbian legal system. 

III.2.1.2.16 Cooperation of Offenders 

§ 329. Article 26 of the UN Convention encourages cooperation between persons 

involved in organized crime and law enforcement institutions. States Parties are required 

to respond appropriately, but the substance of the appropriate measures is left to 

national drafters. 284 

§ 330. As far as Serbian legal system is concerned, the cooperation between offenders 

and competent authorities in fight against organized crime is based on the legislative 

283 


284 

Legislative Guides, supra note 12, p. 172. 

104


authority – the Criminal Procedure Act and the Law on the Protection Program for Persons 

Participating in the Criminal Proceedings have regulated the related issues. 

§ 331. Thus, the Criminal Procedure Act refers to the conditions under which the offenders 

may get the status of a special witness, the proceedings for obtaining such a status, 

immunity provisions, the obligations imposed to the special witness, his/her interrogation, 

mitigation of punishment, non-punishment and the revocation of the protected witness 

status (see Articles 504o-504ć CPA). We note that the special witness cannot be a person 

for whom there is a reasonable suspicion that he/she is an organizer of a criminal group. 

§ 332. The Law on the Protection Program for Persons Participating in the Criminal 

Proceedings regulates in detail measures to be undertaken to protect life, health, physical 

integrity, liberty and property of the protected persons, including the offenders who got 

the special witness status. 

§ 333. Both acts are applicable to trafficking offenders. 

III.2.1.2.17 Law Enforcement Cooperation and Training and Technical Assistance 

§ 334. The UN Convention requests from States Parties to strengthen the channels of 

communication among their respective law enforcement authorities, undertake specific 

forms of cooperation in order to obtain information about persons, the disposal of 

proceeds and instrumentalities of crime, provide to each other items or quantities of 

substances for the purpose of analysis or other investigative purposes, promote exchanges 

of personnel including the posting of liaison officers, exchange information on a variety of 

means and methods used by organized criminal groups, and conduct other cooperation 

for purposes of facilitating early identification of offences. 285 

§ 335. According to the Serbian legal system, international cooperation in the field of 

organized crime is to be implemented according to the ratified international treaties 

or domestic laws. For example, the 2005 Law on the Protection Program for Persons 

Participating in the Criminal Proceedings envisages that the international cooperation in 

implementing this act shall be afforded upon international treaties or memorandums of 

cooperation (see Article 39). 

§ 336. Among many relevant international treaties, Serbia has ratified the Police 

Cooperation Convention for Southeast Europe 286 ; the Agreement on Strategic Cooperation 

between the Republic of Serbia and the European Police Office was signed and ratified 287 

in 2009. Moreover, our country cooperates with SECI Center in Bucharest, Hunagry 288 

and MARRI Center in Skopje, Macedonia 289 . Among many bilateral agreements on police 

285 

Article 27 of the UN Convention. 

286 


287 


288 

http://www.secicenter.org 

289 

The Migration, Asylum, Refugees Regional Initiative (MARRI) was founded in 2003 as a result of a merger between two initiatives: Stability 

Pact – Migration and Asylum Initiative (MAI) and Regional Return Initiative (RRI). MARRI Member States are Albania, Bosnia and Herzegovina, 

Macedonia, Serbia, Croatia and Montenegro. http://www.marri-rc.org 


ARTICLES 1-5 

cooperation let us mention those signed in the course of 2009 with France, Switzerland 

and Israel. 

§ 337. In order to facilitate international cooperation, the Law on Mutual Legal Aid 

in Criminal Matters entrusts certain affairs to the Ministry of the Interior, such as for 

example, the execution of the decision on extradition. 290 

III.2.1.3 Other General Demands for the Criminalization of Human Trafficking in the 

National Legislations Prescribed by the UN Convention and Palermo Protocol 

III.2.1.3.1 Non-inclusion of Transnationality in Domestic Offences 

§ 338. In the Criminal Code of Serbia, transnationality is not specified as an element of 

the criminal offence of human trafficking. In that sense, the domestic law is in accordance 

to Article 34 (2) of the UN Convention. 

III.2.1.3.2 Non-inclusion of an Organized Criminal Group in Domestic Offences 

§ 339. The UN Convention, in Article 34 (2), demands the introduction of similar criminal 

offences in domestic legislation, regardless of the participation of an organized criminal 

group. Having this on mind, we warn that the basic offence of human trafficking is defined 

in accordance with this demand, while the participation of an organized criminal group 

in committing the crime is seen as an aggravating circumstance when sentencing the 

perpetrator {Article 388 (7) and Article 389 (3) CCS}.Thus, human trafficking and similar 

criminal offences in the Criminal Code of Serbia are applied equally, no matter whether 

they were committed by an individual, several people or an organized group. 

III.2.1.3.3 Criminalization May Use Legislative and Other Measures, But Must Be 

Founded in Law 

§ 340. This standard is valid for every case when the UN Convention or Protocol refer to 

“other measures” that need to be adopted in the course of establishing criminal offences. 

Those measures must be founded in law. 

§ 341. All measures aimed at the criminalization of behavior defined as human trafficking 

and similar forms of exploitation are founded in law. This principle is followed not only 

when it comes to criminalization, but also when adopting measures that regulate the 

status of a human trafficking victim, protection of their privacy and identity, as well as 

those connected to the issuing of travel documents. 

III.2.1.3.4 Only Intentional Conduct Need to Be Criminalized 

§ 342. It has been said before that the main offense of trafficking is of intentional nature. 

Although the Convention does not request the conduct that involves lower standards 

to be punished, still such conduct can be made a crime under Article 34 (3), which 

290 

See Article 37 of the mentioned Law. 

106


expressly allows for measures that are more strict or severe than those provided for in the 

Convention. The fact that the Criminal Code provides a more severe punishment if the 

main offense of trafficking resulted in a serious bodily injury of a person or in death of a 

person or more persons, corresponds with the line of reasoning given in Article 34 (3) of 

the Convention. In order to be punishable, the bodily injury or death must be attributable 

to the negligence of the perpetrator. 

III.2.1.4 Optional Criminalization 

§ 343. In addition to the demands for the explicit criminalization of human trafficking, 

State Parties to the Palermo Protocol are also encouraged to consider the punishing of 

other forms of exploitation of human beings, especially women and children (Art. 9, par. 

5 of the Protocol). 

§ 344. In the previous parts of this Report, we mentioned that the Serbian legislature 

has criminalized various forms of exploitation of persons, including slavery and transport 

of enslaved persons, the illegal crossing of state border and people smuggling, as well 

as the exploitation of human trafficking victims by clients. In addition, some forms of 

exploitation of children have also been explicitly made illegal. 

§ 345. For instance, the Serbian Criminal Code envisages a series of offences related to 

sexual exploitation of children and child pornography. To remind: these offences include 

rape, sexual intercourse with a child, sexual intercourse by abuse of position, illicit sexual 

acts, pimping and facilitating sexual intercourse, forcing a juvenile to witness sexual 

intercourse, mediation in conducting prostitution, introducing pornography to children 

and the exploitation of children in pornography. In the following part of this Report, we 

are going to scrutinize the rudiments of articles criminalizing conducts related to the 

exploitation of juveniles and children. 

III.2.1.4.1 Criminalizing Offences Related to the Exploitation of Children and Juveniles 

a. Crimes Related to Exploitation of Juveniles and Children 

§ 346. The Serbian legislature has paid a special attention to the protection of juveniles 

and children from sexual exploitation. If the criminal offence of rape, sexual intercourse 

with a vulnerable person, sexual intercourse by abuse of position, illicit sexual acts or 

mediation in conducting prostitution has been committed against a juvenile or a child, 

the Criminal Code regards this fact as an aggravating circumstance. 

§ 347. As a rule, the penalties that can be inflicted on the perpetrators who committed 

any of the mentioned crimes against juveniles or children are more severe than those 

that can be imposed if the victims are adults. 291 Moreover, sexual intercourse with a child 

(Article 180 of CCS) and pimping and facilitating sexual intercourse (Article 183 of CCS) 

291 

This pertains to the criminal offence of rape {Art. 178 (3) of CCS}, sexual intercourse with a helpless person {Art. 179 (2) and (3) of CCS}, sexual intercourse 

by abuse of position {Art. 1818 (2) (3) (4) (5) of CCS}, illegal sexual acts (Art. 182 of CC) and mediation in conducting prostitution {Art. 184 (2) of CCS}. 


ARTICLES 1-5 

and forcing a juvenile to witness sexual intercourses (Article 185a of CCS) are drafted as 

separate criminal offences aimed exclusively to protect juveniles and children. It needs 

to be added that the amendments to the CCS from the year 2009 envisage considerably 

more severe punishments for almost all offences against sexual freedom, particularly for 

the offences against sexual freedom when the victims are children and juveniles. 

§ 348. As regards the offences of pimping and facilitating sexual intercourse, as well 

as mediation in conducting prostitution, the perpetrators of such offences have since 

recently been forced to pay a fine in addition to the main punishment by imprisonment. 

Finally, in certain circumstances the Criminal Code stipulates a more severe penalty when 

the victim is a child than when the crime has been committed against a juvenile. 

§ 349. According to the Serbian Criminal Code, instigation, attempt and aiding or abetting 

in committing such crimes are also punishable. 

§ 350. Speaking about forced prostitution, note that the law does not regard as an 

aggravating circumstance the fact that the offender has deliberately or by recklessness 

endangered the life of the child, nor if the offense involves serious violence or caused 

serious harm to the child. 292 

b. Offences Concerning Juvenile Pornography 

§ 351. In order to prevent and punish for child pornography, the Criminal Code in Article 185 

envisages the offence of “presenting, obtaining and possessing pornographic material and 

the exploitation of a juvenile in pornography” and in Article 185b “utilization of computer 

networks or communication by any other technical means for committing a criminal offence 

against the sexual freedom of a juvenile”. The following acts have been made illegal: 

Presenting, obtaining and possessing pornographic material and the exploitation of a 

juvenile in pornography 

Article 185 

1. Whoever sells, shows or publicly exhibits or otherwise makes accessible to a juvenile 

writings, pictures, audiovisual material or other objects of pornographic content or shows 

the juvenile a pornographic performance, 

shall be punished by a fine or imprisonment for not more than six months. 

2. Whoever abuses a juvenile for the purpose of production of pictures, audiovisual material 

or other objects of pornographic content or for a pornographic performance, 

shall be punished by imprisonment for six months to five years. 

3. If the offence envisaged by Par. 1 and 2. of this Article has been committed against a child, 

for the offence envisaged by paragraph 1 the perpetrator shall be punished by imprisonment 

for six months to three years, and for the offence envisaged by paragraph 2, by imprisonment 

for one to eight years. 

292 

Ibid. 

108


4. Whoever obtains for himself/herself or other, or owns, sells, shows, publicly exhibits or 

electronically or otherwise makes accessible picture, audiovisual material or other objects 

of pornographic content produced by the exploitation of a juvenile, 

shall be punished by imprisonment for three months to three years. 

5. The objects referred to in paragraph 1 to 4 of this Article, shall be forfeited. 

Utilization of computer networks or communication by any other technical means for 

committing a criminal offence against the sexual freedom of a juvenile 

Article 185b 

1. Whoever with the intent to commit a criminal offence referred to in Articles 178 (4), 179 

(3), 180 (1) (2), 181 (2) (3), 182 (1), 183 (2), 184 (3), 185 (2) and 185a of this Code, utilizing 

a computer network or communication by any other technical means, arranges a meeting 

with a juvenile and appears at the place agreed for the meeting, 

shall be punished by imprisonment for six months to five years and a fine. 

2. Whoever commits the offence referred to in paragraph 1 of this Article against a child, 

shall be punished by imprisonment for one to eight years. 

§ 352. As it has been known, according to the EU Framework Decision on combating 

the sexual exploitation of children and child pornography, State Parties are required 

to declare the following acts as criminal offences: production of child pornography, 

distribution, dissemination and presentation of child pornography, supplying with or 

allowing access to child pornography, as well as purchasing and possession of child 

pornographic material. 293 Thereby, it is of no significance whether the offences have been 

committed by using computer systems or not. According to the EU Framework Decision, 

victim of these criminal acts is a child, i.e. every person under 18. Even though Serbia is 

not a member of the EU, it would be useful to make some comparisons. 

§ 353. By criminalizing the above mentioned offences, Serbia has largely responded to 

the established EU standards. By force of the recently adopted amendments to the CCS, 

not only that the exploitation of children in child pornography has become punishable 

by law, but also the purchasing or possessing of child pornography, as well as production, 

trade and access to pornography featuring underage persons produced as a result of the 

abuse of underage persons, i.e. children {Article 185 (2), (3) and (4) of the Criminal Code 

of Serbia}. 

§ 354. However, in our opinion sanctions envisaged by the law are mild, bearing in mind 

that there is more to child pornography than just pornography: it can seriously jeopardize 

both physical and mental integrity of a child. 

293 

Ibid. See Article 3. 


ARTICLES 1-5 

III.2.2. Practice Analysis 294 

III.2.2.1. Human Trafficking in Serbia before the Criminalization 

§ 355. The period until the criminalization of human trafficking in Serbia was characterized 

by general ignorance of human trafficking as a social problem and its confusion with 

prostitution and people smuggling. 

§ 356. In practice, trafficking in women and children is mostly studied as a migration 

or law enforcement issue, and rarely in the context of a human rights-based approach. 

Trafficking victims suffer multiple forms of abuse and ill-treatment, including physical, 

mental, and sexual violence. Authorities failed to treat the rape of trafficking victims in 

the same way as they would treat the rape of other citizens. This is because victims of 

trafficking are treated as prostitutes, and any alleged rape of such persons is seen as an 

occupational hazard. 

§ 357. During the 1980s, thanks to its better standards of living, SFR Yugoslavia had 

been mostly the country of destination for victims from the Eastern Block, in particular 

former Soviet Union. However, situation dramatically changed in the 1990s when Serbia 

increasingly became the country of origin and transit for victims on their way from the 

East to the West. 

§ 358. It took a long time before the authorities realized that Serbia was both the country 

of origin and destination, and not only the transit country, and that trafficking concerned 

not only “some Moldavian and Ukrainian girls”, but also domestic citizens, and before 

they accepted that trafficking in human beings was a very profitable criminal activity 

widely present within the borders of Serbia. Victims, mostly from Moldova, Romania, 

Ukraine, and Bulgaria, end up in Kosovo, Bosnia, Albania, and Western Europe. 

§ 359. Children have been trafficked across Serbia for forced begging and theft in Western 

Europe. War conflicts and the collapse of institutions in Serbian society during the last 

decade of the 20 th century created conditions for the surge of organized crime, including 

groups that organized trafficking in human beings. 

§ 360. Until the criminalization of human trafficking in the Serbian legislation (April 

2003), trafficking victims in our country, like in other countries in the region, were not 

recognized as such, but were mostly treated as criminals or at least as petty offenders 295 . 

They were most often punished for sex work pursuant to Article 14 of the Law on Public 

Peace and Order. 296 Even in more severe cases, when the perpetrators were prosecuted 

for pimping, victims were put in detention and treated as witnesses and not as victims. 

294 

This comment applies for each article addressed in this Report. The structure of Practice Analysis wherever possible follows the structure of Legal 

Analysis. 

295 

It should be noted here that in 2002 NGOs established cooperation with the police and one number of victims was properly identified and 

assisted. 

296 

Official Gazette of RS, no. 51/92, 53/93, 67/93, 48/94, 85/2005 – other law, 101/2005 – other law. 

110


Article 14 

Whoever practices prostitution or provides premises for prostitution shall be punished with 

imprisonment of up to 30 days. 

Whoever provides premises for prostitution to a minor shall be punished with imprisonment 

of up to 60 days. 

§ 361. Foreign citizens were mostly punished pursuant to Articles 106 and 107 of the 

Movement and Residence of Foreigners Act 297 : 

Article 106 

A fine of up to RSD 50,000 or prison sentence of up to 30 days shall be imposed on an alien 

1. Who has come to the Socialist Federal Republic of Yugoslavia when he is prohibited to do 

so pursuant to the provisions of Article 25 hereof; 

2. Who has produced inaccurate personal data or has used false documents (Article 34, Item 2); 

3. Who has used another person’s travel document or has given his travel document to 

another person to use it (Article 34, Item 3); 

4. Who has come to the Socialist Federal Republic of Yugoslavia in an illicit way and has not 

been granted the refugee status, i.e. asylum right (Article 34, Item 4); 

5. Who has helped or induced another person to illicitly cross the state border of the Socialist 

Federal Republic of Yugoslavia (Article 34, Item 6); 

6. Who has come to the Socialist Federal Republic of Yugoslavia during the period in which 

his temporary residence was canceled (Article 36, Paragraph 2); 

7. Who has failed to leave the territory of the Socialist Federal Republic of Yugoslavia within 

the period specified in a decision of the competent authority (Article 61, Paragraph 1). 

For the violation referred to in Paragraph 1 of this Article, the alien shall also be given a 

protective measure of banishment from the territory of the Socialist Federal Republic of 

Yugoslavia. 

Article 107 

A fine of up to RSD 40,000 or pris on sentence of up to 15 days shall be imposed on an alien 

1. Who has moved, stayed or taken up permanent residence in a specific place or area 

where moving, staying or taking up permanent residence by aliens is limited or prohibited 

(Article 4, Paragraph 4); 

2. Who has stayed in the Socialist Federal Republic of Yugoslavia for two days longer than 

specified in his visa, tourist pass or temporary residence permit or who has failed to apply 

for temporary residence permit within the specified time period (Article 16, Paragraph 1, 

Article 31, Paragraph 1 and Article 32, Paragraph 1); 

297 

Official Journal of SFRY, no. 56/80, 53/85, 30/89, 26/90, 53/91, Official Journal of FRY, no. 24/94, 28/96, 68/2002, Official Gazette of RS, no. 

101/2005 – other law, 109/2007 – other law. 


ARTICLES 1-5 

3. Who has left the place of residence determined by the competent authority (Article 63); 

4. Who wears foreign military, police or customs uniform during his stay in the Socialist 

Federal Republic of Yugoslavia contrary to the provisions of the law (Articles 65 and 66); 

5. Who has failed to report his residence or the change of address to the competent authority 

or to cancel his residence before leaving the place of residence (Article 80); 

6. Who avoids reporting his residence or the change of address to the competent authority 

(Article 81, Paragraph 2); 

7. Who has refused to produce an identity document to the authorized person (Article 83, 

Paragraph 2); 

8. Who has given his personal identification card to another person for use or who has used 

another person’s personal identification card for aliens (Article 91, Paragraph 2). 

An authorized persons of the authority in the Republic, i.e. Autonomous Province responsible 

for border control shall charge the alien immediately with the fine amounting to RSD 5,000 

for violations referred to in Paragraph 1, Item 2 hereof. 

§ 362. As said in §163-170 of the Initial Report of the Republic of Serbia to the Committee 

on the Elimination of Discrimination against Women 298 , “The victims of trade in people, 

before reaching the place (country) in which they were coerced to sex work (sanctioned 

by the criminal act of mediation in conducting prostitution referred to in Article 251 

of the PC FRY/BPC), used to come through illegal channels crossing the state border 

illegally. (Sanctioned by the criminal act of illegal crossing of the state border referred 

to in Article 249 of the BPC). For this purpose forged passports were used (sanctioned 

by the criminal act of forged passport referred to in Article 233 of the PC RS). During 

illegal transfer women were closely guarded (sanctioned by the criminal act of unlawful 

deprivation of freedom referred to in Article 63 of the PC RS and the criminal acts of 

establishing relationship of slavery and/or of transporting a person in a relationship of 

slavery referred to in Article 155 of BPC)[...]In the period from 1992 to 2003, a total of 

1,710 cases of the offence of conducting prostitution or making available premises for 

conducting prostitution referred to in Article 14 of the Law on Public Peace and Order of 

the RS were registered (1992 – 11; 1993 – 13; 1994 – 40; 1995 – 24; 1996 – 63;1997 – 100; 

1998 –192; 1999 – 114; 2000 – 63; 2001 –165; 2002 - 637; six months of 2003 - 288) for 

the purpose of committing minor offences by persons under the age of 14 (5); from 14 to 

16 years (10); from 16 to 18 (66) and over 18 (1,629) or 95.2 per cent. In the period from 

1992 to June 2003, a total of 241 criminal acts of mediation in conducting prostitution 

referred to in Article 251 of the BPC have been registered in the territory of the Republic 

of Serbia (1992 –2); 1993 – 0; 1994 – 2; 1995 – 8; 1996 – 16; 1997 – 10; 1998 – 10; 1999 

– 15; 2000 – 15; 2001 – 42; 2002 – 76; 2003 45. Altogether 20 criminal acts are those 

298 

Convention on the Elimination of All Forms of Discrimination against Women, Consideration of reports submitted by States Parties under Article 

18 of the Convention on the Elimination of All Forms of Discrimination against Women, Serbia, 17 October 2006. 

112


referred to in Article 251, paragraph 2 of the BPC, i.e. criminal acts committed against an 

underage female person by the use of force, threat or deception (1994 – 1; 1996 – 2; 1998 

– 2; 2000 – 3; 2001 – 3; 2002 – 8; 2003 –1). During the period under review one criminal 

charge was brought for the criminal act of showing pornographic material referred to in 

Article 252 of the BPC (2001). Significant results in suppressing sex work were achieved in 

the course of 2002. In the territory of Belgrade alone, 38 criminal charges were brought 

against 58 persons for the criminal act of mediation in conducting prostitution and 33 

criminal charges against 52 persons for organizing prostitution through the so-called 

escort agencies (“Madonna”, “Angels”, “Millennium”, etc.). At the same time, thanks to 

the police action further advertising in the media of the services of these agencies and of 

the services of prostitutes was prevented. According to the Secretariat of the MUP RS, 

Belgrade, about 600 prostitutes have been registered, which indicates that the number 

of sex workers is rather large and that it is impossible to suppress prostitution completely 

through legal measures and measures of repression.” 

III.2.2.2. Practice of the City Petty Offence Authority in Belgrade 

§ 363. Until 2003, no relevant research or analysis of the human trafficking problem in 

Serbia had been done. In the course of 2003, ASTRA and Magistrates’ Association carried 

out an analysis 299 of finally decided cases under Article 14 of the Law on Public Peace 

and Order and of finally decided cases under Articles 106 and 107 of the Movement and 

Residence of Foreigners Act 300 . The aim of this analysis, which covered year 2002, was to 

examine whether there were unidentified trafficking victims among persons, in particular 

women, punished for petty offences. In the following paragraphs, we are presenting the 

main findings of the analysis. 

§ 364. In the practice of magistrates (petty offence authority), the most frequent petty 

offences that were or may have been directly connected with human trafficking were those 

involving sex work and foreigners’ staying in the territory of Serbia and Montenegro. Our 

citizens who were trafficked for sexual exploitation were also not recognized as trafficking 

victims: most often, they were prosecuted for the violation of public peace and order, i.e. 

for sex work. Moreover, they were prosecuted because they were “caught in the act”, but 

because the police had known them from before. Although they did not deny sex work, 

they were rarely willing to reveal the names of their pimps and helpers. 

§ 365. Foreign nationals, if they violated the provisions of the Movement and Residence 

of Foreigners Act (Article 106), for which the protection measure of expulsion of the 

alien from the territory of Serbia must be ordered, were sent after the proceedings to 

the Detention Center for Foreigners and then deported. Thus, such person may not have 

299 

Praksa organa za prekršaje u Beogradu – prostitucija i (i)legalna migracija kao pojave iza kojih se krije moguća trgovina ljudima, ASTRA, Udruženje 

sudija za prekršaje, Beograd 2003, www.astra.org.rs 

300 

The Asylum Law (Official Gazette of RS, no.. 109/2007) envisages that on the day of its coming into force, i.e. on April 1, 2008, Article 44-60 of 

this Law shall cease to be valid. 


ARTICLES 1-5 

been avoided being deported regardless of whether she/he was trafficking victim or 

entered the country voluntarily for other reasons. Since the petty offence proceedings 

were conducted instantly, it was not possible to establish the actual state of affairs. 

It was very difficult for the magistrate on duty to recognize a trafficking victim, which 

would enable her/him to acquire the status of the witness and be placed in the shelter 

for trafficking victims. 

§ 366. The implementation of the expulsion measure is the greatest obstacle for the 

success of criminal proceedings against the organizers and other participants in the 

trafficking chain, because deportation prevents victims from appearing as witnesses 

at trial. 

§ 367. Of the total number of persons punished pursuant to Article 14 of the Law on Public 

Peace and Order (306) 301 during the analyzed period, 278 (90.78%) were women and 28 

(9.15%) men (Chart III.2.2.1). All of them were punished under Article 14, Paragraph 1. 

Chart III.2.2.1. No. of persons punished under Article 14 of the Law on Public Peace and Order, by gender 

§ 368. A total of 21 persons were punished pursuant to Article 106 of the Movement 

and Residence of Foreigners Act during the observed period, whereby one person was 

punished for two petty offences from this paragraph. Thirteen persons (61.90%) were 

punished for petty offence under Article 106, Paragraph 1, Item 4, six persons (28.57%) 

under Paragraph 1, Item 7, two persons (9.25%) under Paragraph 1 Item 3 and one person 

(4.76%) under Paragraph 1, Item 2 (Chart III.2.2.2). 

301 

The number of punished persons exceeds the number of cases, because some cases include more than one punished person. 

114


Chart III.2.2.2. No of punished persons under Article 106 of the Movement and Residence of Foreigners Act, 

by offence 

§ 369. The analysis of Article 107 of the Movement and Residence of Foreigners Acts 

shows that of the total number of punished persons, 309 (65.47%) were punished 

under Paragraph 1, Item 2, 185 (39.19%) under Paragraph 1, Item 6, two (0.42%) under 

Paragraph 1, Item 4 and only one (0.21%) under Paragraph 1, Items 1 and 7 respectively 

(Cart III.2.2.3). 

Chart III.2.2.3 No. of punished persons under Article 107 of the Movement and Residence of Foreigners Act, 

by offence 

§ 370. The majority of persons punished under Article 14 of the Law on Public Peace and 

Order – 289 (94.44%) - were the citizens of Serbia and Montenegro, two (0.65%) were 

the citizens of Bosnia and Herzegovina, one was Bulgarian and one Macedonian national 

(0.32% respectively). For 13 persons (4.23%), it was not possible to determine citizenship 

from the file (Chart III.2.2.4). 

§ 371. The majority of persons punished under Article 106 of the Movement and Residence 


ARTICLES 1-5 

of Foreigners Act, i.e. seven of them (33.33%) were the citizens of Moldova, six (28.57%) 

were the citizens of Romania, three (14.28%) were from Ukraine and one from Bulgaria, 

Azerbaijan, Mongolia, Thailand and Austria (4.76% each) (Chart III.2.2.5). 

Chart III.2.2.4. Persons punished under Article 14 of the Law on Public Peace and Order by citizenship 

Chart III.2.2.5 Persons punished under Article 106 of the Movement and Residence of Foreigners Act, 

by citizenship 

§ 372. The majority of persons punished under Article 107 of the Movement and Residence 

of Foreigners Act, i.e. 104 (22.03%) were the citizens of China, 66 (13.98%) were the 

citizens of Romania, 47 (9.96%) were Bulgarian and 40 (8.47%) were Russian nationals. 

Category “others” includes the citizens of 36 countries 302 (Chart III.2.2.6). 

302 

Australia, Albania, Algeria, Angola, Argentina, Azerbaijan, Belgium, Belarus, Bosnia and Herzegovina, Czech Republic, Dominican Republic, Ecuador, 

Ethiopia, Philippines, Finland Great Britain, Georgia, Holland, Iraq, Japan, Columbia, Korea, Cuba, Libya, Hungary, Morocco, Mauritius, Mongolia, 

Germany, Norway, Poland, Slovenia, Sri Lanka, Sweden, Turkmenistan, and Vietnam. 

116


Chart III.2.2.6 Persons punished under Article 107 of the Movement and Residence of Foreigners Act, 

by citizenship 

III.2.2.3. Other Legislation Used to Criminalize Human Trafficking 

§ 373. Besides previously discussed legal provisions, before the criminalization of human 

trafficking in 2003, this crime was prosecuted as the form of establishment of slavery and 

transportation of enslaved persons (Article 155 Fundamental Criminal Law 303 ), unlawful 

deprivation of freedom (Article 189 FCL), illegal crossing of state border (Article 249 FCL) 

and mediation in conducting prostitution (Article 251 FCL). 

III.2.2.4. Prostitution 

III.2.2.4.1. Explanation of Terms 

§ 374. The relation between sex work and human trafficking, besides the issue of 

identification, is among the most complex ones. It was raised when the text of the Protocol 

was prepared, too. “….Protocol Annotation: The terms ‘exploitation of the prostitution 

of others’ and ‘sexual exploitation’ are the only terms in the definition of trafficking that 

are intentionally left undefined and are also not defined anywhere else in international 

law. The 100+ country delegations that negotiated the Trafficking Protocol at the UN 

Crime Commission were unable to agree upon definitions for these two terms and so 

they decided to leave them undefined. The majority of delegates and the Human Rights 

Caucus understood that countries have different laws and policies on adult sex work and 

that many countries would not want or be able to sign the Trafficking Protocol if it forced 

them to change their prostitution laws. A few delegates and NGOs at the negotiations 

insisted that all adult prostitution, including voluntary and even legal prostitution 

involving adults, should be classified as trafficking and so they forced a yearlong debate at 

the negotiations on the subject. The majority of delegates and the Human Rights Caucus 

303 

Official Journal of SFRY, no. 44/76, 36/77-corr., 34/84, 37/84, 74/87, 57/89, 3/90, 38/90, 45/90-corr., 54/90, Official Journal of FRY, no. 35/92, 

16/93, 31/93, 37/93, 41/93, 50/93, 24/94, 61/2001, Official Gazette of RS, no. 39/2003. 


ARTICLES 1-5 

rejected the notion that voluntary, non-coerced participation by adults in sex work, factory 

work or any other work is trafficking. While such work can be abusive and exploitative, it 

is only trafficking if it amounts to the internationally recognized human rights violations 

of forced labor, slavery or servitude. The Human Rights Caucus advocated for a consensus 

solution that would allow all countries to sign the Trafficking Protocol, including countries 

that have laws criminalizing adult sex work and countries that have laws decriminalizing 

and/or regulating adult sex work. All delegations agreed that trafficking involves slavery, 

forced labor or servitude. However, since there is no international agreement on the 

meaning of ‘sexual exploitation’, Caucus members proposed to include the term but leave 

it undefined. In this way, all governments could sign the Trafficking Protocol because the 

compromise definition would allow each government to decide for itself on the legal 

treatment of voluntary adult sex work. This proposal was eventually adopted. Thus, 

the Interpretative Note contained in explains the compromise language and recognizes 

the existence of both coerced participation and non-coerced participation in adult sex 

work. It explains that the Trafficking Protocol takes no position on the treatment of 

non-coerced adult sex work and explicitly leaves its legal treatment to the discretion of 

individual governments. Since forced or coerced adult sex work (and any other forced or 

coerced work) and all child participation in sex work is covered in the Trafficking Protocol 

in the context of slavery, forced labor or servitude, governments can omit the terms 

‘exploitation of the prostitution of others or other forms of sexual exploitation’ from their 

domestic laws. However, any government that decides to include these undefined terms 

in their domestic law will have to define them clearly. The preferred definitions would 

focus on the use of force or coercion (including psychological coercion) to hold people 

against their will. The following definitions could be considered: ‘sexual exploitation’ 

means ‘the participation by a person in prostitution, sexual servitude, or the production 

of pornographic materials as a result of being subjected to a threat, coercion, abduction, 

force, abuse of authority, debt bondage or fraud’. ‘Exploitation of the prostitution of 

others” could be defined as “the obtaining by a person of any financial or other benefit 

from the sexual exploitation of another person…’.” 304 

III.2.2.4.2. Depenalization of Sex Work 

§ 375. It is certainly very difficult to give answer to the question whether sex work 

should be legalized or not and how and whether at all possible legalization would affect 

the problem of human trafficking. If we look at the experience of other countries, we 

will see that these two phenomena are not always directly linked. This means that in 

countries where sex work has been legalized, such as Germany, human trafficking is still 

present whatsoever. The same applies for countries where sex work is nor legal (e.g. some 

304 

Jordan A.D., Annotated Guide to The Complete UN Trafficking Protocol – Initiative Against Trafficking in Persons, International Human Rights Law Group, 

Washington DC 2002. 

118


federal states of the USA or Serbia), where human trafficking is present, too. Also, sexual 

exploitation is only one form of human trafficking. If we put the issue of the legalization 

of sex work in the context of Serbia, a question arises of how and whether at all this law 

would be enforced. Would sex workers have right, for example, to full health and pension 

insurance? Would they be stigmatized for their career choice? How much have they been 

exposed to violence and abuse from their clients and pimps, etc? There are numerous 

factors for and against the legalization of sex work. Let us mention just a few of them: 

• Pro: crime decrease; tax collecting; better health protection of clients and sex workers; 

possibility to associate into trade unions. 

• Con: danger of other criminal activities hidden behind legalized sex work (human 

trafficking, money laundering, etc.); prostitution is based on exploitation and human 

rights violation; women do not chose prostitution, their living conditions force them 

into it. 

§ 376. Of key importance here is the fact that such a complex issue cannot be discussed 

only theoretically. Among others, women who work in sex industry need to be included 

into this debate because they should make decisions on conditions in which they are 

going to work. 

§ 377. Another significant aspect is that the issue of prostitution/sex work should be 

observed exclusively in the human rights context. 

§ 378. Some of recommendations 305 for legislative intervention are as follows: 

• Decriminalize all aspects of adult sex work resulting from individual decision; 

• Enforce criminal laws against fraud, coercion, violence, child sexual abuse, child 

labor, rape, racism everywhere and across national boundaries, whether or not in the 

context of sex work; 

• Guarantee sex workers all human rights and civil liberties, including the freedom 

of speech, travel, immigration, work, marriage, and motherhood and the right to 

unemployment insurance, health insurance and housing; 

• Grant asylum to anyone denied human rights on the basis of a “crime of status”, be it 

prostitution or homosexuality; 

• All women and men should be educated to periodical health screening for sexually 

transmitted diseases. 

§ 379. Bad socio-economic situation is the root cause of sex work. Women should be 

given other options and opportunities. More effort should be put on tackling the causes 

of prostitution instead of using repressive measures against women involved in sex work. 

§ 380. One of the goals of anti-trafficking media campaigns in Serbia was to inform public 

of the concept of human trafficking and teach them to differentiate between this problem 

and sex work and people smuggling as concepts it is often confused with. Before the 

criminalization of human trafficking, citizens were not able to make this difference; they 

305 

Source: http://www.bayswan.org/ICPRChart.html 


ARTICLES 1-5 

were condemning and stigmatizing the victims. Hence, media campaigns were the first 

education and awareness raising tools. At that time, the relation between human trafficking 

and sex work, i.e. the legalization and depenalization of sex work, already came to the 

political agenda in Europe and in the world, but not in Serbia. Over time, this has become a 

serious political issue which provoked the interest of both governments and NGOs. NGOs 

advocating the legalization of sex work were exposed to direct or indirect pressure of both 

governments and donors. “No funds made available to carry out this Act ... may be used 

to provide assistance to any group or organization that does not have a policy explicitly 

opposing prostitution and sex trafficking.“ 306 Also, some NGOs were required to make 

written statements that they did not support legalization of sex work so that they could 

keep having financial support. ASTRA has been faced with the same problem, where the 

declaration (against) the legalization of sex work was most often taken as a criterion for 

future cooperation or support. The treatment of these two topics as if it is one and the 

same makes a confusion in general public, which institutions and NGOs dealing with this 

topic have been trying to put right through campaigns, public sessions and similar activities. 

III.2.2.4.3. Association of Night Bar Owners’ Initiative to Legalize Sex Work 

§ 381. It is interesting that neither lay public nor professional community in Serbia have 

raised this topic to the level of public debate, but the Association of Night Bar Owners 

inspired great attention, having collected 2,000 signatures for the legalization of sex work. 

(…) In the Association, it is said that their lawyers are preparing documentation they 

will submit to the International Human Rights Court in Strasbourg. The president of 

the Association Slavoljub Veljković says that he has been advocating the legalization of 

prostitution for ten years. 

So far, he has addressed many politicians, but has not received positive answer. Therefore, 

he decided to collect documentation and send his request to the International Court of 

Human Rights in Strasbourg, as well as to the International Monetary Fund... 

“We are not pimps; we are currently pimps in some way because if there is no law on the 

legalization of prostitution, we become some sort of pimps. But we don’t want to do that, 

we want the law, to work as other businesses, shops, supermarkets, factories, for girls to 

be employed, with legitimate years of service, pension and social insurance. Like in any 

other institution, to know where the profit goes, and the profit is not small whatsoever. 

About 1.2 or 1.3 million EUR. This is not small, someone is taking this, some of “the 

protectors”, that is what I can say. It would be for the best to pass the law and then the 

state could collect taxes”, said Veljković. “I’m asking for legalization above all in order to 

stop our problems with the police and their problem with us. And the girls would have 

protection and employment, as is the case in EU countries. There are ten to 12 thousand 

306 

Butcher K., Confusion Between Prostitution And Sex Trafficking,. Lancet. 2003. 

120


women voluntarily practicing prostitution, and they are illegal. They enjoy no protection, 

they work in brothels and streets, clients are not sure how risky it is to be with them. The 

organizers are waiting for the police to jump down their throat any moment, while the 

state cannot benefit from huge profits that are generated in this business.”. (…) 

B92, 3 May 2005 

http://www.b92.net/info/komentari.php?nav_id=167649 

The President of the Night Bars’ Association of Serbia, Slavoljub Veljković, announced 

the protest of 7,000 bar ladies in front of the Government or the Parliament because 

of “the passage of the Law on the Legalization of Prostitution is dragged out”, Tannjug 

reports. Veljković, who owns night club “Karibi” in Paraćin, called on the media to support 

him and expressed doubt that the legalization of prostitution is being halted deliberately 

because of personal interests and material gain of individuals, because prostitution brings 

enormous profits. He specified that the Association gathered 138 night bars and that 

around 5,000 persons signed the petition for passing the law, which was submitted to the 

Republican Parliament in 2005. 

Glas javnosti (daily), Tanjug (news agency), 17 April 2007 

http://arhiva.glas-javnosti.co.yu/arhiva/2007/04/17/srpski/D07041603.shtml 

§ 382. According to the Belgrade Police Department, around 800 sex workers are 

registered in Belgrade, as well as 171 male pimps and 51 female pimps. Still, there is room 

for some “gray number” that differs from official statistics. 307 Unofficial annual turnover 

when sex work in Serbia is concerned is estimated at a couple of million EUR. Although the 

state does not have an official policy towards this issue, some institution representatives 

have been expressing their personal opinions based on their long-standing work in the 

field, and those opinions are mostly in favor of the suppression of prostitution. 

(...) “The Head of the Public Peace and Order Section of the Belgrade Police Department 

Budimir Poluga thinks that in the event of possible legalization of prostitution, situation on 

the field wouldn’t change significantly. Prostitution is one of the most profitable criminal 

activities. Other criminal activities, such as drugs, illegal arms trade, human trafficking… 

are linked to it. “In my opinion, legalization would not eliminate problems linked to 

prostitution. According to the experience of neighboring countries, where prostitution 

has been legalized, I know that problems have continued, and the greatest one is with 

pimps, because they make great profits and want to keep them. A small portion of these 

profits go to prostitutes, and I know from practice that a prostitute gets from a pimp only 

what it takes for survival” – Poluga says. (….) 

http://kontra-punkt.info/print.php?sid=575 

307 

http://kontra-punkt.info/print.php?sid=575 


ARTICLES 1-5 

III.2.2.4.4. Users of Commercial Sex Services – Survey Findings 

§ 383. According to an unpublished survey by NGO Belgrade Center for Human Rights 

which was done among the buyers of sex services 308 in 2006, the only of the kind in 

Serbia, clients, i.e. buyers of sex services do not see this as the exploitation of women 

who are in difficult (material) situation nor do they think that such act lowers women’s 

dignity. What is noticeable is that the buyers actually feel that the buying of such services 

more diminishes their own personal dignity. 

§ 384. The majority of respondents (the sample composed of persons who more or less 

regularly buy sex services) estimate that places in which sex services are actually or 

allegedly sold attract a broad and versatile circle of people (both men and women), while 

the consumers of services are mostly foreigners, in particular those from former SFRY 

republics. As far as the age of sex workers is concerned, analyzing respondents’ answers 

it may be concluded that until 2003 there were much more girls between 18 and 22 

years of age and that they were mainly from foreign countries, but they are “not here” 

any longer. When faced with the problem of adultness, the respondents mostly blame 

girls, because they are hiding their age or are physically built in such a way that it is not 

possible to estimate their real age, while documents they carry are mostly forged. Still, 

the buyers mostly describe “older” girls (over 25 years of age) as “of poor appearance, 

old, unattractive and incapable of that job”. Asked about the age for which there is the 

greatest demand, one of the respondents said: “Eighteen, nineteen, twenty, there are 

some girls younger than eighteen. I used to know one, I’ve met her, she was 17. Police 

officers used to frequent such places, which means that they knew everything…Those 

places, they are open, they work normally…. I think it’s not right that a minor girl works 

in such place….” (Resident of Novi Pazar, 22, single, law student) 309 

§ 385. Before the disintegration of SFR Yugoslavia and until 2003, girls in sex industry and 

consequently most often (potential) trafficking victims were, geographically speaking, 

coming from East European countries (Russia, Romania, Ukraine, Moldova, Bulgaria 

etc.). However, the situation has dramatically changed in recent years and girls that are 

currently working in clubs, night bars and similar joints where there is possibility of sexual 

exploitation are mostly domestic nationals. One portion of respondents is aware that 

girls from Eastern Europe were trafficking victims forced into sex work. Some respondents 

notice that there are no foreign nationals any longer, but understand that this is because 

they have voluntarily gone to work in other, neighboring countries. After police raids, 

which took place mostly after the assassination of Prime Minister Đinđić and during the 

Saber operation in 2002-2003, the majority of “suspicious” bars and night clubs were 

closed down. As for foreign nationals who used to work there, it is believed that they 

were deported, mainly because of forged documents, the lack of documents or the expiry 

308 

Belgrade Center for Human Rights, author Anđelka Marković, July 2006, unpublished document in the author’s possession. 

309 

Ibid. 

122


of entry visa (obtained in legal or illegal way). Still, it is general opinion shared by both 

general public and the buyers of sex services, that they were deported for conducting 

prostitution and that “it is not good to hire them any longer because the police chase 

them away”. What is noticeable in the period that followed the Saber operation is 

increase in internal trafficking when, as mentioned earlier, foreign nationals were mostly 

deported from Serbia and border control was tightened. 

§ 386. With regard to respondents’ age the first time they bought a sex service, it ranges 

between 14 and 40. The most worrying data is that the buying of sex service is often 

the way to “treat” a child. Namely, it is not rare that the fist buying of sex service is 

initiated by parents, family friends, godfathers, i.e. those who are both legally and socially 

responsible to develop (appropriate) value system in the child. Of the total number of 

respondents, 80% have continued (more or less regularly) buying sex services after the 

first time, while 20% of them did this only once. Also, only 30% of respondents are 

completely sure that they will not do this again, 43.4% are indecisive, while 26.6% think 

that they will keep buying sex services. 

§ 387. According to ASTRA database, as many as 23.5% of victims repatriated from 

North Italy said that clients with whom they established the relation of trust over time 

helped them get out of the trafficking chain. 

(…) I came from Italy at the end of 2003. I was there for some six months. I was thinking 

how to run away all the time. I was seeing the guy who helped me run away for a couple 

of months, he was paying for our encounters like all other clients. He was a carabinieri, 

but carabinieris were regular clients anyway… It took him a few days to work out a plan 

for us to run away. I didn’t want him to have any troubles for helping me. He paid, as 

usual, for an hour with me, but we didn’t come back. We went out of town immediately, 

to some other place where we spent a few days in his friend’s place. I tried to have some 

rest these few days and to finally decide what next, but I was terrified. I had impression 

that someone would burst into the apartment any moment…. In the end, I called one 

SOS hotline which number we’d obtained and there I got all necessary information. I 

definitely decided to return to Serbia. I’m still today in contact with the guy who helped 

me. The least I can do is not to reveal his name, where he’s from, where he works… He 

did so much for me. 

M.J. (20) 

ASTRA Database, ID no. 471 

III.2.2.4.5. Escort Agencies 

§ 388. For the period before 2003, it is almost impossible to find data on the punishment 

of human traffickers. During the same time, newspapers were full of ads for escort 


ARTICLES 1-5 

agencies which were, among other things, a cover for sex trafficking. The Belgrade Police 

Department Public Peace and Order Section, under which jurisdiction is the suppression 

of prostitution, was also in charge of reacting to such advertisements. 

§ 389. Although NGOs were on more than one occasion reporting their doubt that 

some escort agencies kept trafficking victims, no investigation was launched until 

the autumn of 2002, when Petar Peslać, Chief of the Belgrade Police Department 

Public Peace and Order Section was arrested on charges of the abuse of office. Being in 

charge of the suppression of prostitution, this Section was also responsible for escort 

agencies in which prostitution was taking place. Former Chief of this Section was 

suspected of receiving bribes from agencies’ owners; in return, he did not make raids 

in these agencies. 

Petar Peslać (41) denies that he took money from prostitution 

Bribes of DEM 14,000 to former police chief 

There were suspicions even while he worked in the Police Department, from where 

he was transferred two months ago 

BELGRADE - Petar Peslać (41) former Chief of the Public Peace and Order Section of the 

Belgrade PD was arrested two days ago on charges of receiving bribes in the amount of 

DEM14,000 and a few valuable objects, later found in his house, from the owner of escort 

agency “Vila”. Peslać denied before the investigating judge that he received the bribes, 

but the police say they have solid evidence against him and that it is assumed that he, as 

the Chief, took money from several agencies. 

“These doubts were there already at the time when Peslać worked in the Police Department, 

but we did not have enough evidence to raise criminal charges against him”, says Glas’ 

source close to the Belgrade PD. According to PD’s press release, from October 2000 until 

November 2001, Peslać, as the Chief to the Office for Suppression of Prostitution and of 

the Public Peace and Order Section, was receiving DEM 500 every month from the owner 

of escort agency “Vila” in Vlajkoviceva and Brankova Streets so that he would not arrest 

girls, the owner and agency’s security guards. While working at the Police Department, 

Peslać did not organize any raid in this, as well as in a few other agencies. Two months ago 

he was transferred to the Interior Ministry, where he worked as the operational worker at 

the Public Peace and Order Section. 

Police “check” 

Police officers Miloš Tanasković (34) and Srđan Brajović (25) were arrested last week 

on suspicion of transporting prostitutes from the agency “Madonna” and receiving DEM 

20-50 per ride. Unofficially, many police officers who used to work on the suppression 

of prostitution were linked with the owners of such agencies and, besides money, were 

receiving agency’s “goods” for testing. This year, the police have started an thorough 

124


action of cleaning up their own structures and criminal charges were raised against 14 

police officers, mainly for bribery. 

Glas javnosti (daily), 17 August 2002 

http://arhiva.glas-javnosti.co.yu/arhiva/2002/08/17/srpski/H02081601.shtml 

§ 390. In light of Article 9 of the UN Convention, it should be mentioned that although 

state authorities often mention this case as an example of fight against corruption in the 

police, Petar Peslać was released of all charges due to the lack of evidence. 

Police officer released of requiting charges 

Belgrade – Police major Petar Peslać (44), former Chief of the Office for the Suppression 

of Prostitution of the Belgrade Police Department was cleared of charges of receiving 

bribes yesterday because of the lack of evidence. Peslać was accused before the District 

Court of taking money from the owners of escort agencies not to arrest them, together 

with prostitutes, in the period 2000 – April 2001. 

Blic (daily), 24 November 2005 

http://www.blic.co.yu/stara_arhiva/arhiva/2005-11-24/strane/hronika.htm 

§ 391. The girls who managed to get out of the trafficking chain also witness of trafficking 

in women within escort agencies. Some of them were minor. 

“(…) I used to work at the escort agency since I was 16. I was in debt and this was the 

only way, I thought it would last a few months. I had to give all my earnings to the boss. 

When I wanted to give up everything, he told me that I could, but only when I pay out 

everything he invested in me. Later I found out that he bought me from a friend who took 

me to the agency… I didn’t have anyone to turn to. The police was coming every day, but 

I couldn’t say a word, because the boss was on good terms with them…. Anyhow, where 

to complain when the whole Police Intervention Unit 310 were my clients. The boss would 

“treat” them so that they wouldn’t make raids. (…)” 

Eighteen year old girl 


§ 392. After the Peslać case, the police became more active in checking escort agencies, 

identifying trafficking victims there. According to police officers who participated in these raids, 

it was clear to them that it was not voluntary sex work in a great number of cases, but the girls 

were “scared and kept by force in those agencies, but it was an established practice and the law 

did not leave the police other options but to raise petty crime charges against these girls” 311 . 

310 

A police formation responsible for urgent interventions. 

311 

Inspector of the Section for Aliens of the Belgrade Police Department at the Training on Human Trafficking Problem for police officers, May 2005. 


ARTICLES 1-5 

§ 393. Soon, advertisements for escort agencies were replaced by advertisements for 

“massage parlors”, “massage for gentlemen” and the like. By comparing telephone 

numbers 312 of some of these advertisements, it has been established that these were 

the same agencies that had been advertised earlier as escort agencies. The owners used 

another names, but kept the same modus operandi. Some of them were even at the 

same addresses. 

Girls, ambitious, of pleasant appearance, needed for exclusive massage for known 

customers, extraordinary conditions, any agreement possible 

Halo oglasi no. 83, October 2005 

Ambitious girl, excellent looks only, needed for exclusive massage for foreign businessmen, 

extra pay, everything provided, directly. Ana 064/xxx-xx-xx 

Halo oglasi no. 857, January 2006 

MASSAGE, massage oils, relax, whole body, for gentlemen, experienced masseuse. 

Adrijana. Call 0-24. 

064/xxx-xxxx 

Halo oglasi no. 1094, May 2007 

MASSAGE IN THE SERVICE OF PROSTITUTION 

Because of the shutting down of escort agencies, pimps are unsuccessfully starting up 

massage parlors 

BELGRADE – Fight against prostitution and against the owners of escort agencies 

continues. The arrest of Hasuneh Salahedin (27) from Belgrade is the last in a series 

of actions of the Belgrade police. In a rented apartment in Nušiceva Street, downtown 

Belgrade, Salaheldin was running an escort agency which he advertised in newspapers as 

a massage parlor. 

This is not the only case of shutting down the agencies whose owners act as intermediaries 

in prostitution. The Belgrade police have recently reported that since January 2002 until 

June this year, 63 agencies were shut down in Belgrade and 72 criminal reports were filed 

against the persons who organized prostitution. 

In recent years, escort agencies used to work undisturbed. They were freely offering their 

services through the media. The majority of them have been shut down through police 

action and criminal reports were filed against several pimps. 

In last few months, escort agencies advertise as massage parlors. Passers-by on the 

streets of Belgrade are handed over flyers offering body massage, while some bus stops 

are covered with ads stating that parlors offer different forms of relaxation. The owners 

312 

Comparison made in the course of monitoring and processing data of ASTRA SOS Hotline for 2002-2010. 

126


of so-called massage parlors, that also run prostitution business, check up the clients and 

they are mostly reached upon the recommendation. 

Escort agencies often advertise in the Internet, too… 

Police officers as security guards at the agencies 

During last year, the decision on dismissal from the Ministry of the Interior was rendered 

against 12 police officers who worked as security guards at escort agencies. One of them 

was the Chief of the Belgrade Police Department Public Peace and Order Section, Petar 

Peslać, who was arrested a few months ago. However, it is worrying that a great number 

of pimps have their people at the police, who inform them when the raid is planned. 

Kurir (daily), 22 August 2003 

http://arhiva.kurir-info.co.yu/Arhiva/2003/avgust/22/H-01-21082003.shtml 

Belgrade Police Report on organized trafficking in human beings and prostitution 

63 escort agencies shut down in year and a half period 

Belgrade – In the last 18 months almost all night bars and 63 escort agencies were 

shut down in Belgrade, according to the Report of the Belgrade Police on organized 

trafficking in human beings and prostitution. In a comprehensive report on activities for 

2002 and the five months of this year, it is said that during the 1990s, bars in which 

foreign nationals practiced prostitution were widespread. In the last couple of years, 37 

night clubs operated in the territory of Belgrade. Now, there are only three night clubs – 

striptease bars, it is said in the communication. After the closing down of almost all night 

bars, police work is focused on “escort agency prostitution” and 72 criminal reports were 

filed for organizing prostitution. 63 agencies were closed and legal measures were taken 

against the owners. During the last year, the decision on dismissal from the Ministry 

of the Interior was taken against 12 police officers who worked as security guards for 

escort agencies. One of them was the Chief of the Belgrade Police Department Public 

Peace and Order Section Petar Peslać, who was arrested. It is said in the Report that 

in the last 18 months significant progress has been made in suppressing street and 

“agency’ prostitution. 729 petty offence charges were filed, of which 120 in March and 

April this year. Within the Belgrade Police Department, there is a team for fight against 

organized human trafficking, which has been operating for more than one year as the 

part of the Border Police. The team, whose task is human trafficking prevention, victim 

protection and the prosecution of perpetrators, is composed of four officers, but they 

have at disposal all operational intelligence and specific assistance of all other services. 

The police stress that human trafficking is the third most organized criminal activity after 

drug trafficking and trade in stolen cars. The Belgrade Police Department has formed a 

database with full names of 79 persons (organizers, accomplices and helpers) involved in 


ARTICLES 1-5 

human trafficking and organized prostitution. Of this figure, 50 persons are the citizens of 

Serbia and Montenegro, while the rest are persons from the countries of origin of foreign 

victims and who make the first contact with them, recruit them and arrange their further 

transfer. All operational intelligence, as reported, is exchanged with the Interpol and the 

Europol, with whom joint actions have been carried out, such as the arrest of Andrija 

Šušnjar, the collaborator of Milivoje Zarubica, who is in detention in Italy, As a part of 

cooperation with the Europol, the action “Leda” was carried out on May 5-12 this year, in 

cooperation with all EU and SEE countries, aimed at collecting data and screening current 

human trafficking situation. 

Operational intelligence is exchanged with the countries – members of the Interpol and 

the Europol. During this year, in the territory of Belgrade, 23 trafficking victims have 

been identified – 12 Moldovan nationals, 1 Romanian, two Ukrainian and eight Chinese 

nationals. Another 15 foreign nationals have been identified who are suspected to be 

trafficking victims and who were transferred across the territory of Serbia and Montenegro 

and sold to persons in Italy and Bosnia and Herzegovina. Criminal reports were filed 

against 17 persons for 40 trafficking offences, it is said in the Report. 12 persons were 

dismissed from the Interior Ministry because they worked as security guards for escort 

agencies. 

Beta, Danas (daily), 20 July 2003 

http://www.danas.co.yu/20030620/dezurna1.html 

On 6 December 2010, ASTRA SOS Hotline received a call from a citizen who, whilst browsing 

the website www.poslovi.rs, came across an ad which was put on 5 December 2010, and which 

he considered included human trafficking. In this ad, a company registered in the Serbian 

Business Registers Agency (http://pretraga.apr.gov.rs/RepsisPublicSite/Public/Enterprise/ 

BasicData.aspx?BusinessEntityId=2960682&RegistryCode=20567473&rnd=359940221), 

offered a job in an Escort Agency in Austria and a secured work visa for girls 18-35 years of age. 

ASTRA sent a letter to inform the Office of the Attaché for Labour and Social Issues of 

the Republic of Austria, as well as the Ministry of Economy and Regional Development 

(MERD) of the Republic of Serbia. The representatives of the MERD referred ASTRA to the 

Department of Market Inspection, because the MERD’s responsibilities do not include 

monitoring of economic entities that do not have a license to conduct job brokering. 

The Austrian Ministry of the Interior carried out certain searches – however, the name 

of the company as well as the e-mail address listed in the ad (which contains name and 

surname) were not familiar to them. The search through the available personal data of 

the stated person to contact was also fruitless. 

Prostitution through escort agencies is legal in Austria. However, in keeping with the state 

law in Austria, the persons from third countries are not granted work and residence permits 

128


for sex work in Austria. In this case, it was illegal advertising, because in the ad it was listed 

that the agency took care of providing the necessary work and residence permits. 

ASTRA was informed that the Department of Market Inspection forwarded the information 

about this case to the Ministry of the Interior. 


III.2.2.5. How Human Trafficking Has Actually Been Criminalized in Serbia 

§ 394. Although Serbia and Montenegro ratified the UN Convention against Transnational 

Organized Crime in June 2001, as said before, human trafficking was not recognized 

as criminal offence in our legislation until April 2003. It is interesting that, in spite of 

preventive anti-trafficking campaigns which NGOs conducted in Serbia since 2001 and 

increasing presence of the topic in the media, this offence was introduced into criminal 

legislation without public debate and “by the back door”. Namely, human trafficking in 

Serbia was criminalized only thanks to the prompt reaction of the representative of the 

Ministry of the Interior Border Police Directorate, Section for the Suppression of Illegal 

Migrations and Human Trafficking, who observed in the draft of the new Criminal Law of 

Serbia, posted at the website of the National Assembly, which was waiting for passage, 

that human trafficking was not included. After his intervention, this error was fixed and 

human trafficking was criminalized as Article 111b of the Criminal Law of Serbia. 

Trafficking in Human Beings 

Article 111b 

1. A person who by force or threat, by misleading or keeping in delusion, by the abuse of 

authority, confidence, dependence relation or difficult conditions of another person: 

recruits, transports, transfers, delivers, sells, purchases, mediates in delivery or sale, harbors 

or holds another person for the purpose of acquiring some benefit, exploitation of his/ 

her labor, pursuing a criminal activity, prostitution or begging, of using for pornographic 

purposes, depriving of a bodily part for the purpose of transplantation, or using in armed 

conflicts, shall be sentenced to a term between one and 10 years in prison. 

2. If the act from Paragraph 1 hereof is perpetrated against several persons, by abduction, in 

the course of performing an official duty, within a criminal organization, in a specially cruel 

or in a specially humiliating way or if a severe bodily injury has occurred, the perpetrator 

shall be sentenced to a term of at least three years in prison/ 

3. If the act from Paragraph 1 hereof is committed against a minor, or if the victim dies, the 

perpetrator shall be sentenced to a term of at least five years in prison. 

4. For the act from paragraph 1 hereof committed against a person who has not turned 14, 

the perpetrator shall be sentenced to a term prescribed for such an act even if no force, 

threat or any other of the stated ways has been used. 


ARTICLES 1-5 

III.2.2.6. Human Trafficking and Illegal Migrations 

§ 395. If we put aside how this offence was introduced into the Serbian criminal 

legislation, we may conclude that it has changed to a great extent institutions’ attitude 

towards victims and made the job of all anti-trafficking actors in our country easier. As 

said in the Legal Analysis, this Article recognized human trafficking perpetrated in the 

course of performing an official duty as an aggravating circumstance, which is not the 

case with currently valid Article 388. Still, the main objection to Article 111b is that it 

failed to distinguish between human trafficking and people smuggling. Thus, since April 

2003 (when trafficking was first criminalized) until January 2006 (when the new Criminal 

Code came into force), the police had filed criminal reports for human trafficking pursuant 

to Article 111b for the majority of people smuggling cases. In this way, a false picture was 

created, i.e. that state authorities, the police and the judiciary were efficiently combating 

human trafficking, while in reality these were mostly people smuggling cases. On the 

other hand, this fostered public confusion about what human trafficking and people 

smuggling were all about. 

A taxi driver transported Turkish illegal migrants 

PROKUPLJE – The Prokuplje Police reported that a taxi driver Srbobran Nikolić (45) from 

Donja Trnava near Niš was arrested and brought before the investigative judge under 

suspicion of human trafficking. On October 10, Nikolić, driving Mercedes 300, attempted 

to transport, from Rudar, Kuršumlija municipality, four Turkish nationals who entered 

our country illegally, without visa, from Kosovo. Traffic patrol of the Prokuplje Police 

Department stopped the vehicle in Beloljin during regular traffic control and arrested the 

taxi driver and Turkish nationals. A petty offence report was filed against Turkish nationals 

for illegal entry into Serbia and Montenegro. The petty offence judge sentenced them to 

ten days in prison, after which they were sent to District Penitentiary in Prokuplje. They 

were also banished from our territory and banned to enter the country for the period of 

one year. 

Blic (daily), 14 October 2004 

http://www.blic.co.yu/stara_arhiva/arhiva/2005-10-14/strane/hronika.htm 

HUMAN TRAFFICKERS ARRESTED. IN THE ACTION OF THE SERBIAN INTERIOR 

MINISTRY, ON THE BORDER WITH ROMANIA, THE MEMBERS of the Organized Crime 

Department of the Serbian MoI arrested yesterday in the vicinity of Vršac the organizer 

and members of an international criminal group that have been practicing human 

trafficking for a longer period of time. The action was carried out at the moment when 

this group was transferring four Chinese nationals from Romania to our country. On 

reasonable suspicion of a serious criminal offence, the police arrested Branivoje Simić 

130


(43), Nikola Opsenica (47), Stojan LJubinković (52), Aleksandar Nikolić (29), Jožef Šćop 

(34) and Chinese nationals Ju Huanjun (40) and Ju Tong (30). The criminal report also 

included Huang Honghui (37), Chinese national, who is currently abroad. After several 

months of work, the members of the Organized Crime Department arrested the head 

of the criminal group Branivoje Simić called “the Devil”, as well as the other members 

of the group, each of whom was in charge of a specific task. According to the Serbian 

MoI, Simić was preparing and for abundant financial compensation illegally transferring 

foreign nationals, mostly Chinese, towards Italy as final destination. He is also suspected 

of cooperating with other mafia groups from Croatia, Slovenia, Romania, Serbia and 

Montenegro and Italy. 

Večernje novosti (daily), 6 August 2005, page 20, author: S. N. J. 

§ 396. This confusion greatly changed statistical picture in the reports of the Ministry of 

the Interior regarding criminal reports filed for human trafficking. 

RESULTS OF THE MINISTRY OF THE INTERIOR 313 

March 2004 – February 2005: 

- Fight against human trafficking successfully continued and several channels for illegal 

transfer of people were broken; among illegally transferred persons, the majority were the 

citizens of Albania (261) and Turkey (227). 66 criminal reports were filed – 52 for human 

trafficking and 14 for illegal crossing of state border. The Republican Government has 

set up the Anti-Trafficking Council which is lead by the Interior Minister. 

In the first nine months of 2007, the police officers of the Ministry of the Interior of Serbia 

filed a total of 26 criminal reports for human trafficking, Article 388 CCS, which included 

a total of 57 perpetrators. 83 persons appeared as the victims of the said criminal offence. 

§ 397. This confusion was largely contributed to by the media and journalists who, being 

insufficiently informed of the topic, often cannot differentiate between specific terms, 

thus calling one and the same phenomenon human trafficking, smuggling and voluntary 

sex work. 

§ 398. Besides confusion in using the terms, journalists in their articles and TV stories also 

support many stereotypes about human trafficking (e.g. that it happens only to young 

and naïve girls, that only Roma people sell their children, that only foreign nationals may 

fall victim and the like). They also sometimes use misogynous and racist terms (“Stop 

white slavery”, “Trafficker in white slavery discovered”, “Moldovan Women in Action”, 

“Cheap Ukrainian Girls”). Journalists most often recognize only sexual exploitation as the 

form of human trafficking, neglecting others. The reporting on this topic is most often 

313 

www.mup.gov.rs 


ARTICLES 1-5 

inspired by a specific event (police raid, trial) and is always sensationalistic (“Children in 

Cages”), whereas investigating journalism in the area of human trafficking does not exist. 

HUMAN TRAFFICKING CHAIN BROKEN, SREMSKA MITROVICA – Eight citizens of Turkey 

and Albania, who attempted to illegally get to the European Union across the territory of 

Serbia and Croatia, were found in the house of M.I. (46) from Šid, who was hiding them 

and preparing them for smuggling. It is assumed that they entered Serbia through Kosovo 

and Land Security Zone. On their arrival, the immigrants stayed in debt of EUR 3,000 to 

an unknown Kosovo Albanian, who was marked as the main organizer of the group. 

Kurir (daily), 9 December 2007 

§ 399. Thanks to the adoption of the new Criminal Code of Serbia, which came into force 

in January 2006, these two offences have been finally distinguished, i.e. illegal crossing of 

the state border and people smuggling are now regulated by Article 350. 

III.2.2.7. Trafficking in Children 

§ 400. The percentage of identified child trafficking victims in Serbia rose in 2004 and 

remained very high over years. 

Chart III.2.2.7.1. Percentage of child trafficking victims 

§ 401. This phenomenon may be explained in several ways. In addition to a general 

upward trend in child trafficking worldwide, the fact is that the representatives of Serbian 

institutions, above all the Ministry of the Interior, have become better trained to recognize 

trafficking victims and the problem of child trafficking has consequently become more 

visible. On the other hand, children, being psychologically and physically weaker, are 

traditionally treated as vulnerable, harmless and helpless. Hence, they are provided with 

assistance before women and more attention is paid to them. Also, a great number of 

campaigns, in particular those focused on child trafficking victims, have contributed to 

citizens’ reacting more often and reporting their suspicion of child trafficking. However, 

132


when women are concerned, their vulnerability is often neglected. It is believed that 

their victimization was contributed to by their own behavior. Also, the calendar fact 

of adulthood is treated as the argument of value in proving that she has agreed to the 

consequence. This ambivalent attitude, visible in the judiciary too, to a great extent 

arises out of still dominating patriarchal social patterns, often mixed with open or hidden 

misogyny and xenophobia. Therefore it is still considered socially acceptable to help a 

child, but not a woman – victim of a violent crime. 

§ 402. During 2010, NGO Child Rights Centre in cooperation with the Coalition of the 

civil society organizations for monitoring the exercising of the rights of the child in Serbia 

initiated work on drawing up the Strategy for Combating Trafficking in Children and 

supporting action plans. 

In September 2010, ASTRA SOS Hotline received a call from the inspector of the local 

Police Department – the Department of Border Police for Foreigners and Combating 

Illegal Migrations and Human Trafficking, who asked for help in finding accommodation 

for an underage person detained for possession of narcotics. During a conversation with 

her, it was discovered that the girl was a victim of human trafficking for the purpose 

of sexual exploitation which she was exposed to for a long period of time. The police 

estimated that her safety was compromised and that she could not stay with her family 

because, as the inspector stated in the conversation, the traffickers used to come to get 

her earlier and take her away. The girl was provided with urgent assistance, after which 

the preliminary investigation was instituted. 

ASTRA database, ID number 2663 

III.2.2.8. Money Laundering 

§ 403. Money laundering is the practice when money acquired through illegal transactions 

or transactions in gray economy is incorporated into normal financial and economic 

flows. This means giving legitimacy to illegally acquired cash which, first by effecting 

it to a bank account, transfers into gyro money and then into cash. At the same time, 

money laundering implies the incorporation into regular economic flows of the money 

that comes from criminal activities (drugs trafficking, illegal arm trade, smuggling, human 

trafficking, robberies, organized crime, tax evasion, corruption) in order to prevent the 

discovery of its origin. The 9/11 event added another dimension to this problem, showing 

the link between money laundering and terrorism. 

§ 404. The beginning of the building of a system against money laundering in Serbia is 

linked to the adoption of the first Law on Money Laundering Prevention in 2001, which 

came into force on 1 July 2002. The shortcomings in the area of criminal-justice definition 

have been fixed by the entry into force of the Criminal Code of Serbia on 1 January 2006, 


ARTICLES 1-5 

while novelty in the part of the system related to prevention were introduced by the 

adoption of presently valid Law on Money Laundering Prevention. The second document 

which is still awaiting the passage is the National Strategy for Combating Money 

Laundering and Financial Terrorism. 314 

§ 405. Criminals invest 15% of their earning into legal financial flows in their own country, 

while as much as 60% are invested abroad. The two-thirds of money earned from organized 

crime is “laundered” through investing into legal financial flows. Money is laundered in 

the sectors with quick money turnover, where corruption is widespread and where there 

are good chances for illegal business without any control. These are various export-import 

companies, which are very convenient for organized crime, shops, bet shops, casinos, 

antique shops and boutiques. Criminal profits are legalized through public works, building 

roads, sewage system or construction activity, too. Financial crime in Serbia boomed 

during the major part of privatization. Because of the inflow of “dirty money”, this type of 

privatization is designated as “privatization through tycoonization”. 315 

§ 406. Although it is generally known that the main goal of human trafficking is acquiring 

financial gain through the exploitation of people and that financial investigation should 

be part of every human trafficking investigation, including the investigation of money 

flows, this is not usually done in practice. Basic obstacles include “the lack of knowledge 

in Serbia in the area of criminal financial investigations in state authorities in this field 

(…) as well as the lack of specialists and specialized subjects in academic, vocational 

and specialized studies of criminalistic, police and security profiles such as criminal 

intelligence analysis, the analysis of criminal activities, operational analysis and criminal 

investigative analysis. (…) Also, another shortcoming is the lack of mixed teams for 

conducting criminal financial investigations and the lack of legislation. (…) 316 

§ 407. The officers of the Ministry of the Interior who work on combating human 

trafficking have cooperation with the Department for Money Laundering Prevention. 

They increasingly use the mechanism for the exchange of information with financial 

intelligence services. Still, the main problem in practice is still insufficient awareness in 

the Serbian judiciary of the need to confiscate profits acquired by committing a criminal 

offence of human trafficking and that financial investigation should go in that direction. 

Also, the provisions on the confiscation of assets acquired through the perpetration of 

criminal offence in the Criminal Code of Serbia are a dead letter. 

§ 408. Human traffickers’ profits are estimated at around USD 32 billion, of which USD 

10 billion is derived from the initial “sale” of individuals. The remainder represents the 

estimated profits from the activities or goods produced by trafficking victims 317 . Many girls 

314 

Milovanović, M., Aktuelni trenutak u kreiranju sistema za borbu protiv pranja novca i finansiranja terorizma, Revija za bezbednost, br. 5, Beograd 

2007. 

315 

Blic (daily), 10. July 2007. 

316 

Manojlović D., Pranje novca – teorijsko i empirijsko istraživanje, Revija za bezbednost, br. 2, Centar za bezbedonosne studije, Beograd 2008, http:// 

www.cbs-css.org/arhiva.php 

317 

UNODC - http://www.unodc.org/unodc/en/press/releases/2007-03-26.html 

134


witness that they had to give a portion, and most often the whole earnings, to traffickers. 

If exploitation takes place in a foreign country, money is most often sent through money 

transfer services or by making payments to specific bank accounts. 

(…) Before he sent me to Italy, he gave me telephone numbers and names of people I 

should contact when I got there, as well as the numbers of accounts where I should send 

the money to pay off my debt. He told me to write this down on the inner side of my 

trousers, because nobody would find it there. (…) When I went to Serbia to testify, I put 

on those trousers to show them to the judge in case he didn’t believe me. (…) Most often 

we sent money through Western Union, he said it was the safest (….)” 

ASTRA database, ID no. 218 

§ 409. The representatives of institutions who work on suppressing human trafficking are 

aware of the links between this crime and money laundering, but also of the problems in 

discovering and proving it. 

§ 410. Data presented to the public by the then Central Bank Governor Mlađan Dinkić 

show that during the first five months of 2003, USD 522 million “left” Serbia for the 

countries considered to be “a tax paradise”, while one year earlier the outflow of money to 

these destinations amounted to as much as USD 964 million, “a 25% increase compared 

with the period before that action” 318 . 

III.2.2.9. Convictions for Human Trafficking 

§ 411. Penalties for human trafficking in Serbia are rather light, which is in line with 

generally light penal policy in the country. 

§ 412. In addition, in determining the sentence, legally neutral facts, such as “young 

person”, “father of underage children” and the like, are almost without exception taken as 

alleviating circumstances in favor of the accused. Although the Serbian legal system does 

not know the case law concept, but criminal offence is strictly individual, including the way 

and conditions under which it has been committed, when determining the sentence, the 

courts apply hidden equalization of the punishment in accordance to previous judgments, 

which always tends towards envisaged minimum. Maximum punishments have never 

been rendered for trafficking offences, whereby it should be borne in mind that even when 

they go to prison to serve generally minimum sentences, the perpetrators may go out free 

long before the expiry of the sentence by using various legal means, such as parole request 

due to illness, farm work etc. During their short stay in prison, the activity for which they 

have been sentenced usually does not stop, because the profits are not compromised. 

The real purpose of punishment could be reached only through rigorous penal policy, 

with simultaneous seizure of assets. Since the judiciary is not ready to apply (for decades) 

318 

Refers to the police action Saber carried out in 2003 after the assassination of Prime Minister Đinđić. 


ARTICLES 1-5 

existing provisions on the confiscation of proceeds acquired through the commission 

of the criminal offence, it is not clear why, in the course of criminal proceedings, tax 

authorities do not use their broad jurisdiction in administrative procedure. 

§ 413. In all trafficking cases prosecuted so far, the accused have been boasting around 

with their wealth during the trial (e.g. the Belgrade District Court K no. 931/04, underage 

victim, J.M. the defendant: “My property is valued EUR 1 million”; the Fourth Municipal 

Court in Belgrade K no. 1581/03, the accused Borivoje Ninković “I make USD 10,000 

a month, I have a flat in Dubrovnik”, and the like). At the same time, according to 

information they themselves have given in court, some of the perpetrators do not have 

even primary school and less than 10% completed secondary school. They are without 

exception unemployed and without profession, saying that they support themselves from 

occasional jobs, that they are supported family members (for example the provider is the 

wife who runs a newspaper stand), from real estate rental etc. 

§ 414. According to the data from the Statistical Office of the Republic of Serbia 319 , 

from 2003 to 2009, 349 criminal charges were raised for the criminal offence of human 

trafficking referred to in Article 388 of the Criminal Code of Serbia. The biggest number of 

criminal charges were raised in 2004, against 69 persons, and the least of them in 2003 – 

only 10. However, in 2004, only 2 persons were convicted, and in the period 2004 – 2009, 

a total of 71 adults were convicted. 

§ 415. In the course of 2005, two persons were sentenced to imprisonment for 4.5, 

that is 2.5 years respectively. It was in this year that one perpetrator was sentenced 

to imprisonment for 8 years, while the total sentence for four persons tried in these 

proceedings amounted to 21-year imprisonment. At the end of 2005, ten members of one 

criminal group charged with human trafficking were sentenced to a total of 20 years in 

prison, while maximum individual sentence in this trial was 4 years. In 2009, the highest 

sentence was imposed so far for the criminal act from Article 388 of the CCS - 10 years 

of imprisonment. The Supreme Court of Serbia confirmed this sentence in the appeal 

process. The accused was the main human trafficker in the case “Jet Set”. In this case, 

the Deputy District Prosecutor in Novi Pazar, as well as two police officers appeared as 

accomplices. In August 2009, in the appeal process, the Supreme Court confirmed the 

decision of the lower court, which declared the Deputy Prosecutor and the police officers 

guilty for abuse of office and human trafficking, confirming their suspended sentences to 

three years. The Prosecutor used the services of some of the sexually exploited victims. 

319 

http://webrzs.stat.gov.rs/WebSite/Default.aspx 

136


Source: Statistical Office of Serbia 

The number of convicted adults, by criminal offence Human Trafficking 

Republic of Serbia 

2006 2007 2008 2009 

13 14 12 20 

Table III.2.2.9. Adults convicted for human trafficking 

§ 416. According to the data ASTRA collected based on the provisions of the Law on 

Unrestricted Access to Information of Public Concern, about the number of proceedings 

conducted in 2010 for the criminal offences from Articles 388 and 389 of the Criminal Code 

of Serbia, as well as the number of sentences (final and interim) which were pronounced in 

the same period for these offences, we found that 17 higher courts conducted proceedings 

for the criminal offence of human trafficking, while nine courts (in Pirot, Prokuplje, Leskovac, 

Kruševac, Užice, Kraljevo, Kosovska Mitrovica, Sombor i Čačak), did not conduct such 

proceedings. In 2010, a total of 55 proceedings were conducted for the criminal offence 

of human trafficking before the higher courts in Serbia, while there were no proceedings 

for the criminal offence of trafficking in juveniles for the purpose of illegal adoption. We 

note that, based on the collected data, we cannot make a conclusion about how many 

proceedings were instituted in 2010, and how many of them were transferred from the 

previous years. As expected, the biggest number of proceedings was conducted before 

the Higher Court in Belgrade (16) and Higher Court in Novi Sad (11). In the same period, 

12 sentences were pronounced, of which five were final, two interim, in one case the 

first instance sentence was overruled, and in the re-initiated proceedings the pronounced 

sentence was still not final, one sentence was under appeal, one condemnatory sentence 

was reversed on appeal and the case was returned for a new trial, while two proceedings 

were conducted before the Court of Appeal for making decisions on regular legal remedies. 

§ 417. Final judgments were pronounced in the Higher Court in Valjevo (1), Higher Court 

in Novi Sad (1) and Higher Court in Belgrade (3). 

In one case of child trafficking, the Supreme Court of Serbia has altered the judgment 

against the accused for trafficking in human beings, Article 388, Paragraph 3 in connection 

with Paragraph 1 of the Criminal Code, made by the Sombor District Court K 120/06. 

The alteration concerned only the decision on penalties, keeping thereby the determined 

individual prison sentences. Victim’s aunt who trafficked her has been sentenced for 

human trafficking, Article 388, Paragraph 3 in connection with Paragraph 1 CCS, to 3 years 

and 10 months in prison, and for abduction, Article 134, Paragraph 1, as co-perpetrator, 

in connection with Article 33 CCS, to imprisonment for 2 years. She has been rendered 

a unified sentence of imprisonment for 4.5 years. The accused Josa Zlatković has been 


ARTICLES 1-5 

sentenced for human trafficking Article 388, Paragraph 2 in connection with Paragraph 1 

CCS to 2 years in prison, and for abduction, Article 134, Paragraph 1, as co-perpetrator, in 

connection with Article 33 CCS, to imprisonment for 1 year and 6 months. He has been 

rendered a unified prison sentence of 2 years and 6 months. The Sombor District Court 

has sentenced Maria Ivanek to unified prison sentence of 5 years and 6 months and Josa 

Zlatković to uniform prison sentence of 3 years and 2 months. 

ASTRA Database ID no. 1610 

The judgment of the Supreme Court of Serbia, Kž I 1432/07, 13 September 2007 

§ 418. Still, in spite of significant progress made after the criminalization of human 

trafficking in Serbia, and especially after the introduction of Article 388 CCS, in practice, 

offenders are still rarely indicted under Article 388. Namely, due to the lack of experience 

and insufficient education of the police and prosecutors’ offices, as well as due to 

the lack of evidence, charges are often raised for other criminal offences and not for 

human trafficking. 

“(...) I started with prostitution at the beginning of 2006. It was mostly under the influence 

of my older acquaintance, he was like a father to me. I worked with another girl, both of 

us worked for him, giving him all the money. After some time, he sold us to one young 

man, and when she started dating that man, they started running the business together, 

directing the largest number of clients to me and, because of threats, I couldn’t refuse 

anyone. They used to give me some money at the beginning, but later they were taking it 

all. They were often pointing out the possibility for me to go to Spain because, according 

to them, ‘girls work in prostitution legally there and lots of money could be made’, while 

they had some people who could have helped me. However, when I realized after a few 

months that I was too physically and mentally exhausted to do this any longer, they 

started blackmailing me, threatening and later physically abusing me. My parents and 

my older brother observed the signs of violence on my face and body. I was afraid to talk 

about my situation with them, but they were persistent. Under the pressure of everything 

that had happened, what I couldn’t bear any longer, I told them all. My family reported 

everything to the police and one NGO. (…)” 

Although all elements of human trafficking were there in girl’s statement, in 2006, 

due to the lack of evidence, the perpetrators were indicted of acting as intermediary 

in prostitution. The police referred her to ASTRA recovery and reintegration program. 

Judicial proceedings are still pending. 


138


After a four-year trial against perpetrators accused of the offence of human trafficking from 

Article 388, Para. 6 in connection with Para. 3 and 1 CCS, at which a trafficking victim was 

represented by ASTRA lawyer, on 15 July 2010 the Novi Sad Higher Court rendered the 

first-instance judgment sentencing Đurić Ljiljana to six years of imprisonment, Manojlović 

Dušan to five years of imprisonment, Đurić Radosav to two years of imprisonment and 

Đurić Radoje to two years of imprisonment. 


On 29 December 2008, the District Court in Belgrade reached a decision in the criminal 

proceedings against five accused males for the criminal act of human trafficking, who, in 

the period from August 2002 to 11 June 2007, in Bosnia and Herzegovina and in Serbia, 

by using deception, maintaining deception, abuse of trust, a relationship based on 

dependence and difficult situation of the injured person, with difficult physical invalidity, 

recruited, transported, transferred across the border and kept, in order to obtain financial 

gain through exploitation of the person – begging. The principal offender committed 

a criminal act of human trafficking from Article 111-b Paragraph 1 of CL RS and was 

convicted to 5 years of imprisonment, and the rest of the offenders each committed one 

criminal act of human trafficking as accomplices from Article 111-b Paragraph 1 of CL RS, 

and related to Article 24 of the Fundamental Criminal Law and they were convicted to 

2 years, one year and 3 months of imprisonment respectively (this was the sentence for 

two of them), 11 months, 1 year and 3 months of imprisonment. The Supreme Court of 

Serbia passed the sentence no. Kz I – 2018/09 in the case of the offender Tahir Tahiri and 

others, in accordance with the appeals by the District Prosecutor, defence counsels of the 

accused and the lawyer of the injured, ASTRA’s client. This sentence reversed the first 

instance judgment of the District Court in Belgrade with regard to the qualification of 

the act and with regard to the length of the sentence for the principal accused Tahiri. His 

sentence was extended from five to six years of imprisonment, while the sentences for 

the other accused stayed the same, in the scope from 11 months to two years. 

ASTRA database, ID base 1737 

III.2.2.9.1. Mladen Dalmacija Case 

§ 419. As said earlier, generally light penal policy affected penalties for trafficking offences 

to be light, too. Among the highest sentence so far was pronounced in 2005 by the 

Special Organized Crime Department of the Belgrade District Court in the case against 

Mladen Dalmacija who was tried in absence and sentenced to 8 years in prison. 


ARTICLES 1-5 

21 Year Imprisonment for Pimps 

BELGRADE – A four-member group charged for organized transfer of girls from Ukraine to 

Italy for the purpose of prostitution was sentenced yesterday before the Special Court to 

a total of 21 years in prison. The leader of the group, who is on the run, Mladen Dalmacija 

(30) called Mladja or Pop (Priest), the citizen of Bosnia and Herzegovina, was sentenced 

in absence to imprisonment for eight years. His accomplice Vladimir Dudić (35) from 

Belgrade got six and his wife Tetjana (28) four years in prison. Dragan Andrijašević (41) 

called Žuti from Zvečka near Obrenovac was sentenced to three year imprisonment. 

It has been established that Dalmacija, who is hiding in Italy and Spain, in late December 

last year – early January this year, organized a criminal group that was supposed to illegally 

transfer girls from Ukraine to Italy. The police failed to identify several group members 

from Ukraine and Italy. During the trial, it has been established that Dalmacija had an 

agreement with the Dudić spouses to find several girls in Ukraine and for each of them 

they were supposed to get EUR 1,600 from him. Tetjana, Ukrainian national, managed to 

trick two students, Oksana Nazirova and Olena Ivanov to come to Belgrade, by promising 

them the jobs of baby sitters and exotic dancers in Germany with a weekly pay of EUR 

700. Then they described to Dalmacija over the phone how “the items” looked like. The 

girls were kept in Dudić’s apartment in Pere Segedinaca no 20 Street. The group was 

discovered when they attempted to transfer Oksana to the Belgrade airport. 

In the reasoning of the judgment, Judge Radmila Dragićević-Dičić said that the guilt of 

the accused has been incontestably established and that their defense was unconvincing 

and contradictory. Vladimir Dudić will be kept in detention until the decision has become 

final, while Tetjana and Andrijašević were allowed to go. Tetjana has been forbidden to 

leave her place of residence without court’s approval and her passport will be taken. She 

is obliged to report to the court every other week. Also, this is one of the first judgments 

in which the judge directly refers to the UN Convention and the Protocol. 

Glas javnosti (daily), 1 December 2005 

arhiva.glas-javnosti.co.yu/arhiva/2005/10/01/srpski/H05093002.shtml 

The above mentioned Mladen Dalmacija, sentenced in absence before the Special 

Department of the Belgrade District Court, was arrested in Italy in 2007 and extradited 

to Serbia. The process against him is reopened. However, his case represents an excellent 

example of general weaknesses of the judicial system, at the same time indicating to the 

lack of clear will and motivation of regular courts to run such proceedings in accordance 

with nominally accepted standards. 

Mladen Dalmacija and his accomplice Zdravko Laković are accused before the Third 

Municipal Court in Belgrade in October 2002 of acting as intermediaries in prostitution, 

illegal deprivation of freedom and document forfeiting, since human trafficking was not 

140


legally criminalized at that time. The victims, two Moldovan nationals, who managed to 

escape from the apartment in which they were locked before they were sold away, were 

put in the Shelter for Trafficking Victims. During the first hearing before the investigative 

judge, victims’ lawyer was not allowed to be present since they had the status of 

witnesses and not of victims at that moment. The first trial session was scheduled for 

late December 2002, but although the girls were there and willing to testify, the trial was 

postponed because of the absence of public prosecutor. The girls returned to Moldova 

in mid-January 2003, not satisfied with the procedure which did not let them make the 

statement. Another trial session was scheduled for February 18, but it was postponed 

because of the absence of both defendants. On that occasion, the Presiding Judge of 

the panel was angry because of the absence of girls, but she accepted the explanation 

of Mladen Dalmacija’s attorney who said that “he is due to arrive from Prijedor”, that 

is, from a foreign country (Bosnia and Herzegovina). In this way the defendant violated 

imperative provisions on mandatory reporting to the court of any change in the address, 

but the court did not react. The next trial session in late March 2003 (the Saber action was 

already underway) was postponed again, because Dalmacija failed to appear, allegedly 

sending a telegram from B&H. The Presiding Judge did not accept the request of victims’ 

attorney to apply legal measures, saying that thus far Dalmacija had regularly responded 

to court summons. However, she sharply reprimanded the attorney for girls’ absence. The 

search notice for Dalmacija was released as late as on April 30, 2003 (when he was on 

the run for at least two months) and this happened after the petition of victims’ attorney 

to the President of the Court and the Minister of Justice. After another postponed trial in 

May the same year (Dalmacija still at large), the proceedings died out. Four years later, 

Dalmacija was extradited from Italy and was in the meantime sentenced to eight years 

in prison before the Special Court for human trafficking. He was put in Sremska Mitrovica 

Penitentiary Institution, but was transferred to the District Prison in Belgrade in the 

autumn of 2007, because the proceedings before the Special Court were reopened. 

At the same time, the proceedings started in 2002 continued before the Third Municipal 

Court, tried by the same Presiding Judge. It is therefore understandable that benevolence 

she had earlier shown towards Dalmacija continued; the trial session was once 

postponed because Dalmacija was not brought from jail in Sremska Mitrovica without 

any explanation; the next two times because he was not brought from the Belgrade 

District Prison only two blocks away from the court (the first time without explanation 

and the second time because, according to the report of prison management, “he was 

preparing his defense before the Special Court); once because the judge sent the file 

to the Special Court for possible uniting of cases (which was refused and the case was 

returned) and finally, on June 25, 2008 because the Public Prosecutor’s Deputy failed to 

appear (although his office is two floors above the courtroom!). Particularly worrying is 


ARTICLES 1-5 

the fact that it did not even occur to the Judge to check before each session whether the 

accused Dalamcija would be brought in or to call the Prosecutor who failed to appear. On 

the other hand, it is terrifying that the court obviously does not have sufficient authority 

before the prison administration, while the accused Dalamcija, in all likelihood, possesses 

mechanisms to manipulate those who are supposed to protect society from him. 

Then again, there are examples of good practice; for instance, in the process against 

five persons accused for human trafficking in Novi Sad K 8/07, the Presiding Judge did 

not accept the absence of one of the accused as the reason for postponement, but she 

made sure that he was brought to trial in less than an hour by ordering the competent 

police unit to urgently find him. Again, during the same trial, the same Judge considered 

it unnecessary to call victims’ attorney if the victim did not testify at that session. Such 

ambivalence towards the rights of victims in criminal proceedings results, inter alia, from 

the deficiencies of the Criminal Procedure Act (victim is not a party to the proceedings, but 

only a participant; no explicit obligation to send procedural documents to victims’ attorney; 

no relevant practice or binding positions of the Supreme Court etc.). On 19 March 2009, 

the first instance judgment was rendered against Mladen Dalmacija and Zdravko Laković, 

before the Third Municipal Court in Belgrade for the forgery of travel documents, docket 

number Ki 1407/02. Dalmacija was sentenced to the imprisonment of one year, with the 

time spent in remand included, while Laković got a suspended sentence, i.e. he will be 

imprisoned in the event that he commits a criminal poffence in the period of two years. 

ASTRA Database 259 

III.2.2.9.2. Milivoje Zarubica Case 

§ 420. The human trafficking case that has certainly attracted broad public attention in 

the country and abroad is the case of Milivoje Zarubica, who was declared by the media 

to be one of the most notorious traffickers in Serbia and the region. He and his group had 

been known to the police in Serbia and in the neighboring countries from before, since he 

ordinarily trafficked in women from Eastern Europe and exploited them in his brothels and 

in the streets of Serbia and Italy. The public had heard of Milivoje Zarubica in 2002, when, 

after the eight hours of negotiations, construction inspection with assistance of special antiterrorist 

forces (SAJ), knocked down his illegally constructed building. This was actually a 

well-known brothel where, among others, trafficking victims were kept, too. In the “defense” 

of his establishment, Zarubica had the help of his friends and cousins; he even used his 

underage children to prevent the demolition. The municipal Social Welfare Center in charge 

has never raised the question of child rights violation on that occasion. In this action, one of 

Zarubica’s friends cut with the knife at that time the only air pillow in Serbia used to prevent 

people standing on the roof to get hurt. SAJ officers entered the building, after which all 

people were taken down from the roof and arrested, and the building was knocked down 320 . 

320 

Politika (daily), 2 August 2002, http://www.kontra-punkt.info/2002/avgust_2002/v_2avgust_motel.html 

142


§ 421. Criminal proceedings against Milivoje Zarubica should have been a positive 

example of general and special prevention of human trafficking in Serbia, especially given 

the fact that until the trial, this case implied the cooperation of all anti-trafficking actors, 

governmental and non-governmental. 

In January 2003, a Moldovan woman was placed in the shelter for trafficking victims after 

having had a spine surgery. After a several months of recovery and after having testified 

against the perpetrators, who were one of the links in a massive trafficking chain, she was 

repatriated to Moldova. 

At first, after the surgery, medical examinations indicated that the spinal injury, which 

the victim sustained in attempt to run away through the balcony of a flat in which she 

was exposed to extremely humiliating sexual violence for 13 days, was successfully 

treated. However, complications appeared one year later and additional intervention was 

necessary to prevent total atrophy of lower extremities. 

The man who is directly responsible for these events, who bought her and exploited her in 

particularly cruel way and whom she attempted to run away from, was sentenced to one 

year in prison in Serbia for rape, Article 103 Paragraph 2 in connection to paragraph 1 CL RS. 

On the other hand, the man who recruited this girl was sentenced to imprisonment 

for 11 years in Moldova. This speaks of the difference between penal policy in Serbia 

and Moldova. 


Judgment of the Belgrade District Court K no. 309/03, 4 March 2004 

The first–instance proceedings lasted less than a year and ended by Milivoje Zarubica 

being sentenced to the imprisonment for years and 6 months; Stanko Savanović got the 

same sentence and five of the accused were sentenced to the term between 8 months 

and 2.5 years. The remaining six of the accused received suspended sentences. Milivoje 

Zarubica and Stanko Savanović were acquitted for the rape of two Moldovan nationals 

due to the lack of evidence. Looking from the outside, the judgment was perceived in 

public as a positive example of efficiency. However, essentially, this represents an obvious 

manifestation of powerlessness and the lack of political will for persistent enforcement of 

the law and for clearly indicating and strictly punishing for criminal offences with strong 

gender element committed through the violation of basic human rights of victims. 

The first group of six Milivoje Zarubica’s associates was arrested in January 2003, 

after a Moldovan girl A.T. managed to run away from the apparent (in which she was 

raped and abused for 13 days) by jumping out of the window from the 3 rd floor, when 

she sustained serious spine injury. Zarubica himself, together with six other accused, 

was arrested only during the Saber operation. One of the previously accused, so called 


ARTICLES 1-5 

Aleksandar Putnik, with several aliases, has never been caught, the proceedings against 

him have been separated and it is not known whether the police is looking for him at all. 

It is indicative that some of the accused marked him as the national intelligence agency 

officer who spent much time in the battlefields of former SFRY. The first group of the 

accused was indicted in March 2003 and Zarubica and the second group as late as at the 

end of July 2003, although there was no reason for such delay. It is symptomatic that 

in the part of investigative proceedings that referred to Milivoje Zarubica, nobody from 

Public Prosecutor’s Office found it appropriate to attend the questioning of the accused, 

although Public Prosecutor’s Office is located in the same building as the court. When 

the indictment was finally made, it took several months to join the proceedings, which 

happened as late as in the autumn of 2003. It is interesting that one of the accused 

said that he canceled the power of attorney to his defense attorney “because Zarubica 

is paying for all the attorneys”. Pending the trial, the defense strategy was mostly to 

declare the entire indictment untrue and planted by the police, with the participation 

of the attorney of the victim and NGOs. The accused did not try to hide misogyny and 

xenophobia in their statements (“look at her [the victim] Mr. Judge, do I need someone 

fat, dirty and ugly like that?”), and the defense counsel were not hesitant either (“This 

is Serbia, we will not comply with the fashion and whims of the Safe Women’s House:”, 

“Victim’s attorney is theatrical and rude, she instructed the girls what to say”). The 

Presiding Judge of the panel did not notice such insults and when it went too far, he 

would sometimes give verbal warning to the defense and the accused. When on two 

instances the girls were brought from Moldova to testify, in spite of legal provisions, the 

Presiding Judge did not approve the accused to be removed from the courtroom, but 

only moved Milivoje Zarubica 2 meters behind the victims, in spite of enormous fear that 

the two girls showed. By the way, the court does not have separate rooms in which the 

victims or witnesses could wait safely and without encounter with the accused, for their 

turn to give statements. As a consequence, we witnessed several unpleasant scenes in 

front of the courtroom. Pending the trial, the accused behaved inappropriately freely, 

whispering among themselves, exchanging jokes, insulting aloud the victims while they 

were testifying, making occasional threats. At the same time, the relatives of the accused, 

some 50 of them, mostly did not obey order in the courtroom, calling out insults to the 

victims and their attorney, as well as ASTRA and OSCE Mission representatives. Nothing 

of this was recorded in trial minutes or was recorded only in a brief and reduced form, 

and hence, anyone who was not there could not get the real picture of the course of 

the trial and of the atmosphere in the courtroom from court records. Public Prosecutor’s 

Deputy (in the middle of the trial transferred to the Special Court, from where he also 

went out during the trial for the assassination of Prime Minister Đinđić at the moment 

when the trial was at risk of being stopped) acted rather uninterestedly. When one of 

144


the girls for the first time plucked up the courage during the main hearing to tell how she 

was repeatedly raped in the presence of other girls by several of the accused, the Public 

Prosecutor did not broadened the indictment, saying that “it takes more time, it’s not 

that simple”. The girl returned to Moldova and her rapist will not be brought to justice. 

Also, it remained unclear why money trail was not followed in this case, when several 

witnesses and the accused spoke of money transfers through the Western Union for the 

account of Milivoje Zarubica. 

When the trial was somehow finalized, with all the above said deficiencies, the judgment 

was disappointing. Savanović was sentenced to imprisonment for one year for, as the 

court established, brutal and humiliating multiple rape (with threats to the victim 

that he would kill her and her underage daughter in Moldova), which he did alone or 

simultaneously with Aleksandar Putnik, which rape lasted for two weeks until the girl 

found her escape in running away using knotted bed sheets to climb down the balcony 

on the third floor, when she fell down and remained permanently disabled due to spine 

injury. Such judgment has sent a message to all women in Serbia that the system does 

not see their protection relevant, while the perpetrator may not even be punished. For 

all other offences, the perpetrators received more or less symbolic sentences, which 

the Supreme Court of Serbia slightly increased in the process of appeal, which lasted 

for two years. The Supreme Court of Serbia also revoked the judgment in the part in 

which Stanko Savanović and Milivoje Zarubica were accused of raping two girls. However, 

the same judge as in the first-instance trial acquitted them, for which reason the judge 

was changed. This does not mean that the proceedings will be fairly finished, because 

several trial sessions that were scheduled did not take place, either because the file is 

still at the Supreme Court of Serbia (upon extraordinary legal remedy filed by Milivoje 

Zarubica) or because of Zarubica’s failure to appear, excusing himself with serious illness 

for which no evidence was filed. The last (not conducted) trial session was scheduled for 

8 January 2008. It was postponed practically indefinitely. Also, it is not clear why Milivoje 

Zarubica was not called to serve the sentence of 4 years and 6 months after the judgment 

became final. 

The trial against Milivoje Zarubica and his group has shown the main weaknesses of the 

judiciary in such cases. The lack of main technical conditions for the protection of victims 

in court building essentially degrades victims’ personality, while insufficiently defined 

procedure allows for different treatment from case to case, depending on judge’s personal 

view. Usual procedure for proving violent offences with sexual elements additionally 

humiliates the victim, because it forces her to repeat at the trial session every detail 

(including anatomical ones) of the rape and similar acts. In the majority of cases, the 

court allows the victim to be questioned about her previous life and in moments one get 

lost whether it is the perpetrator or the victim on trial, which results in an attitude that 


ARTICLES 1-5 

some of the victims are less worthy of court protection. If the victim is of lower social 

or educational background, a prostitute and a foreign citizen on top of everything (the 

antagonism of small differences is obvious without exception when persons from former 

SFRY republics of former Eastern block are in question), if she submitted out of fear, not 

giving physical resistance, in the majority of cases she will not be treated with respect 

even by the court. 


Supreme Court of Serbia’s judgment, Kž I 1656/04, 26 December 2005 

§ 422. Although one of the ideas was to build a branch office of the Rakovica Social 

Welfare Center in place of the destructed building 321 , in 2003, while in detention, Zarubica 

sued the state for illicit demolition of his building and won the case. 

(…) It says in the ruling that the City was in charge of the demolition and therefore, 

the municipal staff should now return the building into the previous shape. After the 

spectacular demolition of “Sveti Nikola” Bed & Breakfast in August last year and dramatic 

arrest of the owner Milivoje Zarubica, who is still in remand, on February 27 this year, the 

Belgrade District Court decided in his favor in the civil action against Rakovica municipality 

for illicit demolition of his building. Milivoje Zarubica appealed to city authorities first, 

and when his appeal as refused, he turned to the District Court which found him in right. 

According to Bojan Milić, President of the Rakovica Municipality, it is said in the reasoning 

of the ruling that not the Rakovica municipality, but the City of Belgrade, had jurisdiction 

to demolish “Sveti Nikola” Bed & Breakfast, because this was a business structure. 

- Although the ruling was rendered in February, we received it two months later, in 

April. Since the ruling implies the restoration of the process, this would mean that the 

municipality now has to rebuild the new structure with the same name and the same 

purpose, and that the City should demolish it, “because it is City’s jurisdiction” – explains 

Milić disappointedly. Milić says that the second reason for which the court accepted 

Milivoje Zarubica’s appeal is that municipal order for the removal of the structure does 

not contain the number of the lot in which the structure is placed and also there were no 

evidence that the bed & breakfast was built on public space. With all respect for judicial 

authority, they are shocked in the municipality by such a ruling and it stays unclear 

whether Zarubica’s structure will be rebuilt and then redemolished. 

Glas javnosti (daily), 13 May 2003 

http://arhiva.glas-javnosti.rs/arhiva/2003/05/13/srpski/BG03051203.shtml 

§ 423. After the demolition of “Sveti Nikola” Bed & Breakfast, Zarubica continued his 

activity, now in private apartments, where he kept and exploited girls until they were 

321 

Glas javnosti (daily), 2 March 2004. 

146


transferred to North Italy. During the state of emergency, which was introduced on 12 

March 2003 after the assassination of Prime Minister Đinđić, in the police operation 

Saber, a large number of persons suspected to be members of criminal groups were 

arrested in connection with the assassination. Many were direct or indirect actors in 

trafficking chains, including Milivoje Zarubica and members of his criminal group. Many 

anti-trafficking actors pinned their hopes that this trial will send a message on state’s 

position towards human trafficking and therefore the media often reported on it. 

One of the first criminal indictments for suspected trafficking in women and acting as 

intermediary in prostitution was filed against Milivoje Zarubica (37), who was arrested in 

police action Saber. Informed sources say that it will depend on the outcome of this trial 

whether prostitution will boom again. If Zarubica were convicted and got high sentence, 

this would, it is assumed, scare other pimps. 

Danas (daily), 20 July 2003 

(...) Milivoje Zarubica (37), suspected by the police to be one of the biggest human 

traffickers in this region, was arrested on Monday after nearly two-month search. The 

police have found him in the basement of the house of his friend Milan Miletić (36) in 

Batajnica, hiding behind a heap of coal. The search for Zarubica, an organizer of smuggling 

of girls from Eastern Europe, but also from Serbia, towards the streets of Italy and brothels 

in Bosnia and Herzegovina, started after the arrest of four of his helpers. On that occasion, 

the police arrested Zvezdan Stanković (32) from Kosovska Kamenica, Stanko Savanović 

(34) from Belgrade, brothers Dragan and Zoran Tomić (32) from Belgrade, and later 

Zarubica’s associates from Pančevo Radovan Mrvović and Miroljub Radivojević. The two 

Pančevo residents kept in an apartment two Romanians, one Albanian and one Serbian 

national, who were awaiting documents for going to Italy, where they were supposed 

to practice prostitution. Zarubica’s people were arrested in the mid-January, after the 

runaway attempt of the captive A.T. (26) from Moldova from the private lockup in Ilije 

Stojadinovića Street. The unfortunate girl tried to climb down, using bed sheets, from the 

apartment in which Savanović was sexually abusing her. The girl fell and got seriously 

injured and ended in hospital. It has been established that in that apartment, until the 

arrest, Zarubica’s group kept 11 girls, three of whom were caught with forfeit passports at 

the border checkpoint. Their final destination was Italy. Although many of his associates 

were arrested, Zarubica was resisting police search for two months. Still, the police 

established in the meantime how the naive girls were caught in this white slavery net. 

Through advertisements in Moldovan town Kishinev, women smugglers were looking for 

girls for “legal job in Italy or other Western European countries”. The girls would be illegally 

transferred from Romania to Serbia, and then brought to the private prison of Zarubica’s 


ARTICLES 1-5 

helpers, the Tomić brothers, in the village of Piroman. Even before the said arrests, there 

were stories about Zarubica that he was the organizer of the whole business and that he 

was known as the owner of the brothel with girls from East European countries. He was 

arrested several times on suspicion of involvement in trafficking in women, but he was 

never convicted. Before the Second Municipal Court, there is a pending trial against him 

for trafficking in women. Namely, seven girls were found in one apartment in Skojevska 

Street, while as many as 43 girls were found under his “sponsorship” in Resnik. 

Blic (daily), 28 March 2003 

§ 424. Yet, following the chronology of this case, we may see that Milivoje Zarubica did 

not go to serve the jail sentence to which he was convicted with final decision. Moreover, 

he was regularly responding to summons and is not kept in detention pending trial 

in connection with all actions against him. ASTRA and the police are in contact with 

trafficking victims that were recruited and exploited by Zarubica and his group during and 

after the completion of criminal proceedings. 

“(…) I met Puja (Zarubica) at the beginning of 2005. He sent me to Italy, me and six 

other girls, on 13 May 2005, I’ll never forget that day, because it was Friday the 13 th . He 

‘arranged’ Slovenian visa for us through one hairdresser’s parlor, which issued a certificate 

that we worked as hairdressers and that they were sending us to attend cosmetics fair in 

Slovenia… When we arrived in Italy, his friends awaited us and told us that we would be 

working in the street. I just turned 18. (…)” 


On 6 November 2008, the Anti-mafia Court sentenced Milivoje Zarubica in his absence 

to 17 years of imprisonment and 150.000 EUR of fine for the criminal offence of human 

trafficking and mafia association in Italy. Several years earlier, after searching certain 

apartments in Tofane Street (Andrea Kosta zone) in Bologna, girls from Eastern Europe 

(Romania, Ukraine and Moldova) who engaged in prostitution were found. Some of them 

agreed to cooperate with the police and then the name Puja appeared, as the name of the 

main leader. Investigation showed that he had developed a business both in Bologna and 

London. Elisabetta Melotti, the public prosecutor in the proceedings, and the investigators 

found that Zarubica had, as early as at the beginning of the 1990s, transferred women to 

Italy in pontoons. In the proceedings, several of his associates were accused and then 

convicted, among whom were also his relatives. Zarubica was defended ex officio by the 

lawyer Fabrizio Petix who gave notice of an appeal, because, according to him, Puja and 

Zarubica were not the same person (during the proceedings Zarubica’s former girlfriend 

discovered his real name). 

148


As far as court proceedings in Serbia are concerned, several main hearings that were set 

down were not held, mainly because the documents from 2008 were located in the 

Supreme Court (in relation to the extraordinary legal remedy filed by the attorney of Milivoje 

Zarubica), or because he did not appear in court, saying he had “some serious illnesses” for 

which he did not deliver proof. The last main hearing (which was not held) was set down 

for 8 January 2008. It was postponed practically indefinitely. In late May 2008, Zarubica 

escaped to avoid arrest on suspicion that he paid the bribe of 3.000 EUR for the freedom of 

his two sons, accused of robbery. Zarubica escaped from Belgrade only a few hours after a 

seven-member criminal group of lawyers, policemen and doctors were arrested on suspicion 

that they accepted monetary award to “free” clients from criminal accountability. Zarubica 

should have been arrested as a mediator. By monitoring two lawyers, it was determined 

that Zarubica paid them 3.000 EUR in order for them to secure that criminal charges not be 

filed against his two sons. Zarubica succeeded once again in avoiding the police, and in the 

moment when the arrest was planned, he was, for the second time, on the run. Interestingly 

enough, after the validity of the judgment of the Supreme Court in Belgrade in 2005, 

Zarubica was not invited to serve the sentence of four and a half years of imprisonment, but 

the warrant for his arrest for serving the sentence was issued by a court in Lebane 322 . It was 

impossible to obtain the information about when exactly the arrest warrant was sent out 

and why it was not done from Belgrade, where he was convicted, but by the court in Lebane. 

ASTRA baza podataka, ID broj 975 

§ 425. In the meantime, Zarubica resided under a false name in Niš and Leskovac, where 

he worked in the trade of cultural goods found during illegal archaeological excavations 

in various locations in Serbia. On 11 March 2010, the Ministry of the Interior announced 

that the members of the Department for Combating Organized Crime arrested Milivoje 

Zarubica in Blace near Kuršumlija. When they arrested him, they found with him the 

documents with the name Zoran Papović, based on which he resided in Niš and Leskovac. 

What was interesting was the fact that the man known by the name of Zoran Papović, in 

whose name Zarubica was issued the ID card, actually existed. There is also the information 

that Zarubica, using this false name, managed to set up a meeting in the Government of 

Serbia in order to secure a postponement of the execution of the sentence “for his friend 

Milivoje Zarubica who is a good and honest man.” 

Milivoje Zarubica Arrested 

In Blace near Kuršumlija, the members of the Department for Combating Organized Crime 

arrested Milivoje Zarubica, known to the public as “the Balkan king of human trafficking” 

322 

http://www.glas-javnosti.rs/clanak/hronika/glas-javnosti-11-03-2010/sbpok-uhapsio-milivoja-zarubicu 

http://www.novosti.rs/code/navigate.php?Id=9&status=jedna&vest=173251&title_add=Uhap%C5%A1en%20Milivoje%20 

Zarubica&kword_add=hapsenje%2C%20milivoje%20zarubica 


ARTICLES 1-5 

BELGRADE – In Blace near Kuršumlija, the members of the Department for Combating 

Organized Crime arrested Milivoje Zarubica (1965), known to the public as “the Balkan king 

of human trafficking”, the Ministry of the Interior announced. The court in Lebane issued a 

warrant for arrest of Milivoje Zarubica for four years of imprisonment, in accordance with 

the final judgment of the Higher Court in Belgrade. When they arrested him, they found 

with him counterfeit documents with the name Zoran Papović, based on which he resided 

in Niš and Leskovac, where he worked in the trade of cultural goods found during illegal 

archaeological excavations in various locations in Serbia, the statement said. According 

to the police, during 1999, three criminal charges were raised against him, and only in 

one of the actions against Zarubica, in December 1999 in Resnik, the police found 46 girls 

from Romania and Moldova and 180.000 Deutsche Marks. In 2003, Zarubica was on the 

run for two months, while the police searched for him for mediating in prostitution, and 

he was arrested in Batajnica during the action “Sablja”, the statement said. In 2004 and 

2005, the Higher Court in Belgrade convicted him along with 11 more people for criminal 

acts related to human trafficking, because he participated in organizing prostitution and 

illegal deprivation of liberty of at least 11 Moldovan female nationals. In November 2008, 

the Italian Anti-mafia Court in Bologna convicted Zarubica for 17 years of imprisonment 

and 150.000 Euro of pecuniary penalty for criminal acts of human trafficking and mafia 

association, the statement of the Ministry of Interior said. 

FoNet | 11 March 2010, 16:17 | 

http://www.novosti.rs/vesti/naslovna/aktuelno.69.html:267547-Uhapsen-Milivoje-Zarubica 

III.2.2.9.3. Trial In Absentia 

§ 426. The Criminal Procedure Act, in Article 304, Paragraph 2 and 3, envisages that, upon 

the motion of the prosecutor, the accused may be tried in absence only if they fled or are 

otherwise not amendable to justice, provided that particularly important reasons exits to 

try them although they are absent. Article 407 governs trial in absence, while Article 413 

stipulates that criminal proceedings in which a person was convicted in absentia (Article 

304) shall be reopened even beyond the conditions referred to in Article 407 of the Act, 

provided that the convicted person and his defense submit a request for the reopening of 

proceedings within a term of six months from the day it becomes possible to conduct a 

trial in the presence of convicted person. Also, criminal proceedings in which a person was 

convicted in absentia shall be reopened even beyond the conditions referred to in Article 

407 of this Act provided that a foreign state allowed his extradition under the conditions 

that the proceedings be reopened. 

When the accused who is convicted in absentia to imprisonment sentence, conditions for 

the extension of detention for not being amendable to justice are fulfilled. 

150


From the reasoning: by the first-instance judgment, the accused has been found guilty 

for human trafficking and convicted to imprisonment. At the same time, his detention 

was extended. It turns out from the records that the accused was in detention upon the 

ruling of the investigating judge and that pursuant to Article 566 CPA, the wanted notice 

was issued against the accused, too. Since the accused was not available to the court and 

that he was not deprived of liberty, the panel decided to try him in absentia. Since the 

accused was not arrested until the termination of the trial, in rendering the judgment the 

court decided to extend his detention, bearing in mind the circumstance that he is not 

amendable to authorities, and if the detention against the accused were revoked and he 

found himself in the territory of the Republic of Serbia, he would remain out of reach of 

state authorities until the judgment becomes final. Therefore, reasons for extending the 

detention are justified and legitimate. 

(Ruling of the Supreme Court of Serbia, Kž II 1974/04, 13 December 2004 and ruling of the 

Belgrade District Court K. 247/04, 22 June 2004) Sudska praksa, ING PRO paket propisa 

III.2.2.10. Penalties Affecting the Property of the Perpetrator 

§ 427. In the structure of criminal penalties that may be rendered with the aim of suppressing 

and preventing criminal offences in Serbia, penalties that affect the property of a convicted 

person are very important. In the criminal justice system of Serbia today, the only penalty 

of this kind is fine provided under Articles 49 and 50 of the Criminal Code of Serbia. The 

confiscation of property envisaged by former Fundamental Criminal Law, i.e. the Criminal 

Law of FR Yugoslavia (Article 39a) does not exist since 1 January 2006. The confiscation of 

property had been restored in our criminal legislation (after 1990) through the amendments 

and supplements to the Fundamental Criminal Law of April 2003. However, this penalty 

could have been applied only for certain offences – the offences with elements of organized 

crime. It was prescribed as a specific, subsidiary penalty which consisted of the confiscation 

of the entire property of the convicted person without compensation within the limits set by 

the law. This penalty could have been optionally imposed if two cumulative circumstances 

had been met: that this was the perpetrator of the offence with the elements of organized 

crime and that sentence of not less than 4 years had been imposed to such person. 323 

§ 428. For efficient fight against organized crime, it is necessary to hit on its property. The 

first person to advocate such an attitude was Judge Giovanni Falcone. He was the first to 

apply economic analysis of a criminal organization on the mafia, comparing the structure 

of that organization with the structure of a criminal enterprise. Namely, his opinion was 

that a repressive approach in fight against the mafia cannot be sufficient in itself, because 

if the structure of that criminal enterprise continues to produce wealth, the mafia will 

always be able to attract new members and new leadership. If you arrest one of them or if 

323 

Jovašević D., Primena kazne konfiskacije imovine u suzbijanju organizovanog kriminaliteta, Revija za bezbednost, br. 4, Centar za bezbednosne studije, 

Beograd 2007. 


ARTICLES 1-5 

you convict them to long prison sentences, new, more aggressive and more capable ones 

will arrive. Therefore, the only proper way to suppress organized crime is to reduce the 

capital and profits of criminal enterprises. What Judge Falcone has taught us is still valid, 

and the system of economic analysis of illegal activities is broadly applied in the countries 

of modern democracy. 324 

§ 429. By adopting the concept of fight against criminal property, especially in the context 

of organized criminality, by the seizure of assets acquired illegally, criminals and criminal 

organizations would have smaller room for hiding the origin and existence of illegally 

acquired property, for using illegally acquired assets or for covering criminal activity and 

avoiding punishment for criminal offences committed. As a result, the criminal power of 

criminal organizations would be destroyed. 325 

III.2.2.10.1. Confiscation of Gain Acquired Through Criminal Activity 

§ 430. Before the criminalization of human trafficking in Serbia, victims were often 

treated as perpetrators of some crime. Some of the girls have witnessed that the police 

officers who interviewed them before putting them to the shelter required them to take 

off all their jewelry. Having left the shelter, that jewelry was not returned to them. 

“(...) They were taking all the money I earned, but I had much gold with myself, necklaces, 

bracelets and rings. All of these I got in Macedonia and Italy in previous two years. When 

they arrested us, I handed everything over to the police, I took off everything I had on me. 

I asked them when they were going to return my jewelry, they said when I left for home. 

I asked for a receipt or some sort of certificate that they took my jewelry, otherwise how 

they would know what they took from me. They told me not to worry, they knew, they 

did not need anything mine, they would give it back. One of them even asked whether I 

did not have trust in the police. 

When they told me that I would be transferred from the prison 326 to the shelter for 

trafficking victims, I asked for my jewelry. A younger police officer slapped me in the face 

because I was rude and because he already told me that I would get my jewelry when I 

left for home. I asked no further questions, but except for my clothes and that jewelry, I 

had nothing else. (…)” 

The police officer who slapped her in the face came by to the shelter several times, he 

talked to her and in the presence of shelter stuff repeated that there would be no problem 

regarding the jewelry, i.e. that she would get it back. This girl was repatriated to her 

country of origin (Moldova) in late 2003. She never got her jewelry back. 


324 

http://www.pravdautranziciji.com/pages/article.php?id=1660&PHPSESSID=c3c079756e2f7e758a555eb3342ebff2 

325 

Bošković G., Efekti prodora organizovanog kriminala u legalne ekonomske tokove, Revija za bezbednost, br. 7, Centar za bezbedonosne studije, 

Beograd 2008. 

326 

Detention Center for Aliens in Padinska Skela near Belgrade. 

152


§ 431. The Law on Seizure and Confiscation of Proceeds from Crime 327 regulates 

comprehensively the conditions, procedure, competent authorities and ways of the 

seizure of assets, as well as the managements of such assets. The Law came into force on 

1 march 2009 and may be applied on trafficking offences. All assets confiscated during the 

period covered by this report are temporarily confiscated. 

NOVI SAD, 12 May 2006 (Beta) 

Zorić: To seize all assets that do not have the proof of origin 

The spokesman of the Special Prosecutor’s for Organized Crime Office Tomo Zorić said 

today that it was necessary to adopt legislation that would make it possible to seize all 

assets for which there was no proof of origin from persons accused of organized people 

smuggling and human trafficking. Zorić said that at the moment, such accused persons 

might be faced only with the confiscation of property acquired through the specific 

offence. At the roundtable “Reporting on Organized Crime”, Zorić said that so far the 

highest penalty imposed on persons convicted for people smuggling or human trafficking 

in Serbia had been eight year imprisonment and the average sentences ranged between 2.5 

and 3 years in prison. He warned that with such penal policy the state “will not efficiently 

fight human trafficking”. The Spokesman of the Special Prosecutor’s for Organized Crime 

Office said that between March 2002 and December 2005, 186 trafficking victims had 

been discovered in Serbia. “Of this figure, 80 victims were of our origin, meaning that 

we are the country of origin, and not only of transit for people smuggling and human 

trafficking”, said Zorić at the roundtable “Reporting on Organized Crime” that took place 

in the Novi Sad School of Journalism. Zorić said that the illegal migration of population 

across Serbia usually took place in such a manner that the groups of four-five persons, 

when they arrived to our country, were first transported through “regular channels” to 

Novi Sad or Belgrade. According to him, they are then taken over by persons who organize 

their smuggling and who take them most often to the vicinity of Šid. From there, they are 

transported, across neighboring countries, to their final destinations. Zorić also said that 

persons who lived in border towns and who decided to harbor illegal migrants earned 330 

EUR per night. 

http://www.pronadjipravo.com/index.php?link=opsirnije&id=171&table=vesti 

§ 432. Positive experiences of other countries should be used in this area (e.g. of Germany), 

which use property seized in this way for the prevention, protection and suppression 

of human trafficking. Thus, budget allocations are increased, and funds are directed to 

quality recovery programs for victims, technical equipment and the education of state 

authorities, as well as to prevention. 

327 



ARTICLES 1-5 

III.2.2.11. Setting Up the Special Department of Belgrade District Court for Organized 

Crime and Prosecutor’s Office for Organized Crime 

§ 433. Following the history of the establishment of specialized department for organized 

crime, we may see that Prime Minister Đinđić announced year 2002 to be the year of fight 

against organized crime. In July 2002, the Government of Serbia passed the Law against 

Organized Crime. For this Law to come into force, it should have been incorporated 

into the federal Criminal Procedure Act, i.e. it was necessary for it to be passed by the 

Federal Parliament, too. However, the Democratic Party of Serbia (DSS) and Montenegrin 

Socialist People’s Party obstructed the passage of this Law until December 2002. On 

July 27, 2002, the DOS 328 Presidency decided to dismiss the DSS from the governing 

coalition. On August 3, 2002, there was an attempted murder of Ljubiša Buha Čume, 

where one of the assassins was Milorad Ulemek Legija. Because of the obstruction in 

the adoption of the Law against Organized Crime, the institution of witness-associate 

still did not exist. In December 2002, the Federal Parliament passed the Law. The same 

month, the members of JSO 329 and criminal gang “Zemunski klan” blew up “Defense 

Road”, company owned by Ljubiša Buha Čume. Having got information that the mafia 

had access to information that were highly confidential at that moment, Prime Minister 

Đinđić decided in January to dismiss the then top officials of Serbian Intelligence Agency 

BIA, Andrija Savić and Milorad Bracanović. In the same month, Special Prosecutor’s Office 

and Special Department of the Belgrade District Court for Organized Crime were set up. 

III.2.2.12. International Cooperation 

§ 434. The suppression of human trafficking implies international cooperation of all antitrafficking 

counterparts. The Strategy to Combat Trafficking in Human Beings in the Republic 

of Serbia in Article 10 speaks of the necessity of international cooperation aimed at signing 

and implementing legal instruments, improving the data exchange system, speeding up the 

legal aid procedure and implementing more comprehensive financial investigation. 

§ 435. While NGOs have advantage in that respect, since they are not bound by any 

formal and administrative obstacles, and the exchange of information is possible by 

telephone or e-mail, state institutions have a formalized framework of cooperation they 

need strictly to comply with. 

In 2005, proceedings for the criminal offence of human trafficking committed against 

ASTRA’s client who, at the time of the offence was 15 years old, was started before 

the Sremska Mitrovica District Court. She gave her statement in May 2005 and March 

2006. After her last appearance before the court, two foreign witnesses were questioned. 

Before rendering the judgment, the court was waiting only for the original passports of 

328 

Democratic Opposition of Serbia which came to power after wining the elections and brining down Milosevic’s regime. 

329 

Serbian Interior Ministry Special Operations Unit. 

154


the trafficker and the victim to be sent from Germany, passports which the traffickers 

obtained for the two of them to cross international borders on their way to the destination 

country. These documents should have been sent by official diplomatic channels, through 

embassies and Justice Ministries. However, after almost two years, the judge has not 

received these passports, for which reason the entire case is on halt. 

At the same time, making use of this situation, the trafficker started paternity procedure 

for the child born in the period when the victim was exposed to exploitation, in order to 

be able to require custody of that child later. The judgment, i.e. conviction in the case 

of human trafficking offence would have great impact on the outcome of paternity, i.e. 

custody procedure. 

In the meantime, ASTRA’s client and her five-year old daughter are permanently exposed 

to his threats and are forced to be on their guard all the time and in fear that these threats 

could be realized. 


§ 436. As far as police cooperation is concerned, it includes investigation, the possibility of 

appointing a liaison officer, the exchange of information for coordination of joint actions 

or specific methods and instruments that are used by organized criminal groups. 330 Specific 

forms of police cooperation are discussed in detail in chapter III.7. of this Report which 

analyzes Article 10 of the Palermo Protocol and corresponding articles of CoE Convention. 

III.2.2.12.1. International Legal Aid 

§ 437. International legal aid in trafficking cases depends on several factors. The bringing 

of victims to testify is proportionally rare, because the state is more interested in using 

its mechanisms if this involves the ensuring of presence of the accused for serious criminal 

offences. The costs are often the issue in the majority of cases. The slowness of the 

procedure itself compromises the effectiveness of the bringing of the victims, while the 

procedure is additionally complicated if it involves the country in which Serbia does not 

have its diplomatic mission, such as, e.g. Moldova. The central authority in Serbia for 

international legal aid is the Section for Normative Affairs and International Cooperation 

of the Ministry of Justice of the Republic of Serbia. This procedure is often very lengthy, 

which is in contrast to Article 16 of CPA and to right to trial in reasonable time. In human 

trafficking cases this is often detrimental both for the victim and for the process in general. 

In the Zarubica case, the Presiding Judge of the panel filed a request to the competent 

Ministry for ensuring the presence of victims from Moldova. His interventions failed 

to speed up the process and it turned out in the end that the request waited for more 

330 

Đurđević Z., Međunarodna saradnja u suprotstavljanju međunarodnom kriminalu, Revija za bezbednost, br. 7, Centar za bezbedonosne studije, Beograd 

2008. 


ARTICLES 1-5 

than one month in the Serbian Embassy in Ukraine. Then, when it was finally forwarded 

to Moldova, their Public Prosecutor’s Office did nothing. For this reason, victims’ legal 

representatives and ASTRA contacted SECI Center and girls were finally brought to Serbia. 

In addition, the Belgrade District Court at the time (2004) did not have possibility to send 

necessary documents by fax to foreign countries or to make international phone calls. 

This was done by victims’ attorney instead. When finally SECI Center team, with FBI’s 

assistance, came to the state border with the girls, they were stopped by Serbian border 

authorities, because the girls allegedly did not have due invitation requiring their presence 

at the trial. Only after several hours of waiting, they managed to enter the country. 


In the case against Borivoje Ninković before the Fourth Municipal Court in Belgrade, the Presiding 

Judge of the panel assessed that the presence of the victim was necessary, but that the court 

did not have means to ensure this, because his requests to the competent ministry remained 

unanswered. The girl came and testified, but with ASTRA’s and OSCE Mission’s assistance. 


In the case against Mladen Dalmacija and Zdravko Laković before the Third Municipal 

Court in Belgrade, the Presiding Judge of the panel claimed that the court would cover the 

costs of transportation of two victims from Moldova. However, in this case, the costs are 

only a technical element, because the brining and questioning of the girls six years after 

the incriminated event would represent unacceptably cruel revictimization and brutal 

violation of their basic human rights. A special problem in this case is the fact that five 

of seven scheduled sessions did not take place for various reasons, mostly because of the 

absence of the accused Mladen Dalmacija. Therefore, it is not probable that the girls, 

even if they had come, really would have had the opportunity to make their statements 

at the trial, because according to the Criminal Procedure Act, the trial session cannot be 

held or any procedural activities cannot be done without the presence of the accused. 


III.2.2.13. Judicial Treatment of Trafficking Victims 

§ 438. Obvious absence of real perception of the status of the victim of criminal offence 

and the lack of efficient solutions that would enable the victim to give a valid and 

acceptable statement in the shortest possible time period without violating her individual 

rights. In the majority of cases, the victim of crime is at the same time a collateral victim 

of an inefficient legal system. 

§ 439. It is generally known that trafficking victims, after the initial recovery period, 

mostly want to leave the shelter they are put in, in order to return to their families. 

156


They want to forget the trauma they survived as soon as possible and start rebuilding 

their lives. Besides the fear of traffickers, this is one of the reasons why they reluctantly 

respond to court summons. If they are foreign nationals, they are usually repatriated, 

which makes their future presence in court difficult. 

In late January 2008, the local police department was informed about a citizen of Serbia 

who was deported from Italy after entering the country with emergency travel document. 

Upon arrival at the airport, she was obviously upset, with a visible physical injuries and 

malnourished, declining at the same time to undergo a medical examination at the airport. 

After giving a statement to the local police a month later, proceedings were instituted ex 

officio with her as a witness/injured party for the case of human trafficking. Considering 

the fact that she lived in a small town and that her former husband who was involved in 

her sexual exploitation knew her entire family, she started receiving threats from him 

and his family saying that she had to retract the said statement. After her retracting the 

statement, the Public Prosecutor raised charges against her for perjury. 

ASTRA provided legal assistance to this woman and informed the US State Department about 

this case which is in violation of Article 26 of the CoE Convention (Provisions on Impunity). 

During the proceedings, numerous suspicious actions were happening (the documents 

from the case were missing, the proceedings were stalled, hearings were constantly 

delayed...). Out of fear, constant threats from traffickers and the impossibility of a normal 

life, the client went abroad, where she resides today. 

In the mid 2010, the District Prosecutor’s Office requested to review the case, after which 

the case against her was dropped, and the new investigating procedure regarding the 

offence of human trafficking was instituted before the Basic Court where she was the 

witness injured. 


III.2.2.13.1. Compensation Claims 

§ 440. Judges quote Article 16 CPA in their judgments and, not wanting to prolong the 

procedure, refer victims to realize their right to the compensation of damages in litigation. 

This is one of the reasons why until the release of this Report no trafficking victim won 

damages in civil procedure. 

§ 441. Namely, in criminal judgments, it is usual that compensation claims are not 

discussed whatsoever, i.e. they are neither accepted not denied. Instead, the victim/ 

injured party is referred to litigation, without listing any reasons or with a blanket 

explanation that this is done in the name of the efficiency of the procedure, even when 

this is not really the case. 


ARTICLES 1-5 

The Novi Sad District Court referred the victim to litigation, although neuropsychiatrist 

and psychological examinations were made during criminal proceedings, establishing to 

which extent the victim was traumatized by defendants’ acts and what consequences 

the trauma caused to her personality (PTSD etc.). If damages were adjudicated on that 

occasion, it would only contribute to the efficiency of the procedure. Thus, the victim 

will be forced to run expensive and lengthy litigation, which may realistically take two to 

three years. 


Zoran Balog and Branko Novaković, accused of the criminal offence of so-called cruel 

murder of the late B.K., were tried before the Pančevo District Court. The girl was beaten 

to death for hours, because she ran away from the accused for whose account she was 

forced into prostitution for a longer period of time. The perpetrators were sentenced to 

imprisonment for 12 years and 6 months each, while the mother of the victim, E.K. was 

referred to litigation. Pending the trial, the Presiding Judge of the panel was addressing 

victim’s mother with her first name, thus showing disrespect, allowed the defense 

counsel to use insults when talking about the deceased and the like. Although none of the 

participants in the proceedings denied mother’s grief over murdered daughter, the court 

referred her to litigation without any legally valid argument. The litigation ended with 

settlement, but compensation of damages has not been effected until today because the 

perpetrators are in prison and they do not have any property from which the Plaintiff may 

be paid out. 


§ 442. Since this is a usual practice in Serbian courts, victims have no right to appeal 

the criminal judgment in which compensation claim is not practically decided about, 

but they are referred to new proceedings, which brings about both revictimization and 

considerable costs. 

§ 443. During 2010, there were numerous initiatives related to the issue of compensation 

to victims of human trafficking. The OSCE Mission to Serbia in cooperation with the 

Association of Public Prosecutors and Deputy Prosecutors of the Republic of Serbia 

started a project that aimed to change legislation in this field. 

III.2.2.13.2. New Investigative Techniques 

§ 444. Successful suppression of all forms of organized crime, including human trafficking, 

has been to a great extent alleviated by the introduction of special investigative techniques 

in the Criminal Procedure Act. Some of them turned out to be very successful in practice. 

Thanks to them, evidence in the Dalmacija case was successfully collected. 

158


III.2.2.14. Police Cooperation 

§ 445. The beginning of work on the suppression of human trafficking was marked by the 

absence of network between state authorities. This was an important obstacle to the 

efficient combating of this form of organized crime. The closeness of state institutions, 

in particular of the police, in the previous period, was not without impact. It took some 

time to build trust and gradually establish cooperation with professionals from other 

countries. This was contributed by numerous regional seminars and trainings that the 

representatives of institutions attended, above all thanks to foreign donors and funds, 

where direct contacts were established, which made later cooperation easier. 

§ 446. The sluggishness of the state apparatus, enormous red tape, complicated 

procedures, and strict hierarchy of specific authorities makes efficient work on combating 

human trafficking significantly difficult, even when there is a good will on the part of 

individuals who work in these institutions. This gives advantage to criminals who do not 

have these obstacles and “successfully” cooperate in their fields of activity. On the other 

hand, there are many examples that due to the lack of cooperation or slow administration, 

some cases need to be stopped due to the statute of limitation. It is much more serious 

when this concerns searches for persons who went missing in the trafficking chain, where 

the passage of time is in reverse proportion to the successfulness in solving the case. 

In June 2007, father of a girl who was kept locked by the trafficker in a bar in Montenegro 

called ASTRA SOS Hotline. She managed to contact her father through SMS and told him 

to urgently send the police, because she was afraid that she would be sold in the following 

four days to another trafficker who would take her to Albania. On the same day, ASTRA 

contacted Serbian Ministry of the Interior by telephone, and then sent the official memo 

to inform them about this case. 

However, the representatives of the Ministry of the Interior informed ASTRA that, since 

this involved human trafficking in the territory of another state, and regardless of the 

fact that the victim was a Serbian national, these information needed to go through 

administrative procedure which would take at least 10 days before it got back to the 

operational level. It was impossible to officially send this memo on time and the police 

representative told ASTRA to contact an NGO in Montenegro, because in that way their 

police could be alarmed quickly enough. 

The same day, ASTRA contacted Safe House for Women in Podgorica, which contacted 

the local police and the first contact with the girl was made on June 21. 


§ 447. The first progress in inter-state cooperation appeared with regard to donations 

which foreign governments or their embassies were giving Serbia in the form of 


ARTICLES 1-5 

technical assistance and equipment for institutions, above all the police. Technical 

assistance included renewing the fleet, technical equipment and organizing professional 

development trainings for the staff. 

§ 448. A positive development in regional cooperation is certainly the establishment of 

Southeast European Co-operative Initiative (SECI) Center in Bucharest, that was lunched 

as an idea within the Euro-Atlantic cooperation in May 1995 in Vienna. Participating states 

are: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Greece, Hungary, FYR Macedonia, 

Moldova, Romania, Serbia, Slovenia, and Turkey. Serbia (then FRY) officially became a 

member by the decision of the Federal Government of 23 August 2001. The SECI Center 

is unique because the customs and the police work together in direct cooperation within 

a mutual Project. The project does not overlap with any other initiatives, because it is not 

political co-operation, but a real operative collaboration and it works under the guidance 

and counsel of recommendations and directives of the INTERPOL and WCO. 331 This 

Center has given significant contribution to the coordination of assistance, protection 

as well as the organization of transportation of witnesses, foreign nationals in the case 

against Milivoje Zarubica in 2003-2004. 

§ 449. A good example of cooperation and networking may be the Special Department 

for War Crimes of the Belgrade District/Higher Court, which has established excellent 

cooperation with governmental and nongovernmental organizations both in Serbia 

and aboard, with whom it is in permanent communication aimed at the exchange of 

information and successful solving of cases in the war crimes area. 

III.2.2.15. Abuse of Modern Technology for Human Trafficking and Other Forms 

of Exploitation 

§ 450. As explained in the Legal Analysis, the possession of child pornography was 

not punishable in Serbia and hence the police and Public Prosecutor’s Office often had 

a problem to prove the production and distribution of child pornography, which are 

punishable elements of the offence. This changed thanks to the latest amendments and 

supplements to the Criminal Code, facilitating to the great extent the job of the police 

and prosecutor. The Internet and SMS massaging have recently become increasingly used 

for recruiting young people into the human trafficking chain. According to the research 

which ASTRA conducted in 2006 332 , although 98.8% of young people have heard of 

human trafficking, only 15% think that anybody could fall victim. This fact certainly 

calls for “preventive alarm”. 70.5% of respondents uses the Internet, more specifically 

for entertainment (76.6%), to find useful information (63.2%), for sending and receiving 

e-mails (36.9%), for meeting new people (26.6%). 38% of the sample and more than 

half of those who use the Internet, use it for communicating (chatting) with other people. 

331 

http://www.secicenter.org/ 

332 

Human (Child) Trafficking – A Look through the Internet Window, ASTRA, Belgrade, 2006. 

160


Grafikon III.2.2.15.1. Internet use for the whole sample (in percent) 

§ 451. Further, 37% of young people who chat have experienced different unpleasant 

situations on line – sexual harassment, insults, vulgar language, threats, fights, abuse, 

practical jokes or ethnically based insults. In 47.8% of cases, they receive different offers 

– for meeting their contacts in person, dating, traveling together, sex, job offers, modeling 

offers, sex in exchange for money, etc. In 37.8% of cases, respondents met their chatting 

partners in person. Offers that young people most often receive through the Internet are for 

meeting in person and dating. Much more often such offers were received by girls. However, 

87.4% of all respondents can imagine the recruitment over the Internet as a real danger! 

Grafikon III.2.2.15.2. Chatting experience 

The pedophilia chain discovered in Serbia, Šabac – The first pedophilic chain in Serbia 

discovered in Šabac, photos sent over the Internet. According to Blic’s sources, the photos 

of sexual abuse of children, the youngest of whom is only one year old and the oldest is 9, 

have been sent to the world for months from one Internet address in Serbia. Right before 

Easter holidays, in an action launched by US FBI, an 18-year old boy from reputable local 

family was arrested in Šabac, who was sending the photos from his home PC. The arrested 

boy was ordered one-month remand. He decided to remain silent before the investigating 


ARTICLES 1-5 

judge of the Šabac District Court. “The action started ten days ago, when FBI sent a memo 

to the Belgrade office of Interpol asking for certain check up to be done in Šabac. Namely, 

the case was initiated when the photos of abused children sent from Šabac were received to 

the Internet address of one US citizen. The man was shocked. He instantly reported the case 

to the police. FBI joined the action and notified the Belgrade Interpol”, said for Blic a source 

close to the top of the Serbian MoI. Certain data were given to the police, based on which it 

was precisely located where the photos were sent from. “We reacted instantly. The Criminal 

Justice Police of the Serbian MoI and the Šabac Police, in cooperation with the investigating 

judge and public prosecutor, appeared in front of the house from where the photos were 

sent,” said the source. “The police officers armed and with full equipment, went into the 

first action of arrest for Internet pedophilia in Serbia. They were not little surprised when 

the door was opened by a boy who had become of age only a few months before. The shock 

was even greater when it was established that it was him who was sending these monstrous 

photos”. The boy was instantly arrested, brought before the investigating judge, while the 

police confiscated his computer, from which files with photos are still downloaded. All 

files in which photos were kept were protected by passwords and so far a great number 

of photos of abused children were found. Blic’s source from the MoI says that this is only 

one in the series of actions of the police in cases connected with serious social pathology in 

which foreign nationals are also directly or indirectly involved. 

Blic (daily), 6 May 2005 

Three cases recorded 

“(…) Serbia is the part of the world, including new communication technologies, which is 

accompanied with ‘the dark side’, i.e. high technology crime, including internet pedophilia. 

Three cases have been reported in our country so far, two of which ended with convictions 

at the first instance trial. Jugoslav Stefanović from Loznica, who was distributing child 

pornography over the Internet, but also engaged in prohibited sexual acts with underage 

girl, was sentenced to 12 years in prison, while another person from Šabac was sentenced to 

three years in prison for the distribution of child pornography” – says Stamenković. 

Glas javnosti (daily), Saturday 10 February 2007 

§ 452. During 2009-2010, Target Centre for Prevention of Deviant Behaviour in Young 

People from Novi Sad carried out a survey “Abuse of the Internet – Violence and Abuse 

through the Internet” in which over 200 schools on the territory of Vojvodina participated. 

Educational forums were organized with children and parents. 

Some of the findings 

• Do you know that some persons use a false name on the Internet and are you worried 

about that? 

162


› I do and I am worried - 40% 

› I do but that I am not worried – 55% 

› I do not know and I am not worried – 5% 

• Do you contact the persons on the internet whom you do not know in the real life? 

› Yes, often – 25% 

› Yes, rarely – 40% 

› Yes, whenever I get a chance – 10% 

› No - 25% 

• Do you know that “blind dates” with someone you “met” on the Internet end up as 

human trafficking? 

› This only happens abroad (Serbia does not have that problem) - 65% 

› Yes, I do (I’ve heard, I’ve read.....) – 25% 

› I do not think that way when I use the internet – 10% 

• Do you know someone in your environment who had a problem on the Internet and 

what was the problem? 

› No – 25% 

› Yes, in my school they created groups for some children – 35% 

› There are children in our school who steal profiles (they hack) – 25% 

› False prize games – 15% 

§ 453. In 2009, the Ministry of Telecommunications and Information Society carried out a 

research, and then started a website about safe usage of the internet within the campaign 

Click Safely. The research was carried out in 16 towns in Serbia, covering a sample of 509 

elementary and secondary school pupils. 

According to the results of the research, children spend little time on the Internet and this is 

usually not quality time. The Internet is most often used for fun, mainly chat (14 percent), 

watching videos (16 percent), while 12 percent of pupils surf the internet without a previous 

plan. When it comes to the entertaining content, in the first place there is visiting the popular 

social networks such as Facebook, on which 73 percent of the respondents have an open 

account, while 21 percent of them have an open account on the other popular social network, 

MySpace. Besides updating their account on social networks (18 percent) and playing games 

(16 percent), a lesser number of the respondents said that they use the internet when 

they want to find out more about a certain matter (16 percent). A large number of the 

respondents, 31 percent of them, said that their parents do not know what they do on the 

Internet. Interestingly enough, no less than 12 percent of the pupils in Serbia has their parents 

in the list of their friends on Facebook. The fact that on the Internet children are exposed to 

risky behaviour, as well as in the real life, is confirmed by the fact that 31 percent of them 

met in person someone they met for the first time on the Internet. Although 85 percent of 


ARTICLES 1-5 

the respondents said that they never experienced any inconvenience on the global network, 

the rest 15 percent listed harassment, defamation, false representations and “older persons 

coming on to them” as the most frequent inconveniences they experienced on the internet. 

31% of the pupils met in person someone they met for the first time on the internet 

57% of the pupils spend less than 5 hours per week on the Internet 

21% of the pupils do not have internet at home 

15% of the pupils experienced inconvenience on the Internet 

34% of the pupils chat with strangers 

31% of the pupils stated that their parents do not know what they do on the Internet 

http://www.kliknibezbedno.rs/ 

III.2.2.16. ”Missing Babies“ Case 

§ 454. Although not directly connected with the exploitation of children, we should 

certainly mention here that in the course of 2000, Serbia was shaken by a scandal 

involving potential child trafficking, the so called “missing babies” case, Namely, parents 

who were told that their children died at birth, particularly in the period 1970-1990, were 

suspicious of these deaths. Dozens of these parents are now looking to find out whether 

their children have really died or whether they were taken from them illegally and now, 

without knowing, live with different families and, possibly, in other countries. According 

to the Public Prosecutor’s Office, a total of 764 reports were received (539 rejected, of 

which 383 due to statutory limitation and 147 for other reasons). No criminal charges 

have raised until today. 333 

§ 455. Incomplete documentation - discharge papers, non-existing or incomplete birth and 

death certificates and unclear or lacking official stamps on doctors’ reports, etc. – raised 

the parents’ suspicion of the possible misconduct of hospital staff. Until now, none of these 

cases was prosecuted – investigations have been made, but not one indictment has been 

issued. This generated strong public pressure, including the media, NGOs and individuals, 

for this matter to be seriously investigated where possible. The representatives of the 

parents have expressed, several times, their discontent with the work of state institutions 

and demanded that the truth be found. They have stated that the documentation in 

hospitals is in “chaos” and requested a state commission to be formed that would consist 

of doctors, lawyers, MPs and the representatives of the Ministry of Internal Affairs. 334 

§ 456. Under this pressure, on 23 May 2005 the National Assembly of Serbia decided to 

set up an Inquiry Commission that would establish the truth regarding the newborns who 

disappeared from maternity wards in several Serbian towns. 335 

§ 457. The law and practice of childbirth registration are very problematic and need to be 

333 

Ristović M., Trgovina bebama u Srbiji – rođeni da nestanu, Miša Ristović, Niš 2006. 

334 

Brkić M. [et. al.], Prava deteta u Srbiji 1996-2002, Centar za prava deteta, Beograd 2003. 

335 


164


corrected. A special problem exists with newborns that died after birth as the law does 

not explicitly envisage an obligation to identify and register such newborns, but only to 

register the information given thereby to the mothers. There is also no legal obligation 

on the part of the health-care system to let mothers identify their newborns before their 

burial, although they are the only ones able to do that. Such practice is, clearly, in collision 

with the Serbian Regulation on the methods and procedures for determination of time 

and cause of death, for autopsy and for procedures concerning dissected parts of body 336 . 

According to Article 7 of this Regulation, when accepting the body of a deceased person 

to a health-care institution for burial, an identity check has to be done, without exception. 

The current regulations lack provisions concerning the obligation of burial of stillborns and 

newborns that died immediately after birth in health-care institutions. Hence, it is implied 

that the bodies of such children shall remain in the health-care institutions, which is also 

the procedure applied in practice. Cases of this kind could only be resolved by official court 

investigation, but the situation itself could be prevented if births and deaths were recorded 

in a different way and if there were no gaps in the legal system and regulation.” 337 

§ 458. On July 14, 2006, the National Assembly of Serbia finished its extra session, started on 

June 5, by adopting the report made by the Inquiry Commission formed to establish the truth 

about newborns who had disappeared from maternity wards in several Serbian towns. As the 

Chairman of the Assembly Predrag Marković stressed, this was the first time in the history of 

parliamentarism in Serbia that the Report of the Inquiry Commission was adopted. 338 

§ 459. The conclusion of the Inquiry Commission’s report 339 contains suggested measures 

to be taken, including the following: 

• The work of the Interior Ministry, public prosecutor’s offices and the judiciary should 

be unblocked; 

• The Interior Minister should set up a specialized unit that would carefully investigate 

all cases reported by suspicious parents. The Minister should notify the Commission 

of these activities within three months; 

• The Special Belgrade District Court’s Department for Organized Crime should take 

over the jurisdiction for all missing babies’ cases; 

• The legislation should be amended in order to prevent the statutes of limitation in 

these cases and thus unblock the judiciary and public prosecutor’s offices. 

• Prevention measures should be taken so that such places would not repeat in future. 

§ 460. We do not know whether any of the measures proposed in the Inquiry Commission’s 

Report have been carried out in practice yet. 

336 


337 

Alternative report on the International Covenant on Economic, Social and Cultural Rights for Serbia, Child Rights Center, ASTRA, Belgrade Center for 

Human Rights and Group 484, 2005. 

338 

Ristović M., (2006), op.cit. 

339 

Republika Srbija - Narodna Skupština, 01 Broj: 02-445/05, 20.02.2006. godine. 


ARTICLE 6 

Janković sent the report about the case of “missing babies” to the parliament 

Tanjug – Ombudsman Saša Janković stated today that he sent the report about the 

case of the so-called “missing babies” to the Serbian Parliament, after the procedure he 

conducted based on the complaints of the parents. 

As noted, after several months of research which included several ministries, local 

authorities and health and other institutions, the Ombudsman found that a series of 

administrative procedures related to babies, that is, their bodies, were not respected, or 

did not exist, although they were necessary. 

The Ombudsman also found that the individual authorities, organizations and officials 

had an irresponsible attitude towards the documentation, that there was an inhumane, 

bureaucratic relationship of certain public officials with the members of the families, 

but that because of all shortcomings in the documentation and the passage of time, it 

cannot be estimated whether someone took advantage of the officials’ negligence and 

irresponsibility and illegally separated some babies from their families. 

Janković pointed to the fact that even today there are some imperfections in the 

procedures and gave recommendations in his report in order to promptly correct them, 

and with them also to avoid the possibility that “there happens a new unpredictable case 

of missing babies”. 

The Ombudsman referred the recommendations to the Ministries of Health and the 

Interior, as well as the Ministry for Public Administration and Local Self Government. 

The Ombudsman also estimated that adopting a new law could contribute to determining 

the final truth in these cases, the statement said. 

Blic, 3 August 2010 

http://www.blic.rs/Vesti/Drustvo/201242/Jankovic-poslao-skupstini-izvestaj-o-slucajunestalih-beba 

§ 461. Recommendation no. 52. of Concluding Observations of the Committee on 

Economic, Social and Cultural Rights 340 : ”The Committee urges the State Party, in 

addition to the recent legislative measures to combat trafficking in persons, to prosecute 

and punish perpetrators and corrupted law enforcement officials involved in trafficking, 

to provide medical, psychological and legal support to victims, to raise awareness about 

the dimension of the crime among law enforcement officials, and to include updated 

statistical data on the number of victims, perpetrators, convictions and the type of 

sanctions imposed in its next report. The Committee also encourages the State party to 

proceed with the adoption of a National Plan of Action on trafficking in Serbia.” 

340 

Committee on Economic, Social and Cultural Rights, Thirty-fourth session, 25 April – 13 May 2005, Consideration of reports submitted by states 

parties under articles 16 and 17 of the covenant Serbia and Montenegro. 

166


III.3.Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially 

Women and Children, Article 6 – Assistance to and protection of victims of 

trafficking in persons 

CoE Convention on Action against Trafficking in Human Beings, Article 10 

– Identification of the victims, Article 12 - Assistance to victims, Article 13 - 

Recovery and reflection period, Article 15 – Compensation and legal redress and 

Article 27 - Ex parte and ex officio applications 


Article 6 

Assistance to and protection of victims of trafficking in persons 

1. In appropriate cases and to the extent possible under its domestic law, each State Party 

shall protect the privacy and identity of victims of trafficking in persons, including, inter 

alia, by making legal proceedings relating to such trafficking confidential. 

2. Each State Party shall ensure that its domestic legal or administrative system contains 

measures that provide to victims of trafficking in persons, in appropriate cases: 

a. Information on relevant court and administrative proceedings; 

b. Assistance to enable their views and concerns to be presented and considered at 

appropriate stages of criminal proceedings against offenders, in a manner not 

prejudicial to the rights of the defense. 

3. Each State Party shall consider implementing measures to provide for the physical, 

psychological and social recovery of victims of trafficking in persons, including, in 

appropriate cases, in cooperation with non-governmental organizations, other relevant 

organizations and other elements of civil society, and, in particular, the provision of: 

a. Appropriate housing; 

b. Counseling and information, in particular as regards their legal rights, in a language that 

the victims of trafficking in persons can understand; 

c. Medical, psychological and material assistance; and 

d. Employment, educational and training opportunities. 

4. Each State Party shall take into account, in applying the provisions of this article, the age, 

gender and special needs of victims of trafficking in persons, in particular the special needs 

of children, including appropriate housing, education and care. 

5. Each State Party shall endeavor to provide for the physical safety of victims of trafficking in 

persons while they are within its territory. 

6. Each State Party shall ensure that its domestic legal system contains measures that 

offer victims of trafficking in persons the possibility of obtaining compensation for 

damage suffered. 


ARTICLE 6 

CoE 

Article 10 

Identification of the victims 

1. Each Party shall provide its competent authorities with persons who are trained and qualified 

in preventing and combating trafficking in human beings, in identifying and helping 

victims, including children, and shall ensure that the different authorities collaborate with 

each other as well as with relevant support organisations, so that victims can be identified 

in a procedure duly taking into account the special situation of women and child victims 

and, in appropriate cases, issued with residence permits under the conditions provided for 

in Article 14 of the present Convention. 

2. Each Party shall adopt such legislative or other measures as may be necessary to 

identify victims as appropriate in collaboration with other Parties and relevant support 

organisations. Each Party shall ensure that, if the competent authorities have reasonable 

grounds to believe that a person has been victim of trafficking in human beings, that 

person shall not be removed from its territory until the identification process as victim 

of an offence provided for in Article 18 of this Convention has been completed by the 

competent authorities and shall likewise ensure that that person receives the assistance 

provided for in Article 12, paragraphs 1 and 2. 

3. When the age of the victim is uncertain and there are reasons to believe that the victim is 

a child, he or she shall be presumed to be a child and shall be accorded special protection 

measures pending verification of his/her age. 

4. As soon as an unaccompanied child is identified as a victim, each Party shall: 

a. provide for representation of the child by a legal guardian, organisation or authority 

which shall act in the best interests of that child; 

b. take the necessary steps to establish his/her identity and nationality; 

c. make every effort to locate his/her family when this is in the best interests of the child. 

CoE 

Article 12 

Assistance to victims 

1. Each Party shall adopt such legislative or other measures as may be necessary to assist victims 

in their physical, psychological and social recovery. Such assistance shall include at least: 

a. standards of living capable of ensuring their subsistence, through such measures as: 

appropriate and secure accommodation, psychological and material assistance; 

b. access to emergency medical treatment; 

c. translation and interpretation services, when appropriate; 

d. counselling and information, in particular as regards their legal rights and the services 

available to them, in a language that they can understand; 

168


e. assistance to enable their rights and interests to be presented and considered at 

appropriate stages of criminal proceedings against offenders; 

f. access to education for children. 

2. Each Party shall take due account of the victim’s safety and protection needs. 

3. In addition, each Party shall provide necessary medical or other assistance to victims 

lawfully resident within its territory who do not have adequate resources and need such 

help. 

4. Each Party shall adopt the rules under which victims lawfully resident within its territory 

shall be authorised to have access to the labour market, to vocational training and 

education. 

5. Each Party shall take measures, where appropriate and under the conditions provided for 

by its internal law, to co-operate with non-governmental organisations, other relevant 

organisations or other elements of civil society engaged in assistance to victims. 

6. Each Party shall adopt such legislative or other measures as may be necessary to ensure 

that assistance to a victim is not made conditional on his or her willingness to act as 

a witness. 

7. For the implementation of the provisions set out in this article, each Party shall ensure 

that services are provided on a consensual and informed basis, taking due account of the 

special needs of persons in a vulnerable position and the rights of children in terms of 

accommodation, education and appropriate health care. 

CoE 

Article 13 

Reciovery and Reflection period 

1. Each Party shall provide in its internal law a recovery and reflection period of at least 

30 days, when there are reasonable grounds to believe that the person concerned is a 

victim. Such a period shall be sufficient for the person concerned to recover and escape 

the influence of traffickers and/or to take an informed decision on cooperating with the 

competent authorities. During this period it shall not be possible to enforce any expulsion 

order against him or her. This provision is without prejudice to the activities carried out 

by the competent authorities in all phases of the relevant national proceedings, and in 

particular when investigating and prosecuting the offences concerned. During this period, 

the Parties shall authorise the persons concerned to stay in their territory. 

2. During this period, the persons referred to in paragraph 1 of this Article shall be entitled to 

the measures contained in Article 12, paragraphs 1 and 2. 

3. The Parties are not bound to observe this period if grounds of public order prevent it or if it 

is found that victim status is being claimed improperly. 


ARTICLE 6 

CoE 

Article 15 

Compensation and legal redress 

1. Each Party shall ensure that victims have access, as from their first contact with the 

competent authorities, to information on relevant judicial and administrative proceedings 

in a language which they can understand. 

2. Each Party shall provide, in its internal law, for the right to legal assistance and to free legal 

aid for victims under the conditions provided by its internal law. 

3. Each Party shall provide, in its internal law, for the right of victims to compensation from 

the perpetrators. 

4. Each Party shall adopt such legislative or other measures as may be necessary to guarantee 

compensation for victims in accordance with the conditions under its internal law, for 

instance through the establishment of a fund for victim compensation or measures or 

programmes aimed at social assistance and social integration of victims, which could be 

funded by the assets resulting from the application of measures provided in Article 23. 

CoE 

Article 27 

Ex parte and ex officio applications 

1. Each Party shall ensure that investigations into or prosecution of offences established in 

accordance with this Convention shall not be dependent upon the report or accusation 

made by a victim, at least when the offence was committed in whole or in part on its territory. 

2. Each Party shall ensure that victims of an offence in the territory of a Party other than the 

one where they reside may make a complaint before the competent authorities of their 

State of residence. The competent authority to which the complaint is made, insofar as 

it does not itself have competence in this respect, shall transmit it without delay to the 

competent authority of the Party in the territory in which the offence was committed. The 

complaint shall be dealt with in accordance with the internal law of the Party in which the 

offence was committed. 

3. Each Party shall ensure, by means of legislative or other measures, in accordance with 

the conditions provided for by its internal law, to any group, foundation, association or 

non-governmental organisations which aims at fighting trafficking in human beings or 

protection of human rights, the possibility to assist and/or support the victim with his or 

her consent during criminal proceedings concerning the offence established in accordance 

with Article 18 of this Convention. 

III.3.1. Legal Analysis 

§ 462. Palermo Protocol and CoE Convention discuss in detail the issues of assistance to the 

victims of human trafficking and their protection. In the following part of this Report, we 

170


will deal with the compatibility of domestic legislation with the standards of the mentioned 

international documents which refer to the protection of the victim’s identity and privacy, 

participating and protection of the victim in the course of criminal proceedings, measures of 

support as to alleviate the suffering and damage the victims have suffered, help in recovery 

and rehabilitation, counseling and informing the victim about his/her rights, medical help, 

employment, educational and training opportunities, children’s special needs, physical safety 

of the victims as well as the possibilities of receiving a compensation for damage suffered. 

III.3.1.1. Protection of Victim’s Identity and Privacy 

§ 463. Article 6 (1) of the Protocol and Article 30 of the CoE Convention impose 

obligation on States Parties to protect the privacy and identity of victims, particularly in 

the course of judicial proceedings. Satisfactory measures to meet this obligation include 

conducting the criminal proceedings, together with excluding members of the public or 

representatives of the media or imposing limits on the publication of specific information, 

such as details that would permit identification of the victim 341 . 

§ 464. The protection of individual’s privacy interests in the course of judicial proceedings 

has been given a rank of the constitutional guarantee. On this account, Article 32 (3) of 

the Serbian Constitution, which secures the right to fair trial, proclaims the following: The 

press and public may be excluded from all or part of the court proceedings only in the interest 

of protecting national security, public order and morals in a democratic society, interests of 

juveniles or the protection of private life of the parties, in accordance with the law. 

§ 465. The Criminal Procedure Act (CPA) 342 also recognizes the need to protect privacy 

interests of the parties and other participants in the criminal proceedings. The Act does 

not specifically refer to trafficking victims, but its provisions on the protection of privacy 

and identity of persons participating in the criminal proceedings are directly applicable in 

case of trafficking victims. 

§ 466. Although, in principle, the trial is open to the public, the panel may at any time, by 

virtue of the office or on the motion of the parties, exclude the public from the whole or 

part of the trial if this is necessary, inter alia: 

• to protect minors and 

• to protect the private life of the participants in the proceedings or when the court 

considers this necessary in light of the special circumstances because of which the 

public may hurt the interests of justice {see Article 292 CPA}. 

§ 467. In addition, the presiding judge of the panel must instruct persons attending a trial 

in camera that they are bound to keep information presented at the trial confidential and 

that the failure to do so is a criminal offence {see Article 293 (3) CPA}. 

341 

See Legislative Guides For The Implementation of The United Nations Conventions against Transnational Organized Crime and The Protocols 

Thereto, supra note 12, p.. 283. 

342 

Official Journal of FRY, no. 70/01, 68/02, Official Gazette of RS, no. 58/04, 85/05 – other law, 85/05, 115/05, 49/07, 20/09 – other law, 72/09, 

76/10. 


ARTICLE 6 

§ 468. For the purpose of this Report, it is important to have a look at special provisions 

of the Criminal Procedure Act regarding the examination of the injured persons, witnesses 

and special witnesses. Before analyzing these provisions, the reader should know that, 

according to the Criminal Procedure Act, persons who are likely to furnish information 

regarding the criminal offence, the perpetrator and other relevant circumstances shall 

be summoned as witnesses (see Article 96 CPA). This also includes the possibility to 

summon victims of trafficking as witnesses. 

§ 469. Recent amendments and supplements to the Criminal Procedure Act from 

2009 deal in more detail with the institution of the special witness: when there are 

circumstances indicating that the witness’ life or the life of the persons close to him/her 

may be in danger, as well as their body, health, freedom, or property of large scale, and 

especially when criminal acts of organized crime, corruption and other very grave criminal 

acts are in question, the court may decide to provide the witness with special protection 

measures {see Article 109a (1) CPA}. Special witness protection measures encompass 

examination of witnesses under the conditions and in a way that ensures that his/her 

identity will not be discovered as well as measures of physical security of the witness in 

the course of the proceedings and particularly: 

• in camera trial, 

• concealing witness’ appearance and 

• examination in a separate room with the changes in voice and appearance of the 

witness by using technical devices for the transmission of sound and image {see 

Article 109a (2) and Article 109g (3) CPA}. 

§ 470. The court is obligated to inform the parties and the witness confidentially about the 

date, hour and place of the witness’ examination by using a special order, which presents 

an official secret {see Article 109g (1) CPA}. Before the beginning of the examination, the 

witness is informed that he/she will be examined using the measures of special protection, 

what these measures are and that his/her identity will be discovered to no one except the 

judges who decide on the subject, and one month before the trial to the parties and attorney 

{see Article 109g (2) CPA}. Additionally, the data about the witness’ identity, the identity 

of the persons close to him/her and other circumstances that may lead to discovering their 

identities, will be put in a special envelope, sealed and entrusted for safekeeping to the 

Witness Protection Unit by the investigative judge, that is, the panel. The sealed envelope 

can only be opened by the second instance panel that decides on the appeal against the 

judgment. The envelope will contain the date and hour of the opening and the names of 

the panel members familiar with the content of the data, after which the envelope will be 

sealed again and returned to the Witness Protection Unit {see Article 109g (4) CPA). 

§ 471. Finally, the court must instruct all persons attending the special witness examination 

that they are bound to keep information about him/her or people close to him/her, their 

172


domicile, place of residence, relocating, bringing, keeping, place and manner of examining 

the witness, presented at the trial confidential and that the failure to do so is a criminal 

offence (see Article 109đ CPA). 

§ 472. For the purpose of this report, we also find important to stress that a juvenile shall 

always be tried in camera and that no one can make public information regarding juvenile 

proceedings or decisions delivered in such proceedings, without court permission. In any 

event, even if the court gives permission to open to public certain information regarding 

juvenile proceedings, the name of the juvenile or other data regarding his/her identity 

cannot be disclosed (Article 55 of the Juvenile Offenders and Juvenile Justice Act 343 ). 

§ 473. Apart from the Criminal Procedure Act, the Police Act 344 imposes obligation to police 

officers to keep confidential the identity of a person who furnishes information regarding 

the criminal offence or the perpetrator – identity data are considered confidential and 

they can be used only in accordance with the procedure envisaged by the law (Article 74 

of the Police Act). 

§ 474. Considering the mentioned legislative solutions, we are of opinion that at the 

legislative level, Serbia has met the obligations proscribed by the mentioned international 

standards which require from States Parties to protect privacy and identity of the victims 

of trafficking. In practice, however, these legislative rules are often violated due to 

negligence or unprofessional media reporting. We expect that the Law on the Protection 

of Personal Data 345 and its implementation will effectively prevent such occurrences. 

III.3.1.2. Participation of Victims in Proceedings 

§ 475. States Parties’ basic obligation to ensure that victims of human trafficking are 

permitted an opportunity to participate in judicial proceedings is set out in Article 25 (3) 

of the UN Convention and then practically reaffirmed in Article 6 (2) of the Protocol. This 

mandatory obligation applies to all offences covered by the UN Convention, which includes 

the offence of trafficking covered by the Protocol. This obligation is also discussed in Article 

27 of the CoE Convention. The requirement has been respected in the Serbian legal system. 

What follows are closer details on the implementation of the legislative solutions. 

§ 476. Victims of trafficking offences are allowed to present their views and concerns in 

the course of criminal proceedings. 346 They can do it prior to the final determination of the 

guilt – either in the course of investigation and/or at the trial. Note that in the Serbian legal 

system it is not possible, like in some other countries, for the victim to give a statement 

about the impact of the offence after the conviction, but prior to the passing of the sentence. 

Rules concerning criminal proceedings do not allow that. Namely, after having announced 

343 


344 


345 


346 

In the Criminal Procedure Act, the term “victim” is not used, but the term “injured person”. Injured person is a person whose personal or property 

right has been violated or infringed in the criminal act. The injured person is, in most cases, the victim of a criminal act. 


ARTICLE 6 

that the trial is closed, the panel shall retire for deliberation and voting for the purpose of 

rendering a judgment {See Article 348 (3) CPA}. The court founds its judgment only on 

evidence presented at the trial {see Article 352 (1) CPA}. If it finds that the accused is guilty, 

it will deliver a judgment of conviction in which the court will state, inter alia, the offence 

for which the accused is found guilty of and the decision on the sentence (see Article 356 

CPA). Thus, no further statements are possible to be given once the trial is closed. 

§ 477. Now, pending investigation, the victim is entitled to call attention to all facts 

and to present evidence important for the criminal case {see Article 60 (1) CPA}. At the 

trial, the victim is entitled to present evidence, to examine the accused, witnesses and 

expert witnesses and to comment and clarify their statements, as well as to give other 

statements and make other motions {see Article 60 (2) CPA}. The victim is also entitled 

to inspect files and objects which are evidence {see Article 60 (3) CPA}. The authority 

that conducts the proceedings must inform the victim about these procedural rights {see 

Article 60 (4) CPA}. 

§ 478. In addition, victims of trafficking in human beings can express their views on the offence 

once they are summoned as ordinary witnesses or have been given the status of special 

witnesses. In most cases, given the fact that they fall within the group of especially vulnerable 

witnesses, they will be examined under the special evidentiary rules. (see § 469-472). 

§ 479. Finally, victims of trafficking are entitled to have assistance in presenting their views in 

the course of criminal proceedings. Thus, according to Article 67 of the Serbian Constitution, 

everyone is entitled to legal assistance under conditions prescribed by the law. Legal 

assistance is provided by legal professionals, as an independent and autonomous service, 

and offices established within the local self-government. The Constitution refers to law 

when it comes to conditions for providing free legal aid {Article 67 (3) of the Constitution}. 

§ 480. If the victim is a minor or a person declared incapable of performing legal acts, his/ 

her legal guardian is authorized to give all statements and perform all actions to which 

the victim is entitled. Yet, the victim who is a minor of sixteen years of age or more may 

herself/himself give statements and undertake procedural actions (see Article 65 CPA). 

§ 481. Adult victims are entitled to appoint their representatives to exercise their 

procedural rights {see Article 66 (1) CPA}. If, however, the victim assumes the prosecution 

from public prosecutor for a trafficking offence punishable by imprisonment for a term 

of more than five years, the court may assign a legal representative to her/him if this is 

to the benefit of the proceedings and if the victim, due to her/his financial situation, has 

insufficient means to pay for the legal representation {see Article 66 (2) CPA}. 

§ 482. As shown earlier by this analysis, victims of trafficking are given possibility to 

express their views and concerns in the criminal proceedings conducted in regard with 

trafficking offences established in the Serbian Criminal Code in accordance with the 

obligations set forth in the Protocol. 

174


III.3.1.3. Assistance and Protection of Victims 

§ 483. Article 6 (3) of the Palermo Protocol, as well as Article 12 of the CoE Convention 

recommend States Parties an extensive list of support measures to be adopted with an 

aim to reduce the suffering and harm caused to victims and to assist in their recovery and 

rehabilitation. To implement these measures, generally, legislation will not be needed, 

except to the extent that it may be needed to ensure that the necessary resources are 

allocated and that officials are assigned and instructed to deal with victims 347 . Although 

the Protocol does not require legislation to regulate the activities of non-governmental 

organizations that deal with victims, the adoption of legislative measure in this respect 

can be of significant importance. Namely, it is well known that victims of trafficking 

will approach NGOs rather than state-based agencies and the viability of such services 

depends on their being as independent as possible from the State and on ensuring that 

potential victims know this. 

§ 484. As said before, the Republic of Serbia has not adopted a comprehensive act aimed 

at combating trafficking in human beings, which would include measures to ensure 

social assistance to trafficking victims and resources for their recovery. However, the 

Serbian Government adopted the Strategy to Combat Trafficking in Human Beings in 

the Republic of Serbia in December 2006 which, inter alia, anticipates different social 

and security measures to help the victims recover and (re)integrate into society. These 

measures are further defined in the Conclusion on the adoption of the National Plan 

of Action to Combat Trafficking in Human Beings for the period 2009-2011, which was 

adopted by the Serbian Government. 348 

§ 485. Additionally, the Law on Associations has recently been adopted, regulating the 

work of non-governmental organizations including those that offer help to the victims 

of human trafficking 349 . Moreover, the Constitution of the Republic of Serbia and several 

valid pieces of legislation include measures that indirectly secure social assistance and 

protection of the victims, in particular counseling and information regarding their legal 

rights, as well as medical, employment and educational assistance. 

III.3.1.3.1. Counseling and Information Regarding the Victim’s Legal Rights 

§ 486. As said before, the Serbian Constitution guarantees to everyone legal assistance 

under conditions prescribed by the law. Victims of trafficking are entitled to such 

assistance. As we have already emphasized, the authority conducting the proceedings 

must inform the victim about their procedural rights. 

§ 487. The Serbian Constitution also speaks about the right to information in one’s own 

language within the course of judicial proceedings. The right to information on reasons for 

347 

See Legislative Guides, supra note 12, p. 288. 

348 


349 



ARTICLE 6 

arrest and charge in a language which the person concerned understands, is guaranteed by 

Article 27 of the Constitution. In addition, everyone is entitled to the right to free assistance 

of an interpreter if the person does not speak or understand the language officially used in 

the court {Article 32 (2) of the Constitution}. The Criminal Procedure Act reaffirms these 

rights: it guarantees right to use their own language to all participants in the proceedings, 

including victims and witnesses {see Article 9 (2) CPA}. Interpretation costs shall be borne 

by the state authority, while the victim shall be informed about this right before the first 

hearing. The victim may waive the right to interpretation in the case he/she speaks and 

understands the official language of the proceedings {see Article 9 (3) CPA}. 

III.3.1.3.2. Medical Assistance 

§ 488. A meaningful assistance to victims of trafficking in human beings encompasses 

health care measures necessary for their physical and psychological recovery 350 . In most 

of the cases the necessary measures do not depend on the state’s discretionary powers – 

on the contrary we speak here about victim’s rights in the medical context. The purpose 

of this section of the Report is to provide a survey of the most basic patients’ rights 

applicable also to the victims of trafficking. 

§ 489. We start form the constitutional level: the Serbian Constitution, unlike many 

constitutions, guarantees social and economic rights, including the right to health care 

and the right to social assistance. While the right to health care has been recognized to 

everyone – without discrimination, the right to social protection is reserved only for Serbian 

nationals. More specifically, the right to protection of one’s mental and physical protection 

is guaranteed to everyone {Article 68 (1) of the Constitution}. Health care for children, 

pregnant women, mothers on maternity leave, single parents with children under seven years 

of age and elderly persons is provided from public revenues unless it is provided in some other 

manner in accordance with the law {Article 68 (2) of the Constitution}. It should be noted 

that the family, mother, single parent and child have been given special protection under 

the Constitution (Article 66 of the Constitution). While the forms of this protection are to 

be determined by a separate law, the Constitution makes clear that mothers shall be given 

special support and protection before and after childbirth {Article 66 (2) of the Constitution}. 

§ 490. The Health Care Act 351 of 2005 stipulates concrete conditions upon which foreign 

nationals can exercise the right to health care and provides for an extensive list of the 

patients’ rights. Among them, particular attention should be given to victim’s right to 

emergency medical treatment, right to medical assistance and right to informed consent. 

§ 491. The right to emergency medical care in the Serbian Health Care Act has not been 

envisaged as an individual right, which - when made operational - can be made enforceable 

on behalf of an individual patient, but primarily as the societal obligation of the state and 

350 

Article 6 (3) (c) of the Palermo Protocol and Article 12 (1) (b) and (3) of the CoE Convention. 

351 


176


private health care institutions. Thus, the Health Care Act, in several articles, obliges state 

and private health care institutions to provide emergency medical treatment without 

specifying beneficiaries who qualify for such medical treatment (see Articles 88, 95, 102, 

105 HCA). However, it is obvious that everyone is entitled to receive emergency medical 

care because Article 18 (7) of this Act ensures that the Republic of Serbia provides such 

treatment to persons whose residence is unknown, while Article 240 explicitly regulates 

that state and private institutions are obliged to provide emergency medical treatment to 

a foreign national. The Act makes clear that health care providers cannot refuse to provide 

emergency medical care based on the conscientious objection (Article 171 HCA). 

§ 492. As to the costs, Serbian citizens are entitled to a free emergency medical treatment, 

while the law makes some distinctions with regard to foreigners. The most important is 

that the law explicitly provides free emergency medical treatment if obtained in the state 

institutions for foreigners who are victims of trafficking in human beings {Article 241 (6) 

HCA}. The Act however does not refer explicitly to victims of trafficking in human beings 

in regard with the costs of emergency medical treatment obtained in private institutions. 

Yet, we assume that in such cases victims would be also exempted from the payment 

because Article 242 emphasizes that the costs of emergency medical treatment obtained 

in private health care institutions will be paid from the budget if a foreigner does not have 

necessary means to pay for the treatment. 

§ 493. It is important to mention that the Health Care Act takes human rights approach in 

regulating medical care and extends mandatory health protection to persons with special 

needs or persons who have been traditionally subjected to various kinds of discrimination. 

Thus, persons enjoying health care covered by compulsory health insurance or the budget 

(if they are not included in compulsory insurance schemes), include: 

• children up to 15 years of age or until the completion of their education; 

• students up to 26 years of age; 

• women, pregnant women and those in the first year of maternity leave; 

• elderly – persons older than 65; 

• persons with disabilities; 

• persons suffering from AIDS or some epidemical or serious diseases; 

• persons receiving social welfare benefits; 

• nuns and monks, and 

• members of the Roma minority without permanent or temporary residence in the 

Republic of Serbia due to their traditional way of life. 

§ 494. Special needs in health protection are not manifestly recognized to the victims 

of trafficking in human beings as in case of the above-mentioned group of citizens. 

Nevertheless, since usual victims are women and children, it seems that their right to free 

medical assistance is implied, at least when nationals or members of Roma community 


ARTICLE 6 

without permanent or temporary residence in Serbia are concerned. Paradoxically, 

the Health Care Act is much more specific when foreign nationals, who are victims of 

trafficking in human beings, are concerned, because it explicitly states that medical 

services encompassed by compulsory health insurance will be covered by the budget if 

they are provided to foreigners who are victims of trafficking in human beings. {See Article 

242 (1) and (6) HCA}. To avoid this paradoxical situation, we recommend to amend the 

law in the following way: 

A victim of trafficking in human beings, even without a required residence permit, has 

the right to health protection covered from public revenue. 

§ 495. Finally, the right to health protection secures to trafficked persons the following 

services covered by compulsory heath care insurance: 

• prevention and early diagnosis of illnesses; 

• medical examinations and treatments regarding family planning, pregnancy, child 

delivery and maternity; 

• specific dental services; 

• AIDS treatment and treatment of some other epidemical or serious diseases; 

• emergency medical and dental treatments; 

• medications and medical equipment and technical aids. 

§ 496. The last right that we want to emphasize here is the right to informed consent. 

Namely, it is increasingly recognized that patient’s consent to medical treatment has to 

be informed. According to the Health Care Act, everyone has the right to all types of 

information notwithstanding their state of health, medical service or manner in which 

they are using it, as well as to all information available on the basis of research and 

technological innovations. (Article 27 HCA). For the purpose of this Report, we want to 

emphasize that victims of trafficking in human beings enjoy the right to informed consent 

as any other patient in Serbia. Consider now the legal framework which is supposed to 

protect patients’ interests in information disclosure. 

§ 497. First, a patient must be timely informed on the following: diagnosis and prognosis, 

proposed medical service, its benefits, risks and outcomes, availability of alternative 

treatment, non-treatment risks, as well as of particular effects of medications. (Article 28 

HCA). Furthermore, the act envisages an exception from the obligation to inform the patient 

of the diagnosis if that would endanger patient’s health, but in that case, a relative of the 

patient must be informed of the diagnosis (Article 28 HCA). A patient can waive his/her right 

to information with the exception regarding the information about necessity of treatment, its 

potential risks, as well as the risks of non-treatment. Health care providers and professionals 

must use a language known to the patient or interpreter’s service, and communicate in a 

178


way that is comprehensible to persons without a medical background. Finally, a health care 

professional is obliged to enter into the medical documentation the fact that the patient has 

given an informed consent after being adequately informed (Article 28 HCA). 

§ 498. A patient has the right to decide freely about all matters concerning his/her health 

and life {Article 31 (1) HCA}. As a rule, no medical measures may be taken with respect 

to the patient without his/her consent. Exceptions pertain to the emergency treatment 

in circumstances in which the patient is unable to give his/her consent (including the 

impossibility of obtaining the timely consent of patient’s guardian or legal representative) 

(See Article 34 HCA). For other incompetent patients, the consent must be given by their 

parents or legal representative. A child older than 15, capable of making self-regarding 

decisions, may give consent by him/herself. The law requests that in all circumstances 

in which legal representative needs to give the informed consent, the patient, whether 

a minor or an adult unable to understand, must still be as involved as possible in the 

decisions regarding him/her. (Article 35 HCA). 

§ 499. The patient has the right to complain (Article 39 HCA) and the right to 

compensation (Article 40 HCA). The Health Care Act introduces the institution of a 

protector of patient’s rights, who is empowered to review patients’ complaints within 

the health institutions. A protector is independent in his/her work and must decide on 

a complaint within eight days. If the patient is dissatisfied with the decision, he/she may 

complain to the health inspectorate. 

§ 500. We would like to notify that, regrettably, the Health Care Act does not stipulate 

that health care services, providers and professionals have to provide patient-tailored 

information, particularly taking into account the religious or ethnic specificities of the 

patient. It does not request either that the information must be given with enough 

advance time (at least 24 hours notice) to enable the patient to actively participate in the 

therapeutic choices regarding his/her state of health. Moreover, it is highly questionable 

whether the statutory solution which enables consent to be given orally or even be 

presumed - is acceptable, or it significantly weakens the level of protection. 

III.3.1.3.3. Employment, Educational and Training Opportunities 

§ 501. When it comes to legislative measures adopted to provide for employment and 

educational opportunities to trafficked persons, one should note that there are few of them 

and neither refers directly to the victims of human trafficking 352 . Yet, the following measures 

may serve as starting points in providing meaningful assistance to victims of human trafficking. 

§ 502. To begin with the Constitution: it specifies that the right to work shall be 

guaranteed in accordance with the law {see Article 60 (1) of the Constitution}. The 2005 

Labor Act 353 specifies the conditions upon which citizens, foreign nationals and apatrides 

352 

Implementation of these measures is proscribed by Article 6 (3) (d) of the Palermo Protocol and Article 12 (4) of the CoE Convention. 

353 

Official Gazette of RS, no. 24/05, 61/05. 


ARTICLE 6 

could have access to the labor market. Note, however, that the highest Serbian law 

provides that all jobs shall be available to everyone under equal conditions {Article 60 

(3) of the Constitution}. Non-discrimination approach is also taken in regard with same 

basic working conditions: everyone is entitled to the right to respect of his/her person 

at work, safe and healthy working conditions, necessary protection at work, limited 

working hours, daily and weekly interval for rest, paid annual holiday, fair remuneration 

for work done and legal protection in case of termination of employment {Article 60 (4) 

of the Constitution}. Moreover, no person may forgo these rights {Article 60 (4) of the 

Constitution}. Especially vulnerable persons - women, young and disabled persons are 

entitled to special protection at work and special working conditions in accordance with 

the law {Article 60 (5) of the Constitution}. 

§ 503. The constitutionally protected right to work is further specified in the Labor Act and 

the Law on Employment and on Unemployment Insurance 354 . In principle, the Labor Act 

extends its protection to foreign nationals and persons without citizenship and prohibits 

any kind of discrimination regarding persons seeking an employment (See Article 20 LA). It 

also includes provisions protecting women, children, maternity and disabled persons. The 

conditions governing access to the labor market are regulated in the recently adopted Law 

on Employment and on Unemployment Insurance. A foreign national or an apatrides can 

register as an unemployed person if he/she has an approval of permanent or temporary 

residence and a valid work permit (see Article 85 (2)). The issues of employment, when this 

law is in question, also include the issuing of work permit to a foreigner and an apatrides 

(see Article 6 (5)). The National Employment Agency also keeps separate records about 

foreigners and apatrides, and the records about the unemployed cease to be maintained 

when the foreigner no longer has the approval for permanent or temporary residence (see 

Article 83 and 88 (8)). Apart from the standard clause which bans discrimination, this 

Law also guarantees gender equality at the labor market and a positive discrimination of 

persons who traditionally have more difficulty in employment (see Article 5). 

§ 504. The employment of foreign nationals is still regulated by an old and obsolete 

Act on Conditions for Employment of Foreign Nationals 355 . The National Employment 

Agency issues an opinion approving or rejecting the employment of foreign nationals. An 

employer who wants to employ a foreigner without residence permit or with a temporary 

residence permit is obliged to ask the National Employment Agency to issue an opinion 

related to the employment of such foreigners. 

§ 505. Legislative measures, which would explicitly secure victims of trafficking in human 

beings to have access to vocational training and education are notably missing. Namely, 

since recently, vocational training and professional education have been issues heavily 

treated in the Serbian legislation and in particular - in the Labor Act and the Law on 

354 

Official Gazette of RS, no. 71/03, 36/09. 

355 

Official Journal of SFRY, no. 11/79 and 64/89. 

180


Employment and on Unemployment Insurance. Yet, programs and measures envisaged in 

these acts do not extend to trafficking victims. We do not argue here that the legislature 

must recognize the victims’ right to vocational training and education, but adopt rules 

that should help them to (re)integrate into society and gain independence. In this sense, 

it is encouraging that the Conclusion on the adoption of the National Plan of Action to 

Combat Human Trafficking for the period 2009-2011 was adopted, since it particularly 

addresses this issue. 

III.3.1.4. Special Needs of Children 

§ 506. Article 6 (4) of the Protocol provides that each State Party, in considering measures 

to assist and protect victims of trafficking, shall take into account the special needs of 

child victims. The measures should include: 

• appointing a guardian to accompany the child throughout the entire process; 

• ensuring the child’s protection and protection of his/her legal rights and interests in 

the course of criminal proceedings; 

• providing appropriate shelters for child victims in order to avoid the risk of 

• revictimization; 

• establishing special recruitment practices and training programs for those dealing 

with child victims, and 

• ensuring that the child returns to his/her home country in a speedy and safe manner 

when it is established that repatriation is in the best interest of the child. 356 

§ 507. In Article 5 (5) the CoE Convention binds State Parties to take special measures 

in order to decrease the risk of children’s exposure to trafficking primarily by creating a 

climate suitable for children’s protection. This convention also binds the States to take 

necessary measures regarding the children identified as trafficking victims, especially 

with consideration to their education, appointing a guardian, etc. What follows is the 

discussion on these points in the context of the Serbian legal system. 

III.3.1.4.1. Special Needs of Children: Constitutionally Recognized Protection 

§ 508. There are two characteristics of the Serbian Constitution regarding the status 

of children: first, it guarantees a special protection to children and second, it is childrights 

oriented. Thus, the Constitution announces the special protection for the child. 

Additionally, it makes clear that the child is protected from psychological, physical, 

economic and any other form of exploitation or abuse {Article 64 (3) of the Constitution}. 

It also commits the state to provide special protection for children without parental care 

and mentally or physically challenged children {Article 66 (3) of the Constitution}. 

§ 509. In relation to the welfare of children, the Constitution forbids children younger than 

15 years of age to be employed and determines that children under 18 may not be employed 

356 

See Legislative Guides, supra note 12, p 289-291. 


ARTICLE 6 

at jobs detrimental to their health or morals {Article 66 (4) of the Constitution}. As to their 

education, it spells out that primary education is mandatory and free, whereas secondary 

education is free, but not mandatory {Article 71 (2) of the Constitution}. Next, it secures 

that health care for children, pregnant women, mothers on maternity leave, single parents 

with children under seven years of age is provided from public revenues unless it is provided 

in some other manner in accordance with the law {Article 68 (2) of the Constitution}. 

§ 510. With regard to criminal proceedings, the Constitution allows the press and public to be 

excluded from the trial if it is in the interests of juveniles {Article 32 (3) of the Constitution}. 

§ 511. As to more specific rights, the right to personal name, entry into the registry of 

births, the right to learn about its ancestry and the right to preserve his/her own identity 

has been expressly constitutionalized with regard to a child. Note that any child born in 

the Republic of Serbia shall have the right to citizenship of the Republic of Serbia unless 

conditions have been met to acquire citizenship of some other country {Article 38 (3) 

of the Constitution}. The above-mentioned rights are guaranteed to every child. The 

Constitution also equates a child born out of wedlock and a child born in wedlock: they 

are entitled to the same rights. 

§ 512. Finally, the Constitution refers to the parental rights and duties. It specifies that 

parents have the right and duty to support, provide upbringing and education to their 

children and that parents are equal in exercising these rights and duties {Article 65 (1) 

of the Constitution}. A person may be deprived of some or all parental rights or their 

parental rights may be limited only by the court decision if this is in the best interests of 

the child and in accordance with the law {Article 65 (2) of the Constitution}. 

§ 513. Notwithstanding the high level of the protection given by the Constitution itself, 

we regret to state that the Serbian Constitution still preserves a paternalistic approach 

with regard to the rights of the child. Namely, instead of recognizing that a child, by reason 

of his/her physical and mental immaturity, needs special safeguards and care, including 

appropriate legal protection, the Constitution determines that children shall enjoy human 

rights suitable to their age and mental maturity {Article 64 (1) of the Constitution}. This 

reversed state of affairs may downgrade a child-oriented policy in Serbia. Moreover, we 

conclude with regret that the principle entrenched in Article 3 of the UN Child Rights 

Convention, ensuring that in all actions concerning children, whether undertaken by 

public or private social welfare institutions, courts, administrative authorities or legislative 

bodies, the best interests of the child shall be a primary consideration, has not been given 

a status of the constitutional principle. 

§ 514. Note that the work on comprehensive law on children’s rights has been in progress, 

the proposer of which is to be the Ombudsman of the Republic of Serbia n 2010. The 

passing of such Law has been envisaged by the very Constitution. 

182


III.3.1.4.2. Guardian Protection 

§ 515. The Serbian authorities have ensured that the child victim is not left without an 

appropriate guardian protection. The Family Law 357 has reaffirmed the constitutional 

principle which obliges the state to undertake all necessary measures to protect the child 

from negligence, psychological, physical, emotional and any other form of exploitation or 

abuse (Article 6 FA). 

§ 516. Next, the Instruction to Police Officers in Treating Minors and Juveniles 358 issued 

by the Minister of the Interior, obliges the police officers to inform the Agency for 

Coordination of Protection of Trafficking Victims without delay that the minor or juvenile 

has been identified as a victim of trafficking in human beings or of any other exploitation 

offences, which will then undertake assistance and protective measures {See Point 12 (3) 

and Point 22 (3) of the Instruction}. 

§ 517. One of the anticipated measures is the appointing of a guardian. According to the 

Family Law, a temporary guardian must always be appointed to the child who is a foreign 

national when he/she is in the territory of the Republic of Serbia or to the child whose 

residence is unknown, providing that the child is without parental or guardian protection 

{See Article 131 (2) FA}. Apart from these conditions, a legal guardian may be appointed if 

it is in the best interest of the child {See Article 131 (1) FA}. 

§ 518. A temporary legal guardian is empowered to supervise and represent the child, 

secure him/her means of living and administer the child’s property {Article 135 (2) FA}. 

§ 519. Apart from the state, assistance may come from civil sector, as well. Although 

the Criminal Proceedings Code does not explicitly stipulate a possibility for NGOs, 

foundations, associations or groups to provide assistance or support to the victim, with 

her/his consent, during criminal proceedings, that possibility is never denied to the victim 

in practice if she/he has previously asked for assistance or support from such organization 

or group. In that respect, members of these associations and groups are allowed to 

accompany the victim during the proceedings, whereas in many cases, NGOs provide 

expert legal counseling and representation for the victims, including the child victims. 

III.3.1.4.3. Special Needs of Children in Judicial Proceedings 

§ 520. On several occasions in this Report, we have emphasized that the procedural laws 

have been drafted in a child-sensitive manner. Here, we will remind of legal solutions 

which confirm our observation. 

§ 521. As said, victims of trafficking offenses are able to present their views and concerns 

in the course of criminal proceedings. If the victim is a minor, his/her legal guardian is 

authorized to give all statements and perform all actions to which the victim is entitled. 

The minor needs to have a lawyer from the very beginning of the proceedings, i.e. from 

357 


358 

The Instruction 01 no. 4898/06 was issued on 1 May 2006. 


ARTICLE 6 

the first hearing of the suspects. Nevertheless, the victim who is a minor of sixteen years 

of age or more may herself/himself give statements and undertake procedural actions. 

§ 522. In most cases, given the fact that child victims of trafficking fall within the group 

of especially vulnerable witnesses, they will be examined under the special evidentiary. 

To remind, in such a case, it is possible to do the examination with assistance of a social 

worker or a psychologist and without the presence of parties and other participants in the 

proceedings. The law also allows excluding the public, in which case the identity data of 

the minor shall be kept confidential as a state secret. The identification procedure will be 

carried on in such manner that excludes confrontation of the minor with the defendant. 

§ 523. When taking actions to which the minor is a party, especially at his/her hearing, 

participants in the procedure are to act carefully, with special consideration to the minor’s 

maturity, other personal characteristics and protection of his/her privacy, so that the 

proceedings would not have negative effects on his/her development. 

III.3.1.4.4. Providing Shelters for Child Victims 

§ 524. The first thing to be noted is that in Serbia, there are no programs specially designed 

for the victims of child trafficking. The lack of specialized assistance and protection service 

for children represents a gap in the assistance framework in Serbia. Yet, it does not mean 

that the child victim is left with no accommodation whatsoever. 

§ 525. The legal foundation to accommodate child victims of trafficking in shelters in 

order to avoid their revictimization is a general provision of Article 28 (6) of the Law on 

Aliens 359 , which regulates the placement of trafficking victims in the country. Furthermore, 

the minor foreigner is placed in a shelter with his/her parent or other legal representative 

in case of persons impossible to be immediately removed under compulsion and persons 

whose identity has not been determined or not owning a travel document (Articles 51 

and 52 of the Law on Aliens). The minor foreigner is not allowed to return to his/her 

country of origin or third state ready to accept him/her until an adequate reception for 

him/her is provided (Article 52, Paragraph 2). 

§ 526. Note that if a child victim gets a status of a special witness, securing him/her a 

shelter is one of the protective measures envisaged in the Law on the Protection Program 

for Persons Participating in Criminal Proceedings (Article 14). 

§ 527. Finally, in the course of pre-trial proceedings, the juvenile judge may order a 

juvenile be placed in a shelter, educational or other similar institution, or to be placed 

under the supervision of a guardian authority or moved to another family, if it is necessary 

for a separation of the juvenile from the surroundings she/he lives in or works in, for 

the protection or housing of the juvenile (see Article 66 of the Juvenile Offenders and 

Juvenile Justice Act). 

§ 528. Practically speaking, we remind that the Agency for Coordination of Protection of 

359 


184


Trafficking Victims should coordinate assistance and protection of trafficked persons in 

Serbia, as well as make the first evaluation of a potential victim and her/his needs. This 

includes placement in shelters or other safe accommodation facilities. 

III.3.1.4.5. Special Recruitment Practices and Training Programs 

§ 529. In order to ensure that individuals responsible for the care and protection of child 

victims understand their needs, are gender-sensitive and possess the necessary skills both 

to assist children and to ensure that their rights are safeguarded, the Serbian legislature 

has established that new special practices of mandatory and additional training for such 

officials should be undertaken on the regular basis. 

§ 530. Special recruitment practices are envisaged in the laws related to professionals 

whose actions can produce particularly sensitive outcomes when implemented towards 

children. Thus, the Police Act provides that as a rule, in cases involving children and 

juveniles, only police officers specially trained for work with juveniles can implement 

police measures towards minors and children {See Article 38 (1) of the Police Act}. 

Exceptions are allowed only in cases when it is impossible to secure the presence of police 

officers trained and authorized to deal with juveniles {Article 38 (2) of the Police Act}. 

In addition, except in urgent cases, police measures can be implemented against minors 

only in presence of their parents or legal guardians {Article 38 (3) of the Police Act}. In 

any case, if it is not possible to secure the presence of parents or legal guardians, police 

officers must secure presence of a person trained to work with juveniles, who is not a 

police employee or involved in the case {Article 38 (5) of the Police Act}. 

§ 531. Additional requirements with regard to police officers are designed in the Instruction 

to Police Officers in Treating Minors and Juveniles issued by the Minister of the Interior. The 

Instruction requires that only public officials trained in the field of child rights and juvenile 

justice can act in cases involving minors and juveniles (see points 7 and 16 of the Instruction). 

The Police Act also sets forth mandatory trainings for police officers (Article 153). 

§ 532. Note that on the legislative level there are special recruitment practices envisaged 

in the Juvenile Offenders and Juvenile Justice Act as well as in the Family Act. The former 

says that a juvenile judge as well as judges of the juvenile panel must be persons trained 

in the field of the rights of the child and juvenile delinquency, while lay judges shall 

be elected among professors, teachers, tutors and other persons trained in juvenile 

education (Article 44 of the Juvenile Offenders and Juvenile Justice Act). In Article 126, 

The Family Act lays down special conditions under which persons may be appointed as 

legal guardians. 

§ 533. Finally, as it can be presupposed, special recruitment practices and training programs 

are envisaged in legislation in the area of education. You can learn more about training 

programs implemented so far in the chapter analyzing Article 10 of the Palermo Protocol. 


ARTICLE 6 

III.3.1.4.6. Ensuring a Speedy and Safe Repatriation 

§ 534. Finally, with regard to children’s special needs in cases where child victims are 

involved, the Palermo Protocol and the CoE Convention invite legislators of State Parties 

to consider that such children do not return to their home countries unless doing so is in 

their best interest and, prior to the return, a suitable caregiver such as a parent, another 

relative, some other adult caregiver, a government agency or a childcare agency in the 

country of origin has agreed and is able to take responsibility for the child and to provide 

him/her with appropriate care and protection. In those cases where return is voluntary or 

in the best interest of the child, each State Party is encouraged to ensure that the child 

returns to his/her home country in a speedy and safe manner. 360 

§ 535. The repatriation issue of child victims to human trafficking has been analyzed in the part 

dealing with harmonization of the RS legislation to the requirements in Article 8 of the Protocol 

and Article 16 of the CoE Convention referring to repatriation of trafficking victims in general. 

III.3.1.5. Physical Safety of Victims 

§ 536. Article 6 (5) of the Palermo Protocol and Article 28 of the CoE Convention set forth 

the requirement for State Parties to adopt measures needed to secure physical safety of 

trafficking victims. 

§ 537. One of the main requirements of the police authorities is to provide physical safety 

to all notwithstanding their nationality, gender, legal status etc. This requirement has been 

regulated by the police legislation, including the Police Act, the Instruction to Police Officers 

in Treating Minors and Juveniles and the Juvenile Offenders and Juvenile Justice Act. 

§ 538. Thus, in this respect, the Republic of Serbia fulfils the requirements arising from the 

international documents stated herein. 

III.3.1.6. Possibility of Obtaining Compensation 

§ 539. One of the mandatory requirements set forth in Article 6 of the Palermo Protocol 

relates to the requirement to State Party to ensure that its legal system contains measures 

that allow trafficking victims the opportunity to seek compensation for the damages 

suffered. State Party can meet such obligation by adopting: 

a. Provisions allowing victims to sue offenders or others under statutory or commonlaw 

torts for civil damages; or 

b. Provisions allowing criminal courts to award criminal damages (that is, to order that 

compensation be paid by offenders to victims) or to impose orders for compensation 

or restitution against persons convicted of offences; or 

c. Provisions establishing dedicated funds or schemes whereby victims can claim 

compensation from the State for injuries or damages suffered as a result of a 

criminal offence. 

360 

See Legislative Guides, supra note 12, p 290-291. 

186


§ 540. In the Serbian legal system, the victim of human trafficking has a possibility to 

obtain compensation for damages either within criminal proceedings or under the rules of 

civil law. Also, on 12 October 2010 Serbia signed the Council of Europe Convention on the 

Compensation of Victims of Violent Crimes, which allows victims to claim compensation 

from the State for injuries or damages suffered as a result of trafficking offences. On this 

occasion, we urge the state authorities to ratify this Convention as soon as possible. 

§ 541. As said, the victim’s right to compensation can be exercised in criminal proceedings. 

This is stipulated in the Criminal Proceedings Code - a claim for indemnification arising 

out of the commission of a criminal offence shall be considered in criminal proceedings 

upon the motion of authorized persons provided that this does not considerably delay 

proceedings (see Article 232 CPA). The claim for indemnification may consist of a demand 

for the compensation of damages, recovery of an object or the annulment of a certain 

legal transaction. The victim shall be informed of this right by the court conducting the 

proceedings (Article 234 CPA). The motion may be submitted prior to the conclusion of 

the trial before the court of first instance, at the latest. Persons entitled to assert a claim 

for indemnification, including victims of trafficking in human beings, may withdraw their 

motion until the conclusion of the trial and submit it as a civil action (Article 235 CPA). In 

its judgment for conviction the court may satisfy the claim of the authorized person fully, 

or it may satisfy it partially while directing the authorized person to assert the rest of the 

claim in a civil action {Article 237 (2) CPA}. If data established in criminal proceedings 

furnish no reliable basis for either full or partial adjudication, the court shall direct the 

authorized person to assert his claim in its entirety in a civil action {Article 237 (2) CPA}. 

When rendering a judgment of acquittal, a judgment rejecting the charge, or a ruling 

discontinuing criminal proceedings, the court shall direct the authorized person to assert 

his/her claim for indemnification in a civil action {Article 237 (2) CPA}. 

§ 542. Designed in such a way, there would be nothing to object to this possibility if there 

were more judgments in practice enabling victims to be compensated immediately. It is for 

this reason that the proceedings are criticized, because the court is not bound to decide 

on the motion for indemnification, i.e. to explain its decision in detail. The court is also 

not obliged to give detailed notification to the victim regarding compensation procedures. 

§ 543. All in all, although trafficking victims have a possibility to be compensated for 

damages, we recommend amending the Criminal Proceedings Code by introducing 

the possibility to award victims compensation only within the criminal procedure and 

eliminating a need for the victim to file a civil lawsuit. This would make the trafficking 

victim’s right to compensation more effective. 


ARTICLE 6 

III.3.2.Practice Analysis 

III.3.2.1. Protection of Victims’ Identity and/or Privacy 

§ 544. The protection of trafficked person’s identity and privacy is certainly one of the 

issues too often severely neglected in practice, first of all by the media, but also by 

institutions and NGOs that are in contact with victims. 

§ 545. Journalists are criticized because, hungry for sensations, they often put the victim 

in danger by revealing, directly or indirectly, her/his identity. Investigative journalism in 

Serbia is still insufficiently professional and there are only a few journalists who fully 

respect the identity and privacy of the victim and her/his family. 

In the summer of 2004, an attempt of kidnapping a girl (12) for possible sexual and 

labor exploitation took place in downtown Belgrade. The witnesses of this event, the 

representatives of an organization which, inter alia, deals with the problem of human 

trafficking, instantly notified the authorities and the media, i.e. a reputable TV station 

known for its high reporting standards. In the TV story that followed we could see the 

faces of children whose kidnapping was attempted and their identity and the identity of 

their whole family was fully disclosed. Since this was a story about the family with many 

children, all of them appeared in the TV story. All of them were wearing T-shirts with 

”STOP Human Trafficking“ slogan.. 


§ 546. In addition, in the majority of cases the media, when writing about victims, publish 

the photos of their family members, places where they live, information from their personal 

lives and the like, all of which make them visible and recognizable in their communities. In 

such context, the fact that they are designated with initials or that their faces are blurred in 

the photos have no effects. Several TV stations, including those that declare themselves as 

liberal, aired the video of the arrest in one Nove Pazar’s brothel, where clients’ faces were 

blurred, but the girls were fully showed, wearing their underwear. The same procedure 

is used when children are involved. We can often see more or less modified photos of 

deceased victims. Such obvious violation of basic human rights usually does not inspire 

reaction either from law enforcement authorities or professional community, not to 

mention society as a whole. On the other hand, the perpetrators of gender-based crimes 

with pronounced sexual elements often enjoy media support, and distasteful and offensive 

statements by their relatives and defense counsel are regularly printed. 

§ 547. On more than one occasion journalists used victims’ initials in their articles or 

revealed details about their residence, interviewed their neighbors or gave other indicators 

based on which it was possible to discover the identity of the victim. This jeopardizes not 

only court proceedings that are in preparation or pending, but also aggravates further (re) 

integration of the victim into her community upon the return. 

188


§ 548. Certainly one of the most severe forms of revealing the identity and violating the 

privacy of the victim is when trafficking victim is a child, whom journalists designate with 

initials, but then state the full name of child’s parents, in which way they indirectly reveal 

child’s identity. 

In the course of 2005, ASTRA was contacted by mother of a girl who was locked and 

sexually exploited in one bar in the territory of Novi Sad. After her successful rescuing 

from traffickers, the girl was placed in the Shelter for Trafficking Victims in Belgrade. At 

the same time, numerous articles appeared in the papers, in which her initials and home 

address were given. Since she lived in a small town in Vojvodina, the very act of giving her 

initials was sufficient for all the citizens to know what person that was about. During that 

period, she was in the shelter, and thus it was more on her family to bear this situation. 

Although she knew in detail what was going on, she was not most directly exposed to the 

consequences of such media treatment. 

However, in the August of 2006, another trafficking victim was rescued from the same 

bar in Novi Sad. Articles about this event appeared in the papers, but, besides the initials 

of the girl who was rescued on that occasion, the initials of ASTRA’s client were given too, 

with detailed account of the events from one year earlier. Her data instantly appeared in 

three highly popular TV shows about organized crime in Serbia; in one of these shows, the 

reporter said her full name. In the days that followed this police action, almost all papers 

and TV stations were reporting about this case. 

Because of this, she contacted the police, but was told that, although they did not reveal 

her name, they must have given certain information to the press about cases they worked 

on and about arrests. Her interest in these events was caused by her concern for her 

safety and safety of her family. Namely, she lived the whole time in fear that traffickers 

would contact her again. However, the police officers who were informed about the entire 

case and about threats she used to be receiving, would not tell her whether anyone form 

that criminal group was arrested. The entire situation had very negative effect on her 

psychological condition, especially bearing in mind that she unofficially found out that 

two people from that criminal group managed to escape, which only added to already 

existing intensive fear. 

As she said later: “It came to climax when my mother’s boss brought the papers to work 

and showed them to her, saying that they were writing about me again”. Because of 

extreme psychological anxiety and stress, the girl was, with ASTRA’s assistance, put in the 

Temporary House in Belgrade, where she stayed even after the media attention linked to 

this case calmed down, i.e. until she has become psychologically stable. 



ARTICLE 6 

§ 549. Still, positive examples of investigating journalism should be mentioned, too. 

One of such projects is certainly a radio broadcast by the author Miloš Teodorović aired 

at Radio Free Europe on a pedophilia case in a small town in southern Serbia. Of key 

importance and certainly praiseworthy in this case is that the story did not focus on 

the data about the victim or contact with her, but on the overlooks by the police and 

social services made as a result of the lack of coordination in combating crime. Miloš 

Teodorović won “Zoran Mamula” prize for year 2006 for that story, awarded by B92 for 

special achievements in radio journalism. 361 

§ 550. During identification and later, in the process of victim’s recovery and care, the 

Agency for Coordination of Protection for Trafficking Victims (hereinafter: the Agency) 

gathers all relevant information about the victim which are stored and kept in the 

database run by this Agency. However, it is not specified (or such information is not 

known) who has access to these data, for how long they are kept, in which way they 

are protected and for what purposes they are used, as well as whether the victims are 

informed on the fact that these data are kept. 362 

§ 551. To what extent victim protection is not taken seriously can be illustrated by examples 

where state authorities and NGOs that are supposed to work on victim protection exposed 

them to the risk and secondary victimization by bringing them into direct contacts with 

researchers, journalists, persons attending seminars and public sessions in order to as 

“illustratively” as possible describe the problem of human trafficking or to hear victim’s 

experience “at first hand”. These situations are often used for self-promotion of these 

authorities and organizations, while the most frequent excuse was that ”the victim 

herself wanted media attention” or “the benefit of current and future victims” from 

human trafficking research. Without questioning the significance of research in the field 

of human trafficking and with full understanding of researchers’ need to get information 

from the original source, i.e. directly from the victim, we nevertheless think that physical 

and psychological safety of persons who had this experience has absolute priority over 

all other reasons. 

In 2003, a journalist preparing a story about human trafficking for Serbian national 

television RTS contacted the Coordinator of the Shelter for Trafficking Victims in 

Belgrade, asking her to provide him contact with the victims and their appearance in the 

story. The girls who lived in the Shelter were informed about the details pertaining to the 

shooting, including that their identity would be protected and that their participation 

would be paid. One of the girls agreed and told to the camera how she had ended up 

in the trafficking chain, about her staying in one Western European country and how 

361 

Source: http://www.b92.net/info/komentari.php?nav_id=224604 

362 

Personal Data Protection Act, Official Journal of FRY, no. 24/98 and 26/98; Constitutional Charter of Serbia and Montenegro, Article 64, Official 

Journal of SCG, no. 1/2003. 

190


she had managed to run away from the traffickers. She received promised amount of 

money for participating in the show. However, what was not explained to the girl are 

negative consequences that appearance in the media could bring in the context of serious 

trauma experience. It is important to stress that none of the members of her family knew 

what happened to her during her staying aboard. In the show, she was shot from close 

distance, so that although her face could not be seen, her figure was clearly visible. The 

final version of the broadcast was cleared by Shelter’s Coordinator and by not the girl. The 

girl’s grandmother watched this show and recognized her by her coat and by the way she 

walked. What came about was very difficult and unpleasant and certainly traumatizing 

for the girl, especially bearing in mind that a short time before that she had managed to 

run away from exploitation and that at the time of airing the story she was a witness in 

the proceedings against the trafficker. In a very poor psychological shape, she contacted 

ASTRA, asking for support in this situation. ASTRA intervened with the director of this 

documentary, asking him to put right this overlook, which was subsequently done for 

future broadcasting. 


§. 552. Human trafficking is a very serious form of crime and this must not be ignored in 

order to implement activities planned within projects for which funds have been raised, 

and without going into deeper issues of human trafficking or dealing with traumas of the 

victims and protection of their identity. 

At the beginning of 2007, the Red Cross of Serbia offered assistance in the form of food 

parcels and hygiene kits to trafficking victims – Serbian nationals. The proposition of the 

Red Cross was to do the distribution of parcels through the network of their activists upon 

assistance request submitted by the Agency for Coordination of Protection of Trafficking 

Victims. Victims would personally take over the parcels after producing their identification 

documents to the Red Cross representatives. However, the basic principles of work with 

victims would be violated in this way, for which reasons organizations involved in direct 

victim assistance insisted that the Agency should take over the distribution of parcels, in 

which way the identity of victims and their safety would be protected. 

In June 2007, after a seemingly reached agreement, because of the difficulties in finding 

an administrative solution which would enable the Agency for Coordination of Protection 

of Trafficking Victims to distribute the packages, a change happened in the planned 

procedure and the Agency intended to refer victims directly to the Red Cross. In relation 

to this matter, ASTRA contacted the representatives of the Ministry of Labor and Social 

Policy (we note that until today the authority of a certain instance in that Ministry over 

the Agency has not yet become clear), as well as the representative of the Republican 


ARTICLE 6 

Institute for Social Protection and the National Coordinator for Combating Human 

Trafficking. In the responses that ASTRA was given from them, they tried to assure us that 

they would try to find an appropriate mode of cooperation with the Red Cross and that 

the victims’ rights would not be jeopardized. 

In practice, instead of packages of food and hygienic products, the victims got financial 

assistance. The money was paid into the bank account used by the Agency, and then 

distributed to the beneficiaries through the social welfare centers or given to them in 

person in the Agency premises. The Agency was supposed to provide to the Red Cross only 

the ID number of the victim from its database as a feedback, which would ensure protection 

of the identity of the victims who had received financial assistance from the Red Cross. 

However, at the beginning of 2011, in one concrete case of providing assistance to 

the victim of human trafficking, an Agency officer asked ASTRA to provide the basic 

information about the victims who are given financial assistance as well as the relevant 

information with regard to their human trafficking experience so that she could deliver 

them to the Red Cross of Serbia. This unambiguously violates the privacy and reveals the 

identity of the victim of human trafficking. 

ASTRA Journal – 51-1/07, 51-2/07, 51-3/07, 51-4/07, 62-1/07, 63-1/07 

III.3.2.2. Participation of Victims in Proceedings 

§ 553. In criminal proceedings against traffickers, victims mostly appear as injured 

parties/witnesses. Injured parties (as said before, Serbian legislation does not know the 

term “victim”) have right to representation through their legal representative in the entire 

course of the proceedings. Victim’s legal representative has right to participate in all 

procedural actions, propose evidence, examine the accused, witnesses, expert witnesses 

and other participants, submit compensation claim and, finally, give the closing. In case 

of the absence of Public Prosecutor, he/she may assume prosecution. For this reason, 

it is necessary that in all stages of the proceedings for trafficking offences the victim is 

ensured representation by professional and sensitisized attorneys, ready to fight and face 

misogyny, xenophobia, certain personal risk and different modalities of obstruction. 

§ 554. Since the victim, and consequently her legal representative, does not have the 

status of the party but only a participant to the proceedings, the court is not obliged to 

send them the indictment, expert witnesses’ findings or even the judgment. The victim 

does not have the right to appeal the judgment, except for the part pertaining to costs 

or in case that Public Prosecutor has assumed the prosecution from the victim that 

instituted the proceedings as a private plaintiff. For this reason, good cooperation with 

Public Prosecutor is vital for the protection of victims’ personal rights, because this is the 

only way in which the arguments of her legal representative may be presented through 

Public Prosecutor’s appeal. 

192


§ 555. Victim’s right to participate in criminal proceedings and testify is in the majority of 

cases respected in practice. However, the problem arises when trafficking victims do not 

want to take part, usually, out of fear for traffickers’ reprisals, but in spite of that, according 

to information ASTRA has, they are often exposed to direct and indirect blackmails from 

state officials, above all the police, but sometimes even from the staff of the Agency for 

Coordination of Protection of Trafficking Victims, who “explain” the victim how it is in her 

interest to appear in court. Victim’s testimony is still one of the crucial, if not the only 

evidence against traffickers. 

§ 556. In US State Department’s 2003 Trafficking in Persons Report 363 it reads “Despite 

enhanced law enforcement capacity, court adjudication generally was weak. In several 

instances, courts dismissed cases for lack of evidence or allowed confusing and degrading 

testimony in trial”, the 2006 TIP Report 364 stresses that “There were some reports of 

victims being poorly treated in courts outside Belgrade. Courts often require victims to 

testify against their traffickers repeatedly for criminal and civil proceedings, creating 

unnecessary trauma and travel costs.... The government should institutionalize a referral 

mechanism to continue the increase in identification and protection for trafficking 

victims in Serbia. It should ensure its witness protection law is fully applied, to prevent 

re-traumatizing trafficking victims who are willing to assist law enforcement and testify 

against their traffickers.” According to the 2009 TIP Report 365 , “The Government of Serbia 

continued to actively investigate trafficking cases, but it did not provide evidence it 

adequately prosecuted, convicted and punished trafficking offenders. Trafficking suspects 

accused of violent crimes often continued to be freed during the pre-trial and appeal 

process, posing a serious risk to their victims”. 

§ 557. As said in the Concluding Observations of the UN Human Rights Committee: 

Serbia and Montenegro. 12/08/2004, “The State Party should take measures to combat 

trafficking in human beings, which constitutes a violation of several Covenant [on Civil 

and Political Roghts], rights, including articles 3 and 24 and the right under article 8 to be 

free from slavery and servitude. Strong measures should be taken to prevent trafficking 

and to impose sanctions on those who exploit women and children in this way. Protection 

should be extended to all victims of trafficking so that they may have a place of refuge 

and an opportunity to give evidence against the persons responsible in criminal or 

civil proceedings.” 366 

§ 558. Victims receive the most severe threats immediately before and pending criminal 

proceedings. Hence, the issue of trafficking victims’ participation in court proceedings is 

closely linked to the issue of victim/witness protection. The Act on the Protection of Persons 

363 

http://www.state.gov/g/tip/rls/tiprpt/2003/ 

364 

http://www.state.gov/g/tip/rls/tiprpt/2006/ 

365 

http://www.state.gov/g/tip/rls/tiprpt/2009/123139.htm 

366 

Concluding Observations of the Human Rights Committee: Serbia and Montenegro. 12/08/2004., CCPR/CO/81/SEMO. (Concluding Observations/ 

Comments), Convention Abbreviation: CCPR, HUMAN RIGHTS committee, eighty-first session, consideration of reports submitted by states 

parties under article 40 of the Covenant. 


ARTICLE 6 

Participating in the Criminal Proceedings of 2005 came into force on 1 January 2006. The 

procedural measures of victim protection are mostly reduced to their physical protection 

pending the trial and provisions that regulate special ways of their questioning; therefore, 

they do not give adequate safeguards that their life, health, physical integrity, freedom or 

property will not be at risk if they give a testimony that would incriminate the perpetrators of 

trafficking offences. For this reason it is necessary to establish adequate protection program 

for witnesses, victims and persons close to them that would, together with procedural 

measures, ensure their satisfactory protection before, during and after criminal trial 367 . 

In the mid 2008, a victim of human trafficking reported to the police that her life was in 

danger because of the threats she received from her ex-husband, who was at the same 

time a trafficker. He sexually exploited her in Italy and forced her to commit criminal acts. 

Based on the statement she gave to the local police after returning from Italy, criminal 

proceedings have been instituted against him ex officio for the criminal act of human 

trafficking in which she was a witness-injured. 

Soon after, she began to receive threats from her ex-husband (trafficker) and his family, 

who asked her to retract the statement. With regard to the fact that she lived alone and 

without any sort of protection, the trafficker’s son forced her out of the house she lived 

in and took her to the court house, where in the presence of a lawyer retained by the 

trafficker, she was forced to sign a document stating that she retracted the statement 

given to the police earlier. However, the Public Prosecutor then instigated proceedings 

against her for perjury, after which the victim contacted ASTRA, where she was provided 

with legal assistance. 

The trafficker continuously and in various ways threatened the victim and her family. 

Normal life in the town she was born in was completely impossible for her, and that is why 

she left abroad, where she is today. 

In the mid 2010, the case against her was dropped and the preliminary investigation for 

human trafficking in which she was the victim was reinstated. However, even today there 

are no conditions for her safe return to Serbia and the city in which the trafficker lives too. 


§ 559. So far, the Law on the Protection Program for Persons Participating in the Criminal 

Proceedings has mostly been applied in the case of assassination of Prime Minister Đinđić. 

For human trafficking cases, i.e. for victims who testified in criminal proceedings it has not 

been applied even once. 

§ 560. This is mostly due to the failure to recognize real danger for the victim or the lack 

of funds to apply the law in specific cases. A judge to the proceedings shall be obliged to 

367 

Nikolić B., Značaj zaštite svedoka u borbi protiv organizovanog kriminala i drugih najtežih oblika kriminaliteta, Revija za bezbednost, br. 7, Centar 

za bezbednosne studije, Beograd 2008. 

194


take care of the safety of all parties during the trial while they are in the courtroom, but 

he/she also has possibility to require police protection if someone’s safety is endangered. 

Unfortunately, this is quite rare in practice. 

§ 561. Before the adoption of this Law and thanks to sensitivity and professional conduct of 

the then Public Prosecutor Deputy for Organized Crime who worked on the Pančevo Group 

case 368 , witness protection was provided with assistance of the third country. This positive 

example shows that with professional work, commitment and good will it is possible to 

work out a good solution, even if it is not explicitly envisaged in the law, as well as that it is 

necessary to establish regional cooperation in the matter of witness protection. 

§ 562. Although there are few examples of the protection of victims, we should certainly 

mention an excellent reaction of the Judge of the Subotica District Court in the treatment 

of underage trafficking victim during criminal proceedings. 

In 2007, a trial for trafficking offence started before the Subotica District Court. The 

victim, represented by ASTRA’s attorney, was 15 years old at the time of recruitment 

and exploitation. The Judge insisted that the girl should give her testimony in court via 

video link, in which way her direct confrontation with traffickers was avoided. Although 

she was in the same building as the group of the accused at that moment, she was never 

exposed to direct contact with them. Moreover, in her coming to trial and leaving the court 

building, all special protection measures were taken in order to prevent any possibility of 

victim’s meeting with traffickers and her possible revictimization. None of the above listed 

procedures undertaken towards the protection of the rights of the child was done upon the 

intervention of ASTRA’s attorney, but the Judge to the proceedings initiated them herself. 

ASTRA database, ID no 1460 

§ 563. Pending the trial against traffickers, many technical problems arise, which are 

common to other proceedings, too, but one number of problems is specific for human 

trafficking, organized crime and the testifying of human trafficking victims. 

In one of two trials held for the compensation of non-material damages, in which the 

injured party way represented by ASTRA’s attorney, the foreign victim trafficked for the 

purpose of sexual exploitation was supposed to give her testimony before the Fourth 

Municipal Court in Belgrade in the summer of 2006. Long preparations were held before 

this trial, in terms of raising funds to ensure girl’s presence at the trial, i.e. trip from her 

resident country to Belgrade, adequate accommodation during her staying in Belgrade, 

coordination of activities aimed at police providing physical safety of the victim during 

her staying, etc. 

368 

For details, see the rest of the article. 


ARTICLE 6 

However, in spite of all detailed preparations, the trial did not start on time due to the 

power failure and there was a possibility that it would not take place at all (it was not 

possible to keep minutes by hand). At one point, the Judge even mentioned that she would 

need to schedule the new session if electric power did not return on time. Fortunately, 

the power came back two hours later and the trial session could have started. Otherwise, 

the session would have been postponed and it is not certain whether it would be possible 

again to find money and organize the trip and accommodation for witnesses. Moreover, 

the girls who were already scared would have been forced to go through the whole 

procedure all over again. 


§ 564. Besides this example, you can read more about technical difficulties and the 

shortage of equipment in courts in the analysis of Articles 1 – 5 of the Palermo Protocol 

and corresponding articles of the CoE Convention. 

§ 565. The cases of corruption and the involvement of state officials in the human 

trafficking chain are another reasons for the lack of victims’ trust in institutional 

assistance. It is interesting that, according to the evaluation of police work at the level 

of local communities in former Yugoslavia in 1992-1996, 25.5% of respondents were 

satisfied with their work, while as much as 42.7% said they were not satisfied. 369 

Detention for Deputy Public Prosecutor in Novi Pazar 

Belgrade, 17:24 

The National Assembly of Serbia has approved today the detention of the Deputy 

Public Prosecutor in Novi Pazar, Palamar Senad, suspected of the abuse of office. The 

Assembly has made this decision at the beginning of its afternoon session upon the 

proposal of the Administrative Committee who had previously considered the request 

of the Sombor District Court Judge to approve the detention for Palamar Senad. A 

motion for investigation against Palamar Senad was filed to the Sombor District Court 

under suspicion that he knew of human trafficking cases, but failed to report the offence 

and its perpetrators in the period December 2005 – 12 July 2007. It is also said that 

Senad had direct knowledge of the offence because he used sexual services of human 


Beta, 14 November 2007 

http://www.portalargus.org/vesti/8057.html 

On August 11, the Supreme Court upheld the May 2008 convictions of Senad Palamar, 

the former public prosecutor in Novi Pazar, and 12 others for running a trafficking and 

prostitution ring. Twelve defendants were convicted and received sentences ranging from 

369 

Zekvić U. Žrtve kriminala u zemljama u tranziciji, Beograd, 2001. 

196


one to eight years in prison. Palamar and two police officers who received suspended 

sentences were released on time served. The group’s ringleader received an eight-year 

prison sentence. 

2009 Human Rights Report– Serbia 370 

§ 566. Trafficking victims feel most pressure right before and pending court proceedings. 

However, the need for their protection often extends to the longer period of time after 

the completion of the proceedings in which they testified. The issue of trauma and 

psychological pressure because of the contact with the institution (which they often 

encounter for the first time) will be discussed in other sections of this Report, but here we 

should look at how institutions treat the issue of victims’ safety. The trial against Milivoje 

Zarubica and his groups should certainly be mentioned as a positive example, where SECI 

center from Bucharest participated in the bringing of witnesses from Moldova to Serbia 

and their protection. 

In 2005, at the trial for human trafficking offense, Article 388 (1) CCS in Pančevo, the 

trafficker was sentenced to 9 months in prison. Pending the trial, the victim was exposed 

to pressure to change her testimony: she was offered money, acquaintances were giving 

her “friendly” advice to drop charges, strangers were waiting for her in front of her 

house, warning her what could happen to her and her mother whom she lived with, she 

received numerous offenses and open threats by trafficker’s family. The defense tried 

to repudiate her statement by putting special emphasis on the fact that she was heroin 

addict. The Public Prosecutor and ASTRA’s attorney who represented the victim had great 

cooperation during this trial, which resulted in the provision of full and adequate support 

to victim. Only thanks to Public Prosecutor’s effort, her understanding and support for 

ASTRA’s client during the proceedings, as well as her willingness to use all her prerogatives 

and activate all relevant actors, the police, Public Prosecutor’s office and ASTRA had very 

good and coordinated cooperation during the whole trial. 


§ 567. Many cases of victims/witness giving up testifying or changing their statements at 

the trial session confirm that these threats are serious and effective. 

The girls that had been forced into prostitution escaped from their traffickers, only to be 

kidnapped and beaten up. After a few hours, one of them died of internal bleeding. She 

was purposely left conscious throughout the torture in order to intensify her suffering. 

ASTRA’s attorney represented the girl’s mother in both criminal and civil proceedings. 

370 

Bureau of Democracy, Human Rights and Labor, 2009 Country Reports on Human Rights on Human Rights Practices, March 11,2010, http://www. 

state.gov/g/drl/rls/hrrpt/2009/eur/136056.htm 


ARTICLE 6 

Pending criminal trial before the court of first instance, another girl who was present 

during the murder on which occasion she sustained light bodily injuries, said that she was 

not the victim and that the documented injuries were not inflicted by the defendants 

which, as stated in the judgment “the court could not accept because it was obvious that 

with such statement the victim wanted to protect herself from possible consequences she 

would have suffered if she had testified to the detriment of the accused…”. She appeared 

at one court session, after which it was not possible to reach her. In the judgment of the 

Pančevo District Court, it is further said “All of these indicate that the injured party XX as 

the eyewitness and the actor of the event was in great fear for everything she saw, heard 

and felt on her own skin and especially the death of the deceased YY For this reason she 

denies that the defendants inflicted injuries on her. Based on all these facts, the Court 

assessed that the party is scared for her future”. 


Judgment of the Pančevo District Court, K.br.133/04, 14 April 2005 

§ 568. How profitable and organized human trafficking is, it is shown in numerous cases 

of threats to victims that extends to several years after their rescue from the human 

trafficking chain. After the trial has been completed, the victim becomes “not interesting” 

for institutions (the police and the judiciary). Consequently, she is left on her own devices 

to take care of her safety, i.e. to report any possible threat like any other citizens. 

In 2005, criminal proceedings for a trafficking offence were initiated in Sremska Mitrovica. 

At the time of the offence, the victim was underage. At the same time, the trafficker initiated 

proceedings to establish paternity of their child born at the time when the victim was 

exploited, so that he could later require custody. In 2005 and 2006, right before the trial 

session, the trafficker phoned to the Agency for Coordination of Protection of Trafficking 

Victims in an attempt to come in touch with the victim and learn the location where she 

and her child are located. Given his permanent attempts to come in contact and very 

aggressive threats to victim’s security, which suggested his plan to kidnap the child, she 

was forced to move frequently. On two instances she was, together with the child, placed 

to the shelter for trafficking victims. On her second arrival to the Shelter in 2007, she came 

to Belgrade, where ASTRA representatives waited for her. Already at the bus station she 

saw the trafficker in a car parked on the other side of the street, who started following 

them at close instance after they have left the bus station. ASTRA representatives tried 

to use city jam to run away and at one point thought they succeeded. However, when he 

realized he was seen, the trafficker left the vehicle he was previously seen in and took a 

taxi, trying to hide on the back seat so that he would not be seen again. Not wanting to 

reveal the location of the shelter, and out of fear for the safety of the client and her child, 

198


ASTRA representatives went to Belgrade Police Department, from where the police, with 

special precaution measures, transferred the woman and her child to the shelter. It is still 

unclear how the trafficker came to information on victim’s and her child’s movement and 

arrival to Belgrade, since this information was known to ASTRA and of the Agency staff 

and two police officers in Sremska Mitrovica with whom we have very good cooperation. 


In 2007, ASTRA started assistance and recovery program with a boy who had spent six 

years in the human trafficking chain, i.e. forced begging. At the moment when he fell 

victim, he was underage, i.e. 17. When he was 12, he had an accident after which his both 

arms were amputated. Because of this tragic event and generally difficult family situation, 

he dropped out from primary school. The father of the family is in the psychiatric 

institution and while he lived with his family, he physically and mentally abused his wife 

and children. The boy has six siblings and, since only mother makes income, the family 

lives in very difficult material conditions. 

The neighbor who was familiar with these circumstances and who knew that the boy 

had slim chances to help his family by finding a job invited him to go to Bosnia and earn 

money through begging. He promised the boy a better life, share in the money earned in 

this way and possibility to earn enough to buy a flat in Belgrade. Over a longer period 

of time he was convincing and pressuring the boy until he finally accepted, after which a 

six-year torture started across Bosnia. After the boy run away from this situation in 2007 

and returned to Serbia, criminal action was instituted against the trafficker and his family 

which also participated in the exploitation. Pending the trial, both the victim and his 

mother were offered money by trafficker’s close relative in order for the boy to change his 

testimony based on which charges were raised. Such offers were very frequent during the 

trial, especially bearing in mind that these two families live in neighborhood, for which 

reason their encounters are often and hard to avoid. 


III.3.2.3. Victim’s Assistance and Protection 

§ 569. Besides human trafficking cases, victims often appear as parties to other 

proceedings, civil and non-contentious, which are directly or indirectly linked to human 

trafficking experience they survived. Most often these are cases related to custody of 

children, the annulment of forced marriages, property disputes. State authorities, above 

all the Agency for Coordination of Protection of Trafficking Victims, do not show interest 

in providing legal aid in such cases, i.e. in coordinating this assistance. This is often rather 

frustrating for victims, since sometimes their existential issues depend on the outcome 

of these trials, which largely affect their reintegration and prevention of re-trafficking. 


ARTICLE 6 

In 2005, a few months after the child birth, ASTRA’s client filed for a divorce and custody 

of her child. She fell victim to trafficking when she was underage, for which reason she 

quit school right after the primary school. This considerably limited her employment 

opportunities and possibility to be able to support herself and her child. She had very 

difficult relationship with her husband, full of quarrels, disputes and increasing physical 

violence. However, she stayed in that marriage primarily for financial reasons. Later she 

decided to file for a divorce. The institution of the proceedings turned out to be a very 

strong motive for her to go back to school and find a job, in which way she managed to 

gain independence, i.e. to provide for herself and for her child. 


§ 570. Although the role of the Agency in representing these interests is defined in the 

Memorandum of Cooperation (Section II, Article 2.1 Victims’ Interests), which was signed 

between ASTRA and the Agency for Coordination of Protection of Trafficking Victims, 

there were situations when the Agency to a great extent made victims’ situation even 

more difficult and in a way compromised their safety, forgetting their primary role, i.e. the 

protection of victims’ interests. 

In January 2006, the representative of the Agency for Coordination of Protection of 

Trafficking Victims, based on information which validity had not been previously verified, 

reported to the competent Social Welfare Center her suspicion that the girl identified as 

trafficking victim in 2005 voluntarily worked as a sex worker and neglected her three-year 

old daughter. It is not known what kind of checkups SWC made upon this report, but the 

girl did not suffer any consequences. 

However, this report could have very serious consequences on victim and her daughter, 

since two processes were pending at that time: in 2005 criminal action was instituted for 

illegal crossing of stare border and people smuggling, where she was the victim/witness, 

while the other case was instituted by the trafficker who wanted to establish paternity of 

the child she gave birth to during the period of exploitation. In addition to the fact that 

the said report could have impact on the course of these trials, the safety of the victim and 

her daughter was also jeopardized, because in that period the trafficker was intensively 

attempting to find out their location by contacting all actors (the Agency, ASTRA, SWC). 


§ 571. Victim assistance and protection include a wide range of actions and services, 

from crisis intervention and direct assistance (medical, legal and psychological) to a long 

rehabilitation and finally reintegration process. 

200


§ 572. In theory, the work with victims has three phases 371 : 

1. Crises intervention 

a. Shelter/alternative accommodation 

b. Emergency medical assistance 

c. Psychological assistance 

2. Rehabilitation 

a. Accommodation at the recovery shelter if necessary 

b. Material aid 

c. Legal assistance 

d. Medical assistance 

e. Psychotherapy, PTSD treatment 

3. (Re)Integration 

a. Recovery of the system of vital values 

b. Family (re)integration 

c. Community (re)integration 

d. Economic (re)integration 

e. Culture (re)integration 

f. Realization of legal rights 

§ 573. Rehabilitation implies the restoration of trafficking victim’s capacity for independent 

life. Kessler 372 defines it as the enabling of the unable for the utmost mental, social, 

professional and economic benefit they are fit for. The aim of rehabilitation is to enable 

trafficking victims to reintegrate into their families, living and working environment. 

Assistance in rehabilitation consists of specific basic services, such as accommodation 

in a safe house or shelter and assistance in satisfying medical and psychological needs, 

the protection of rights they are legally entitled to, as well as the forms of vocational 

education and/or training. 

§ 574. (Re)integration may be defined as the process of victim’s inclusion into the 

community in his/her country of origin and the rebuilding of relations inside it. This 

process takes place at four levels: psychological, socio-economic, socio-political and 

cultural. It includes a range of complex issues, from legal, regulatory and safety aspects 

to funding and informing the victims of agencies that offer direct assistance and 

reintegration programs in the country of origin and repatriation, including preparations 

for return, company during the return and reception in the country of origin, as well as the 

protection from stigmatization. Trafficking victims’ will to return home, different aspects 

of return and regulations pertaining to the reflection period and the issuance of residence 

permit may affect the efficiency of reintegration programs. 

371 

”(Re)Integration of the trafficked persons: a process or result?“, La Strada Moldova Express, Issue No.3 April 2007. 

372 

Simić M., Rehabilitacija invalida, Fakultet političkih nauka, Beograd 1996. 


ARTICLE 6 

§ 575. The term “re-integration” (also called integrational or social inclusion) is broadly 

used by assistance providers to describe the work with returned women that offers 

the victims long-term solutions, enables social inclusion in their countries of origin, is 

available for longer period of time and is broader than short-term, direct help. 373 

§ 576. Stability Pact Task Force defines “return and re-integration assistance to victims 

of trafficking” as ”… comprehensive programmes designed to re-integrate victims 

of trafficking into society, including through actively preventing stigmatisation, job 

training, legal assistance and health care and by taking measures to co-operate with nongovernmental 

organisations to provide for the social, medical and psychological care of 

the victims”. 374 

§ 577. Also in the Background Paper, “the SPTF recognised the different needs of returning 

victims - from social, medical and psychological care to protection from stigmatization and 

support in job training”. At the same time, it emphasized the government’s responsibility 

to provide re-integration support. While the Background Paper is very general and focused 

mainly on trafficking in women, it did establish baseline definitions of prevention and 

awareness raising for those institutions co-operating with the SPTF” 375 . 

§ 578. A successful (re)integration program requires the inclusion of all relevant actors, but 

it also depends on the conditions in the country of origin, conditions experienced at the time 

of reception, personal characteristics of victims, their capability of managing stress, their 

capacity to adapt to changes, the existence of social network, the possibilities to keep in 

touch with the relatives in the home country, the possibilities of long-term accommodation, 

the existence of xenophobia, prejudices etc. It can be seen that the reintegration program can 

not be the same for everybody. However, if we want to talk about successful reintegration, it 

needs to be tailored to fit the needs of every individual victim. 376 

§ 579. The quality of programs designed to assist to (re)integration is decisive for the 

entire process. In the same way as the program has to be tailored to the needs of every 

individual victim, its intensity and duration should be defined individually depending on 

the problems and needs experienced by a specific victim. It is necessary to take into account 

for how long the victim was exposed to exploitation. Longer exposure to the situation in 

which the person do not have any control and to permanent intimidation would certainly 

require longer period for recovery, rebuilding one’s life and regaining independence. 

§ 580. Needless to say that victim assistance program which form and duration are 

defined by NGOs are not sufficient. State authorities and professional community need 

to get involved, too, so that these programs could be applied in a broader context. Human 

373 

Limanowska B., Principles and Guidelines on Human Rights and Human Trafficking, Volume 3, UN Office of the High Commissioner for Human 

Rights, 2002. 

374 

SPTF Defintion of ”Re-integration of Victims of Trafficking“ in Limanowska B., Principles and Guidelines on Human Rights and Human Trafficking, 

Volume 3, UN Office of the High Commissioner for Human Rights, 2002. 

375 

The SPTF was officially closed on 30 October 2004. For more information see: http://www.stabilitypact.org/stabilitypactcgi/catalog/cat_descr. 

cgi?subcat=1&prod_id=52 

376 

Equal open Europe Project Transnational Committee, 2 nd publication, October 2007. 

202


trafficking hits society as a whole and for this reason the very same society should be 

actively involved the provision of assistance. 

§. 581. Reflection and recovery period is a period of time given to a person who is suspected 

to be trafficking victim during which she/he can take a rest, escape traffickers’ influence 

and consider his/her situation and future steps, including the decision on testifying 

against traffickers. European Convention requires that the state parties provide in its internal 

law a recovery and reflection period of at least 30 days, when there is the slightest indication 

that a person has been trafficked. This implies that the granting of the reflection period must 

not be subject to further legal requirements since it would undermine and even contradict the 

aims of the delay. 

§ 582. When the competent authorities have the slightest indication that a person has 

been trafficked, this person should be immediately granted the reflection period. This 

implies that the granting of the reflection period must not be subject to further legal 

requirements, since it would undermine and even contradict the aims of the delay. In order 

to make possible the reflection period in the case of foreign citizens the European Convention 

stipulates that “Parties shall authorize the persons concerned to stay in their territory”. Two 

conditions stipulated in Article 14 (1) on issuing residence permit are that the victim’s stay is 

either “needed for his/her own personal situation” or it is “necessary for his/her cooperation 

with the authorities in investigation or criminal proceedings”. The aim of these conditions is 

to enable the states to choose whether they will approve residence permits in exchange for 

cooperation with judicial authorities, or they will issue a residence permit on the basis of the 

victim’s needs, or both of these conditions will be adopted concurrently. The CoE Convention 

has left to the discretion of a state party to determine the length of the residence permit, 

although the states have to determine the length in accordance with the aim of the provision. 

§ 583. The reflection period has multiple goals, since it prevents immediate expulsion, 

and allows the person to start the recovery process 377 , avoid possible reprisal from 

traffickers and escape their influence, make an informed decision about his/her options 

such as whether to assist with criminal proceedings, to pursue compensation claims, 

and/or to participate in a social assistance program. However, the reflection period and 

the related assistance measures should be granted to any presumed trafficked person, 

including nationals of the same country and EU nationals, with a view to allowing that 

person to recover, escape from retaliation and take an informed decision as to whether to 

cooperate with the competent authorities. 378 

377 

See the Council of Europe Convention on Action against Trafficking in Human Beings and its Explanatory Report, in particular Article 13, Paragraph 

1. See also Council Directive on Residence Permit issued to third-country nationals who are victims of trafficking in human beings or who have 

been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities (2004/81/EC). Article 6 clearly states 

that the reflection period aims at allowing trafficked persons to recover. 

378 

http://ec.europa.eu/justice_home/news/events/anti_trafficking_day_07/mecanisms_manual.pdf 


ARTICLE 6 

III. 3.2.3.1. Evolution of the Treatment of Trafficked Persons in Serbia 

§ 584. A mechanism (which could be called National Referral Mechanism 379 ) must be 

established in every Member State, aimed at ensuring coordination of government 

action and cooperation with civil society organizations or other service providers such 

as public or private recognized and specialized centers. The mechanism should ensure 

that presumable trafficked persons are immediately informed in a language that they 

understand about their rights and options, and referred to the assistance services when 

they are claiming to be victims of trafficking or when the competent authorities have a 

suspicion that she/he has been subject to trafficking. The mechanism should be sensitive 

to issues of age, gender, ethnic and religious background of identified or presumed victims 

of trafficking. In particular, it should include specific child friendly services and be based 

on a gender-sensitive approach. 380 The process of building National Referral Mechanism 

in Serbia was long and complex. 

§ 585. In. the US State Department’s 2004 TIP Report it is stated: “The government 

and NGOs communicated well on protection activities, but police operated without 

a formalized referral system and victims tended not to cooperate due to insufficient 

protections. The Organization for Security and Cooperation in Europe (OSCE) oversaw 

establishment of a referral center housed in the Social Affairs Ministry. Police relied on 

an NGO-run shelter overseen by the IOM to house victims. Police commonly interviewed 

victims upon police apprehension, and those who did not self-identify as victims were 

charged with prostitution or deported. The government did not implement a regional 

Ministerial declaration on residency status for victims.” 

§ 586. As far as the treatment of trafficked victims is concerned, with regard to assistance 

mechanism, we may distinguish four periods: The first period covers the 1990s. During 

the entire decade, there were no systematic mechanisms aimed at helping the victims of 

trafficking. The problem of trafficking in women was not recognized at the political level. 

The Criminal Law of the Republic of Serbia did not contain the provision that incriminates 

trafficking in human beings. The investigation and bringing to justice of persons responsible 

for trafficking in women was very difficult, almost impossible. Since there were no clear 

standards for identifying the victims of trafficking, a large percentage of women found 

during raids in bars, motels and similar establishments were arrested, interrogated and 

sent to a magistrate’s court, where they were prosecuted pursuant to the Movement and 

Residence of Foreigners Act. In these cases, the Magistrate had quite narrow powers: it 

could rule a fine, jail sentence of up to 30 days or deportation. Without exception, such 

women were treated as illegal immigrants. If they were foreign nationals, they were sent 

to the Detention Center for illegal immigrants in Padinska Skela, from where they were 

later deported to the country from which they entered Serbia, without prior evaluation 

379 

National Referral Mechanisms, Joining efforts to Protect the Rights of Trafficked persons. A Practical Handbook, OSCE/ODIHR, 2004. 

380 


204


of the situation and victim’s position in the country of origin. If it concerned domestic 

nationals, there were punished under Article 14 of the Public Peace and Order Act. 

§ 587. It should be stressed that women’s NGOs were the first to draw public attention to 

the fact that this problem in our country existed. Since the problem was not recognized, 

girls and women received no institutional support and were handed over to traffickers’ 

mercy. Very often, the very same trafficker waited for deported girls on the other side of 

the border and transported them back to Serbia. 

§ 588. The second period lasts from the 2000 democratic changes until 2004. The Yugoslav 

Team for Combating Human Trafficking was set up first, and shortly after that, in May 

2002, there came the National Team for Combating Human Trafficking of the Republic 

of Serbia. Significant changes in the procedures and treatment of trafficking victims could 

be observed after 2002 when, owing above all to political will (appropriate legislation 

was still lacking), informal mechanisms for helping victims were established. Trafficked 

women were no longer treated as persons who violated the law, but were identified by 

the Agency for Coordination of Protection of Trafficking Victims and given the status 

of a victim. This status was not defined by specific documents or procedure, but was 

done ad hoc in every individual case 381 . Following identification, they were referred to the 

shelter for trafficked victims, run by a local NGO funded by International Organization 

for Migrations (IOM). IOM also bore repatriation costs. Many overlooks were made in the 

provision of direct victim assistance during this period and in the realization of victims’ 

rights. On the other hand, this is when the first ideas and initiatives for the formalization 

of cooperation between anti-trafficking actors in order to reduce such overlooks to the 

minimum appeared. One of the documents drafted then, but, unfortunately never signed, 

is the Memorandum of Cooperation between anti-trafficking actors. This document was 

drafted by OSCE Mission to Serbia in consultations with all potential signatories. This 

draft document was very good, since it contained elements that have not been included 

in other former or later documents (e.g. risk assessment). On the other hand, it was the 

result of joint work of governmental and nongovernmental sector and international 

organizations. The Ministry of the Interior of the Republic of Serbia did not offer this 

document for signing, allegedly because the election of the new Government that was 

underway at that moment and the lack of competent Minister, while IOM was rather 

reserved on that occasion. Thus, a unique opportunity to formalize cooperation among 

the actors and thus eliminate shortcomings in the provision of assistance to trafficking 

victims and assuming responsibility for such shortcomings was missed. 

§ 589. In the third period, as a result of a joint project of the Ministry of Labor, 

Employment and Social Policy and OSCE Mission to Serbia and Montenegro, the Agency 

for Coordination of Protection of Trafficking Victims was set up in March 2004, as the 

national referral mechanism, within the Institute for Upbringing of Children and Youth in 

381 

ASTRA has no knowledge of details of this procedure. 


ARTICLE 6 

Belgrade. The Mobile Team was also founded as a part of the Agency. The main task of the 

Agency is to act as a coordination center in the organization of assistance and protection 

of trafficked victims in Serbia, as well as to make the first evaluation of a potential victim 

and her/his needs. Mobile Team members were the Ministry for Social Issues, NGOs 

ASTRA and Counseling Center against Family Violence. The Mobile Team also recorded 

the first cases successfully solved in cooperation of GOs and NGOs. This is certainly the 

period in which victim assistance and protection of their rights was at the highest level 

and shortcomings least frequent. Because of the results achieved within the Mobile Team, 

ASTRA actively advocated for such model of referral mechanism. In our opinion, this is 

the concept that should be restored, because in practice it has proven to be the most 

efficient for the identification and provision of direct assistance to trafficking victims. 

In April 2005, the Subotica police arrested one Serbian national and three girls from Ukraine. 

The night before, they came by taxi from Novi Sad and spent the night at a hotel in Subotica 

with three Slovenian citizens. The police and the investigative judge took their statements, 

and the taxi driver who drove them to Subotica and back to Novi Sad was identified. One 

of the Ukrainian nationals used to work in Serbia, while for the other two girls this was the 

first time. All four girls were very young, very scared and all of them instantly said that 

they did not wish to testify against traffickers. After the joint intervention by the Agency 

and ASTRA, the girls were put in Shelter in Belgrade. The intervention primarily composed 

of very well guided interview the representatives of ASTRA and the Agency had with the 

girls, informing them of all accommodation possibilities and available forms of assistance. 

This interview contributed to girls’ being noticeably relaxed and to shift from refusing 

any communication, which was the situation while they were in Subotica, to being very 

satisfied with offered solutions when they came to Belgrade. 


A trafficking victim was, with her two-year old daughter, staying in the shelter for safety 

reasons during the trial. In May 2005, she was summoned to testify and went to Sremska 

Mitrovica in the company of ASTRA and Agency representatives. Since another girls sold 

by the same trafficker was summoned to the same trial session, we talked with that girl, 

too. ASTRA and Agency representatives informed her on the activities of direct victim 

assistance providers and available forms of help. Later, when our client went to Sremska 

Mitrovica again in the company of ASTRA representatives, the Agency provided logistic 

support (transport). In this specific case, ASTRA and the Agency had very efficient 

cooperation on several instances, thus adding to the quality an provided forms of 

assistance and information. 

ASTRA Database, ID 814, ID 820 

206


§ 591. The fourth period in combating human trafficking in Serbia started in November 

2004, when the concept of the Agency with the Mobile Team was abandoned. From 

then on, the Agency has been working with two staff members: a social worker and a 

psychologist/legal specialist. The Agency is designed as a coordination center for all actors 

involved in the provision of assistance to victims. Upon the information on (presumed) 

trafficked victim, the Agency does the identification or confirms the identification done 

by the police, also being in charge of the first assessment of (presumed) victims’ needs 

and coordination of assistance to them. Although in the Agency’s promotional leaflet it 

could be read that it operates 0-24h, this is not realistic in practice, since the Agency has 

only two staff members that are supposed to cover the entire territory of Serbia. 

III.3.2.3.2. Direct Victim Assistance Providers in the Republic of Serbia 

§ 592. Direct assistance to trafficking victims in Serbia is for now provided by the civil 

society organizations, specifically by three NGOs until October 2010, when the shelter 

(which operated within the Counseling Center against Family Violence) was closed. . 

§ 593 ASTRA – Anti Trafficking Action is a non-governmental organization dedicated 

to the eradication of all forms of trafficking in human beings, especially in women and 

children. Since 2002, ASTRA has been running an SOS hotline service specialized for 

direct assistance to trafficked persons in the process of recovery and (re)integration, as 

well as for support to families and communities of survivors aimed at their as successful 

as possible social inclusion. The reintegration program is additionally developed through 

ASTRA Daily Center which was launched in January 2007. 

§ 594. Direct victim assistance is provided taking care of the best interest of trafficked 

persons and their individual needs, with full participation of the person receiving the 

assistance, based on the principles of trust, respect for differences and individual wishes, 

needs and recovery pace, non-discrimination and highest standards in work. 382 

§ 595. In addition to direct victim assistance, ASTRA SOS hHotline also has a preventive 

role, because calls in connection with human trafficking prevention make up nearly 

one fifth of all calls received. Namely, through ASTRA SOS hotline, citizens can learn 

something about the human trafficking problem, but also get informed about the 

possibilities for legal education or work in foreign countries and employment-related 

legal advice, i.e. checking the legitimacy of the employer, destination and employment 

contracts, which is very important, because ASTRA is the only actor in our country that 

offers this kind of service. 

§ 596. Through this and other three programs – Prevention and Education, Networking 

and Research and Reporting – ASTRA attempts to address the human trafficking problem 

as comprehensively as possible, examining its causes, consequences, dynamics and trends. 

Since human trafficking is very dynamic phenomenon, such approach is very important in 

382 

Find more about ASTRA’s assistance to trafficking victims and their families in Annex 6 – Active Anti Trafficking Actors. 


ARTICLE 6 

order to adjust prevention strategies and design and develop new forms of assistance, as 

well as in order to recognize new potentially vulnerable groups, increase their awareness 

and capacity for self-protection, but also to support institutions to provide better and 

more efficient assistance. 

§ 597. Shelter for Trafficking Victims was launched in 2002 as a program run by the 

NGO Counseling Center against Family Violence and funded by the Government of 

Austria 383 . The shelter was a place where trafficking victims could get accommodation, 

food, psychotherapeutic and medical assistance and lawyer’s services. This was a closetype 

shelter, and for safety reasons, beneficiaries had limited freedom of movement, 

and besides full-time and part-time staff members and associates, since 2006 only 

representatives of the Agency for Coordination of Protection of Trafficking Victims had 

access to the shelter. Earlier, the police also had access to the shelter, which was often 

disturbing for the beneficiaries. The shelter worked as a collective accommodation 

center. It had four counselors employed, one of whom was present for 24 hours a day at 

the shelter. The beneficiaries were often children victims of trafficking and children who 

were not trafficked themselves, but who accompanied their mothers who were identified 

as trafficking victims. Since October 2010 this shelter was closed down. 

§ 598. NGO Atina was set up in 2004 and, with IOM’s support, it provides assistance 

to the victims of human trafficking and sexual violence. It operates through three 

programs: Temporary Home, Open, Club and Field Support Team. The Temporary House 

was launched in Belgrade in April 2004. Besides accommodation and food, it provides 

basic and alternative services in the process of reintegration: medical and psychological 

assistance, legal counseling, family mediation and counseling, assistance in formal 

and alternative education and job hunting, and assistance in solving problems from 

immediate environment. 384 

§ 599. The Open Club was started in Belgrade in the August of 2006. It has been 

designed with help and support from former and actual beneficiaries and offers basic and 

alternative support programs in reintegration. The program has been designed in such a 

way that, besides direct assistance and support, it provides the beneficiaries with a space 

and framework for informal gathering and spending time together. The Open Club has a 

library, audio and video materials and computers; different cultural activities – lectures, 

movie projections, etc. take place in there. 

§ 600. The Field Support Team has arisen as a response to the needs in the reintegration 

of the victims of human trafficking and sexual exploitation who have returned to their 

original communities. 

§ 601. NGO Atina’s clients are women and girls, the citizens of Serbia and foreigners who have 

383 

Paragraph 158, Convention on the Elimination of All Forms of Discrimination against Women, Consideration of reports submitted by States Parties 

under article 18 of the Convention on the Elimination of All Forms of Discrimination against Women, Serbia, 17 October 2006. 

384 

Annual Report 2005, http://www.atina.org.yu/index.php?option=com_content&task=view&id=10&Itemid=2 

208


temporary residence permits, victims of human trafficking and sexual exploitation. Regularly, 

staying in the Temporary Home lasts for about one year, but sometimes beneficiaries stay 

longer or, when needed, use this form of accommodation on several instances. 

§ 602. It should not be forgotten that many victims do not need shelter or alternative 

accommodation, because they return to primary/secondary family or have some other 

form of accommodation. Still, other needs of these victims are the same as of the victims 

who live in the shelter, i.e. they are in need of medical, legal, psychological assistance and 

support, education, economic empowerment and other reintegration program services. 

III. 3.2.3.3. Memorandums of Cooperation 

§ 603. In the course of 2005, ASTRA initiated the signing of the Memorandum of 

Understanding with the Agency for Coordination of Protection of Trafficking Victims. The 

text of the memorandum was made by ASTRA and only slight corrections were made in 

line with the suggestions of Agency’s staff member. The main goal of this document, like 

it is stressed in its text, is to make “a step ahead towards efficient provision of professional 

assistance in all the aspects in which cooperation so far indicated to the possibilities of 

strengthening of protection and assistance mechanism”. 

§ 604. Around the same time, the Agency signed similar document with NGO Atina 

and Counseling Center against Family Violence which ran the Shelter for Trafficking 

Victims. These memorandums are bilateral, of internal nature, and all four of them, to 

our knowledge, differ by their content that is known only to the Agency and organizationsignatory. 

There is no standardized form of the Memorandum that would consistently 

define cooperation between the Agency and all the actors whose activities it is supposed 

to coordinate and which would clearly specify responsibilities and scope of work of the 

Agency and nongovernmental organizations it directly cooperates with. Because of the 

lack of transparency in signing these documents, an opportunity was missed to precisely 

define the procedure in the process of identification of and assistance to trafficking victims 

in which all relevant civil society organizations would be included. Only in that context, 

memorandums could be expected to reach their goal, i.e. to be tools for strengthening 

protection and assistance mechanism. 

§ 605. International Organization for Migrations has an important role in the antitrafficking 

scene in Serbia. In the course of the 1990s, as well as at the beginning of 

this century, besides vital role in the repatriation of trafficking victims, IOM Office to 

Belgrade also participated in the identification 385 of and assistance to victims, above 

all by supporting NGO Atina’s shelter. It is sometimes very difficult to define their role 

in the National Referral Mechanism. Namely, as IOM has been increasingly involved 

385 

Many victims with whom ASTRA was in contact with complained of exhausting interviews and too many questions in IOM questionnaire that they 

had to answer in order to be identified as victims. Since the Agency for Coordination of Protection of Trafficking Victims started using the same 

questionnaire in 2004, much better practice has been developed. Namely, the shelter staff would be gradually entering into the questionnaire 

data they obtain from victims and then forward them to the Agency. 


ARTICLE 6 

in direct work with trafficking victims and dealing with individual cases (especially by 

supporting the establishment of NGOs whose primary purpose is the implementation of 

these programs), it is not clear whether they have shifted the focus of their activities to 

direct victim assistance or this is an international organization with much broader scope 

of work. Especially when human trafficking problem is concerned, their engagement 

goes by far beyond activities they carry out as the international organization: “... IOM 

will continue to support the strengthening of the Republic of Serbia’s institutional and 

operational capacities, particularly effective border management and cross-border 

cooperation. Social and economic impacts of transition will be tackled through targeted 

interventions addressing livelihood issues and improving reintegration prospects of 

vulnerable populations, with a broader community perspective. Particular attention 

will be paid to defense personnel facing redundancy, refugee and displaced populations, 

irregular migrants, actual and potential victims of trafficking and vulnerable minority 

groups including the Roma. IOM will also contribute to policymaking and continue to 

build the competencies of relevant service providers, both within the government and the 

civil society 386 ”. Such undefined engagement creates perplexities regarding the position 

of IOM as an international organization which, nevertheless, actively participates in the 

implementation of activities at the level of local civil society sector. Since 2010, IOM 

has been carrying out a Joint Program for combating human trafficking together with 

UNHCR, UNODC and the Government of Serbia. 

III.3.2.3.4. Victim Identification and Coordination of Direct Assistance 

§ 606. A human rights based approach requires early identification and assistance to 

victims of trafficking in human beings. 387 Identification is crucial to ensure both the 

protection of the rights of trafficked persons and successful prosecution of the traffickers. 

§ 607. Due to the complexity of the human trafficking phenomenon, the final 

identification of victims might require longer period of time. Failure to identify victims 

at an early stage can result in insufficient protection and violation of their rights 388 .. 

However, self-identification might be difficult, especially in cases where traffickers have 

abused a position of social vulnerability. 

§ 608. In addition, there are many barriers for victims to come forward, such as fear of 

386 

http://www.iom.int/jahia/Jahia/pid/700 

387 

An identical definition of trafficking is contained in Article 3 of the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially 

Women and Children (Palermo 2000), and in Article 4 of the Council of Europe Convention on Action against Trafficking in Human Beings 

(Warsaw 16/05/2005). A similar definition appears in Article 1 of the EU Council Framework Decision on combating trafficking in human beings 

(2002/629/JHA). For the purpose of the EU Council Framework Decision on the standing of victims in criminal proceedings (2001/220/JHA), victim 

shall mean any natural person who has suffered harm, including mental or physical injury, emotional suffering or economic loss, directly caused by 

acts or omissions that are in violation of the criminal law of a Member State (Article 1, Paragraph a). For the purpose of the (2005) CoE Convention 

on Action against Trafficking in Human Beings (Warsaw 16/05/2005) victim shall mean any natural person who is subject to trafficking in human 

being as defined in Article 4 of the same Convention. All the present recommendations apply to any presumed victim from the beginning of the 

identification process. 

388 

WHO, Ethical and safety recommendations for conducting the interview with women victims of trafficking, WHO, Geneva 2003. 

http://www.who.int/gender/documents/en/final%20recommendations%2023%20oct.pdf 

210


reprisals against them or their children or families, fear of deportation, or the situation 

of dependency in which they find themselves. With regard to the identification of child 

victims, indicators have to reflect the international definition of child trafficking 389 

according to which trafficking occurs even if no illicit means of coercion or abuse have 

been used. 

§ 609. International, regional and EU legal standards recognize the particular vulnerabilities 

of children and the legal obligations of Governments to afford special protection and 

assistance, and ensure legal safeguards to child victims. 390 

§ 610. According to the original idea, the main task of the Agency is to coordinate all actors 

in the organization of assistance to and protection of trafficking victims 391 . However, when 

we talk about the identification of (presumed) trafficking victims, from the very beginning 

we have been witnessing the replacement thesis and arbitrary interpretation of the tasks 

of the Agency, above all by the police and international organizations 392 . Namely, there 

is no official document or formal decision based on which it could be concluded that 

the Agency shall do the identification of (presumed) trafficking victims. For example, the 

Instruction on Work of the Agency for Coordination of Protection of Trafficking Victims 

(issued by the Acting Director of the Institute for Upbringing of Children and Youth on 

9 November 2004) sets out that the main tasks of the Agency are to assess the needs 

of trafficked persons, to refer potential victims to adequate form of assistance (Shelter, 

medical treatment...) and to organize any other necessary aid (relating coordination). 

Moreover, the Agency shall not give final opinion on whether a person is a trafficking 

victim without organizations in charge of direct victim assistance. 

§ 611. On the other hand, in the provisions of Paragraph 1 of the Instruction on Conditions 

for Approving Temporary Residence to Foreign Nationals being Victims of Trafficking, 

which was issued on July 5, 2004 by the Minister of the Interior of the Republic of Serbia, 

it is anticipated that in case of foreign nationals for whom the Agency assesses that 

need to be assisted and treated as trafficking victims, the police department in charge 

according to the place of residence of the victim shall approve temporary residence for 

humanitarian reasons. On 20 September 2004, Chief of the Border Police Directorate 

for Aliens and Administrative Affairs issued the Instruction on Procedure for Approving 

Temporary Residence permit to Foreign Nationals Victims of Trafficking. 

§ 612. If we would nevertheless stick to this concept, the police should contact the Agency 

389 

Article 3c and Article 3d of the (2000) UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children; Article 

1 of the Framework Decision on combating trafficking in human beings (2002/629/JHA); Article 4c and Article 4d of the (2005) CoE Convention 

on Action against Trafficking in Human Beings. 

390 


391 

National Referral Mechanism is a framework of cooperation through which state authorities fulfill their obligation to protect and enhance 

trafficking victims’ human rights, by coordinating their efforts in strategic partnership with civil society – National Referral Mechanisms, Joining 

efforts to Protect the Rights of Trafficked persons. A Practical Handbook, OSCE/ODIHR, 2004. 

392 

At that moment, the Agency did not take any position, which may be understood as the distribution of responsibility among the Mobile Team 

members. After the canceling of the Team, faced with the lack of an official document that would specify responsibilities in this area, the Agency 

has started to accept the position of the police and international organizations. 


ARTICLE 6 

for every presumed trafficking case. In practice, however, the Agency staff most often only 

confirms the identification done by the police. Moreover, the identification criteria used 

by the Agency are not clear and in such cases it seems as if it acts as “extended hand” of 

the police that is the first who come in contact with (presumed) victims. Also, it has been 

shown in practice that the police arbitrarily inform the Agency about presumed trafficking 

victims, while most often excuse for such practice (given in informal communication) is 

the sluggishness and the lack of proactive approach on the part of the Agency staff. 

§ 613. Besides various pressures on one side and inertness of the Agency staff member(s) 

on the other, also lacking is a pro-active approach to the identification of trafficked persons. 

For example, the Agency’ does not have practice to visit Shelter for Illegal Migrants to 

check whether there are foreign nationals accommodated there whom the police failed to 

identify as victims. Since the canceling of the Mobile Team, there has been an indisputable 

trend of exclusion of NGOs from the process of identification, i.e. such collaboration exists 

only on paper. No memorandum of cooperation in this area has been signed between the 

police or other Governmental institutions on one side and NGOs on the other. 

§ 614. As for raids conducted by the police units, we cannot say that they were regular. 

This especially applies to the period following the assassination of Prime Minister Đinđić 

in March 2003. Two years before that, human trafficking was taking place in bars, clubs 

and similar establishments. In that period, police raids were much more frequent. In such 

raids, most often ten to twenty girls would be found and brought in. Year 2003 was 

marked by the assassination of Prime Minister Đinđić and the declaration of the state of 

emergency. In police operation “Saber” that followed, a large number of persons suspected 

to be members of criminal groups were arrested in connection with the assassination 

and many were direct or indirect actors in human trafficking. Although the results of 

these police actions were significant, what they have resulted in is change in the modus 

operandi of traffickers. When bars and clubs in which trafficking occurred were closed, 

exploitation moved to private flats in the suburbs of Serbian towns. All subsequent raids 

resulted in a smaller number of found and identified victims (in some reports, this drop 

in the number of identified victims is interpreted as being due to decrease in the size of 

human trafficking in Serbia) 393 . 

§ 615. In the Second Annual Clearing Point Report 2003 - 2004, it is said that as many 

as 80% of trafficking victims were found and identified by institutions (the police and 

social welfare centers), while self-referral accounts for only 20% 394 . What one should 

be aware of according to ASTRA’s database is that escape is the rarest way out from 

the trafficking chain. In only a few cases, victims successfully escaped from traffickers: in 

subsequent communication with these persons, we would learn that after having escaped, 

393 

Limanowska, B., Trafficking in Human Beings in South Eastern Europe 2004 – Focus on Prevention in Albania, Bosnia and Herzegovina, Bulgaria, 

Croatia, the Former Yugoslav Republic of Macedonia, Moldova, Romania, Serbia and Montenegro, the UN Administrative Province of Kosovo, UNICEF, 

UNOHCHR, ODIHR, 2004, p. 57. 

394 

Surtees R., Second Annual Report on Victims of Trafficking in South-Eastern Europe 2005, Regional Clearing Point, p. 527. 

212


they contacted NGOs or the Embassy. For eight years of work, ASTRA SOS Hotline has 

recorded only two cases of trafficking victims who managed to call our hotline directly 

from the situation of acute violence. 

§ 616. A certain number of trafficked persons were identified through ASTRA SOS Hotline, both 

in the first stage of reporting to SOS hotline (presumed victims) and in subsequent field actions 

where the presumed victim is confirmed or not confirmed to be actual victim of trafficking. 

ASTRA SOS Hotline was contacted for the case of a minor girl who was suspected to be a 

trafficking victim. According to information received, the girl was forced into prostitution 

and begging by her mother in their place of residence and in a nearby town. For this 

reason, the girl stopped going to school. 

The local police was notified of the case, subsequently requesting official report from the 

Social Welfare Center with regard to this and to one other girl. 

ASTRA proposed to the Center possible options for providing care to the girl. She has 

been temporarily placed in the Safe House (that work within the social welfare center in 

a nearby town) until an appropriate foster family for her was found. 

Although the Social Welfare Centre in charge has encountered indications of child 

trafficking in their previous practice, too, this was the first time they decided to take 

concrete protection measures and place the child in the shelter. 


§ 617. Indicators upon which the Agency makes/confirms the identification include: 

“documentation and transportation, exploitation, victim’s appearance and behavior, 

reliability on provided data and information and fear” 395 . Although in many presentations 

of Agency’s work it can be heard that “(…) the Agency does not make final decision on 

whether someone is a victim or not without consultations with direct service providers” 396 , 

in our opinion, it does not really use the possibility of assistance and experience of the 

NGO sector in determining whether specific situation is a human trafficking case. It 

can be assumed that one of the reasons for such practice of the Agency staff is that 

independent NGOs are critical in assessing both their own work and the work of others, 

all of this aimed at the provision of best quality victim assistance. It seems that such 

an approach has become a limiting factor for enhancing cooperation. Failure to use the 

resources of available actors, as well as the lack of capacities on the part of the Agency 

(both human and financial), sensitivity and knowledge of its staff, unclear standards in the 

identification of and dealing with trafficking victims, as well as dealing with specific cases 

395 

These indicators were also presented at the presentation of the work of the Agency for Coordination of Protection of Trafficking Victims given at 

the training for medical workers organized by the Red Cross of Serbia in June 2007, but, unfortunately, we have not received any explanation of 

these indicators based on which the appearance of the victim and the reliability of data are assessed, bearing in mind PTSD and other consequences 

of human trafficking. 

396 

Presentation of work of the Agency for Coordination of Protection of Trafficking Victims given at the training for medical workers organized by the 

Red Cross of Serbia in June 2007. 


ARTICLE 6 

instead of coordination, contribute to the poor quality of work. In such constellation, it is 

not realistic to expect that victims’ rights would be respected in accordance with signed 

and ratified international conventions. 

§ 618. At the beginning of its work, the Agency’s staff included one social worker and one legal 

specialist, who coordinated the Agency. They obtained substantial financial and experiencewise 

support, above all from OSCE Mission to Serbia in order to become sensitized and 

professionally developed for work with trafficking victims. However, OSCE Mission stopped 

financing the Agency on 31 May 2005, while the state failed to continue the support as 

planned. For this reason, the legal specialist left the Agency and from that moment, several 

psychologists, legal specialists and social workers changed on that position. Since all of them 

stayed for a short period of time, it was not possible to include them into some continuous 

education process that could bring qualitative progress to the victim assistance area. 

§ 619. On the other hand, the most often situations in which the Agency contacts NGOs 

refer to the accommodation of victims in the existing NGO-run shelters, since there is still 

no state shelter for trafficking victims, and to the costs of different forms of assistance 

needed to (presumed) victims. Yet, NGOs are often not allowed to make contact with the 

victim, but their participation is reduced exclusively to financial support in the assistance 

scheme. Although ASTRA has always responded to Agency’s request so far, believing that 

victims’ wellbeing is our ultimate interest, such an approach is in contrast to the basic 

principles of work of NGOs and shows the lack of understanding of the Agency staff for 

the role of the civil sector in society. 

In 2006, the Agency contacted ASTRA asking ASTRA’s lawyers to represent, before the 

Kruševac Municipal Court, a trafficking victim – Bulgarian national. ASTRA provided legal 

representative, but has never been in direct contact with the victim who had spent a short 

period in the shelter for trafficking victims before that. The contact has been maintained 

through the Agency throughout the whole assistance period and we can not talk about 

the referral of the victim to ASTRA, but only about using ASTRA’s funds without any 

intention of serious cooperation and long-term assistance to the client. 


§ 620. In general, NGO potentials are insufficiently used in spite of the fact that we have 

informed the Agency staff on more than one occasion of NGO possibilities and resources 

in the provision of assistance and reintegration programs to trafficking victims. For that 

very purpose, ASTRA has printed large quantities of informative materials intended for 

clients and institutions whom the Agency comes in contact with. In our opinion, it is of 

great importance to focus on Agency’s work on the coordination of victim assistance in 

future, at the same time increasing its personnel and financial capacities. By not giving 

214


consideration to other victims’ needs, besides the need for shelter, for now the Agency 

only refers clients to those NGOs that run shelters. 

In 2006, a trafficking victim contacted ASTRA SOS Hotline directly from the situation of 

violence. After successful intervention of the police of Bosnia and Herzegovina on the basis 

of information provided by ASTRA, the girl was accommodated in the Shelter, where, upon 

her own wish, she stayed for a short period of time. and returned to Serbia. When ASTRA 

notified the Agency of this case and attempted, through the Agency and competent SWC, 

to contact her, the Agency officer said that it could be understood as “running after” the 

victim. On the other hand, the girl was not identified or sheltered in the territory of Serbia 

and it was very likely that she was not familiar with assistance possibilities during recovery 

period in our country. The Agency found out from the competent SWC that they had known 

that girl from before, mostly because she was a sex worker. In spite of this and in spite of 

the fact that girl’s mother, whom she returned to live with, was most directly involved in 

her sale, the Agency officer still thought that SWC could do the assessment of living needs 

and that additional intervention was not needed. During the following month, the Agency 

officer nevertheless went to visit the girl in the town where she lived and notified ASTRA 

of that later. Based on information which the girl gave during the conversation, and which 

she confirmed to us over the phone, it was clear that this was the case of human trafficking. 

However, Agency’s assessment was that the girl only needed material assistance, because 

the victim herself stressed this as a priority. It is not known whether she was given the 

contacts of organizations that could provide direct assistance or, bearing in mind the entire 

situation, whether these contacts were given to the social worker that should have done 

the case monitoring. Although ASTRA received first information about this case and shared 

these information with all relevant actors aimed at victim assistance, at the moment when 

assistance would have been realized in the process of recovery and (re)integration, the 

Agency officer did not do the coordination and referral, but made the complete assessment 

of victim’s individual needs based on one interview. In this way, the Agency fully excluded 

the possibility of bringing the victim in contact with organizations that run (re)integration 

programs, reducing their possible involvement and the need of a person, who was sold by 

her mother and subsequently sexually exploited, to the provision of material aid. 


§ 621. In spite of numerous training seminars that were organized for state officers who 

are in direct contact with trafficking victims, where it was pointed out to the need to 

conduct interview with the victim after her/his first recovery from the trip and with a 

tone which is appropriate to the relation with the victim (client) and in no way from 

the position of power, oversights still occur. Numerous prejudices are still there, too, 


ARTICLE 6 

including the doubt whether they are victims at all. Thus, it happens that the Agency staff, 

forgetting their main role of coordinating victims’ protection, after receiving information 

about a specific victim, go with the anti-trafficking police team inspector to the airport 

and interview that person at the airport for several hours, in inappropriate premises, 

whereby the person in question has been already identified as victim in the country of 

destination. This could be quite exhausting after the previous traumatizing experience 

and certainly does not contribute to the building of a relation of trust with the victim 

which is necessary for future cooperation. Therefore it does not surprise that, after such 

interviews, the majority of victims refuse assistance offered to them, wishing to leave the 

airport as soon as possible. 

In January 2006, an underage citizen of Serbia, identified in Italy, was repatriated to 

Serbia. An ASTRA representative and two employees of the Agency for Coordination 

of Protection of Trafficking Victims waited for the girl at the airport. The contact with 

the girl has been established immediately after she has entered the airport building and 

communication continued in one of the rooms at the airport. ASTRA representative 

complained because the room was inappropriate for interview: it looked like a storage 

space for unused desks and chairs and it was not possible to sit properly for conducting 

the interview. Moreover, the air in the room was stale. It was obvious that the room was 

not used for a long time and that it was not prepared for usage. To ASTRA’s objection, 

the Agency’s psychologist suggested that the interview could be done at the police or on 

Agency’s premises. ASTRA representative warned that it was in no way desirable to take 

the child to the police, while the other staff member said that there was not enough time 

to organize their going to the Agency. 

After everyone shortly introduced themselves, one Agency officer started asking a series 

of questions about girl’s departure for Italy, crossing the border and other details that had 

nothing to do with assistance that should have been provided to the girl. This part of the 

interview completely resembled police questioning. Finally, the girl said that she wanted 

to go home as soon as possible. However, at that moment a police officer came who 

showed ASTRA and Agency representatives into the room which was used by the airport 

police. He also wanted to ask the girl about her trip, people who took her away and who 

she met in Italy and the like. Since she already told everything to the employee’s of the 

Agency, the girl refused to continue answering the questions because she did not “want 

to repeat the same things twice” and she “told everything minutes ago”. The interview 

started at 12.40 and ended at 13.57 o’clock. 


§ 622. In contrast to the basic role of the Agency for Coordination of Protection of 

Trafficking Victims, where the protection of (presumed) victims’ human rights should 

216


represent a strong component, its staff has never attempted to oppose the representative 

of other NGOs or institutional bodies in situations when basic human rights and the 

rights of trafficked persons were compromised. In our opinion, conformism and the 

avoidance of confrontation with those who violate victims’ rights represent Agency’s 

modus operandi in this very sensitive field. Although we believe this is only a temporary 

phase that could be improved through more successful education, currently it results in 

not always satisfactory treatment of presumed victims and inadequate protection for 

which both material and partially human resources have already been developed. 

While the Mobile Team was operational in 2004, ASTRA participated, together with the 

Agency, in the identification or the provision of certain sorts of assistance to 16 trafficking 

victims. However, when the Mobile Team was cancelled, the Agency considerably changed 

its attitude towards ASTRA, which can be illustrated by the number of victims the Agency 

referred to ASTRA: two in 2005, three in 2006 and five in 2007. In 2008 ASTRA did not 

have any referral from the Agency. Seven victims were referred in 2009 and two in 2010. 

More specifically, a total of 10 trafficking victims were referred to ASTRA in these three 

years, which is 62.5% of victims referred in the first year of cooperation (2004). This is 

in no way proportional to the number of victims which the Agency identified. Since the 

number of organizations - service providers did not increase in this period, it cannot be 

used as an explanation for such lack of cooperation. 

Another illustration of the (absence) of cooperation is a case from 2007, when ASTRA 

was contacted to provide legal assistance in the proceedings that took place in a town in 

southern Serbia, in which a trafficking victim participated as a witness-injured party. In 

addition to the fact that the victim was not referred to ASTRA and we did not have contact 

with her, the Agency officer categorically said over the phone that no one from ASTRA 

could go with them and the victim to the trial and that there was no need for that. Also, 

probably provoked by such request, the Agency officer said that because such requests 

to do the monitoring during the provision of assistance (although without insisting on 

the establishing of direct contact with the victim to whom assistance is provided), she 

would not come to ASTRA any longer. Such an attitude seriously compromises the right 

of victims the Agency is in contact with to get adequate assistance and to be informed 

about the options at all. In this specific case, ASTRA provided legal assistance in next 

three trial sessions until the judgment was made. It is important to stress that ASTRA’s 

representatives did not attend any trial session or directly contact the victim. 


§ 623. The Agency runs two data bases: a database of assistance provided to identified 

victims and a database of the institutions, organizations and professionals who can 

provide specific sorts of assistance to trafficked persons. Data which the Agency obtain 


ARTICLE 6 

at identification and later, in the process of coordinating victim assistance, are kept in the 

first database. 

§ 624. The problem of technical nature which should be certainly resolved concerns the 

location of the Agency. Namely, since it has been founded, the Agency works on the 

premises of the Institute for Upbringing of Children and Youth in Belgrade. The nature 

of work of both the Institute and the Agency is rather specific. Specific characteristics of 

work with (presumed) trafficking victims require a separated location which would meet 

basic criteria for contact with a trafficked person. Moreover, in 2004, the US Embassy, at 

ASTRA’s and OSCE Mission’s initiative, donated to the Agency a car (Opel Sintra) which 

is not used by the Agency, but for other purposes. During 2005, the Agency had been 

transporting the victims by taxi until the moment when the Institute placed at Agency’s 

disposal the car and the driver whenever they requested. 

§ 625. As far as repatriation of trafficked persons is concerned, the state has left this area, 

primarily because of its costs, to the International Organization for Migrations. After they 

spend some time in the shelter and after their travel documents have been prepared, 

foreign nationals are most often repatriated to their country of origin. 

§ 626. One of the strategic goals defined in the Strategy to Combat Trafficking in Human 

Beings in the Republic of Serbia is the prevention of secondary victimization of victims/ 

witnesses by state bodies through respecting consistently the victims’ human rights, 

enabling efficient protection and effectively informing the victims about their rights. 

In addition, the Strategy foresees the creation of long-term programs of protection 

and reintegration of trafficking victims aimed at the provision of psychological support, 

assistance and protection to all trafficking victims regardless of their willingness to 

cooperate with authorities, enabling the continuance of schooling and professional 

development, finding adequate accommodation and finding out the possibility of 

receiving monthly compensation in the process of (re)integration. 

§ 627. Since the beginning of the provision of assistance to trafficking victims, all victim 

assistance costs have been covered from foreign donations. The budget of the Republic 

of Serbia does not have a budget line allocated for direct assistance to trafficking victims, 

but only one-time allocations have been made several times. In June 2006, the Ministry 

of Labor and Social Policy signed the agreement with the Austrian Embassy in Serbia 

and NGO Counseling Center against Family Violence (which ran until October 2010 the 

shelter for trafficking victims). According to this agreement, the Ministry donated to the 

Shelter EUR 75,000 of the total amount of EUR 289,000 which was the value of the 

project to be implemented in the next three years 397 . The Austrian Government undertook 

to continue financing the shelter through its development agency in the remaining part of 

the project. Transparency and security, long-term financing of victim protection projects, 

in particular those associated with shelters, would certainly contribute to better quality 

397 

The news taken from the website of the Government of Serbia on 14 June 2006 http://www.srbija.gov.rs/vesti/dokumenti_sekcija.php?id=42956 

218


of provided assistance, including long-term engagement of victim assistance staff. Also, 

to improve the work, the mentioned projects would have to be regularly evaluated by the 

donors, especially if Serbian government appears as the donor. 

III.3.2.3.5. Counseling and Information Regarding the Victim’s Legal Rights 

§ 628. Since the referral mechanism in Serbia is insufficiently developed and without 

clear procedure, it is hard to establish what is the first point where the victims get 

information and how comprehensive and quality this information is. The fact is that 

a large number of victims are not informed about all the rights they are entitled to. 

Sometimes it depends on victim’s cooperation with the authorities, above all the police, 

whether she/he will be offered assistance. Some of the victims who had the first contact 

with the Agency for Coordination of Protection of Trafficking Victims said that they did 

not obtain all information of available forms of assistance or that information provided 

were incomplete. 

On more than one occasion ASTRA SOS Hotline has received calls from persons who, 

having escaped from the trafficking chain, were trying to realize their right to different 

forms of assistance. Already in our first conversation we would find out that they had 

been in contact with the Agency for Coordination of Protection of Trafficking Victims 

earlier, but did not get information about ASTRA and assistance available through its 

programs. They learned about ASTRA from the members of other NGOs whom they 

approached in search for support. 


§ 629. The Agency is not supposed to provide specific forms of assistance to (presumed) 

victims of trafficking, but only to give information about victim assistance providers. It is 

important to stress here that besides ASTRA, only NGO Atina can provide free legal aid 

by lawyers sensitized for work with trafficking victims. The Shelter used to provide legal 

assistance only to its residents. This is all of free legal aid available to trafficking victims 

not only in Belgrade, but in the whole territory of Serbia. 

§ 630. However, the Agency’s employees rather opt for personally accompanying the 

victim during the court proceedings, although they do not have formal legal education to 

provide professional legal aid and counseling. Moreover, the existence of a mobile team of 

organizations specialized in the problem of human trafficking would enable representation 

in every town in Serbia, which is, depending on the organization, a possibility that is rarely 

or even never used. 

§ 631. As far as informing the victims of their legal rights is concerned, the above said 

about free legal aid should be borne in mind. Namely, trafficking victims obtain free legal 


ARTICLE 6 

advice from legal specialists and lawyers who are engaged by NGOs and not from state 

agencies. Besides information about their rights, legal consultations with the lawyer, 

representation in criminal proceedings where victims appear as witnesses/injured parties, 

NGOs also provide representations in civil actions for the compensation of damages, 

where victims are mostly referred to after the completion of criminal proceedings. These 

lawyers also represent victims in other civil and non-contentious proceedings which are 

of key importance for rebuilding their lives, but which they would not be able to afford. 

If we have a look at the number of legal assistances which ASTRA provided to its clients 

in the period 2002-2010, we will see that there is a need for this form of assistance to be 

provided by the state. Namely, during the previous period, ASTRA provided legal aid nearly 

300 times, which means that one legal aid intervention was provided every 10 days in the last 

eight years. In addition to informing trafficking victims about their rights, this also included 

legal consultations, contract analyses, representation in criminal, civil and non-contentious 

proceedings, etc. This shows a clear need for the introduction of such forms of free legal aid. 

According to the Report of the Free Legal Aid Fund 398 , which was at that time considered to 

be a starting phase for the introduction of this system in our country, the greatest number 

of legal aid interventions which the citizens required from competent authorities referred to 

primary legal aid, such as advice, information and simple petitions. Since human trafficking 

is a serious problem and very often the problem connected to organized crime, it cannot be 

expected that trafficking victims will be included in this legal aid scheme. Hence, NGOs will 

remain the only source of legal assistance to trafficking victims. 

ASTRA Database, Statistics for the period 2002-2010 

§ 632. Some NGOs, because of the lack of resources, do not hire lawyers to represent 

the victims in court proceedings, but only provide legal consultations. This is certainly 

insufficient, bearing in mind the seriousness of the trafficking offence and psychological 

and physical state of the victims. On the other hand, the Agency has failed to react in 

such situations and engage the lawyers of other NGOs. Namely, coordination, which is 

the primary role of the Agency, has not been achieved. 

In 2006, the girl who was accommodated in the shelter for trafficking victims went several 

times, in the company of the Agency officer, to court to give her statement. Although 

formally all shelter residents have access to free legal aid, shelter’s lawyer was not present 

at any session, because of which legal support and aid was not effectively ensured. As the 

Agency was notified of this in the last second, it was not possible to hire the lawyer from 

another NGO. 

Legal advice or information on legal matters was not possible in such circumstances (the 

398 

Report on Work of the First Partners of the Legal Aid Fund, UNDP, Serbia, 2008. 

220


Agency officer in question is a psychologist and not legal specialist). Also, such treatment 

meant that the victim did not have support from the person who was familiar with the 

legal system, which is imperative in work with trafficking victims throughout the entire 

court proceedings. Court proceedings in connection with trafficking in human beings 

always have manifold negative impact on trafficking victims and represent the form of 

secondary traumatization. For this reason, the victim should be ensured representation 

by sensitized lawyers throughout the entire proceedings. 

Minutes from the meeting of the Group for Direct Assistance to Trafficking Victims 

held on the premises of the Agency for Coordination of Protection of Trafficking 

Victims on 7 February 2002 

§ 633. It should be mentioned that this legal aid is free for victims, but not for NGOs 

who engage the lawyers and pay them according to the Pricelist of the Belgrade Bar 

Association or employ lawyers who provide this service. 

§ 634. Moreover, many victims who lived in the shelter claimed that they did not have 

timely information about court proceedings, their legal status or when they would be 

allowed to return to their country of origin, which additionally increased their anxiety. 

§ 635. Here we should also discuss victim’s right to be informed about his/her rights in 

the language she/he understands 399 . Trafficking victims who were foreign nationals most 

often had contact with the Section for Aliens of the Belgrade Police Department. Due to 

specific nature of their work, police officers employed there speak foreign languages or 

engage professional interpreters. Also, during court proceedings, presiding judges usually 

ensure the interpreters so that the victim could communicate with the court and answer 

the questions. 

§ 636. Still, there have been examples that state authorities failed to ensure the interpreter 

for the victim or called the interpreter only when they needed information and not when 

the victim had a need to communicate in her/his language. 

One of the first actions of the Mobile Team (ASTRA and the Agency for Coordination 

of Protection of Trafficking Victims) was the identification of three girls. The girls were 

Romanian nationals who were found in one motel east of Belgrade. Since in the first 

contact they said that they did not understand Serbian, ASTRA representative required the 

interview to be stopped and to wait for certified interpreter. The Agency’s representative 

refused, saying that “all of them understand Serbian, they just pretend”. Team members 

got into an open conflict, but thanks to ASTRA representative’s persistence, the girls were 

provided with the interpreter in the Shelter. 


399 

It is interesting that the new Asylum Law (Official Gazette of RS, no. 109/2007), in Article 11 provides for free of charge interpretation in the 

language of the country of origin, i.e. the language the person in question understands. This obligation refers to the use of sign language and 

availability of materials in Braille and other appropriate formats. 


ARTICLE 6 

In November 2004, a 12-year old Iraqi national was placed in the shelter for trafficking 

victims. Since she spoke only Arabic, the interpreter was provided right away. The 

interpreter was the professor of Arabic language at the Belgrade University Faculty of 

Philology. Her assistance in establishing communication with the girl developed on several 

levels. During the first days of girl’s staying in the Shelter, it was agreed with the staff 

that the professor would come any time either the girl or the staff needed her for formal 

conversation that would provide data necessary for further planning or the assessment 

of the situation. Also, the professor was permanently available on her mobile phone, i.e. 

any time during the day when it was necessary to translate something. Shortly after the 

girl had arrived to the Shelter, the professor started giving the girl Serbian lessons several 

times a week. Since the girl had the basic knowledge of English language, which was 

insufficient for communication, but it was a good starting point, the girl simultaneously 

studied English. Soon after, both her Serbian and English vocabularies were improved 

in such a way that she was able to communicate with the staff and other resident. It is 

important to stress here that the interpreter was initially hired primarily to enable the 

staff communicate with the girl and learn basic information about her and her needs. It 

was only at the initiative of the professor, who agreed to be available non-stop for the 

best interest of the girl, that the possibility of establishing constant and independent 

communication with the girl was taken into consideration, so that she would not be 

completely isolated given the fact that she was not allowed to leave the Shelter. The 

professor/interpreter provided her services for the most part free of charge, wanting only 

to help the girl to adjust better in a foreign country and in a completely new and for a 

child of her age unusual circumstances. She recognized the girl’s needs which were not 

foreseen in the work of Shelter and which the Shelter staff did not observe as relevant. 

We should look at the implications of the girl’s studying Serbian at the Shelter. Namely, 

from the moment of her identification, the girl showed strong resistance towards 

reconnecting with her parents and returning to Iraq. For her, studying Serbian was a sign 

that her staying was not in question and that she was getting prepared for living in Serbia. 

The arrival of her family, which she was not notified of until the moment she met with 

them in Belgrade, and her quick return to Baghdad, were certainly in contrast to her 

expectations. At the same time, persons who were linked to the question of her staying in 

Serbia and whom she was in contact with, were encouraging her to study Serbian and to 

joint various activities, in which way they indirectly confirmed her expectations. On the 

other hand, during her staying in the Shelter, no measures were taken to create conditions 

for her staying in Serbia. In this way, due to inappropriate understanding of child’s needs, 

the girl was given a false hope that her wishes will be respected. 


222


In October 2006, at the meeting of the Agency for Coordination of Protection of 

Trafficking Victims, it was agreed that ASTRA would try, through the Danish Red Cross, 

to find the brother of a girl who lived at that moment in the shelter for trafficking victims. 

Since this was an Albanian girl from Kosovo who only spoke Albanian, she was provided 

with the interpreter on several occasions when she had meetings on Agency’s premises in 

connection with search for her brother. To our knowledge, she was preparing to go to her 

sister’s at the end of December, because her brother, whom we managed to contact with 

in the meantime, was not in situation to take her, although she was still in the Shelter at 

that time. 

It is indicative that during three months, which is the shortest period of her staying in the 

shelter according to the available data, the staff did not have any verbal communication 

with her. Besides several times when she went to the Agency, the interpreter was not hired 

for counseling, informing her on any issue or providing some form of assistance which the 

Shelter offers to trafficking victims. If during three months of her staying in the closedtype 

shelter a trafficking victim or a person who suffered any form of trauma is not able 

to communicate verbally, due to language barrier, with persons from her environment, 

it is obviously not the treatment that is in accordance with basic principles of humanity. 


III.3.2.3.6. Medical Assistance 

§ 637. It is well known that trafficked persons have the experience of physical and 

mental abuse resulting in physical injuries and (long-term) mental problems – they often 

suffer the consequences of physical/sexual violence, alcohol and drug addiction and 

psychological traumas. As a rule, trafficking victims need urgent medical and psychological 

assistance immediately after escaping from the situation of trafficking. Such a need exists 

also throughout the whole period of recovery, which usually begins in the country of 

destination and continues in the country of origin, and may take years. Psychological 

assistance should be inclusive and flexible to adequately respond to the needs of every 

individual client. This is upon which the shape and duration of assistance programs should 

be determined throughout a long period of recovery. 

In mid-January 2003, a Moldovan national was put in the Belgrade Emergency Medical 

Center because of serious spinal injury which she sustained after she tried to climb down 

the balcony of the flat in which she had been sexually exploited for 15 days. Although 

she was not critical, it was certain that this young woman and a mother of two would 

stay paralyzed unless money for her surgery were found. For a couple of days, intensive 

communication took place between all relevant local and international organizations that 

could bear the costs of the surgery. 


ARTICLE 6 

In the end, IOM covered the costs and the surgery was successful. The woman was 

returned to the shelter for trafficking victims already on January 27, where she was 

recovering following doctors’ advice. 


§ 638. With regard to medical assistance, it should be borne in mind that it includes 

not only emergency medical assistance provided at the first contact, i.e. after the victim 

gets out of the trafficking chain, but also assistance that is provided in later stages of 

recovery. Besides medical assistance in treating the most common problems faced by 

trafficking victims (gynecological, dental, internal, ophthalmology…), they also need 

psychological and sometimes even psychiatric help. All these sorts of medical assistance 

are provided thanks to NGO donations. Theoretically, domestic citizens who are 

identified as trafficking victims and who have medical insurance can ask for assistance in 

public health institutions. However, in practice, in fear of institutions, they would rather 

approach NGOs for help. Foreign nationals, either for language barrier or for ignorance, 

rely exclusively on NGOs. Most often, medical assistance is rendered in private clinics, 

when for administrative reasons or for the absence of free terms, this cannot be done in 

public health institutions. 

§ 639. The issue of adequate psychological assistance to trafficking victim is often raised 

at the meeting of the providers of direct victim assistance. The patient’s medical records 

are often poorly kept, which would later present a problem for both doctors in the country 

of origin and judicial authorities in the destination countries where criminal proceedings 

most often take place. 

In January 2003, a Moldovan national had a spine surgery at the public health climatic in 

Belgrade (see the previous example). She recovered successfully and, after she testified 

against the perpetrators who were one of the links in a large human trafficking chain, she 

was repatriated to Moldova. 

In July 2004, an ASTRA employee traveled to Moldova for business. She used the 

opportunity to meet with the client, who complained of severe pain and informed us that 

Moldovan doctors feared that her lower extremity muscles might atrophy. She asked us 

to find a medical report on her surgery in Belgrade which was necessary for her further 

treatment and possibly for another surgery. 

However, the entire procedure in Serbia lasted for several months. The main problem 

was that the patient was a foreign national whose medical costs were covered by an 

international organization. The hospital kept requiring additional documents and 

postponing the issuance of the paper which should have been an integral part of the 

medical records. Although the patient officially addressed the hospital in Belgrade, both 

224


personally and through the international organization which paid for the surgery, the 

findings and records of the surgery were never delivered to her. 


§ 640. To our knowledge, no state institution which have the capacities to implement 

such program within the scope of its work have ever offered psychological assistance 

to trafficked persons, nor are there specialized programs targeting this population. The 

Agency is supposed to coordinate the provision of psychological assistance to trafficked 

persons, but not to be the service provider itself. Ever with such a tiny role in the provision 

of this form of assistance, the Agency acts passively. 

§. 641. The shelter for victims of human trafficking within the Counseling Centre against 

Family Violence did not have permanently employed psychologists, but they came to 

visit once or twice per week or as needed. The work was mainly individual, and therapy 

was not implemented continuously. 

The shelter for trafficking victims provides psychological assistance to all its beneficiaries, 

more specifically, “a team of psychologists and psychotherapists help the shelter residents 

overcome their trauma and post-traumatic period”, as can be read on the website of the 

Counseling Center against Family Violence which runs the shelter 400 . 

However, girls who spent some time in the shelter and used its services said that 

psychological assistance was primarily reduced to the provision of medicamentous 

therapy. Support and individual counseling are not part of the activities which take 

place there. On the other hand, besides one psychologist, it is not known who 

would be the members of the team for this kind of assistance as mentioned on this 

organization’s website. 

ASTRA’s client, to whom ASTRA continued to provide psychological assistance during 

two years after her departure from the shelter and who is today very successful and 

functional person, was very often saying that she did not receive expected assistance 

from the psychologist at the shelter: 

“… she is so arrogant that I could not talk with her at all. We maybe talked only once or 

twice while I was at the shelter…I felt like a guinea pig. It seemed as if she was asking the 

questions out of curiosity, just to hear about everything I have been through. I have never 

felt that she understood how I felt, how hard it had been for me back then… And it was 

horrible. Support and real help would have been very helpful for me during that period…” 

It is not unrealistic that the psychologist in question had a specific therapeutic approach 

which did not fit the client, but it certainly cannot be true for all similar statements 

we got from other shelter’s beneficiaries. Besides an introductory interview, when the 

psychologist was taking data from the victims for the anamnesis, they did not have any 

400 

http://www.savetovalisteprotivnasilja.org/active/sr-latin/home/aktivnosti_v01/skloniste.html 


ARTICLE 6 

professional psychological support. Instead of therapeutic sessions, the assistance in this 

area was based on medicamentous treatment, mostly of acute symptoms. 


§ 642. Mentally challenged or psychologically changed victims are particularly neglected. 

Only in a few cases a psychiatrist was engaged. Although they were accommodated in 

the shelter, they were soon referred to specialized institutions, for which it should be 

borne in mind that are equipped rather poorly, while medical staff there is not trained to 

address the needs of trafficking victims. Moreover, there has not been any initiative for 

alternative programs for such victims. 

In 2004, the Shelter admitted a young woman (35) who was sold by her partner for sexual 

exploitation. In addition to her poor physical shape – she had a STI, unwanted pregnancy, 

stomach problems, etc. - it was found that the client had been schizophrenic since the age 

of 18 and that she was occasionally hospitalized in one psychiatric hospital in Belgrade. 

Although the Shelter formally provides psychological and when needed psychiatric help, 

besides psychiatric medicamentous treatment that was prescribed upon her arrival and 

was regularly purchased from then on, no subsequent check-ups were performed nor did 

the psychiatrist talk with her to assess her psychological condition later. This is important 

to know bearing in mind that this is a closed-type shelter with collective accommodation 

and at least three children (age 11-14) were living there at every moment of her staying . 

Since her condition changed over time, i.e. the staff observed prolonged periods of 

psychological anxiety and motor hyperactivity, several times they called the psychologist 

who was occasionally visiting the shelter. Unfortunately, after numerous calls to do 

something, since victim’s condition deteriorated dramatically, the psychologist in 

question gave the following answer: “Let her go totally insane and then we will arrange 

the hospitalization”. 

Short time after this conversation, the victim was showing weaker and weaker control of 

her impulses and after she verbally threatened to other residents of the Shelter, she was 

taken to the Emergency Medical Center. After a few days, she was sent to long treatment 

in the psychiatric institution in Padinska Skela. The doctor who admitted the victim said 

to the Shelter employee: “Why have you waited for so long?”. 

The described inadequate treatment of the victim during her staying in the shelter directly 

resulted from the absence of sensitized staff that has specialized training for work with 

trafficking victims who are psychologically changed. 

From the conversation with the employee of the Shelter for Trafficking Victims in 

Belgrade, September 2004 

226


§ 643. We should certainly mention the Institute for Forensic Medicine in Belgrade as a 

positive example of victim assistance service. The staff of the Forensic Medicine Institute 

has a long-standing cooperation with NGOs that deal with the problem of violence in 

general. An advantage of this institution is that its findings are admissible in court and the 

victim does not have to undergo medical examination all over again for trial purposes once 

she/he has been examined at the Institute. The staff of the Institute for Forensic Medicine 

which is sensitized and trained for work with victims of all forms of violence, carries out 

clinical examinations 401 in order to obtain high quality and complete documentation 

needed for forensic expertise. According to the research, the documentation on the 

examination of victims of violence is poor and incomplete. Consequently, in some court 

proceedings it is not possible to draw reliable conclusions (e.g. regarding the mechanism 

of inflicting injurious or when the injury was inflicted). The Institute for Forensic Medicine 

is pointing to the importance of developing the center where the victims who have 

got injured in a violent event would be referred and where they would be examined at 

the request of the police, the judiciary and NGOs, but also at their own request. The 

police and judicial authorities refer victims of all forms of violence to the Institute for 

Forensic Medicine so that they could be provided with adequate health services, as well as 

medicinal and photographic documentation appropriate for the court proceedings. 

§ 644. In March 2004, an examining room for the victims of violence was set up 402 and 

in one-year period 37 examinations were done. There are 17 forensic medicine doctors, 

two biologists at the DNA lab and one toxicologist working at the Institute. Based on the 

analysis of court records from the Belgrade District Court and on medical documentation 

of 113 rape victims, it has been found that only in one fifth of cases the doctor wrote 

down the anamnesis, while the description of injuries in only 9% of cases met the criteria 

advocated by forensic medicine doctors. As little as 45% of the analyzed findings were 

satisfactory, while the photographs were not taken in any case. Therefore, although those 

victims received good health service, they were not provided with valid documentation, 

which is one of the most important pieces of evidence in court proceedings. 

§ 645. Problems which trafficking victims are most often faced with in medical institutions 

are the ignorance of medical workers regarding the problem of human trafficking or the 

lack of sensitization for the problems victims are suffering. This is additionally illustrated 

by the fact that since the beginning of work of ASTRA SOS Hotline to date, we have not 

received any report of a presumed human trafficking case by a medical doctor or other 

medical professional. On the other hand, almost all victims testify of having had medical 

assistance which the trafficker provided and paid for 403 . 

401 

These services are charged according to the official price list. 

402 


403 

That is why in 2005 ASTRA started the first trainings for medical doctors and health care professionals. 


ARTICLE 6 

At the beginning of February 2006, the girl who was several years earlier identified as 

trafficking victim called ASTRA, asking if one of SOS consultants could go with her to the 

gynecologist at the health center. She said that some time ago she had been raped and 

robbed at her own home. We had known from before that she lived alone and that the 

house was inappropriate for living (no bathroom, kitchen or heating). She reported the 

case to the police, but did not go to see the gynecologist yet. 

Before the examination, the SOS consultant introduced the doctor into information 

relevant for the case, in particular that the girl had had the experience of sexual violence. 

However, having done the examination, the doctor asked to talk again with the consultant 

and started by saying: “Don’t bring her here again”. She explained that the girl was 

neglected both in terms of health and hygiene and that she refused to do the examination 

in such circumstances. She also asked whether our client was sex worker. It was explained 

to her that the girl lived in very inadequate conditions and that severe infection resulted 

from the abuse she suffered which was not immediately medically treated. 

The control check-up after the end of the treatment and subsequent check-ups were done 

at the private clinic with whom ASTRA has signed a memorandum of cooperation and 

which doctors are sensitized for working with highly traumatized persons. 


§ 646. Victim’s right to information on her/his health status, including her/his HIV status, 

is the issue that requires special consideration. Unfortunately, HIV and STD testing for 

trafficking victims is not regular practice in Serbia. 

§ 647. Moreover, the protection of privacy of victim’s health data is very often a 

questionable issue. Hence, due to prejudice and general ignorance of the staff in state 

institution, but also in some NGOs, victims are discriminated against and victimized. 

At the beginning of 2006, ASTRA’s client who suffers from Turner Syndrome was admitted 

to one home for mentally challenged persons. This admission required enormous 

eagerness and coordination with competent social welfare center. 

Since the girl had been previously diagnosed with Hepatitis B, the staff of the home 

agreed to admit her only temporarily, but refused to ensure any durable solution. When 

ASTRA team went for a visit in mid-February, we were informed that her further staying 

was seriously questionable. This was because the girl allegedly did not fit into the profile 

of their beneficiaries, since she was only lightly mentally challenged, while the home was 

intended for more serious patients. In addition she had Hepatitis B, which, alongside the 

kidney infection the girl also had, required constant medical supervision, which was not 

possible to ensure there. 

However, it turned out that essential problem was that the information about her 

Hepatitis B status “leaked” and the whole village – the majority of the staff live in that 

228


village – was in fear that the infection would spread. It is not known how something that 

should be confidential medical data turned into public information. However, in spite 

of dramatic violation of ethics in the treatment of home’s beneficiaries, emphasis was 

put on the fact that the girl did not meet criteria for admission in that specific collective 

accommodation and that the safety of both beneficiaries and employees was seriously 

compromised. The girl was isolated in an inadequate room, where she lived with another 

home resident because “they could not isolate her completely”, as the home director said. 

The situation was the same in March: the girl was still isolated, which she had difficulties 

to cope with. Fear of epidemic was still very strong, although ASTRA representatives tried 

again to explain to the staff – which, by the way, should have certain medical knowledge 

– that with minimum precaution measures this type of Hepatitis was not contagious 

because it could be transferred only through the exchange of bodily fluids. 

At the end of May, the girl was tested once again. When it was confirmed that the type of 

Hepatitis B which she had was inborn and inactive, she was released from isolation where 

she spent 4 months. 

It was as late as in early June that we were informed by the Agency for Coordination of 

Protection of Trafficking Victims that the social worker from the competent social welfare 

center called to say that the girl could stay in the home. 

Today, she is one of the favorite beneficiaries, very active in their cultural programs. 


§ 648. The reaction of those who come in contact with trafficking victims and the 

financing of medical treatment of ill victims are special issues. The same problems are 

generally experienced by persons infected with STDs and HIV/AIDS in Serbia. 

§ 649. In this area, ASTRA has excellent cooperation and positive experience with the 

Students’ Policlinic in Belgrade, which provides free and anonymous HIV/AIDS and 

Hepatitis B and C, with pretest and post-test counseling. 

III.3.2.3.7. (Re)integration 

§ 650. In view of everything said about employment, educational and training 

opportunities in the Legal Analysis of Article 6 (3), and having in mind the significance of 

economic empowerment in the (re)integration of trafficking victims, we may conclude 

that this area is still in its early stage of development and that only NGOs provide such 

assistance in Serbia. Again, other countries in the region do not have many positive 

examples and good practices of reintegration, either. 

§ 651. The (re)integration of trafficking victims in Serbia is often confused with recovery 

and is not approached as the process which requires the involvement of different state 

authorities because of its duration and because of the experience of professionals in 

institutions which may be used for the (re)integration of trafficked persons. Although the 


ARTICLE 6 

list of problems is much longer and without going into the reasons for such an approach, 

we are of the opinion that (re)integration in practice is without good reason equalized 

with recovery. If state institutions are pursing such policy, NGOs must not be satisfied 

with that, accepting the lack of findings as an excuse for not working 404 . 

§ 652. Having in mind that economic (re)integration is also important in terms of the 

prevention of recidivism, it should be stressed that financial assistance in the emergency 

phase does not exist. As for institutions, only social welfare centers, which work within 

the Ministry of Labor and Social Policy, have possibility to give one-time material aid to 

their clients. Formally, this means that only domestic nationals may be the recipients of 

this aid; more precisely, only domestic nationals with permanent residence in specific 

municipality. Even in such cases, this procedure may take time, which certainly does not 

constitute it as an emergency help. Moreover, social welfare centers may offer longterm 

material aid if the beneficiary, besides the above mentioned condition, fulfills other 

conditions, e.g. that his/her monthly income does not exceed certain threshold which is 

determined relative to statutory minimum wage in the Republic of Serbia. 

§ 653. As far as NGOs are concerned, to our knowledge, financial assistance is the rarest 

form of assistance offered to trafficking victims. An enormous obstacle is the lack of 

understanding on the part of donors with regard to this type of costs. Only sporadically 

budget lines regarding emergency fund are approved. 

On several occasions, when it was necessary to provide living necessities (food, hygiene, 

clothes) and medications for trafficked persons, ASTRA would pay agreed amount of 

money to the account of the social welfare center in charge which would be spent for 

that specific purpose. This has turned out to be very good practice in cases when prompt 

reaction was necessary. 

ASTRA data base ID 2590 

§ 654. A basic prerequisite for the provision of assistance and for subsequent successful 

(re)integration is client’s consent. This also applies to psychological assistance. Trafficked 

persons often refuse any assistance immediately after they have got out of the situation 

of violence, but they come back after a few months or a few years. It is important to 

emphasize that the victim is entitled to assistance at that time, too. However the 

Agency for Coordination of Protection of Trafficking Victims takes this initial refusal for 

granted and often use it as an excuse for its own passiveness, without bothering to learn 

something about the psychology of trauma and about mistrust which all victims have 

in contact with institutions. This is up to the assessment of the very person in question 

whether he/she is capable of coping with that experience her/himself or not, whether 

404 

If we calculate the costs of this project per client, they are EUR 1000 annually, which leaves room for NGOs to lobby their governments for 

reintegration funds for trafficking victims to be allocated from their state budgets. 

230


her/his coping mechanisms are effective and efficient or not. All coping mechanisms 

which contribute to the integration of client’s personality, psychological benefit and his/ 

her better functioning in the outer world are always supported whole-heartedly. 

§ 655. In 2005, ASTRA, in cooperation with UK organization “Women to Work”, carried 

out a pilot economic empowerment program for trafficking victims. The program was 

based on mentoring system, which is still not very often in Serbia. This program, besides 

support, gave our clients knowledge on how to start up a SME. However, some excellent 

business plans could not be implemented in reality because banks require a real estate 

or other valuables as a collateral for the loan, which trafficked persons in the majority of 

cases do not possess. 

§ 656. In direct contact with trafficking victims, we have learned that (re)integration is 

a long-term process that requires comprehensive approach and cooperation of all actors 

involved in the provision of assistance, both governmental and nongovernmental. To 

achieve this, ASTRA extensively uses all contacts it has with institutions and international 

organizations, and with regional and international networks established in the previous 

period, but it also participates in building new ones. The reality of our clients shows that 

they are often suffering PTSD, hard economic situation, complicated family relations, 

interrupted education process, unemployment, legal invisibility in the system, difficulties 

in realization of their basic rights, lack of free health services. 

§ 657. (Re)integration programs must constantly be changed and adjusted to the clients’ 

needs and not be rigid and all-purpose On the other hand, rapid involvement of the 

state institutions is necessary, not only because of state funds, but also because of the 

experience and expertise that professionals from institution have in their fields. 

§ 658. When we talk about the cooperation among countries, we are usually focused 

on police cooperation and prosecution. Invaluable for the process of (re)integration is 

cooperation and exchanging the information between NGOs and institutions from the 

destination and source countries. These pieces of information sometimes could be crucial 

for the recovery of the victims and further reintegration process. 

§ 659. The lack or non-efficiency of complementary (re)integration programs makes our 

work much harder. For example, there are no alcohol and drug rehabilitation programs or 

resocialization programs for convicts after they have served their sentence. Also, for the 

(re)integration of trafficked persons, it should be remembered that one number of clients, 

as well as some social groups, have never been really integrated into society. In such cases 

we may speak only of integration, which is again associated with specific difficulties. 

In 2007, ASTRA came in contact with a young man who was identified as a trafficked 

person for the purpose of forced begging. This case was specific because the client was 

a person with disability (he lost his both arms in an accident when he was 15). Feeling 


ARTICLE 6 

rejected and useless, he was accepting various job offers, trying in this way to satisfy other 

people’s wishes and expectations. He though that others would accept him better in this 

way and that he would fit in more easily as less discriminated and more useful member 

of both his family and society as a whole. What made his situation additionally difficult 

is evident absence of adequate social welfare measures that would enable him to satisfy 

his own needs and his desire for self-expression through some form of activity. In this 

specific case we cannot talk about reintegration, since previous integration did not exist 

or its quality was unsatisfactory. 

The young man was recruited for human trafficking by a neighbor who was familiar with 

his situation. The neighbor recognized our client’s needs and found a way to exploit him, 

giving false promises and offers of friendship and support, which in the end turned out to 

be only a manipulation designed to win boy’s trust in order to push him more easily into 

many years of exploitation and torture. 

After having got out of the trafficking chain, this young man has been faced with double 

difficulties in the process of (re)integration: as a person with disability and as a trafficking 

victim. The lack of adequate measures for handling any of these problems only added 

to already difficult situation. Besides having to cope with the trauma caused by the 

loss of arms, he is now forced to deal with PTSD which resulted from human trafficking 

experience, which is, again, closely linked to his disability. 

ASTRA Database, ID no.l1737 

§ 660. In addition to the fact that only a few organizations in Serbia target persons with 

disabilities, and even smaller number of them can offer activities for this specific form of 

disability, it should be stressed that we also do not have adequate (re)integration programs 

for male trafficking victims. Problems they face are different from those experienced by 

female victims, which, if the victim is a person with disability, considerably aggravates the 

process of (re)integration. 

§ 661. All these factors make the process of (re)integration of trafficking victims difficult 

and require the adjustment of these programs and tailor-made approach. Moreover, it 

is necessary to ensure dedicated work of all relevant actors – both governmental and 

nongovernmental - on primary integration of these clients. Only than can we talk about 

reintegration process. Persons with disability are only one of the marginalized social 

groups for who (re)integration process is to a great extent aggravated. 

§ 662. ASTRA has worked with other groups of people whose (re)integration process 

require completely different standards and rules. 

In 2006, a girl with psychologically changed behavior was identified as a trafficking victim. 

Several years earlier, she was diagnosed a bipolar disorder. One of the side effects of 

232


this disorder is the loss of rational judgment of situations and people, weak control of 

impulses and the loss of self-criticism. She was recruited by her then boyfriend. Due to 

specific characteristics of her state, the process of (re)integration must involve broader 

range of assistances, with special emphasis on psychological assistance in order to, first of 

all, stabilize her psychological condition and establish some sort of psychological balance. 

Only than could she benefit from other forms of assistance that lead to final (re) integration. 


§ 663. Besides mental health hospitals, there are no organizations, either in Belgrade 

or elsewhere in Serbia, that deal with problems or provide support for psychologically 

changed persons and that can provide assistance to trafficking victims. Namely, (re) 

integration of these clients requires lots of work, commitment and persistence, whereby 

effects may be unnoticeable for a longer period of time. In addition, there is a risk of failure 

due to the dynamics of psychological condition and its unpredictability. The complexity 

of the (re)integration of trafficking victims and the lack of readiness of some organizations 

and institutions to deal with it more thoroughly and deeply result in the situation that 

such persons never enter the assistance system. 

§ 664. Serbia does not have sufficient number of successful drug rehabilitation programs, 

while long-term and systematic assistance almost does not exist. One of important 

conditions for successful (re)integrations is stable environment and support from close 

persons. The fact that systematic assistance and support does not exit either for trafficked 

persons or for addiction diseases makes the entire process additionally difficult. 

Since 2005, ASTRA has been in contact with a girl who belongs to the vulnerable group in 

terms of reintegration. Namely, the girl is a drug addict, which in part contributed to her 

becoming a trafficking victim. An aggravating factor for her reintegration was the absence 

of support in her family, i.e. dysfunctional family, which pushed her into addiction in the 

first place. The same factors are the obstacle for both her rehabilitation from narcotics 

and for (re)integration after getting out of the trafficking chain. In work with this client, 

ASTRA has been trying to find ways that would ensure permanent recovery, but assistance 

was provided mostly sporadic and ad hoc. 


A client, who was in her first trimester of pregnancy, came to ASTRA due to an abstinence 

crisis. Regardless of the fact that she had succeeded for a long time to keep her need for reusing 

drugs under control, at that moment she felt she needed an emergency meeting with a doctor. 

Accompanied by a consultant of the ASTRA SOS Hotline, the client went to the Special Hospital 

for Addiction Diseases in Belgrade, in the infirmary, where, after a conversation about her 


ARTICLE 6 

current condition, they referred her to the Counseling Centre within the Hospital. The next day 

the client found out that she needed a letter of reference for the treatment in the authorized 

Health Centre, but regardless of the fact that she did not have the necessary documentation, 

the manager of the Department of Diagnostics and Treatment of Drug Addicts as well as a 

social worker held the meeting with her and they made plans for further steps. 

Almost a month later, after the reference letter arrived, the client spoke to a psychiatrist 

who proposed to the client the possibilities of the Special Hospital. The hospital treatment 

lasts as many days as it is needed to regain a psychophysical stability, but they gave 

up on this because her pregnancy was contraindicated for a hospital accommodation 

and treatment. The stabilization phase would be possible in the Clinic for Drug Addicts 

(individual work with the patient and his/her family which lasts a few months) or in a Daily 

Hospital for Drug Addicts (group work with the patients and their families, every working 

day for two months), but since it was necessary to involve an associate, i.e. a member of 

the family or a partner, and the client had neither the support of the current partner nor 

the parents’ support for this kind of treatment, once again there was no solution to the 

problem. The doctor suggested that she consult her colleagues and check for additional 

options. It turned out that despite the good will of all the employees in the Special Hospital 

for Addiction Diseases, there was no support program, created based on the individual 

needs and possibilities of the persons who used drugs and want to treat their addiction. 


III.3.2.4. Special Needs of Children 

§ 665. The Convention on the Rights of the Child is nowadays a broadly accepted 

document which has to a great extent changed the understanding of the rights and 

freedoms of the child. The definition of a child, i.e. childhood was changing during the 

history and it has become recognized as an age category which is after all different than 

adulthood. Childhood still has different definitions and how a child is treated depends on 

specific tradition and culture. The Convention is the document which recognizes specific 

needs of a child and rights the child is entitled to on that basis. The rights of the child are 

today recognized both in national and international law. The Convention on the Rights 

of the Child, adopted in 1989, is the most important international instrument in this 

area. Rights recognized to children by this international document cover all aspects of 

child’s life: state, family, school, institutions, etc. The basic goal of the Convention is to 

change attitudes towards children and to shift from protective (and in some societies 

even negative) approach to the idea of equality of children with other human beings. 

The Convention is one of the most important international instruments which not only 

clearly and explicitly defines the rights of the child for the first time, giving a rather 

extensive list of all rights (civil, political, economic, cultural, etc.), but it is also the 

international document with the largest number of ratifications. The Republic of Serbia 

234


has ratified the Convention on the Rights of the Child and thus undertook to take care of 

its implementation, i.e. to protect the rights of the child and to promote the position of 

children. However, this is not only the obligation of the state, but also of individuals, who 

must show through their every-day actions that they recognize and respect the rights 

which belong to children and youth 405 . 

§ 666. According to UNICEF Guidelines 406 , child trafficking is the act of recruitment, 

transportation, transfer, harboring or receipt of a child for the purpose of exploitation 

either within or outside a country. Consent of the child victim to the intended 

exploitation is irrelevant even if none of the following means have been used: “force, 

coercion, abduction, deception, abuse of power or actions taken while one is in a state 

of vulnerability or while one is in the control of another person”. 407 A child victim of 

trafficking (“child victim”) is any person under 18 years of age. 

§ 667. Due to their physical and psychological development, children are more vulnerable 

to human trafficking. For this reason, there is a corpus of rights that should ensure as 

comprehensive as possible protection of children. The concept of the rights of the child 

designates rights which are human rights in their nature and which belong to every child 

regardless of where the child lives, i.e. regardless of the state, political, cultural and economic 

environment, tradition, customs and beliefs in a specific community. Although all rights are 

equally important and indivisible, four of them are promoted into basic principles: 

• Right to life, survival and development, 

• Best interest of the child, 

• Non-discrimination, 

• Participation. 

§ 668. Child’s right to participation means that a child capable of forming an opinion will 

be recognized the right to express such opinion regarding all issues of his/her concern, 

whereby due attention should be paid to child’s opinion in accordance with her/his age 

and maturity. 

§ 669. Acting in the best interest of a child is a legal standard which requires 

operationalization, because abuses are easily possible: who should estimate what is the 

best interest of the child and how can we be sure that the decision made in the specific 

case is right? That is why it is often said that the rights are indivisible. To make sure that 

the decision will reflect the best interest of the child, in addition to sensitized and trained 

professionals, it is also necessary that children take part in the assessment of their own 

best interest. 

§ 670. Trafficking in children is a special form of abuse and violation of the rights of the 

child which has a range of specific characteristics compared to other forms of human 

trafficking. It includes: 

405 

Vršnjačka medijacija - od svađe slađe, GTZ German Agency for Technical Cooperation. 

406 

UNICEF, Guidelines for Protection of the Rights of Children Victims Trafficking In Southeastern Europe, May 2003. 

407 

Ibid. 


ARTICLE 6 

• Child trafficking for the purpose of sexual exploitation, child pornography and 

pedophilia, 

• Child trafficking for the purpose of labor exploitation, 

• Child trafficking for the purpose of forced begging, 

• Child trafficking for the purpose of criminal offenses, drug dealing and other forms of 

asocial behaviors, 

• Trafficking in unborn children or in newborns for the purpose of adoption, 

• Child trafficking for the purpose of marriage, 

• Child trafficking for participation in armed conflicts, 

• Child trafficking for the purpose of organ selling. 

§ 671. Children who are at risk of human trafficking are: 

• Children without parental care, 

• Roma children, 

• Children living in open correctional facilities and immediately after leaving children’s 

homes, 

• Children with disabilities, 

• Children with asocial behavior, 

• Children in dysfunctional families, 

• Children – victims of family violence (physical, emotional and sexual), 

• Children who live and/or work in the street. 

§ 672. Besides general principles by which children –victims are entitled to special 

protection measures - as children and as victims - in accordance with their special 

rights and needs, the best interest of the child is the basic priority in all procedures 

involving children. Persistent respect of child’s rights to non-discrimination, information, 

confidentiality and respect for the view of the child are necessary, too. UNICEF Guidelines 

govern the process of identification, the appointment of a guardian, questioning, interview 

and initial activities, referral to appropriate services, cooperation of all actors, care and 

protection in transitional period, the regularization of status, the implementation of a 

durable solution, safety and victim/witness protection. 

§ 673. Physical, psychological and psycho-social damage which child trafficking victims 

have experienced and their vulnerability to exploitation require that they should be 

treated separately from adult victims in legislation, policies, programs and interventions. 

Child trafficking victims should receive appropriate support and protection with special 

emphasis on their special rights and needs. 

§ 674. During exploitation, children are exposed to different forms of violence and 

they feel helpless, without safety and support, thus losing the sense of belonging and 

of psychological footing. By falling victim to trafficking, the child enters the process of 

very specific socialization by a criminal environment, which may result in developing a 

236


range of destructive and asocial behaviors. The basic principle in providing support to 

child trafficking victims includes work on building their own strengths and comprehensive 

recognition of needs, views and capacities of the child and its environment. Efforts invested 

in measures for recovery and reintegration of children are based on respect for individual, 

developmental and other needs of children and the participation of children, families 

and direct support network in the planning of needed services and protection measures. 

The promotion of child’s strengths and participation is aimed at achieving as relevant as 

possible interventions, resuming responsibility for one’s own life, coping with helplessness 

which trafficking victims are faced with, building self-respect and preserving child’s dignity. 

§ 675. The system of protection and assistance for children – trafficking victims has to 

contain criteria for appropriate identification of the child, mechanisms for referral of 

the child to specialized services, procedures for appointing a guardian that would ensure 

acting and decision-making in accordance with the best interest of the child, measures 

for regulating residential status, assistance in rehabilitation and reintegration, as well as 

measures for the protection of children-witnesses and victims of trafficking and quality 

access to justice. 

§ 676. Anti-trafficking actors in Serbia started paying attention to children as a special 

category of (presumed) trafficking victims as late as in 2004, when the statistics of all 

governmental bodies and nongovernmental organizations showed increase in the number 

of identified child trafficking victims. According to ASTRA SOS Hotline, this percentage 

reached as much as 63% in 2004; children continued to constitute very high proportion 

of all identified trafficking victims in the years to come. It is interesting that data from 

other countries in the region reported the same trend. This prompted a larger number of 

publications and research into child trafficking to appear in this period. 

§ 677. Although Serbia does not have a comprehensive database kept by uniform criteria, all 

actors involved in direct victim assistance register growth in the share of children compared 

to the period before 2004. Most of these children are the citizens of Serbia (90.3%). 

SOURCE 2004. 2005. 2006. 2007. 2008. 2009. 2010. 

NGO ASTRA 63.08% 30.5% 45.45% 40% 50% 34.21% 24.32% 

NGO Counseling Center against 

Family Violence - shelter 

45.16% 21.5% 50.0% 33.33% 33% 27% / 

NGO ATINA 25% 14.28% 38.6% 15.38% 21.82% 28.30% 22.95% 

Agency for Coordination of 

Protection of Trafficking Victims 

47.36% 20.7% 58.9% 43.33% 54.54% 45.67% 47.19% 

Table III.3.2.4.1. Proportion of children in the total number of identified trafficked persons 


ARTICLE 6 

§ 678. It should certainly be borne in mind that child trafficking existed before, too. 

However, children were not recognized as a specific category of victims that is much 

more susceptible to manipulation than adults. On the other hand, a lot have been done 

on the education of those who come in contact with children who are or may fall victim 

to trafficking, which has also contributed to better and more timely identification. State 

institution now recognize that human trafficking is not something that only hits foreign 

nationals, but that this is a form of organized crime which does not leave out anyone 

regardless of gender, age, citizenship or nationality. As said earlier, human traffickers, 

faced with stronger response from governmental, nongovernmental and international 

organizations, are adjusting and changing their ways of operation. Like it has been observed 

in other countries in the region, human trafficking is moving to private apartments and 

members-only clubs. Also, internal trafficking, as well as trafficking in children, has proven 

to be much less risky. All of these show that traffickers changed not only routes across 

which they transport their victims, but also their modus operandi throughout the entire 

process of human trafficking. 

§ 679. Children are most often trafficked for sexual exploitation, including forced 

marriage, and for forced begging, often in combination with sexual exploitation. 

§ 680. In December 2006, the Government of Serbia passed the Strategy to Combat 

Trafficking in Human Beings in the Republic of Serbia. The Strategy mentions children 

only in a general context as a particularly vulnerable category. It has failed to make special 

reference to the needs of children – victims nor has it mentioned programs intended for 

them. This is at the same time one of the basic objections to the Strategy. 

§ 681. On 30 April 2009, the Government of the Republic of Serbia adopted the National 

Action Plan to Combat Human Trafficking for the period 2009-2011 408 . Numerous 

activities were proposed in relation to the child victims of human trafficking within the 

particular strategic goals: Institutional Framework, Help, Protection and Reintegration of 

Victims, International Cooperation, Monitoring the Implementation of the Mechanisms 

for Combating Human Trafficking, Evaluation of the Results. 

III.3.2.4.1. Guardian Protection 

§ 682. According to the Family Law 409 , a child without parental care (a minor ward) or 

a person of age who is deprived of legal capacity (mature ward) may be placed under 

guardianship. The decision on placing someone under guardianship is made by the 

guardianship authority. Such decision must include a guardianship plan. By the decision 

on placing someone under guardianship, the guardianship authority appoints a guardian 

and decides on the accommodation of the ward. The guardianship authority shall first try 

408 

On 30 April 2009, the Government of the Republic of Serbia adopted a Conclusion on Establishing the National Action Plan for Combating Human 

Trafficking for the period from 2009 to 2001 which was filed under number 05 Number: 012-10196/2006-4 (Official Gazette of RS, no. 35/09). 

409 

Official Gazette RS, no. 18/2005. 

238


to accommodate the ward in a family of his/her relatives. If the ward has property, the 

guardianship authority’s standing commission performs an inventory and estimates the 

value of the of ward’s property. 

§ 683. The minister responsible for family protection prescribes the mode of operation, 

the composition and the funding of the standing commission. A person who has personal 

characteristics and abilities necessary to perform the duties of a guardian and who has 

consented to being a guardian may be appointed as a guardian. A ward’s spouse, relative 

or foster parent are primarily appointed as a guardian, unless the ward’s interest requires 

otherwise. A ward who has reached ten years of age and who is able to reason has the right 

to propose the person to be appointed as his/her guardian. As far as guardian protection 

in practice is concerned, it most often depends on where the child trafficking victim is 

being accommodated. 

§ 684. In Serbia, regarding victim assistance, there is one SOS Hotline (ASTRA) and until 

October 2010 there were two shelters for trafficked persons in Serbia (NGO Atina which 

is operating today and NGO Counseling Center against Family Violence which stopped 

working on 21 October 2010) 410 . Serbia does not have specialized shelter for child trafficking 

victims 411 . If the child does not return to his/her family (children often refuse to return to 

their family or families are not ready to admit them), such child can be placed either in 

shelter for adult victims or in some institution for children without parental care. These 

institutions do not have specialized reintegration programs for child trafficking victims. 

It does not surprise that children often run away from there. Another lacking program is 

the program for (re)integration of psychologically changed children who survived human 

trafficking. Because of the absence of adequate solutions for their accommodation and 

care, children often stay unprotected. Numerous trainings have been organized in recent 

years for professionals who may come in contact with trafficking victims, but it is still 

insufficient. Social welfare centers are assessed as especially weak link in that respect 

because they often do not know the problem and the existing referral mechanisms. Thus, 

we fear that a certain number of children is placed in children’s homes without being 

identified as trafficking victims and consequently without receiving adequate assistance. 

Unfortunately, the Agency for Coordination of Protection of Trafficking Victims does not 

have special mechanisms and procedures of work with child trafficking victims, but the 

full responsibility is assumed by the social welfare center in charge. 

§ 685. If the child was placed in the shelter for trafficking victims, a person from the social 

welfare center in charge would be appointed as a guardian. In several cases, the competent 

SWC estimated that it was in the best interest of the child to appoint the psychologist 

410 

All three programs are funded by foreign donors. The Government of Serbia participated in the financing of the shelter ran by NGO Counseling 

Center against family Violence since June 2006 until October 2010, when this shelter was officially closed, while remaining funds were provided 

by the Austrian donor. 

411 

Shelter for trafficking victims ran by the NGO Counseling Center against Family Violence was intended for adult victims, but children – victims are 

also placed there. 


ARTICLE 6 

of the shelter in which the child lived as the guardian. If the child was placed in some of 

public child-care institutions (shelters for abused children or children’s homes), standard 

procedure would be applied and a person from the SWC in charge would be appointed as 

a guardian to that child. 

§ 686. In some cases competent social welfare centers managed to find very quickly 

the appropriate foster families for children identified as trafficking victims, with full 

participation of a child in question and in cooperation with NGOs. (Re)integration of 

victims in foster families takes place under further supervision of competent social worker 

and psychologist. 

In July 2004, ASTRA came in contact with a underage boy who was identified by the 

Mobile Team as a trafficking victim. Since Serbia did not have adequate shelter in which 

the boy could have been placed, the Mobile Team decided to provide him temporary 

accommodation in the shelter for trafficking victims. The boy, at that point of 11, had 

been the victim of sexual and labor exploitation and forced begging since the age of 7 and 

maybe even earlier. Thanks to good cooperation with competent social welfare center, 

in relatively short period of time, an appropriate foster family was found for the boy and 

both sides were prepared for this arrangement. The foster family lives outside Belgrade, 

in which way the boy was given additional security because persons who exploited him 

lived in Belgrade. 

After he was placed in the family, ASTRA, in cooperation with local social welfare center, has 

been providing the boy with psychological assistance, i.e. regular and continuous therapy. 

Moreover, the therapist knows the foster family and is in contact with them, too. Having 

in mind all aspects of the situation, she worked with the boy on several issues: adjustment 

to the new situation, coping with trauma from the past, with permanent monitoring and 

resolving the problems typical for the boy’s age. Cooperation between the therapist, 

social worker in boy’s place of residence, social worker (guardian) in Belgrade and ASTRA 

is very important. This especially applies to the exchange of information among all actors, 

thanks to which the process of providing assistance to the boy was flawless. Moreover, the 

boy got a computer, school books and supplies and support to continue education. ASTRA 

and SWC continue monitoring the recovery, actively providing assistance necessary for 

full reintegration of the child, which is done through regular telephone contacts and visits 

in his home, as well as through the inclusion of professionals whose help is needed. 


One of the examples of good cooperation of NGOs and institutions is the case of 16- 

year old girl, client of the local social welfare center in one town in Vojvodina. The social 

worker of this Center was going for regular home visits to the girl who was identified as a 

240


trafficking victim. The quality of contact she managed to build with the girl and her family 

greatly contributed to the stabilization of their family situation. Moreover, immediately 

after the identification, the social worker stressed that the girl suffered PTSD. After that, 

the girl had regular therapies. The fact that the girl and the social worker lived in the same 

place was very important for the girl’s safety, particularly during the trial. 

In cooperation with this social worker, several times we together made the plan of further 

steps that would be later fully and successfully implemented. 


§. 687. Since in child victims of human trafficking there are often health issues or behavioral 

disorders due to the exposure to different forms of abuse, they cannot be placed in foster 

families with standard trainings, but only in those trained for specialized fostering 412 . 

In June 2009, ASTRA was contacted by the representatives of the Municipal Department 

11 of the city of Vienna, the office for youth and family “Drehscheibe”, concerning the 

case of a girl of Serbian nationality who was identified in Vienna as a victim of human 

trafficking with the purpose of sexual exploitation. Since the girl was in a poor psychological 

condition, she was provided with an adequate medicaments and psychotherapy during 

her stay in that institution. It was unknown whether and what role her parents had in her 

departure to Austria and sexual exploitation that followed, which is why upon returning 

to Serbia she was accommodated in the shelter for victims of human trafficking. At the 

time, the social welfare center was unsuccessful in finding the family that could take the 

girl in for a specialized fostering. According to the fact that even after two months they did 

not find an appropriate family, in October, the girl was placed in the emergency reception 

unit for chidlren. In order to urgently place the girl in the appropriate accommodation, 

ASTRA contacted the authorized CSW more than once, as well as the Centre for Family 

Accommodation for Children and Youth in Belgrade, but to no avail. In March 2010, she 

was relocated to the children’s home. 

ASTRA database, ID number 1460, S 62/09, S 81/09 

§. 688. The mentioned situations point to the fact that it is necessary to carry out special 

trainings for foster families who are willing to take in children with traumas of a human 

trafficking experiences, so that they could be ready to perform the role of a foster parent 

in as good and adequate way as possible. 

412 

Specialized fostering meets the needs of a child with psychophysical developmental problems, exposed to health difficulties or behavioral 

disorder, for whom it has been estimated that implementing fostering is in his/her best interest and who is placed in a foster family for a shorter 

or longer period of time (Regulation on Fostering, Official Gazette of RS, no 36/08). 


ARTICLE 6 

III.3.2.4.2. Special Needs of Children in Judicial Proceedings and Training of Persons who 

work with Children Victims 

§ 689. Oversights of state authorities in the provision of specific legal aid and protection 

to child trafficking victims are impermissible. Even judicial authorities, although 

formally provide all procedural security conditions in the courtroom, often forget about 

the protection of a child before and after the trial. They do not find this segment to 

be something which they should take care about. Failures are most often in the social 

welfare centers. Not understanding the seriousness of trauma which the child trafficking 

victim sustained, they do not take additional precaution measures to protect the child 

from revictimization. 

The underage boy, who had been exposed to multiple forms of exploitation for at least four 

years, after some time in the shelter was placed in a foster family outside Belgrade. Several 

actors have been actively involved in his recovery and reintegration: local SWC, Belgrade 

SWC in charge of the boy and ASTRA, which hired therapist and provided different forms of 

material assistance in accordance with boy’s needs. Simultaneously, the judicial proceedings 

against persons who exploited him, i.e. his aunt and her partner, were instituted. However, 

the NGOs involved in boy’s reintegration (ASTRA, the Shelter) were not notified thereof 

and legal aid completely lacked. Moreover, preventive measures were not taken to avoid 

direct encounter between the traffickers and the child. As a result, the boy came to court 

only accompanied by his foster parents. The SWC representative was not present, although 

this was the trial which involved a minor, and therefore she had a legal obligation to be there 

and make sure that boy’s rights were protected. As the organization that had capacities to 

provide legal aid to its clients ASTRA was not notified, although the SWC had been informed 

earlier about ASTRA’s activities. Thus, the boy ended up without legal advice, preparation 

for the trial and representation by the lawyer. However, the greatest failure in this case 

was that the boy was summoned to appear in court at the same time as his aunt accused 

of exploiting him. No special measures were taken to avoid this encounter. In this way, 

the boy was exposed to additional stress and it considerably affected his sense of security, 

regardless of the fact that he had been dislocated to a completely new environment where 

he did not have unpleasant experiences until that moment. 

Although ASTRA is in regular contact with the social welfare center in charge, at the end 

of October 2010 we received information that the judgment had been rendered on 16 

September 2009 and that the trafficker was sentenced to 4 years and 6 months in prison. 

ASTRA Database, ID no 571 

§ 690. In spite of numerous trainings on the problem of human trafficking for SWC staff, 

not all employees had possibility to attend them. Hence, they lack knowledge about 

242


this topic and about special needs of a child who survived human trafficking, as well as 

about situations and precaution measures which they, as a guardian, should take care 

about while performing their guardian role. On the other hand, only small number of 

persons form the judiciary passed the trainings about human trafficking. They are often 

not sensitized to run the trials in which trafficking survivors appear and therefore do not 

use all possibilities that the law provides for the sake of victim protection. This often 

results in failures that only add to child’s trauma. 

In May 2006, a trial started in which ASTRA’s client, 13-year old girls appeared as the 

victim/witness. She had been identified as trafficking victims one year earlier. Since she 

was not in contact with her father and her mother refused to take care of her because 

she was “difficult”, the guardianship was first taken by her grandmother, but the girl 

was soon put in a children’s home. On two occasions she left the Home, but she was 

appearing at the trial sessions in the company of her mother, grandmother or sisters. 

ASTRA contacted competent SWC several times, but they never had reliable information 

about girl’s whereabouts. 

In September 2006, she came to the trial session with her grandmother. SWC 

representatives were not present there, like they had not attended the previous trials, 

too. On that occasion, the lawyer representing the girl found out that the children of 

accused spouses, who lived near girl’s grandmother, stopped her at the street and took 

her to their home, where she spent the night. The lawyer observed that the girl was in 

fear, especially of the accused man, for whom she previously said that he had beaten her. 

On that day, she completely changed her statement. 

At the end of September, ASTRA came to detailed information about what had been 

happening before the girl changed her statement. Namely, before the last trial session 

the mother reported to the SWC that the girl did not spend the night with her and that 

she suspected that the children of the accused took her with them. The Center checked 

and they really found the girl in their house. However, according to the assessment of the 

social worker who made the visit, her safety was not compromised because these were 

small children who probably did not influenced her testimony. On the other hand, it was 

not taken into account that the accused were already released from custody then and it 

was not said where they spent that night, although it is very likely that they were in that 

house too, i.e. in direct contact with the girl. 

Having in mind fear that the girl showed at the hearing, it is highly unlikely that social 

worker’s assessment under such circumstances could be considered valid. 


§ 691. Legal possibility that a guardian of an underage victim may give all statements and 


ARTICLE 6 

perform all procedural actions to which the underage victim is entitled is almost never 

used in practice, but the role of a guardian is understood as a pure legal formality that 

must be observed. 

§ 692. Such situations indicate that it is necessary to continue with organizing trainings 

for the employees of CSW, because due to the limited number of the participants in the 

trainings and the fluctuation of the employees in these institutions, their representatives 

may not possess relevant knowledge on the issue of human trafficking. 

§ 693. It should certainly be stressed that the expertise, the enforcement of the law 

and willingness to cooperate with institutions and NGOs have resulted in successful 

processes in which minors were protected in the best possible way and their secondary 

victimization avoided. 

In 2004, ASTRA’s lawyer represented a 16-year old boy, foreign national identified as 

trafficked person in Serbia. The reaction of the police and of the Prosecutor’s Office was 

for several reasons assessed as the example of very good practice. The police investigation 

was very quick and effective. With regard to the fact that this was a boy with disability, 

it is very important that all actors who dealt with the boy were highly sensitized. From 

the very beginning, the boy had his legal representative and an interpreter. He gave his 

statement in the presence of child psychologist and it was video recorded. On the basis 

of the recording which was used further in the proceedings, the secondary victimization 

of the boy was avoided. The entire process with the underage person was in accordance 

with the law and the boy could soon leave the country. 


In 2007, a human trafficking trial was held before the Subotica District Court where an 

underage girl appeared as the victim. The trial was regularly monitored by competent 

social worker and ASTRA’s lawyer and consultant. After one trial session in which the 

girl testified, when leaving the court building she and her company observed a group of 

6 – 7 men – and two accused among them – standing in front of the building, under the 

influence of alcohol, loudly talking. Since they did not look naïve at all and the accused 

were hostile towards ASTRA’s client, threatening and swearing at her while she was giving 

her testimony, it was realistic to assume that they were waiting for her to get out and it 

was desirable to avoid their encounter. For this reason, the court security accompanied 

the girl, her lawyer, the social worker and ASTRA consultant to their car thorough the 

back door. 


244


III.3.2.4.3. Providing Shelters for Child Victims 

§. 694. Child victims should be placed in safe and suitable accommodation (i.e. temporary 

shelter or some form of alternative accommodation and care) as soon as possible after 

their identification. Social service authorities, in cooperation with NGOs and international 

organizations, shall develop standards of care for places where child victims are 

accommodated. Under no circumstances should a child be placed in a law enforcement 

detention facility. This includes detention in, for example, detention centers, police cells, 

prisons or any other special detention centers for children. 413 

§ 695. As said earlier, there is no specialized shelter for child trafficking victims in Serbia. If 

the child does not return to the family, he/she may be placed in the shelter for adults or in 

some of child-care institutions, which do not have specialized reintegration programs for 

trafficking victims (Institute for Upbringing of Children and Youth – Emergency Reception 

Unit, Belgrade). 

§ 966. Moreover, what aggravates the recovery of such children is that their movement 

is restricted, i.e. when they are accommodated in the close-type shelter, they are not 

allowed to leave. Thus, on more than one occasion, children used the incautiousness of 

staff to run away from the shelter. The very fact that this shelter was locked up had 

negative impact on clients’ motivation to stay there. 

In 2005, a girl was identified who was exploited for begging in Bosnia and Herzegovina 

when she was 12. She has participated as a victim/witness at trial for human trafficking 

offence before the Pančevo District Curt. Her grandmother took custody of the girl, since 

her father does not live in Serbia, while her mother, although seeing her occasionally, 

refused to take care of the girl. After having been identified, the girl was placed to the 

Institute for Upbringing of Children and Youth in Belgrade, but she left it after some time. 

This is not surprising at all, but quite an often situation when we talk about the wards of 

this institution. 

In April 2006, the police informed the Agency for Coordination of Protection of Trafficking 

Victims that the girl had been found, after which she was placed at the shelter for trafficking 

victims in Belgrade. She stayed at the shelter for only two days. On the second night, 

together with another 15-year old girl, she made a rope of the bed sheets and climbed down 

the window to the balcony of a flat on the lower floor. From there, i.e. from the roof that 

was at the level of the first floor, they jumped to the street. Although they did not injure 

themselves, there was a great probability that something like that could have happened. 

They left the shelter around midnight, but the employee who was on call that night was 

sleeping at her office and did not notice that the girls disappeared until the next morning. 

ASTRA database ID no. 1131 

413 

Guidelines for Protection Of The Rights Of Children Victims Trafficking In Southeastern Europe, UNICEF, May 2003. 


ARTICLE 6 

§ 967. At meetings, both the shelter staff and the officials of the Agency for Coordination 

of Protection of Trafficking Victims often explain such situations by the fact that children 

are “not adjusted”, that they are “not ready to cooperate and accept assistance that is 

offered to them”, and well as by their “delinquent behavior and permanent urge to run” 

or “poor identification by those who have brought them, i.e. the police or other NGOs, 

which is only confirmed by their running away”. It has never occurred to them that the 

reason why these children run away, and adult victims want to leave the Shelter as soon 

as possible, lays in the trauma they survived, inappropriate programs in the Shelter and 

unnatural state of isolation and restriction of movement. 

In June 2005, a trafficking victim who had turned 18 only as couple of months ago insisted 

on leaving the shelter. 

It was her second time that she stayed at the shelter. All circumstances of her admittance 

in and leaving the shelter are specific. Namely, she was identified as a trafficking victim one 

year earlier, when s citizen called ASTRA to report violence and exploitation she had been 

exposed to. She did not have the documents and did not want to return to her family, i.e. 

to her mother who had been neglecting and physically abusing her. She complained about 

gynecological and urologic problems. In communication with her, it was noticed that she 

was confused, disoriented in time and space and probably mentally challenged (later it has 

been established that she suffers from Turner syndrome and that she is lightly mentally 

challenged). She dropped out of primary school when she was in the seventh grade. 

After her first staying in the shelter in 2004, she was transferred to the Institute for 

Upbringing of Children and Youth. However, she ran away very soon and there were no 

information about her for a long time. ASTRA lost every trace of her. 

In May 2005, ASTRA staff found the girl at the bus station in Belgrade. She mentioned 

that a couple of months earlier, she was sold at the Belgrade Railway Station for a bottle of 

liquor. The police helped her being placed to the shelter again. In spite of everything that 

had happened before, when she asked to leave the shelter they let her go immediately 

and without trying to find alternative solution. Before, nobody of the staff paid attention 

to her complaints that she was bored and that there was not much going on in such 

closed-type accommodation. 

The third time, ASTRA staff came in contact with the girl in late 2005, after having 

received the information that she ended up in the hospital. The girl was found under the 

bridge on the way from Belgrade to Pančevo with frostbites (she was later diagnosed 

cystitis and bronchitis, too). This could have been prevented with a different approach 

to victim assistance during her staying at the shelter. When we talk about a person who 

has suffered family violence for many years, who has been trafficked twice and who is in 

such a poor physical and psychological state as this girl is, who was at the same time in 

246


the process of being deprived of her legal capacity (which she was completely deprived of 

later), the principle of respect for victim’s wishes cannot be used as an alibi for the lack of 

quality and dedication in work and services, whereby the principle of the best interest of 

the victim is completely neglected. 

Thanks to active involvement and intensive cooperation between ASTRA and competent 

SWC, a long-term and satisfactory solution for the girl’s accommodation was found. 


§ 698. On more than one occasion children who were not able to respect the shelter’s 

rules were expelled for punishment, without being offered some alternative solution. 

In February and March 2005, a 16-year old girl was placed at the Shelter for Trafficking 

Victims. She was told that she would stay for only a couple of days. At a closed-type 

shelter without specialized programs for children, the girl soon expressed her discontent 

with such treatment and said that she would like to leave since she was promised to be 

there only “for a couple of days”. 

On one occasion when she went to the nearby shop – which is the only opportunity for 

the residents to leave the shelter – she complained to the children from the building 

that she was kept locked inside. Because she insisted on leaving the shelter and because 

she revealed such information to outsiders, which was completely against the rules of 

behavior there, the Coordinator of the shelter ordered the counselors to let the girl go. 

Without any regard to her age and to the fact that she had nowhere to go, they simply 

let her out. 

However, soon after she had left, the children from the building rang at the shelter’s door 

and informed the counselor on call that the girl was standing in front of the building and 

crying. After she talked with the shelter staff once again, she agreed to return, and a few days 

later she was transferred to the Institute for Upbringing of Children and Youth in Belgrade. 

From the conversation with the then Coordinator of the Agency for Coordination of 


Belgrade, 2005 

In October 2010, the shelter for victims of human trafficking in Belgrade took in a girl (17), 

who was identified as a victim of human trafficking. A long time before being identified, 

and after her stay in the children’s home, she lived at the traffickers’ who exploited her. 

Her mother was not ready to help her, primarily because she herself lived in very poor 

social circumstances, without any income and accommodation. 

The girl stayed in the shelter for a little over a month. Her mother called her constantly, 

which is why the girl was very upset and required special attention. Her mother invited her 


ARTICLE 6 

to come home because she allegedly found a man who she could marry. The authorized 

CSW and the shelter did not take any steps to discontinue that communication. 

Regardless of the mother’s pressure and the fact that at that moment she received therapy 

because of the difficult psychological condition and drug addiction, the girl was expected 

to adjust to the rules of the shelter and to not affect the work in the Shelter in any way. 

At her own request, the girl was taken to the CSW, from where she left to her mother’s, 

although it was clear that she cannot stay with her. Shortly after, the traffickers reached 

the girl and regained control over her. 


§ 699. Sometimes, children are placed at Institute for Upbringing of Children and Youth, i.e. 

emergency reception unit for children (and underage foreign nationals), together with children 

who are placed there for other reasons (this Institute also serves as a correctional institution 

for children and youth). This institution does not have program for trafficked children, either. 

III.3.2.4.4. Ensuring a Speedy and Safe Repatriation 

§ 700. Like in case of the adult victims, in the majority of cases, IOM has carried out the 

repatriation of child trafficking victims, too. As it was described before, information on 

child’s arrival to the destination, his/her safety and further course of reintegration after 

his/her repatriation to the home country are not available. 

§ 701. Since procedures are lacking in all segments of the National Referral Mechanism, 

this also affects the procedure of repatriation of children. This often leads to rash and 

hasty acts, often only aimed at satisfying the form of the project. 

In July 2006, following citizens’ report, an older man, German national, was detained 

in Croatia under suspicion that he committed prohibited sexual intercourse with an 

underage citizen of Serbia. With IOM’s help, the girl was returned to Serbia. She was 

placed at the shelter for trafficking victims, but, with assistance of IOM and the Agency, 

she was soon returned to her family, although there were unambiguous indications that 

the parents were involved in her sale. The social welfare center in charge undertook the 

measure of intensified supervision of the family, but this did not stop further contact 

between the child and the German national. Namely, after having been released from 

Croatian detention, he returned to Serbia, where he was staying at the home of this family 

and had permanent access to the child. Three months later, this man was arrested under 

suspicion of human trafficking. However, competent Public Prosecutor found that there 

was not enough evidence for raising charges. After this, the police used their discretionary 

rights and, pursuant to Article 36 of the Movement and Residence of Foreigners Act, 

revoked permanent residence permit issued to this man. During the entire period, in spite 

248


of enormous effort, the competent social welfare center did not succeed to establish 

appropriate communication with other actors in this case (the Agency, the Shelter and 

IOM), who failed to timely send to the SWC their findings about the girl’s psychological 

state and her reaction to the said German national during her staying in Croatia. If this 

document had been timely sent to the SWC, it would have enabled social workers to 

temporary separate the girl from the family. The SWC also never had opportunity to 

talk with the girl alone or to win her trust, since she was always in the company of her 

parents, the said man and his lawyer. It may be concluded that police activity was the 

only measure taken to protect this child. 

This case indicates to serious shortcomings in the work of both institutions and 

international organizations, in which way the rights of the child guaranteed under 

Articles 20, 34 and 35 of the Convention and of the Optional Protocol on the Sale of 

Children, Child Prostitution and Child Pornography, as well as the UN Convention against 

Transnational Organized Crime and the Palermo Protocol were not protected. 


§ 702. As said earlier, the Palermo Protocol invites legislators to consider, in cases where 

child victims are involved, not returning those child victims unless doing so is in their best 

interest and, prior to the return, a suitable caregiver such as a parent, another relative, 

another adult caretaker, a government agency or a childcare agency in the country of 

origin has agreed and is able to take responsibility for the child and to provide him or her 

with appropriate care and protection. 

§ 703. The part of this Protocol which speaks of the best interest of the child is often 

forgotten in practice. Also, the Protocol pays special attention to the safety of children in 

all stages of victim assistance, including the process of repatriation. The closer children 

are to their adult age, more often neglected these provisions are. 

In April 2005, after eight months spent at the shelter for trafficking victims, a 12-year old 

Iraqi national returned to Bagdad with her parents. From the moment of the first contact 

with her, the girl had been insisting that she did not want to return home and that she did 

not want anyone to contact her parents and inform them of her whereabouts. 

During eight months at the shelter, the girl built social links and acquired certain level 

of trust in people who took care of her. It is impossible here to describe her shock when 

she was taken, without any prior warning or preparation, to meet her parents. She did 

not know that they were looking for her and that they came to Belgrade. Completely 

neglecting basic rights of the child and acting only so as to avoid international diplomatic 

dispute, the child was given to the parents and returned to Iraq with them. 

The coordinator of the shelter took as relevant for such action a positive opinion of the 


ARTICLE 6 

social welfare center regarding girl’s return to Iraq, the UNHCR representatives said that 

“no human rights violations have been observed”, while the police generally could not 

act outside the existing diplomatic international channels of cooperation. All competent 

actors failed to follow the principle of the best interest of the child and on that grounds 

consult victim assistance experts and accordingly decide on further action. 

During this period, Iraq was the place of intensive armed conflict and return to such 

environment was by all means risky and dangerous for the girl. 


§ 704. It may be said that child protection and assistance to child trafficking victims 

is one of the rare areas in which the representatives of state institutions, in particular 

of the police and the judiciary, have passed more training and education programs than 

anti-trafficking NGOs. Although some NGO activists in Serbia have passed trainings and 

education programs about the rights of the child, there is a question of the quality of 

practical implementation of what they have learned. 

§ 705. On the other hand, there are many positive examples of how police officers 

and judges handled trafficked children. The Juvenile Offenders and Juvenile Justice Act 

actually represents the implementation of several international documents into national 

legislation. It provides that juvenile offenders shall be tried by special judges, i.e. panels 

for juveniles who must have special knowledge in the area of the rights of the child 

and juvenile delinquency. Lawyers who defend juvenile offenders and who represent 

juveniles who appear as injured parties or witnesses in the proceedings must also have 

special knowledge and special certificates. This applies to the prosecutors for juveniles 

and police officers who act in these cases, as well. These proceedings are run following 

the principle of urgency. As far as criminal sanctions are concerned, the duration and 

mechanism for control of the enforcement and effect of juvenile correctional measures 

are specified. A person may be sentenced to juvenile jail only exceptionally, providing 

that he/she is an “older minor person” (16-18 years of age). Before the passage of this 

law, the juvenile justice system in practice suffered the problem of relatively unspecified 

duration of institutional measures for juveniles and the control of the implementation of 

such measures. 

§ 706. In practice, the process of obtaining licenses for representing minors is rather simple 

and formal. It cannot be said for sure that all licensed lawyers have sufficient expertise in 

the area of the rights of the child and child protection. 

§ 707. In the provision of direct assistance and reintegration for trafficked children, the 

principle of participation of the child in decision making is rarely applied in practice. The 

principle of the best interest of the child is mostly used as an excuse for the steps that 

have been already taken and for the implementation of decisions made by the adults. As 

250


said in the Legal Analysis, paternalistic approach to the rights of the child is still preserved 

in Serbia. 

In the above described example from year 2004, an underage citizen of Iraq was identified 

as a trafficking victim thanks to the successful intervention of the police at the Belgrade 

airport. They stopped the girl and her uncle, who were going to Denmark, where the uncle 

had been living for five years. The girl said that she wished to leave primarily in order to 

avoid family violence to which she was exposed at home. She did not want to contact 

her parents or to return to her home country. The coordinator of the shelter and the 

UNHCR representative promised her that she was safe and that nothing would be done 

against her wish. A few months later, her parents came to Serbia, insisting on seeing her. 

Without any preparations, the girl was taken from the Shelter to meet her parents. This 

encounter was rather disturbing and stressful for her. After a couple of days, in March 

2005, the parents took her to Iraq, to Bagdad, which was in the middle of war. This was 

against the girl’s will and in contrast with promises given by organizations with whom she 

was in contact with. The Coordinator of the Shelter said that such action was based on a 

positive opinion issued by the competent social welfare center regarding girl’s return and 

the opinion of UNHCR that no human rights violations were involved in that specific case. 

On the other hand, Serbia did not have reintegration programs at that moment in which 

the girl could have been included, for which reason the coordinator of the Shelter thought 

that there were no options for her further staying in our country. Unfortunately, there 

was no will to develop an individual reintegration plan for this specific case. This would 

be especially facilitated by the fact that the girl had already spent seven months in Serbia 

and that she was included in some activities. Specifically, the girl was successfully learning 

Serbian and generally adapted very quickly and successfully to new circumstances. 

The representatives of the police, the Agency, international organizations and institutions 

in Serbia saw the arrival of her parents as a solution for a situation which would otherwise 

require effort and innovative approach. In general, her return home to her parents was a priori 

assessed as an act in the best interest of the child. The case was run in that light, completely 

neglecting a whole range of specific circumstances and child’s right to participation. 


III.3.2.4.5. Children Who Live and/or Work on the Streets 

§ 708. UNICEF has defined three categories of street children: street living children, street 

working children and children from street families. Street living children are children who ran 

away from their families and live alone on the streets. Street working children are children 

who spend most of their time on the streets, fending from themselves, but returning home 

on a regular basis. Children from street families are children who live on the streets with 


ARTICLE 6 

their families. 414 Children who live and/or work on the street (like there peers who live in 

children’s homes) are especially vulnerable category with regard to human trafficking. 

§ 709. Since in Serbia these children have been legally almost invisible until recently, 

relevant data on their actual number and on the exact degree of risk to which they are 

exposed are scarce. Although some NGOs claim that there are no unidentified trafficked 

persons among street children, the practice shows the opposite. Specific for street 

children is the accumulation of risk factors for trafficking and exploitation: poverty, social 

exclusion, limited access to education; very often, they belong to marginalized groups 415 . 

Of the total number of trafficked children with whom ASTRA has had contact, 20.15% 

(27/134) were the street children. Almost all of them come from dysfunctional families, 

single parent families or have run away from children’s homes (12). These children live in 

very poor conditions, which is one of the reasons why they are finding different ways to 

earn their living on the streets. Most of them live in sheds and vacated buildings. They are 

sometimes placed in children’s homes, from where they are often running away. Because 

of inappropriate living conditions, they often change their residence. They move from one 

shed to another, alone, with their families or with other children with whom they have 

associated for the purpose of survival, better protection and larger income. If they have 

parents, they are in the majority of cases unemployed. Most often these children have 

only one parent, while the other one has deceased, is in jail, lives elsewhere or is simply 

not mentioned. When they do not have parents, they often live with relatives, other 

children or at children’s home. Since adults, “caregivers”, with whom the children live are 

often unemployed, the only way of survival for these children is to make money on the 

streets, by begging or practicing some other street activity; sometimes it is prostitution. 

Very often the caregivers themselves use violence to force children into various activities 

in order to make money. Parents, if they are there, are often alcoholic, persons with 

psychologically changed behavior, often victims of violence themselves. To survive, these 

children do different things. Besides begging and theft, they wash windshields at the 

crossroads, collect paper waste and old things, play at public buses, help other people. 

According to the outreach survey which ASTRA conducted in 2007, in this way children 

could earn between RSD 200 and 2000 (less often) 416 a day, which is often not enough 

for those to whom they bring the money and who often physically punish them. 

Some children work for themselves and spend their entire earnings for food, arcade games 

and glue (for sniffing) or contribute to their family budgets. Life on the streets brings them 

in contact with various people and various offers. Besides sexual offers, boys and girls are 

414 

http://www.mexico-child-link.org/street-children-definition-statistics.htm 

415 

Žegarac, N., Children Speak Out: Trafficking Risk and Resilience in South East Europe, Save the Children UK South East Europe Programme – See 

Europe Child Trafficking Response Programme, Belgrade, 2007. 

416 

Between around EUR 2.5 – 25. RSD/EUR exchange rate as of 31 December 2007 – 78.9985, Source: National Bank of Serbia http://www.nbs.rs/ 

export/sites/default/internet/latinica/scripts/ondate.html 

252


often offered “protection” in exchange for sex, jobs aboard, marriage, theft, and various 

kinds of “business” offers. One 17-year old girl was offered EUR 200 to bring a specific 

child to agreed location. These children rarely have access to public health system or 

rarely use it. They also do not go or are not regular at school. Only four children said that 

they went to school regularly. Some children go to “special” schools, although they show 

extraordinary resourcefulness and are highly eloquent in communication. 

Children say that they are not safe on the streets, that they are often attacked, sometimes 

even raped while trying to earn money, both by strangers and by parents, relatives whom 

they live with or their peers, even by the educators at children’s homes and the police. 

They say that they have never asked for help in the situations of violence because they 

have had bad experience when complaining to the police. Besides the police, they have 

not gone elsewhere for help, but “solve everything themselves”. 

ASTRA Database 

III.3.2.5. Physical Safety of Victims 

§ 710. The protection of victims/witnesses/injured parties is one of the most sensitive 

issues in the anti-trafficking field, bearing in mind the cruelty of this crime and trauma on 

one side and the use of victims/witnesses often as the only source of evidence at trial on 

the other. Threats that victims receive are most intensive right before and pending the 

trial. Their aim is to intimidate the victims, so that they would give up testifying or at least 

change their statement. 

§ 711. Victims of trafficking have right to safety. It is illegal/not permitted to enforce 

expulsion order the person is exposed to a serious risk in the country of origin. 417 

Therefore, a person can only be returned following an individual risk assessment which 

takes due account of risks of stigmatization and protects the victim’s privacy. Special risk 

assessment must be carried out for child victims, giving due consideration to the best 

interest and the views of the child. 

§ 712. Besides the necessity to apply the Law on the Protection Program for Persons Participating 

in Criminal Proceedings on trafficked persons, individual risk assessment is a complex issue 

which requires more serious approach and must be used in all stages of assistance. 

In the mentioned case of one of the first joint actions of the Mobile Team (representatives 

of ASTRA and the Agency for Coordination of Protection of Trafficking Victims), when 

three Romanian nationals – victims of sexual exploitation were found in one motel 70km 

east from Belgrade, local police department arranged transportation for the girls to 

Belgrade in their van. The police officers who brought the girls chose to meet with the 

417 

The Law on Aliens, Official Gazette of RS, no. 97/08 (Prohibition of forced expulsion, Article). 

According to the European Court of Human Rights case-law, under certain circumstances expulsion can be considered illegitimate when it exposes 

the person to inhuman treatment in the country of origin, not only as a consequence of the behavior of public officials but also of also of private 

individuals. See, in particular, Cruz Varas v Sweden – 20.3.91; Chahal v United Kingdom – Report of 15.11.96; H.R.L. v France – 29.4.97. 


ARTICLE 6 

representatives of the Mobile Team in a very busy parking lot. They were heavily armed. 

Arousing passers-by interest, the girls went from the police vehicle to the Agency’s car. 

After transferring the girls, the police officers returned to their vehicle and left the parking 

lot. This lack of balance in terms of equipment and poor risk assessment, i.e. until which 

moment protection was needed and when such need stopped is especially noticeable 

and raises the question whom the police wanted to protect – the girls or themselves. 


§ 713. NGOs that are in direct contact with victims also directly and indirectly receive 

threats and “warnings” to drop everything “for their own good”. Serbia does not have well 

developed mechanism of reaction of state authorities (in particular the police) to reports 

about such threats. Therefore, NGOs and their clients have to use regular procedure of 

reporting threats to local 911 number. Unfortunately, due to the urgency of the situation, 

this is often not an adequate way of protection. In specific crisis situations, NGOs were 

contacting police anti-trafficking teams with whom they regularly cooperated. Still, this 

form of protection is not institutionalized, but is based on personal contacts, which is 

insufficient for serious tackling of this problem. For protection, some NGOs installed 

surveillance video and alarm systems, but not all of them can afford it. Individual risk 

assessment for trafficked persons is not done in Serbia, but the entire protection is 

reduced to victim’s placement to the Shelter before the trial. For a long time, the shelter 

for trafficking victims in Belgrade did not have any protection system, but in case of 

urgency, the staff would contact the nearest police station. 

Sometimes, NGOs’ staff is the target of traffickers and their helpers, too. Thus, for 

example, during the trial to Milivoje Zarubica and others, ASTRA’s lawyer who represented 

the victims received threats several times, and her car was demolished twice. At the last 

trial session, she and other ASTRA representatives left the Palace of Justice escorted by 

the police. 

Also, during the trial in Sremska Mitrovica in 2005 for human trafficking offence 

committed against an underage girl, ASTRA staff was receiving threats on a regular 

basis. It culminated when the trafficker two times sent his “deputy” to the door of 

ASTRA’s office 

ASTRA Database, ID no. 218 and ID no. 814 

§ 714. The protection of victims most often means the protection during criminal 

proceedings. It is often forgotten that the victim remains being in danger even after the 

trial, but at that stage she is not “interesting” to the state authorities (the police, the 

prosecutor’s office, the judiciary) any longer. She/he is mostly left to her/his own devices. 

254


ASTRA has seen many examples of jeopardized security of trafficked persons outside the 

court proceedings. 

In March 2007, Serbian citizen who was exploited in Italy for a longer period of time 

returned to Serbia. After getting out of the trafficking chain, she spent one year in one of 

the numerous programs available to trafficked persons in Italy. 

The police officer who was in contact with her father during that period had an 

interview with her in Belgrade and referred her to ASTRA for legal aid and for joining 

the reintegration program. The case went on to the investigating judge of the Special 

Department for Organized Crime of the Belgrade District Court, whom the police officer 

who had interviewed the girl proposed to put her into the witness protection program. 

The girl was sold by Milivoje Zarubica Puja. She was recruited by a police officer who 

is still active in service, for which reason ASTRA was contacted by the inspector of the 

Internal Control Department interested in raising charges against him. His intention was 

to charge this police officer with the abuse of office. Although he said that there were 

other witnesses too and that the girl’s statement was not necessary, it is still not known 

what specific measures were taken in this case. 

Also the proceedings for trafficking offence before the Special Department for Organized 

Crime of the Belgrade District Court have not been started until December 2007. 

One of the questions which ASTRA’s client was especially interested in referred to the 

protection that she would have if she agreed to testify. However, besides vague hints 

on the recommendation that was given for her joining the witness protection program, 

without explaining her what this really meant, neither the police officer in charge of the 

case not the Internal Control inspector could clarify to her in which way they would protect 

her from the trafficker, the corrupt police officers or their friends. She was scared that, if 

they found out that she returned, they could look for her for “preventive intimidation”. 


In the example from ASTRA Database ID 814 in § 568 i § 570 you can read more about 

actual risks to trafficked victims’ security. 

§ 715. The issue of protection of trafficked persons was seriously approached only once 

before the passage of the Law on the Protection Program for Persons Participating in 

Criminal Proceedings, and this only thanks to the effort and maximum professional 

commitment of the then Deputy Special Prosecutor for Organized Crime who raised 

charges against the Pančevo Group before the Special Department for Organized Crime 

of the Belgrade District Court. 


ARTICLE 6 

In September 2003, a citizen of Serbia was placed at the shelter for trafficking victims 

after her repatriation from Italy. After two weeks, due to severe alcoholic crisis, she 

left the shelter and returned home, where she lived with her father and a five-year old 

daughter. Soon after, for the third time, she was placed at the Institute for Addiction 

Diseases, where she was admitted by the doctor who had been treating her before she 

ended up in the trafficking chain. 

This woman was witness/victim at the trial for trafficking offence which was pending before 

the Special Department of the Belgrade District Court in 2004. The two defendants were 

accused of threatening the girl to withdraw her statement about one of the traffickers. 

In addition to compromised security, under pressure of what was going on in court, her 

psychological and physical state considerably deteriorated. During this period, she was 

constantly drinking and taking tablets. She was prone to self-injuring and two times she 

tried to commit suicide, last time in November 2004. One month later, because of serious 

infection caused by cannula stick at the hospital, she was placed at the Military Medial 

Academy in Belgrade. She had had difficult relationship with her father from before and 

for everything described she was not able to take care of her daughter alone. She did not 

have contact with other people and rarely left the house. She often said that she would like 

to run away from everything and that she wanted to live in another country. 

In January and February 2005, her psychological state was still instable and she did not 

feel well physically. During that period, special safety measures were taken and police 

officers were assigned to be directly in charge of their implementation. 

At the end of February, the young woman was transferred to third country. Judgment at 

the trial in which she testified was rendered in December that year. 


The Pančevo Group sentenced to a total of 20 years in prison 

BELGRADE, 28 December 2005 (Beta) 

A group of ten members of the Pančevo criminal gang has been sentenced today before 

the Special Court to a total of 20 years in prison for human trafficking. 

As it is said in the judgment, members of this group forced XX to practice prostitution in 

Italy. She was taken to Croatia first, from where she was transferred from Split to Ancona 

by boat. 

Since she refused to practice prostitution voluntarily, the accused Dejan Stošić, who is 

sentenced to a four-year prison term, was beating her for several days, after which XX 

had to agree on the requests of the accused. At the beginning of September 2003, she 

ran away from Italy and reported everything to the police. The judgment also says that 

several of the accused threatened her to change her statement and offered her money, 

which constitute criminal offence of attempted coercion. 

256


The Presiding Judge of the panel Milimir Lukić said in the reasoning of the judgment that 

telephone conversations between the accused were taken as evidence, as well as the 

testimony of XX and the insight into false travel documents. The leader of the group Dejan 

Stošić is sentenced to a four-year prison term, but he is out of access of state authorities 

since he was arrested in Italy, but was not extradited to Serbia and Montenegro. 

Dimče Komov is sentenced to three-year imprisonment, Miodrag Stošić to 2.5 years, 

Dušan Šaponjić, Miodrag Nakomćić, Miodrag Milenković, Tiosav Vasiljević and Marko 

Zemunović to two-year prison term each, Vladimir Lukić to eight months and Saša 

Stojković to five months in prison. 

Beta, 28 December 2005 

§ 716. Physical protection of trafficked persons in Serbia is at the moment reduced to 

their placement at the closed-type shelter, without expert risk assessment and without 

prior expert analysis whether it is really necessary and sufficient. Since the Shelter did not 

have any security (unless the rented premises had internal cameras) for the largest part 

of their operation, in case of emergency, either caused by the trafficker or regarding other 

conflicts between the residents of the Shelter or caused by their psychological state, the 

staff would call the police, i.e. the anti-trafficking unit of the Belgrade Police Department. 

III.3.2.6. Possibility of Obtaining Compensation 

§ 717. Proceeds of crime, i.e. assets obtained by committing a criminal offence represent 

any property derived from or obtained, directly or indirectly, through the commission of 

the criminal offence 418 . Moreover, the laundering of criminal proceeds for the purpose of 

concealing their illicit origin shall also be criminalized 419 . There is a difference between 

the freezing and confiscation of proceeds. Freezing of the assets of criminal origin is a 

temporary prohibition of transfer, conversion and use based on the order by court or 

some other competent authority. On the other hand, confiscation is permanent seizure 

of property ordered by court or other competent authority. In the event that proceeds 

of crime have been fully or partially transformed or converted into other property of 

legal origin, the freezing and confiscation shall be done up to the estimated value of the 

intermingled proceeds of crime 420 . 

§. 718. One of the mandatory requirements set forth in Article 15 of the CoE Convention 

on Action against Trafficking in Human Beings relates to the requirement to State Parties 

to ensure that their legal systems contain measures that allow trafficking victims the 

opportunity to seek compensation for the damages suffered. 

§ 719. International documents set out a broad range of measures and modalities for 

418 

Article 2 (e) of the UN Convention against Transnational Organized Crime. 

419 

Article 6, Paragraph 1, Item a(i) f the UN Convention against Transnational Organized Crime. 

.420 

Article 12 (5) f the UN Convention against Transnational Organized Crime. 


ARTICLE 6 

seizure and confiscation of assets, and foresee special techniques that would enable 

state authorities be more efficient in enforcement. Regardless of the system for seizing 

proceeds of crime which national legislation decides for – seizure and confiscation by 

court in criminal and civil proceedings or administrative seizure and confiscation – the fact 

is that confiscated assets may be used for the indemnification of victims, for financing 

victim assistance and prevention programs, as well as for covering the costs of state 

agencies that work on combating this crime. 421 

§ 720. Victims of trafficking should be considered victims of a violent intentional crime 

for the purpose of the access to compensation in cross-border situations, according to 

Article 1 of the Council of Europe’s Convention on Compensation of Victims of Violent 

Crimes. In particular, the State where the crime was committed is responsible for paying 

compensation and is obliged to provide for a national scheme on compensation that 

guarantees fair and appropriate compensation to victims. However, in reality in most of the 

cases victims still do not receive compensation. Therefore the establishment of national 

funds for compensation is recommended. The right to compensation and labor law rights 

must be guaranteed even if criminal proceedings are terminated or discontinued for 

whatever reason. Therefore residence status and legal assistance to presumed trafficked 

persons should be extended until civil proceedings have been completed. 422 

§ 721. Compensation for trafficked persons is not usual in the Republic of Serbia. As it 

is said in the US State Department TIP Report for 2003: “Victims may file civil suits and 

seek compensation, but […] there is no victim compensation fund”. Actually, since the 

criminalization of trafficking offences until 31 December 2010, no trafficked person in 

Serbia was awarded compensation of damages. ASTRA has filed several compensation 

claims on behalf of its clients. The judgment was made only in one case, but until 

December 2010 it did not become final. 

The civil action for the compensation of damages was initiated by ASTRA on behalf of 

victim from Ukraine. In September 2007, civil judgment was made ordering the defendant 

to pay an amount of RSD 400,000; however, this judgment has not become final yet. 

The victim had to come again to Serbia and give a statement in civil proceedings in June 

2006. In cooperation with Ukrainian NGO “Women’s Center”, all preparations for her 

arrival were made. OSCE Mission to Ukraine covered the costs of air transport. At this 

point of preparation process it was especially uncertain whether we would be able to 

provide funds, since travel costs were initially to be paid by IOM Ukraine, but it turned out 

later that they did not have resources. 

ASTRA informed the Ukrainian Embassy about the arrival of their citizen and prepared the 

invitation letter for visa purposes which was sent through the Agency for Coordination of 

421 

Ilić G., Oduzimanje imovine stečene kriminalom, Revija za bezbednost, br. 5, Centar za bezbedonosne studije, Beograd 2008. 

422 


258


Protection of Trafficking Victims. It was agreed that the victim would be at the shelter for 

trafficking victims during her staying in Belgrade. 

The representatives of ASTRA and the police picked the victim up at the airport and her 

entire staying was in accordance with the plan. 

However, her giving of statement did not go smoothly as planned. Because of constant 

inappropriate comments, the judge warned the defendant that he would be removed 

from the courtroom and fined. He said that he could not listen to lies any more and asked 

himself to leave the courtroom, but returned after five minutes. At the moment when the 

victim in her statement came to the moment when she was talking about how she was 

exploited, the defendant started interrupting, saying that everything was a lie. The judge 

warned him again, but he did not stop, for which reason he was fined with RSD 30,000. 

After that, the defendant requested a change of the judge, accusing her of being biased 

and left the courtroom. However, such course of the court session did not have adverse 

impact on the further course of the process. 

The request for the change of the judge was dismissed and, with psychological finding 

that were submitted, additional testifying of the victim was not required. 


§ 722. In criminal proceedings, the court usually does not make decision on victim’s 

compensation claim, but refers them to litigation, which is, as a rule, lengthy, requires 

victim’s presence and implies high costs (for court fees, lawyer, etc.). This means that, in 

a way, the victim must go through what have happened to her/him and face the persons 

who sold and exploited her all over again. Litigation judges have not passed any human 

trafficking training and they often have difficulty understanding the extent of trauma 

and the danger of the new encounter between the victim and the trafficker. The problem 

is even worse when we talk about foreign victims who testify in criminal trials in Serbia 

and who are repatriated to their country of origin, because of which they are exposed 

to additional travel and accommodation costs if they wish to claim for compensation. 

The issue of their safety when they return to the country where they testified and their 

possible encounter with traffickers opens up again. The existing education programs for 

judges and prosecutors should be by all means continued, but an idea which should be 

taken into consideration is to include civil judges into these programs, as well, so as to 

reduce as much as possible the revictimization of the victim in court. It is to be seen in 

future how efficient the process of enforcement of final judgments will be in these cases. 

In April 2006, the Pančevo District Court in case no. 1351/05 agreed with the settlement 

proposed by the representatives of litigation parties. The proposal specified the amount 

which the defendants undertook to pay to ASTRA’s client on the account of non-material 


ARTICLE 6 

damage and litigation costs. As of the day of the signing, the settlement has become 

final and enforceable. However, until the end of 2007, ASTRA’s client did not receive the 

compensation. The defendants are in prison serving the sentence for a violent murder of 

her daughter, for which both of them are sentenced to a 12.5-year prison term. They do 

not have property based on which this payment could be collected, while the institution 

of the enforcement procedure would mean new costs for our client, who is now primarily 

focused on her deteriorating health. For all these reasons, the case has been in status quo 

for four years and there is no hint of efficient legal solution. 


III.3.2.7. Financing Victim Assistance Programs 

§ 723 In conclusion, it can be said that comprehensive assistance and protection of 

trafficked persons is possible only with maximum involvement of state actors and with 

the usage of resources and experiences of NGOs. It requires greater political will and 

budget allocations for combating human trafficking. “Fight against organized crime is in 

that respect specific, since it represents a long-term process – no country in the world has 

succeeded to fully eradicate organized crime. The success of its prevention and eradication 

will depend on numerous other factors, but also on resources which the government 

earmarks for this purpose. In the Law on the Budget of the Republic of Serbia, there is no 

explicit budget item under which resources are allocated for combating human trafficking. 

How is it than that the state complies with the obligations accepted by signing the UN 

Convention against Transnational Organized Crime? Does this mean that the state has not 

allocated any funds for this purpose? On the other hand, if it has, to whom are such funds 

given and how are they spent? If one dinar is allocated from the Serbian treasury for this 

purpose, how much money reaches the final beneficiary? One dinar? 0.10 dinars? Or less? 

Are there adequate supervising mechanisms for that? To what extent is it possible for the 

citizens or civil society organizations to take part in the activities related to the allocation 

and control of spending of budgetary assets for combating human trafficking?” 423 

§ 724. One of the strategic goals of the National Action Plan to Combat Human 

Trafficking for the period 2009-2011 is the enhancement of the national mechanism 

for identification, assistance and protection of victims. That strategic goal also implies 

managing financial resources in the budget of the Republic of Serbia for a continuous 

support to the shelters for victims of human trafficking. For now, there is no special 

budget line for helping victims of human trafficking, and the help the state provides for 

these purposes was on a one-off basis. 

423 

Marković A., Milutinović D., Ima li novca za borbu protiv trgovine ljudskim bićima? – istraživanje o mogućnostima finansiranja i kontroli trošenja 

sredstava iz budžeta Republike Srbije namenjenih borbi protiv trgovine ljudima, Centar za ljudska prava, CRS, Beograd 2004. (unpublished 

document in the author’s possession). 

260


§ 725. The Agency for Coordination of Protection of Trafficking Victims obtained 

significant financial resources collected from the citizens of Serbia through selling of 

charity stamps which contained motives from the most successful children’s drawings 

from the art contest “Modern Slavery” which the Ministry of the Interior launched in 

October 2007 424 . In accordance with the Conclusion of the Government of the Republic 

of Serbia, the charity stamp was sold from 21 to 26 January 2008, which resulted in 

raising 4,600,000 RSD (around 50.000 EUR) which were referred through the Agency to 

directly help the victims of human trafficking. Until now, fifty victims of human trafficking 

received help from that fund 425 . 

§ 726. The US State Department strongly supported the activities aimed at suppressing 

human trafficking and since 2001, 2009 inclusive, the American agencies awarded 

about 686 million USD for the international activities in the field of combating human 

trafficking 426 . In the period 2008-2010 only, the Office for Monitoring and Combating 

Human Trafficking of the US State Department awarded 59 million USD for the realization 

of the bilateral, regional and international projects 427 . 

§ 727. They supported United Nations (UN) and other international agencies and offices, 

including the UN Office on Drugs and Crime (UNODC), International Labor Organization 

(ILO), International Organization for Migration (IOM), United Nations Children’s Fund 

(UNICEF), and UN High Commissioner for Refugees (UNHCR), Organization for Security 

and Cooperation in Europe (OSCE), the Coordinated Mekong Ministerial Initiative Against 

Trafficking (COMMIT), and the Regional Conference on Migration. 428 

424 

http://www.mup.gov.rs/domino/arh2007.nsf/11oktp07likkonl 

425 

http://www.seio.gov.rs/code/navigate.asp?Id=2 

426 

http://www.legalrightsinstitute.org/images/CRS_Report.pdf 

427 

http://www.state.gov/g/tip/intprog/index.htm 

428 

United States Government Accountability Office, Report to Congressional Requesters, July 2007, Human Trafficking - Monitoring and Evaluation 

of International Projects Are Limited, but Experts Suggest Improvements (GAO-07-1034). 


ARTICLE 7 


Women and Children, Article 7 – Status of victims of trafficking in persons in 

receiving states 

CoE Convention on Action against Trafficking in Human Beings, Article 8 - 

Security and control of documents and Article, Article 14 – Residence permit 


Article 7 

Status of victims of trafficking in persons in receiving States 

1. In addition to taking measures pursuant to article 6 of this Protocol, each State Party 

shall consider adopting legislative or other appropriate measures that permit victims 

of trafficking in persons to remain in its territory, temporarily or permanently, in 

appropriate cases. 

2. In implementing the provision contained in paragraph 1 of this article, each State Party 

shall give appropriate consideration to humanitarian and compassionate factors. 

CoE 

Article 14 

Residence permit 

1. Each Party shall issue a renewable residence permit to victims, in one or other of the two 

following situations or in both: 

a. the competent authority considers that their stay is necessary owing to their 

personal situation; 

b. the competent authority considers that their stay is necessary for the purpose of their 

co-operation with the competent authorities in investigation or criminal proceedings. 

2. The residence permit for child victims, when legally necessary, shall be issued in 

accordance with the best interests of the child and, where appropriate, renewed under the 

same conditions. 

3. The non-renewal or withdrawal of a residence permit is subject to the conditions provided 

for by the internal law of the Party. 

4. If a victim submits an application for another kind of residence permit, the Party concerned 

shall take into account that he or she holds, or has held, a residence permit in conformity 

with paragraph 1. 

5. Having regard to the obligations of Parties to which Article 40 of this Convention refers, 

each Party shall ensure that granting of a permit according to this provision shall be without 

prejudice to the right to seek and enjoy asylum. 

262



§ 728. Palermo Protocol makes no obligation for State Parties to legislate measures 

relating to the status of victims. However, it recommends adopting measures for the 

temporary or permanent residence of victims of trafficking having in mind that this may 

encourage victims to report incidents and testify against traffickers. Unlike the Protocol, 

the CoE Convention in Article 14 requires that State Parties issue residence permits for 

trafficking victims. Two conditions stipulated in Article 14 (1) for issuing residence permit 

are that the victim’s stay is either “needed for his/her own personal situation“ or that 

it is “necessary for his/her cooperation with the authorities in investigation or criminal 

proceedings.“ The aim of these conditions is to enable the States to choose whether they 

will approve residence permits in exchange for cooperation with judicial authorities, or 

they will issue a residence permit on the basis of the victim’s needs, or both of these 

conditions will be adopted concurrently. The Convention is left to the discretion of a 

State Party to determine the length of the residence permit, although the States have to 

determine the length in accordance with the aim of the provision. For example, the Council 

of Europe’s Directive dated 29 April 2004 on the residence permit issued to third-country 

nationals stipulates a minimal period of 6 months to those who are victims of human 

trafficking or who have been the subject of an action to facilitate illegal immigration and 

who cooperate with the competent authorities. The CoE Convention also stipulates the 

possibility to renew the permit. 

§ 729. We shall start our analysis with the conclusion that the Republic of Serbia has 

joined countries which have adopted legislative measures concerning the status of 


§ 730. Namely, pursuant to Article 28 (1) of the Law on Aliens 429 , as well as according 

to obligations undertaken upon signing international conventions, primarily the UN 

Convention against Transnational Organized Crime and Recommendation of the UN High 

Commissioner for human rights “Principles on Human Rights and Trafficking in Human 

Beings”, a victim of human trafficking shall be granted a temporary residence permit on 

humanitarian grounds. The permit shall be issued by the law enforcement authority with 

jurisdiction in the victim’s place of residence. 

§ 731. Conditions for issuing residence permits to foreigners in Serbia are regulated by 

the Law on Aliens applied since April 2009. The question of residence of foreign citizens 

identified as trafficking victim in the territory of Serbia is for the first time mentioned in 

this Law. Namely, this Law stipulates that, if it is in the interest of criminal proceedings for 

the criminal act of human trafficking, the alien citizen who was the victim of the criminal 

act shall be granted a temporary residence permit in the Republic of Serbia if this does 

not oppose reasons of public order protection or the security of the Republic of Serbia 

and its citizens, or if there is justifiable doubt that the residence will not be used for the 

429 



ARTICLE 7 

purpose intended {Article 28 (5) of the Law on Aliens}. Therefore, trafficking victims will 

be granted temporary residence only if it is in the interest of criminal proceedings and 

cooperation with judicial authorities and not based on their personal situations. 

§ 732. During their temporary stay in the Republic of Serbia, trafficking victims not having 

enough financial assets shall be provided adequate accommodation, food and basic living 

conditions {Article 28 (6) of the Law on Aliens}. 

§ 733. The Law sets forth that the temporary residence lasts as long as it is in the 

interest of the persons in criminal proceedings. Approving temporary residence to foreign 

nationals is entered into the travel document and (as it often happens) if the trafficked 

person does not have the passport, his/her temporary residence shall be approved and 

extended by the formal decision issued by the authority in charge {Article 29 (3), (4) and 

(5) of the Law on Aliens. 

§ 734. For the purpose of this report it should be noted that the procedure of approving 

temporary residence permits to foreign citizens who are trafficking victims is specified 

by the bylaw of the Ministry of the Interior, more specifically the Instruction for the 

enforcement of the Law on Aliens 430 , which has taken over the provisions of the former 

Instruction on Conditions for Approving Temporary Residence to Foreign Nationals 

Trafficking Victims and parts of the former Instruction on the Procedure for Approving 

Temporary Residence to Foreign Nationals Trafficking Victims. 

§ 735. The Instruction for the enforcement of the Law on Aliens gives a detailed outline 

of the procedure, necessary documents and conditions needed for the issuance of a 

temporary residence permit. Accordingly, based on the Law on Aliens, the victim may 

be issued a temporary residence permit on humanitarian grounds with the validity of 3 

months, for the purpose of providing protection and assistance in the recovery and return 

to the country of origin or previous residence. In that period, the victim should recover 

and reflect on whether he/she wants to go back home or to testify against the traffickers. 

§ 736. If, after the expiry of the recovery period, the victim decides to cooperate with the 

authorities in identification of criminal acts and their perpetrators, he/she may be granted 

a temporary residence lasting for 6 months, which can, to a certain extent, be perceived 

as conditioning of the victim to participate in the court proceedings. 

§ 737. If the victim of human trafficking actively participates in the court proceedings 

(criminal and civil) as a witness or injured party, he/she may be granted temporary 

residence for a year. 

§ 738. Procedure for applying is relatively simple, while the documents required are only 

those accessible to victim and to competent authorities, i.e. Agency for Coordination of 

Protection of Trafficking Victims that applies in the name of the victim for the issuance of 

temporary residence permit 431 . Application is submitted to the authorized law enforcement 

430 

The Instruction was issued by the Minister of the Interior of Serbia, filed under no. 1089/09-11 of 14 July 2009. 

431 

Apart from request for approval of temporary residence, the needed documents include: a photograph; travel document or some other document 

264


secretariat according to the place of residence of the victim, within seven days after the 

placement of a foreign national in a shelter for trafficking victims or some other type of 

placement, or within three days before the expiry of the temporary residence permit. For 

the victims placed in the shelter in Belgrade, the address of residence submitted is the 

address of the Agency, in order to keep secret the location of the shelter. 

§ 739. Here we want to point out to some aspects of the implementation for the 

Instruction for the enforcement of the Law on Aliens. This Instruction covers all foreign 

nationals regardless of their gender: temporary residence may also be granted to male 

victims of human trafficking, who according to the assessment of the Agency, need 

protection and assistance. Likewise, temporary residence permit cannot be revoked 

automatically upon finalization of the court proceedings. Finally, temporary residence 

granted to the trafficking victims under this Instruction, assumes freedom of movement 

and right to work in the country, as well as possibility of prolonging the stay based on the 

findings of the Agency. 

§ 740. Trafficking victims are granted temporary residence by urgent procedure, lasting 

only 3 days instead of the regular 30 days. During that period, the trained police officers 

will conduct an interview, trying to avoid secondary victimization of the victim. 

§ 741. Having in mind that trafficking victims often do not possess travel documents or 

they used counterfeited documents, temporary residence may be approved in the form 

of a certificate. 

§ 742. Trafficking victims are issued temporary residence permits free of charge. 

§ 743. Finally, temporary residence in the cases of trafficking may be prolonged if the 

reasons for its approval are still present. 

§ 744. In a nutshell, the Aliens Law explicitly regulates issues of approving residence 

permits to foreigners who have been trafficking victims. Unlike the solution previously 

valid, in this case residence is secured as a reward for testifying; more concretely, it is 

approved only if it is in the interest of the criminal proceedings taken for the criminal act 

of human trafficking. Serbia has also obliged that in such cases persons in question should 

be supplied with adequate accommodation, food and basic living conditions. Although 

the above stated generally fulfils the obligations from Article 14 of the CoE Convention 

and recommendations from Article 7 of the Palermo Protocol, we have to say regretfully 

that the possibility to approve residence to trafficking victims out of humanitarian and 

charity reasons has been given up, i.e. this issue is not regulated by the Law, but only 

through the implementation of the Instruction for the Enforcement of the Law on Aliens. 

that verifies the identity of the holder; report letter of the Agency; letter of a relevant organization that verifies that the victim is included into 

a reintegration program; if appropriate, a request for the issuance of entry/exit visa; letter of the competent authority that confirms the victim’s 

participation in identification of criminal acts; letter of the authorized court or prosecutor’s office that confirms the victim’s active involvement in 

the court procedure, as a witness/injured party; letter of the police that confirms that the victim’s personal safety is jeopardized. 


ARTICLE 7 

III.4.2. Practice Analysis 

§. 745. Until the passage of the first Interior Ministry’s Instruction on Conditions for 

Approving Temporary Residence to Foreign Nationals Trafficking Victims in 2004 (now 

incorporated, together with the Instruction on the Procedure for Approving Temporary 

Residence, into the Instruction for the enforcement of the Law on Aliens), foreign 

nationals – trafficking victims were treated as illegal migrants. Most often, following the 

decision of city petty offence authority, or even without such decisions, victims were sent 

to the Detention Center for Illegal Migrants in Padinska Skela 432 . This is a closed-type 

institution, where they were waiting for return, which was most often organized by IOM 

within their other programs. 

§ 746. Even today, in certain situations, the police themselves did the return of these 

persons to the border of the country from which they entered the territory of the then 

Federal Republic of Yugoslavia, regardless of whether they were the citizens of that country 

or not. This was convenient to traffickers, who were often organizing the “reception” of 

victims on the other side of the border and, through the same or some other channels, 

returning them to the trafficking chain. 

In November 2010, a police officer working on the border crossing to the Republic of 

Srpska near Loznica contacted ASTRA for the matter concerning A.J (25) whom he 

believed to be a human trafficking victim. The girl had been recruited in the Republic of 

Srpska and taken to Serbia, where she was exploited and forced to prostitution. The girl 

expressed her wish to return to Srpska, where she has two underage children and she did 

not want to stay in the shelter in Serbia. After the police officer made phone call to the 

representative of the Agency, he decided to hand over A.J. to the police of Bosnia and 

Herzegovina, after which every contact with the victim was lost. It was not established 

whether A.J. was placed into some of the safe houses in Bosnia and Herzegovina, or was 

she returned to the trafficking chain. 


§ 747. When the institutions started recognizing human trafficking problem and 

trafficking victims, foreign citizens were, together with domestic nationals, placed at the 

only shelter for trafficked persons that existed at that time. This Shelter was supported 

by IOM. Victims would stay there until their travel and other necessary documents had 

been prepared. 

§ 748. However, since their status was not regulated, victims were often kept locked at 

the Shelter for several months. The most widely used excuse by both the shelter staff and 

432 

Since 2002 until the adoption of the Instruction, the police officers of the Border Police Directorate were “tolerating” illegal status of foreign 

citizens who were identified as trafficked persons. Such practice of “tolerating” is not mentioned in any document, as well as the criteria regarding 

who exactly and in what situations would be tolerated. Namely, in all cases where the police failed to recognize and identify the victim, he/she 

could have been deported, i.e. denied of the rights guaranteed by the Protocol. 

266


the police for such situation was that they could not have been responsible if something 

had happened to them and that they did not have necessary documents that would 

enable them free movement. 

In the course of 2003 and 2004, two Ukrainian nationals, who were witnesses in the 

process against Milivoje Zarubica and his helpers, were placed at the shelter for trafficking 

victims. At the same time, the shelter provided accommodation for a girl from Moldova, 

arrested during the “Saber” operation together with Zarubica’s cousin and collaborator 

Milovan Miletić while he was hiding from the police to avoid arrest. All three victims 

spent more than six months at the shelter, waiting for the trial, when they were supposed 

to give their statements and return to their countries. During this period, their movement 

was completely restricted to the Shelter. Such situation caused indignation, apathy and 

numerous other changes in victims’ psychological state. 

Another girl, also from Moldova, found herself in similar situation. She gave birth to a child 

during her transit across Serbia, before the exploitation phase started. She spent almost 

one year with her baby at the Shelter. In addition to not having personal documents, the 

procedure for getting the permit to take out the baby who was not Serbian national was 

rather long, which was in this case the main reason for their long staying in Serbia. 


§ 749. The third Regional Ministerial Forum of the Stability Pact held in Tirana on 

December 11, 2002, resulted in the signing of the Statement of Commitment, by which 

all SEE Interior Ministers committed to legalize the status and grant residence to the 

victims of trafficking until the completion of their rehabilitation, all of these aimed at 

enabling their testifying against traffickers, and consequently, more efficient breakage of 

this form of organized crime. 

§ 750. The Instruction of the Interior Minister of 2004 described in the Legal Analysis has 

certainly excluded the possibility of the violation of victims’ human rights, in particular 

the right to free movement. However, it may still happen in practice that trafficked 

persons – both foreign and domestic nationals – are denied the freedom of movement 

outside the closed-type shelter, at least in the first period, until they win the trust of 

persons in charge of taking care of them 433 . 

§ 751. The Instruction reads: “If after the recovery period of three months a trafficked 

person decides to cooperate with the authorities in the investigation of criminal offences 

and perpetrators, she/he may be approved temporary residence of six months.” The 

Agency officer said that the residence permit had been extended in one case, although 

the victim had not taken part in court proceedings. This was done for safety reasons, 

because it was believed that it would not safe for her to return to her home country. 

433 

The only closed-type shelter for trafficking victims ran by the Counseling Center against Family Violence was closed in October 2010. 


ARTICLE 7 

§ 752. Moreover, “if there is a need for the victim to leave the country and return later, 

she/he may be issued exit/entry visa in the same way as to any other foreign national 

who has approved temporary residence.” If the victim does not have a passport, which is 

often the case with regard to persons who have survived human trafficking, she/he will be 

issued emergency travel document and exit visa. 

§ 753. According to the Instruction for the enforcement of the Law on Aliens, when 

applying for temporary residence, “trained police officers will conduct an interview, trying 

to avoid secondary victimization”. This means that sensitized and trained workers of the 

Serbian Interior Ministry shall conduct basic interview with the victim, trying to avoid 

any unnecessary contacts between the victim and other police officers in uniform, i.e. 

it should not take place at the police buildings. The Agency officer said that the police 

most often did not make an interview or contact with the victim at all with regard to the 

issuance of humanitarian residence permit, and that, in her opinion, it is enough for them 

to have the contact only with the Agency. 

§ 754. Further, the Instruction reads: “When the trafficked persons do not possess any 

travel documents at the moment of applying for temporary residence, temporary residence 

may be approved based on the decision of competent law enforcement authority.” In 

practice, this means that the victim may obtain written decision on temporary residence 

instead of a stamp in the passport which she/he does not have. 

§. 755. It is also said in the Instruction that, “the address of the Agency shall be stated as 

the address of reported residence”. Departures from this rule have been made twice so 

far, because the victims were accommodated in other towns under jurisdiction of other 

law enforcement authorities. 

§ 756. The request for temporary residence should be filed together with the evidence 

of the paid administrative fee. However, in practice, persons identified as trafficking 

victims do not have to pay this fee. This benefit has been achieved only thanks to the 

engagement of IOM office in Serbia. 

§ 757. The instruction should have contributed to the respect for reflection period, which 

is in literature defined as a period necessary for the first stabilization of a trafficking victim 

after her/him having suffered traumatic experience. Still, this stage in the treatment of 

victims is not recognized as significant, but the period of three months specified in the 

Instruction is used for direct or indirect persuading the victim that it is important for her/ 

him to testify “for his/her own good”. 

§ 758. In such or similar situations, victims are often suspicious of actual reasons for their 

long staying at the shelter. It seems to them that they are kept there on purpose for the 

needs of the police or court, while their own needs are not important. What especially 

bothers them is that they know that traffickers, or some of them, are not in jail, while 

they are kept at the shelter, where, because of restricted movement, they feel like in 

268


jail. Consequently, they keep their distance from the staff of the Shelter, insist on quick 

return, want to give up testifying or become uncommunicative. In the majority of cases, 

neither their legal representatives not the shelter staff can tell them precisely when they 

will be summoned to court. Therefore, it is necessary to speed up as much as possible 

the procedure related to testifying, especially bearing in mind that the law provides for 

the possibility to record the statement. Such a solution would speed up the repatriation, 

while the usage of a recorded statement from the investigation would eliminate the need 

for victims’ presence at the trial and thus prevent their revictimization. 

Besides numerous negative examples, there is an increasing number of the examples of 

good practice. In the case of Bulgarian citizen described in the previous sections of this 

Report, in a record period of four days the victim was questioned in the investigating 

process and did the identification of the perpetrators, after which he could return to his 

country. Such a prompt reaction was significant especially with regard to the fact that the 

victim was a 16-year old boy with disability. 


§ 759. Reflection and recovery period is a period of time granted to a person who is 

presumed to be trafficking victim to take a rest, break free from traffickers’ influence, 

understand her/his current situation and consider future steps, including the decision to 

testify against the perpetrator. 

§ 760. In our opinion, reflection and recovery period is for no good reason discussed only 

in the context of foreign and domestic nationals who have been placed at the shelter 

after they got out of the trafficking chain. It is forgotten that domestic nationals who are 

not at the Shelter, but live in some other sort of accommodation, have the same or at 

least similar problems and needs (health, legal, psychological), and that they also need 

reflection and recovery period. 

§ 761. At the conclusion of this chapter, we note that since the introduction of the 

Instruction until the end of 2010, 30 humanitarian residence permits were issued to the 

same number of foreign nationals that were the victims of trafficking. For nine victims, 

the permits were subsequently extended. According to the Agency officer, the procedure 

indicated in the Instruction for the enforcement of the Law is applied in practice. The 

cases of breaching the procedure also occurred, but only in situations when in favour of 

the trafficking victims. 


ARTICLE 8 


Women and Children, Article 8 - Repatriation of victims of trafficking in persons 

CoE Convention on Action against Trafficking in Human Beings, Article 16 - 

Repatriation and return of victims 


Article 8 

Repatriation of victims of trafficking in persons 

1. The State Party of which a victim of trafficking in persons is a national or in which the person 

had the right of permanent residence at the time of entry into the territory of the receiving 

State Party shall facilitate and accept, with due regard for the safety of that person, the 

return of that person without undue or unreasonable delay. 

2. When a State Party returns a victim of trafficking in persons to a State Party of which that 

person is a national or in which he or she had, at the time of entry into the territory of 

the receiving State Party, the right of permanent residence, such return shall be with due 

regard for the safety of that person and for the status of any legal proceedings related to 

the fact that the person is a victim of trafficking and shall preferably be voluntary. 

3. At the request of a receiving State Party, a requested State Party shall, without undue or 

unreasonable delay, verify whether a person who is a victim of trafficking in persons is its 

national or had the right of permanent residence in its territory at the time of entry into the 

territory of the receiving State Party. 

4. In order to facilitate the return of a victim of trafficking in persons who is without proper 

documentation, the State Party of which that person is a national or in which he or she had 

the right of permanent residence at the time of entry into the territory of the receiving 

State Party shall agree to issue, at the request of the receiving State Party, such travel 

documents or other authorization as may be necessary to enable the person to travel to 

and re-enter its territory. 

5. This article shall be without prejudice to any right afforded to victims of trafficking in 

persons by any domestic law of the receiving State Party. 

6. This article shall be without prejudice to any applicable bilateral or multilateral agreement or 

arrangement that governs, in whole or in part, the return of victims of trafficking in persons. 

CoE 

Article 16 

Repatriation and return of victims 

1. The Party of which a victim is a national or in which that person had the right of permanent 

residence at the time of entry into the territory of the receiving Party shall, with due regard 

270


for his or her rights, safety and dignity, facilitate and accept, his or her return without 

undue or unreasonable delay. 

2. When a Party returns a victim to another State, such return shall be with due regard for the 

rights, safety and dignity of that person and for the status of any legal proceedings related 

to the fact that the person is a victim, and shall preferably be voluntary. 

3. At the request of a receiving Party, a requested Party shall verify whether a person is its 

national or had the right of permanent residence in its territory at the time of entry into the 

territory of the receiving Party. 

4. In order to facilitate the return of a victim who is without proper documentation, the 

Party of which that person is a national or in which he or she had the right of permanent 

residence at the time of entry into the territory of the receiving Party shall agree to issue, at 

the request of the receiving Party, such travel documents or other authorisation as may be 

necessary to enable the person to travel to and re-enter its territory. 

5. Each Party shall adopt such legislative or other measures as may be necessary to establish 

repatriation programmes, involving relevant national or international institutions and non 

governmental organisations. These programmes aim at avoiding re-victimisation. Each 

Party should make its best effort to favour the reintegration of victims into the society 

of the State of return, including reintegration into the education system and the labour 

market, in particular through the acquisition and improvement of their professional skills. 

With regard to children, these programmes should include enjoyment of the right to 

education and measures to secure adequate care or receipt by the family or appropriate 

care structures. 

6. Each Party shall adopt such legislative or other measures as may be necessary to make 

available to victims, where appropriate in co-operation with any other Party concerned, 

contact information of structures that can assist them in the country where they are 

returned or repatriated, such as law enforcement offices, non-governmental organisations, 

legal professions able to provide counselling and social welfare agencies. 

7. Child victims shall not be returned to a State, if there is indication, following a risk and 

security assessment, that such return would not be in the best interests of the child. 


§ 762. In principle, conformity with the basic requirements of Article 16 of CoE Convention 

involves primarily the issuance of administrative instructions to the appropriate officials 

and ensuring that the necessary resources are available to permit them to provide the 

necessary assistance. Legislative amendments might be required however, to ensure that: 

• Without unreasonable delay, it is verified whether a trafficking victim is a national 

or has the right of permanent residence and he/she is issued the necessary travel 

documents for re-entry. 


ARTICLE 8 

• Officials are required to act (or in appropriate cases, to consider acting) in response to 

requests and that they have the necessary legal authority to issue visas or other travel 

documents when a national or resident is to be returned. Thus, amendments might 

be needed to laws governing the issuance of passports or other travel or identification 

documents to ensure that they may lawfully be issued in repatriation cases and that the 

appropriate officials have sufficient powers to issue them based on appropriate criteria. 

• Those who claim to be victims have an opportunity to do so in appropriate proceedings, 

including proceedings to deport them as illegal immigrants and proceedings in which 

they are prosecuted for criminal offences that they are alleged to have committed 

while being victims. 

• Officials or tribunals responsible for matters relating to illegal immigration and 

deportation do not order or carry out orders of deportation of a victim while that 

person was required in criminal proceedings against alleged traffickers or in relation 

to other offences covered by the Convention, or in civil proceedings against alleged 

offenders. Legislation could direct such officials or tribunals to verify whether any 

relevant proceedings were ongoing and, if so, to take the status of such proceedings into 

consideration before deporting a victim. An important element in some countries will 

be ensuring that there are adequate links between law enforcement and prosecution 

officials who may be developing a criminal case against traffickers and immigration 

authorities responsible for deporting and repatriating victims to ensure that victims 

are not removed before they can participate effectively in the criminal process. 

• Any repatriation of victims must be with due regard for the safety of that person - this 

requirement also applies to victims who have not been witnesses. 

• Actual repatriations are preferably, but not necessarily, voluntary, and should take 

into consideration the status of any ongoing legal proceedings involving the victim 

as such. Also, repatriation should not be carried out until any relevant nationality or 

residency status has been ascertained. 

• In addition to this, the CoE Convention demands the creation of repatriation program. 

The purpose of such program is to avoid further victimization. Every State Party should 

put maximum effort in (re)integration of victims into the society of the country he/she 

returns to, including (re)integration into the system of education and labor market, 

particularly by means of acquiring and advancing their professional qualifications. 

As regards children, such programs should encompass the realization of their rights 

to education and measures to provide adequate protection or acceptance by the 

family or institutions responsible for child care. The child victims of human trafficking 

shall not be returned to any state if, upon the assessment of risk and security, the 

indications occurred that this may not be in his/her best interest. 

272


§ 763. We shall start this part of the Report with measures referring to trafficking victims 

who are residents of the Republic of Serbia. The Travel Documents Law 434 enables a 

person not owning a travel document to enter the country if it is ascertained that he/she 

is a Serbian national (Article 4 of the Travel Documents Law). 

§ 764. Second, if a person is left without a travel document in a foreign country, 

he or she is entitled to obtain an emergency travel document in order to return to 

Serbia. Serbian diplomatic and consular missions abroad are empowered to issue such 

documents. Accordingly, as far as Serbian citizens – trafficking victims are concerned, 

Serbian diplomatic and consular missions have the necessary legal authority to issue 

travel documents to them in repatriation cases, as required by the standards set forth by 

international documents. 

§ 765. With regard to aliens, until recently the Serbian legislator was generally not 

dealing enough with repatriation, including repatriation of trafficking victims. However, 

harmonization of migration and immigration policies with the EU standards and Serbian 

will to join the visa-free Schengen regime have changed significantly the Serbian legislator’s 

stance on this problem in a normative sense. Therefore, as we have previously pointed out, 

the new Aliens Law stipulates a possibility that an alien, who is victim of human trafficking, 

is approved a temporary stay and supplied with suitable accommodation, food and basic 

living conditions (Article 28, Paragraph 5). We would also like to point out that an alien 

for whom is impossible to be immediately banished from the territory and an alien whose 

identity has not been ascertained or not owning a travel document, as well as in other 

cases, will be ordered a stay by the competent authority in the Detention Centre for 

Foreigners of the Ministry of the Interior (Article 49). The stay in the Centre shall last until 

the alien is banished, not exceeding 90 days. Every person put in the Detention Centre 

can contact representatives of diplomatic and consular missions from his/her country of 

origin. Trafficking victims are put in suitable social welfare institutions and shelters of 

civil society organizations. Minors are placed into a shelter with their parents, i.e. other 

legal representative unless a competent guardian authority estimates that another 

accommodation is more favorable for him/her (Article 52). The Aliens Law spells out 

explicitly that a minor cannot be returned to his/her country of origin or any third state 

ready to accept him/her until a suitable receipt has been secured (Article 5, Paragraph 2). 

§ 766. Finally, during the whole procedure of banishment, the competent authority is 

obliged to take care of a specific situation of the alien with disabilities belonging to any of 

these categories: minors, persons fully or partially deprived of capacity to work, children 

separated from their parents or guardians, persons with disabilities, senior citizens, pregnant 

women, single parents with underage children and persons exposed to torture, rape and 

other serious forms of psychological, physical and sexual violence (Article 58, Paragraph 1). 

While exercising official duties towards these categories of aliens, the competent authority 

434 



ARTICLE 8 

shall be obliged to act in accordance with regulations regulating a position of persons with 

disabilities and with international agreements (Article 58, Paragraph 2). 

§ 767. There is no special program on repatriation, but the issues referring to reintegration 

and social inclusion of trafficking victims are spelled out in the Migration Management 

Strategy, the Strategy for Suppression of Illegal Migrations for the period 2009-2014 and 

in the National Action Plan to Combat Human Trafficking for the period 2009-2011. 

§ 768. In the Migration Management Strategy adopted in 2009, it is stated that 

conditions for the protection and social (re)integration of trafficking victims are not 

sufficiently ensured. Beside the fact that special shelters for underage trafficking victims 

have insufficient capacity, the operation of shelters for human victims is also not specified 

by regulations. Also, the Strategy spells out that work of the Agency for Coordination of 

Protection for Trafficking Victims should be improved so that the coordination of activities 

and the organization of protection are separated; whereby the organization of protection 

should be exercised by the existing agencies for social protection – namely, social welfare 

centers which should be secured with adequate human resources and material conditions 

in local communities where the biggest number of victims are identified. Additionally, 

there is a problem of poor financial means for creating conditions for social integration of 

victims (residence, material help and employment). 

§ 769. Hence, the Strategy stipulates three important strategic aims: setting and 

application of mechanisms for comprehensive and consistent monitoring of migration 

flows in the Republic of Serbia; completion of strategic, legal and institutional framework 

for uniform migration management; and protection of migrants’ rights, creation of 

conditions for integration and social inclusion with raising awareness on the importance 

of migrations. For that purpose a Coordination Body has been formed with an aim to 

monitor and manage migrations, consisting of ministers competent for certain migration 

aspects within their ministries, while the Commissariat for Refugees executes expert, 

operative work, as well as administrative and technical tasks for the Coordination Body. 

§ 770. The Strategy of Combating Illegal Migrations for the period 2009-2014 435 refers 

to documents on combating human trafficking among other things, its general aim being 

significant improvement of effectiveness and increase of efficiency in fighting illegal 

migrations. The Strategy sets forth foundation for the Government’s inter-department 

advisory body which will coordinate the process of implementation, supervision, control, 

evaluation and revision of the Strategy. Through the development of cooperation among 

all subjects in the Strategy, the advisory body will also have a strong prevention role 

in combating illegal migrations. It is important for the sake of our discussion to note 

that a special aim has been set by the Strategy: development of the system of measures 

towards illegal migrants – trafficking victims. 

§ 771. With regard to victims’ repatriation, aims to be realized and measures to be 

435 


274


adopted are specified in the National Plan of Action to Combat Human Trafficking for the 

period 2009-2011 436 adopted by the Serbian Government. As one of its strategic aims, 

the NPA stipulates prevention of secondary victimization of victims/witnesses by the 

state authorities by means of: a) consistently respecting human rights of victims and 

applying international standards for protection of human rights of trafficking victims 

in combating human trafficking such as UNICEF Guidelines on the Protection of Child 

Victims of Trafficking in Southeast Europe and UNHCR Principles and Guidelines on 

Human Rights and Human Trafficking; b) improving regulations with the aim of more 

efficient protection of victim and enabling the detection, prosecution and sanctioning 

of perpetrators of the crime of human trafficking; and c) providing efficient damage 

compensation for trafficking victims. 

§ 772. The strategic goal no.9 of the NPA envisages creation of long-term programs of 

protection and reintegration of trafficking victims in order to: (a) provide psychosocial 

support, protection and assistance to all trafficking victims, regardless of their willingness 

to cooperate with state authorities in the procedures of investigation and evidence; (b) 

enable the continuation of schooling; (c) offer professional development; (d) provide 

adequate housing for trafficking victims and (e) find out the possibilities of providing a 

monthly allowance during the process of (re)integration. 

§ 773. In the Guidelines for standard operating procedures for dealing with victims of 

human trafficking 437 , on pages 39-40, it is specified that the victims of human trafficking 

in the process of repatriation need “to be provided with their security, as well as that 

depending on the case, this is dealt with by the case manager (it is not stated from where), 

the Agency for Coordination of Assistance to Trafficking Victims or in collaboration 

with the Ministry of the Interior”. It is also specified that “minors should never, upon 

returning, be unaccompanied”. As to the assistance to the victim upon his/her arrival to 

the country of origin, it is stated that, among other things, “in order to decrease risk that 

the victim should fall once again into the human trafficking chain, it is necessary that 

the service provider from the country of origin welcome the victim at the land/air/port 

border checkpoint”, where he/she would give the victim the details of the procedure and 

that “he/she should ask the victim where he/she would like to go and if he/she needs any 

kind of help”. 

§ 774. In a nutshell: over the last two years the Republic of Serbia has done a lot to 

establish a normative and strategic framework for regulation of issues of trafficking 

victims’ repatriation according to the international standards mentioned above. We 

436 

See Strategic goal no. 8 of the National Plan of Action to Combat Trafficking in Human Beings. 

437 

The Guidelines for standard operative procedures for dealing with victims of human trafficking are located in the Annex of the Agreement on 

Cooperation between the Ministry of the Interior, Ministry of Finance, Ministry of Justice, Ministry of Health, Ministry of Education and Ministry 

of Labor and Social Policy in the field of fight against human trafficking, which was adopted on 12 November, 2009. The text of the Agreement, 

together with the Annex, was published in Belgrade, in March 2010. Original text of the Guidelines, which is significantly different from the text 

adapted into the Annex of the Agreement, was prepared within the Program for Support to the Development of Transnational Referral Mechanism 

for Victims of Trafficking in Southeast Europe implemented by ICMPD in the period 2006-2009 with USAID support. 


ARTICLE 8 

are to see if in the near future there will be realization of measures defined within this 

framework, as well as in practice, and to what extent this shall be the case. 


§ 775. With regard to the repatriation of trafficked persons, it is necessary to differentiate 

between procedures for domestic and for foreign nationals, as well as whether the 

repatriation is organized between two countries or it is an internal return, from one Serbian 

town to another. The latter has become increasingly often having in mind considerably 

smaller number of identified trafficking victims who are foreign nationals. 

§ 776. Until the adoption of the Instruction of the Ministry of the Interior, foreign 

nationals who were trafficking victims were treated as illegal migrants. During this period, 

competent law enforcement authority conducted the deportation of such persons to 

the border of the country from which they entered the then FRY, regardless of whether 

specific person was the citizen of that country or not. 

In March 2002, a citizen of Moldova was recruited by her godmother. As a person who 

“had helped” many girls, the godmother promised her job in Italy and organized the entire 

trip and preparation of documents. Because of counterfeit documents, i.e. fake visa in 

the passport, upon her arrival to Serbia, the police stopped the girl and deputed her to 

the Romanian border. The girl was not recognized as potential trafficking victim and no 

prevention effort was made in that respect. Although exploitation did not occur, which 

makes any prevention much more difficult and sometimes even impossible, the process 

had started, however and it was the only opportunity to help the girl and prevent her 

falling victim. She returned to Bucharest, where the godmother welcomed her and for the 

second time “helped” her enter Serbia. The girl was sexually exploited in Serbia, identified 

and placed at the shelter in the second half of 2002. 

Conversation with an employee of the shelter for trafficking victims, Belgrade, 2002 

§ 777. Having in mind that human trafficking and corruption are closely connected, this 

period was sometimes favorable for abuses within state institutions, where certain 

officers collaborated with traffickers. 

In 2002, two citizens of Romania were, together with three other foreign nationals, identified 

as trafficking victims in a night bar in southern Serbia during an action of the Serbian police. 

Since the two women did not have valid travel documents, but entered the country illegally, 

they should have been deported to the Romanian border. Two local police officers were 

supposed to transport them. However, on the way there, the police officers contacted with 

the traffickers and the women were never deported, but were returned to them. 

276


Informal conversations with the representative of the Serbian Ministry of the 

Interior, Belgrade, 2003, 2008 and 2010 

Court proceedings for bribery (Article 245 (1) of the then valid CL RS) were instituted 

against the two police officers in 2002, when the described events were discovered, before 

the Pančevo District Court, which in April 2006 rendered the first instance judgment, 

finding the accused guilty and sentencing them to 6 months in prison without obligation 

to return material gain obtained by committing a crime. The judgment has been affirmed 

by the court of second instance (KŽ 1958/06). 

Criminal Justice System and Court Practice in the Field of Combating Human trafficking 

in the Republic of Serbia / Krivičnopravni sistem i sudska praksa u oblasti borbe protiv 

trgovine ljudima u Srbiji, Joint Programme UNHCR, UNODC and IOM to Combat 

Human Trafficking in the Republic of Serbia 

§ 778. In the first period, when the authorities in Serbia started recognizing human 

trafficking problem, after the identifications, foreign nationals were placed at the 

only shelter for trafficking victims that existed at that time in Serbia (established in 

2002). There, they were awaiting repatriation documents. The government left to the 

International Organization for Migrations, the entire process of repatriation of trafficking 

victims, in organizational and financial terms. The IOM, in this way comes into direct 

contact with trafficking victims, thus acting as a direct victim assistance provider. 

§ 779. After repatriation, feedback information on the safety and reintegration of 

trafficking victims in their country of origin were very often not available to NGOs 

that had been providing assistance in the destination countries. Thus, one of the main 

objections to this program is the lack of communication between NGOs in the country of 

origin and destination country. It is known that this cooperation, if being good, to a great 

part contributes to the successful reintegration. Institutions in charge did not conduct 

risk assessment and the issue of safety of victim’s return to the environment form where 

she/he had escaped, as well as the danger from traffickers or persons who worked with 

them, was not given serious consideration when preparing and conducting repatriation. 

In 2004, a 16-year old boy was placed at the shelter for trafficking victims. Because of 

the lack of coordination between state authorities and the Agency for Coordination of 

Protection of Trafficking Victims, a serious mistake was made and the minor was sent 

to the country of origin by train unaccompanied. The Bulgarian border authorities were 

not notified and a local NGOs was informed only subsequently. Moreover, it is relevant 

in this case to mention that this boy was a person with disability. Since there was no 


ARTICLE 8 

further communication between state authorities of the two countries, we do not have 

information whether the boy arrived safely to desired destination. 


§ 780. The fact that repatriation of trafficking victims at that time carried out exclusively 

by IOM 438 was most often explained by the lack of state funds for this activity. However, 

the experience of the first and the last repatriation carried out by the Mobile Team, which 

operated within the Agency for Coordination of Protection of Trafficking Victims as a 

state mechanism, has shown that this argument of lack of state funds is not valid. The 

entire action, including the costs of fuel, refreshment and visa, amounted to USD 150 439 . 

This example shows that successful repatriation of trafficked persons which enables 

adequate and long-term reintegration, with security assessment and the exchange of 

information between NGOs in the country of origin and destination country, does not 

require great resources. Without any doubt, the state possesses necessary capacities to 

take charge of this process, especially if the present trend of internal trafficking is taken 

into consideration. Today, we cannot talk about enormous transportation costs from one 

town to another, having in mind the total area of the Republic of Serbia. 

§ 781. It is not clear why the state does not resume responsibility for trafficking victims’ 

return to their country/town, especially having in mind that many employees of the social 

welfare centers and other institutions have passed various education programs on the 

topic of human trafficking and victim assistance. 

In June 2004, the Mobile Team identified a Romanian national who had been sold by 

her partner for clearing of a gambling debt. She was sexually exploited and managed to 

run away thanks to client’s help. She was placed at the shelter for trafficking victims in 

Belgrade. This woman did not have documents and feared for her safety. She did not have 

where to return in Romania, because the house in which she used to live with her partner 

was lost for his gambling debts. 

In July, ASTRA contacted Romanian NGO Reaching Out, which ran the shelter for trafficking 

victims. They said that the woman could be accommodated there, but it was necessary 

first to inform her thoroughly about how this shelter worked and then to agree on details. 

She was provided with information about possibilities offered by this shelter, and their 

conditions were in accordance with her needs. In mid-October, the then Coordinator of the 

Agency and two ASTRA representatives carried out the repatriation. Documents necessary 

for the victim to leave the country were prepared, the shelter in Romania was informed 

438 

Since the number of identified foreign trafficking victims has been in considerable decline since 2005, IOM has shifted its work from repatriation 

towards the reintegration of domestic nationals. 

439 

Costs of repatriation to some countries are, of course, higher, due to airplane costs. For example, the cheapest airplane one-way ticket from 

Belgrade to Kiev costs EUR 400 (http://www.vizatravel.co.rs/rezervacije.html /(accessed on 8 March 2011)), depending on the carrier, season and 

market conditions. 

278


and technical preparations for the trip were made. All of them traveled by the Agency’s car 

from Belgrade to the shelter located in the vicinity of Bucharest. With breaks made along 

the way and short rest upon the arrival at destination, the entire repatriation was finished 

in less than 24 hours. Next year, this woman enrolled in the Faculty of Social Work. 


§ 782. In addition to the mentioned problems, in the past, diplomatic staff had no 

awareness of human trafficking. Namely, besides documents (which victims do not have 

for well-known reasons), the girls were sometimes asked to fulfill other conditions as well. 

“(…) For return from Italy, I needed documents, for which I contacted our consulate. Of 

course I didn’t have any identification document, I ran away literally with nothing. When 

I told everything to the consul, I couldn’t believe when he told me that if I couldn’t prove 

my identity, I had to find two witnesses to confirm it! I only wanted to go home as soon 

as possible. In front of the Embassy, I asked some young man and woman to help me and 

they immediately agreed. We finished it relatively quickly at the Consulate (…)” 

Until her return to Serbia, the Embassy did not provide any assistance to this young 

woman, but she had to contact Italian immigration police. 


§ 783. The situation partially changed, but the problem of funds persists. Consulates of the 

Republic of Serbia, which do not have budget for the return of Serbian citizens who find 

themselves in a foreign country without documents and money, have real problem with the 

costs. In case of human trafficking victims, the issue of their security upon return represents 

an additional problem. Because of the lack of funds, the staff of Embassies/Consulates is 

often forced to use the cheapest, but not the most secure means of transportation. 

§ 784. Moreover, the victim often remains invisible to the police at border checkpoint 

and does not come in contact with other actors that may do the identification and 

subsequently provide necessary assistance. 

Since Italy is the most frequent destination country for Serbian nationals, in recent years 

representatives of ASTRA were often in contact with one of the Serbian Consulates in this 

country. This is way the Consul is very familiar with the procedure for the repatriation 

of trafficking victims. In one conversation, he observed that the lack of available funds 

often made them chose the cheapest transportation option to the home country, while 

the security of victims was given only secondary importance. For this reason, the risk of 

traffickers’ attempting to come in touch with the victim is greater. 



ARTICLE 8 

§ 785. The general absence of repatriation procedures leads to uncoordinated actions and 

mistakes that aggravate victim’s situation. Such mistakes are especially impermissible 

when we talk about children. 

§ 786. Numerous examples of Serbian citizens who were identified as trafficking victims 

in other countries but because of refusal to testify or for other administrative reasons lost 

their residential status and were forced to return to Serbia, often only with emergency 

travel document, show how serious the issue of repatriation is and how poorly organized 

it is between different countries. More specifically, they have been treated as illegal 

migrants. State authorities, NGOs and international organizations in the destination 

country that were in contact with the victims were not warning either state authorities or 

NGOs in Serbia on the return of such persons. After return, some of these persons called 

SOS hotline for medical, legal and psychological assistance. Such return, without any 

security check and without informing competent authorities, can put the victim in danger, 

since traffickers are usually well informed about victim’s movement and it is very easy for 

them to contact her after she has left the shelter in the destination country and bring 

her back into the trafficking chain. The question is how many persons have never reached 

their destination or did not manage to realize their rights guaranteed by international 

documents thanks to the repatriation executed in such manner. 

§ 787. Thanks to informal regional NGO network, several times ASTRA has obtained 

information about victims who were coming back to Serbia and of whose arrival nobody 

else was informed. Owing to this, in cooperation with the police anti-trafficking team, 

we were able to timely provide safe receipt of the victim and offer her all necessary 

assistance. In addition to the fact that for majority of them this is the first time to fly by 

plane and that they do not know airport procedure, the victims are often scared because 

they do not know what is ahead of them when they get there. Thus, it means a lot when 

they have contact with an organization or individual whom they know or whom they 

expect to be awaited by. 

§ 788. Fear of return to the unknown may be reduced by informing the victim in advance 

about the procedures which she/he would have to go through and about who is going to 

wait for her/him at the destination. Moreover, of importance for winning victim’s trust 

and for preparing the receipt are conversations and sharing information which she/he and 

NGO in the destination country have about her/his safety and situation awaiting her/him 

upon arrival in her closest environment. 

On 30 April 2004, ASTRA was informed by a Slovenian NGO that an underage trafficking 

victim would be deported with emergency travel document by regular flight Ljubljana- 

Belgrade and that her mother might be waiting for her at the airport. ASTRA representative 

and Coordinator of the Mobile Team, together with police officers in civilian suits (two 

280


men and one woman) welcomed the girl at the airport. This receipt at the airport was 

the first case in which the Agency was involved and where its staff had opportunity to 

conduct the interview with a victim. After the interview, the analysis of the receipt was 

made in order to identify mistakes and measures that had positive effects. The girl did 

not show at the exit door for a long time. It turned out later that she was stopped by 

the airport police. The police officer who questioned her was not educated about human 

trafficking problem; during the conversation, he was insulting her, accusing her that she 

was a prostitute and that she was sold by her mother. After that, the girl was visibly 

shaken and the entire situation was recognized as a mistake that should be prevented 

next time. The girl’s mother was present at the airport, too. Her communication with the 

girl created confusion at some points, but it was not possible to remove her. On the other 

hand, at some moments her presence was welcome. Besides the mother, two cousins 

unexpectedly appeared at the airport, and the Mobile Team representatives did not have 

information who they were and whether they were involved in trafficking. The police 

officers checked their identity and on that occasion, as well as throughout the entire 

action, they acted very correctly. Conversation between the Mobile Team representative 

and the girl was finished with the agreement that she would go to the shelter. However, 

the Mobile Team members themselves did not fully agree regarding the accommodation, 

for which reason the shelter was the only option offered to the girl. The girl was taken 

to the shelter by taxi, which was not a good solution, since she had a need to talk about 

what had happened to her during the ride. 


§ 789. It often happens that because of the ignorance of the airport officers about human 

trafficking, the victim who is traveling with emergency travel document has to go through 

special administrative treatment like illegal migrant who returns to the home country. 

Our citizens have experienced such situations in destination countries when returning 

to Serbia. 

„(…) I came to the airport 440 in the company of NGO who ran the shelter in which I lived 

the whole time. Our Consul was also there, who helped me a lot, as well as the person 

from Greek IOM. While we were waiting for the checking of the documents, IOM person 

talked with the police officer. Some time later, he called me into his office and served 

me a fine of EUR 600 which I had to pay because I entered Greece illegally. The Consul 

tried to explain in English that I was identified as trafficking victim, that I cooperated with 

the authorities, that I lived in the shelter, but he did not understand a word. The Consul 

couldn’t do anything else. Of course, I couldn’t pay the fine and I still have a five-year ban 

on going into EU countries. It’s the procedure, I guess… I really don’t understand why I 

440 

The airport in Athens, Greek, from where the victim was returning to Serbia. 


ARTICLE 8 

am punished after everything that happened to me, while he 441 managed to escape from 

the police and stay unpunished (...)“. 


§ 790. The organization of arrival and the first contact with the victim at the airport 

are very important. Victims have had different experiences in returning to their home 

country. Still, the greatest problem is the lack of clear procedures, the ignorance of the 

airport staff and victims’ not knowing who is waiting for them, which increase uncertainty 

and their fear of the unknown. 

“(…) when we landed to Belgrade, I was happy, because people I loved were there and 

I wasn’t alone any more. But on the other hand, I was afraid of what would happen and 

how they would react… I was afraid of the unknown. The police officers at the airport 

were very kind, I passed through the procedure easily and left the airport building quickly. 

Now when I think about this, I think that the most important thing in such situation is 

that someone strong await you there, someone who can protect you and tell you that 

everything will be fine, because I know that I was confused and scared… After that, we 

went to the Agency where we talked, I don’t remember what about, I only know that I 

was tired of everything and that I wanted everything to finish as soon as possible, so that 

I could have a rest and be alone a little. Maybe we could have talked one day later….” 


§ 791. The decreasing trend in the number of identified foreign nationals who were 

exploited on the territory of Serbia appeared well before the new Law on Aliens was 

adopted. According to the data of the Agency, in 2009, about 90% of all identified victims 

were citizens of Serbia, while in 2010 this percentage is even higher and amounts to over 

95%. As far as domestic nationals are concerned, internal trafficking was dominating in 

the last couple of years. However, with an increasing number of identified victims of labor 

exploitation, the number of Serbian citizens who were victims of labor exploitation abroad 

also increased. The most frequent destination countries in these cases are Russia and the 

countries of the Caucasus region, such as Azerbaijan. Unfortunately, often not recognized 

by these countries’ officials as victims of human trafficking, the exploited workers often 

returned home at their own expense or at the request of the very companies which had 

exploited them previously. 

(…) The workers were forced to leave Azerbaijan, without possibility to choose whether 

and when they wanted to return home. They were returning in the groups of 10-45 

persons, which was organized and paid for by SerbAz. 

441 

Trafficker who brought her to Greece and exploited her. 

282


In workers’ opinion, collective return has been organized as the quickest and most 

efficient way for removing evidence and covering up the facts relating to exploitation, in 

which way conditions for perpetrators’ impunity have been created. 

Several times a week, the company informed the workers, either by mobile phone or by 

delivering the list of names to the janitor, who should report to the management building 

for the purpose of returning home. On the day of return, on the company’s premises, 

they were forced to sign a document stating that they were paid out in full and that 

the conditions were satisfactory. Having signed that paper, they would receive a certain 

amount of money (reduced in a way described in the section Agreed Wages and Their 

Payment). After they left the management building, a van would wait for them to take 

them to the airport, where they got their passports. Some got their passports only when 

they got to the airport. Sometimes, the door of the management building was locked when 

the workers got in. The workers were sometimes signing the statements and taking their 

wages and passports in the van driving to the airport or when they reached the airport. 

(...) Since the majority of workers stayed in Azerbaijan illegally, they had problems with 

airport personnel on their departure, as well as at the airports where they landed. One 

worker says that he had to pay US$ 600 to the airport officers to let him leave Baku. 

The workers were returning home by plane via Vienna, Istanbul or Moscow to Belgrade, 

Zagreb, Skopje or Sarajevo, without any regards to their country of origin. SerbAz 

representatives were the only ones who had precise information about the flights that 

were to take the workers home. On their way to the airport and at the airport, they were 

surrounded by SerbAz security and could not communicate with anyone. 

(…) When they landed to the airports in the countries of origin, the workers were mostly 

buying their own bus tickets and organizing their own return to their places of residence… 

From the report “The Case of Labor Exploitation of the Citizens of the Republic of 

Serbia, the Republic of Bosnia and Herzegovina and the Republic of Macedonia in the 

Republic of Azerbaijan - Country of Origin Report“, NGO ASTRA - Serbia, NGO La 

Strada, Bosnia and Herzegovina, NGO PSD – Croatia, 21 December 2009 

(full report could be found in Annex 4 of this Report). 


ARTICLE 9 


Women and Children, Article 9 – Prevention of trafficking in persons 

CoE Convention on Action against Trafficking in Human Beings, Article 8 - Security and 

control of documents and Article, Article 5 – Prevention of trafficking in human beings 


Article 9 

Prevention of trafficking in persons 

1. States Parties shall establish comprehensive policies, programmes and other measures: 

a. To prevent and combat trafficking in persons; and 

b. To protect victims of trafficking in persons, especially women and children, from 

revictimization 442 . 

2. States Parties shall endeavour to undertake measures such as research, information 

and mass media campaigns and social and economic initiatives to prevent and combat 

trafficking in persons. 

3. Policies, programmes and other measures established in accordance with this article shall, 

as appropriate, include cooperation with non-governmental organizations, other relevant 

organizations and other elements of civil society. 

4. States Parties shall take or strengthen measures, including through bilateral or multilateral 

cooperation, to alleviate the factors that make persons, especially women and children, 

vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity. 

5. States Parties shall adopt or strengthen legislative or other measures, such as educational, 

social or cultural measures, including through bilateral and multilateral cooperation, to 

discourage the demand that fosters all forms of exploitation of persons, especially women 

and children, that leads to trafficking. 

CoE 

Article 5 

Prevention of trafficking in human beings 

1. Each Party shall take measures to establish or strengthen national co-ordination between 

the various bodies responsible for preventing and combating trafficking in human beings. 

2. Each Party shall establish and/or strengthen effective policies and programmes to prevent 

trafficking in human beings, by such means as: research, information, awareness raising 

and education campaigns, social and economic initiatives and training programmes, 

in particular for persons vulnerable to trafficking and for professionals concerned with 

trafficking in human beings. 

442 

Measures that refer to the establishment of comprehensive policies, programs and measures aimed at preventing the revictimization of trafficking 

victims are discussed within the analysis Article 6 of the Protocol and corresponding articles of CoE Convention. 

284


3. Each Party shall promote a Human Rights-based approach and shall use gender 

mainstreaming and a child-sensitive approach in the development, implementation and 

assessment of all the policies and programmes referred to in paragraph 2. 

4. Each Party shall take appropriate measures, as may be necessary, to enable migration to 

take place legally, in particular through dissemination of accurate information by relevant 

offices, on the conditions enabling the legal entry in and stay on its territory. 

5. Each Party shall take specific measures to reduce children’s vulnerability to trafficking, 

notably by creating a protective environment for them. 

6. Measures established in accordance with this article shall involve, where appropriate, 

non-governmental organisations, other relevant organisations and other elements of civil 

society committed to the prevention of trafficking in human beings and victim protection 

or assistance. 


§ 792. A prerequisite for analyzing Article 9 of the Trafficking Protocol and Article 5 of the 

CoE Convention is to define what comprehensive measures that should be established 

to prevent and combat trafficking in human beings are. As said in the introduction, the 

first anti-trafficking activities in Serbia were launched in 2000-2001. These activities 

in the majority of cases directly resulted from the initiatives of the Stability Pact for 

Southeast Europe Task Force on Trafficking in Human Beings. According to its document 

“N ational Programmes to Combat Trafficking in Human Beings (National Plans of Action) 

Background Paper” 443 , a broad area of human trafficking prevention should include “both 

prevention and awareness raising – both of which should be understood primarily as 

addressing the root causes of trafficking: Trafficking in persons has its roots in the social 

and economic conditions in the countries of origin. For prevention, the emphasis needs to 

be on economic regeneration and the need to reduce the numbers of persons in vulnerable 

groups through economic empowerment. This requires an analysis of investment 

strategies and restructuring agreements, assessment of the availability and types of 

employment particularly for women, and the extent of discrimination. These factors can 

then be addressed by, inter alia, establishing and implementing non-discrimination in 

laws relating to education, employment, access to credit facilities, etc. Vulnerable groups 

should be identified and prioritized for economic assistance, in particular unprotected 

minors and women from economically impoverished areas. Additional national initiatives, 

such as NAPs for women and NAPs for children should also be considered 444 ”. 

§ 793. In short, prevention can be understood as a use of appropriate measures, activities 

and resources in order to tackle objective and subjective causes and conditions in the 

443 

National Programmes to Combat Trafficking in Human Beings (National Plans of Action) Background Paper. Stability Pact for South Eastern Europe, 

Task Force on Trafficking in Human Beings, Vienna, 2001. 

444 

Ibid, pp.1-2. 


ARTICLE 9 

countries of origin, transit and destination of trafficking victims, which contribute to the 

emergence and development of human trafficking. 445 It can be observed in two ways: as 

the prevention of crime and the prevention of risk. 

§ 794. Since prevention is an organized, planned activity aimed at putting a stop to 

human trafficking, prevention activities should go before the phenomenon itself and 

be focused on the elimination, mitigation, neutralization or redirection of the effects of 

causes, conditions and factors that lead to it. As such, these activities should be part of 

a comprehensive program. Prevention program should contain the following structural 

elements 446 : the goal of the prevention program; the focus of prevention; means, methods 

and techniques; subjects – those who carry out the program; and conditions for the 

prevention program 447 . Since the aspect of human trafficking prevention is rather broad, 

it should comprise programs that directly affect causes of trafficking, safe migrations and 

employment; awareness raising programs; empowerment and opportunity programs for 

vulnerable groups; and finally, reintegration programs. Human trafficking prevention is in 

the interest of both individuals and the state as a whole. 

§ 795. For the purpose of this Report, we have tried to give an overview of official 

documents that deal with human trafficking prevention or in some of their segments 

address this problem in the context of prevention 448 . However, the issue of preventions 

is directly, i.e. explicitly discussed only in the Strategy to Combat Trafficking in Human 

Beings in the Republic of Serbia 449 and the National Action Plan 450 , documents passed by 

the Government of Serbia. 

III.6.1.1. Startegy to Combat Trafficking in Human Beings in the Republic of Serbia 

and National Plan of Action to Combat Trafficking in Human Beings 

§ 796. The Strategy to Combat Trafficking in Human Beings in the Republic of Serbia 

(hereinafter: the Strategy) was adopted by the Government of Serbia on 12 December 

2006. The Strategy was adopted as a result of several years of work of the members 

of the National Team for Combating Human Trafficking, in particular its Advisory Body, 

and OSCE Mission to Serbia. As it is said in the Introduction of the Strategy, it has been 

drafted in accordance with the Stability Pact Guidelines for National Plans of Action 451 

and in accordance with the Program for the Development and Implementation of a 

445 

Mijalković S., Organizovane ilegalne migracije kao savremeni bezbednosno-kriminalistički problem, doktorska disertacija, Fakultet bezbednosti, 

Beograd 2006. 

446 

Milovanović M., Stakić Đ., Metode socijalnog rada, Stručna knjiga, Savez društava socijalnih radnika Srbije, Beograd 1991. 

447 

Necessary and sufficient material, human, spatial, normative prerequisites which every prevention program requires. 

448 

Here we have in mind the provisions of the Criminal Law, i.e. Code criminalizing human trafficking. Like any other criminalization, the criminalization 

of human trafficking should have general preventive effect. Unfortunately, this area also faces numerous problems. For details, see the analysis of 

Article 5 of the Protocol. 

449 

The Strategy was published in the Official Gazette of RS, no 111/2006 of 12 December 2006. 

450 

The National Action Plan to Combat Trafficking in Human Beings in the Republic of Serbia in the period 2009-2011 was published in the Official 

gazette of RS, no. 35/09 of 12 May 2009 based on the Government’s Conclusion 05 no. 021-10196/2006-4 of 30 April 2009. 

451 

The Guidelines can be found at: http://www.stabilitypact.org/trafficking/default.asp 

286


Comprehensive National Anti-Trafficking Response and Best Practices in the Region 

prepared by the International Center for Migration Policy Development (ICMPD). 

§ 797. The representatives of the OSCE Mission to Serbia and of the Border Police 

Directorate of the Serbian Interior Ministry worked on the first draft of the Strategy. It 

was then forwarded to the members of the Advisory Body 452 and subsequently to the 

members of the Working Groups of the National Team for Combating Human Trafficking. 

The members of the National Team were rather disinterested in the entire process of 

making the Strategy. However, it should be borne in mind that the process itself was 

not participative or based on precise agreement of all members of the Team. The final 

version of the first draft of the Strategy was finished in August 2005, at the meeting in 

Novi Sad, in the presence of the coordinators of the National Team’s Working Groups and 

the representatives of Interior Ministry’s Border Police Directorate and OSCE Mission to 

Serbia. This text was sent to other members of the National Team for comments. 

§ 798. After that, there was no word about the Strategy for more than one year. Then, in 

the middle of 2006, the work on the new Strategy started within the Interior Ministry, 

i.e. its Border Police Directorate and Strategic Planning Office. They did not start from 

the beginning, but the text of the Strategy was adapted based on the previous draft and 

considerably shortened. The new text of the Strategy did not go through the public 

debate, i.e. it was not presented to the members of the National Team, but was sent 

directly to government’s Anti-Trafficking Council, which adopted it and forwarded it to 

the Government of Serbia. 

§ 799. The Strategy can be conditionally divided into two parts. In the first part, it 

contains the description of the situation in the country regarding human trafficking at 

the time when it was made and the institutional framework for fighting it. Strategic goals 

and overall objectives in combating human trafficking and the protection of victims are 

given in the second part. 

§ 800. Prevention is defined as one of Strategic Goals of the Strategy. Defined objectives 

and consequent sub-objectives given in Item 5 include “raising the level of awareness on 

the issue of trafficking in persons as a form of modern slavery”, specifically, the awareness 

of the wider public, risk groups, clients and potential exploiters of victims of trafficking in 

persons and of state and non-governmental representatives who work with groups at risk. 

§ 801. Further, the objective and sub-objectives defined in Item 6 of the Strategy refer 

to “reducing the factors of risks and vulnerability to the problem through: enhancing the 

knowledge of groups at risk about the measures of caution that can be applied in order 

to reduce the risk of trafficking in persons; improving social and economic conditions of 

groups at risk, especially by implementing the Poverty Reduction Strategy; and developing 

economic and social programs for empowering women and children at risk”. 

§ 802. Besides objectives set in the section “Prevention”, the following objective and 

452 

The mechanism and coordination of the national anti-trafficking bodies discussed in detail in the introductory part of this report. 


ARTICLE 9 

sub-objectives defined within the “Institutional Framework” can be observed in the 

context of human trafficking prevention: “training and professional enhancement of 

all actors included in the process of recognizing and providing services to victims of 

trafficking in persons for the purpose of better identification, assistance and protection 

of victims”, including those who may establish the first contact with trafficking victims, 

law enforcement professionals and professionals who provide direct victim assistance. 

The goals of International Cooperation are set as a specific goal of the Strategy (Goal 10). 

§ 803. In conclusion, objective set in the section “Assistance, Protection and Reintegration 

of Victims” include preventive activities aimed at the prevention of recidivism, i.e. falling 

victim to trafficking all over again. 

§ 804. Although the very existence of the Strategy is an enormous step in anti-trafficking 

policy making in the Republic of Serbia, this document has numerous shortcomings. If 

we put aside the way in which the Strategy was adopted and its structural deficiencies, 

its very concept does not offer any guarantees for successful implementation in practice. 

§ 805. First of all, it is not specified to which period of time the Strategy should apply 453 . 

Without a precise timeframe in which the defined goals should be attained, we are 

concerned that we will have to wait long for the next revised Strategy to be passed that 

would be adjusted to new trends and problems in the field. 

§ 806. Also, the section “Monitoring of Implementation of Mechanism for Combating 

Trafficking in Persons and Evaluation of Results” only briefly lists the responsibilities of 

anti-trafficking actors in Serbia. In view of the fact that it takes very long here to pass 

important document, set up relevant bodies or implement activities, it is not very likely 

that the members of the National Team would regularly submit reports to the National 

Coordinator who would then forward them to the Anti Trafficking Council for “analyzing 

the results and submitting to the responsible bodies the recommendations for reviewing 

the strategic goals and suggesting necessary measures” 454 . In our opinion, an opportunity 

for specifying the responsibilities and obligations of relevant actors in one such document 

has been missed. 

§ 807. As said before, the Strategy to Combat Trafficking in Human Beings in the 

Republic of Serbia has obtained its final form at the Interior Ministry, i.e. its Border Police 

Directorate and the Office for Strategic Planning. Carefully reading the Strategy, it seems 

that this document is actually the Strategy of the Serbian Interior Ministry. Although it is 

true that this document has come to life thanks to the commitment and determination 

of the representative of the Interior Ministry’s Border Police Directorate, this cannot 

be an excuse for the fact that the Strategy has been written in the style of a report, 

with unnecessary pointing out to the accomplishment, in particular those of the state 

authorities of the Republic of Serbia. 

453 

During work on the first draft in 2005, it was foreseen that the Strategy should have covered the period 2005-2008. 

454 

Strategy to Combat Trafficking in Human Beings in the Republic of Serbia, Goal 11 

288


§ 808. The adoption of the Strategy should have created prerequisites for the elaboration 

of further plans and programs for combating human trafficking in the Republic of Serbia 455 , 

first of all annual national action plans which provide structured and comprehensive 

approach to the problem. By including all international organizations and NGOs, the 

state is showing a good will for cooperation in these activities and for mutual exchange of 

information. Unfortunately, although the Strategy was adopted in the autumn of 2006, 

the first National Plan of Action to Combat Trafficking in Human Beings was passed as 

late as in the beginning of 2009, as a condition necessary for visa liberalization with EU 

which occurred at the end of 2009. 

Concluding comments of the Committee on the Elimination of Discrimination 

against Women: Serbia. Committee on the Elimination of Discrimination against 

Women, Thirty-eighth session, CEDAW/C/SCG/CO/1, 14 May-1 June 2007* 

Recommendation 26. The Committee calls on the State party to adopt the draft 

National Plan against Human Trafficking without delay and to establish a mechanism 

to monitor and evaluate its effectiveness. The Committee further calls on the State 

party to effectively apply its anti-trafficking legislation and programmes and to enhance 

international, regional and bilateral cooperation in order to further curb the phenomenon. 

The Committee also requests the State party to establish human rights-based protection 

and long-term reintegration programmes for victims. 

* Translation: ASTRA 

§ 809. The Ministry of the Interior initiated the process on 12 January 2009 with the 

preparatory meeting of the National Coordinator for Combating Human Trafficking and 

the Advisory Boody of the National Team for Combating Human Trafficking. After that, 

National Team’s working groups held meetings where a comprehensive advisory process 

was instituted and an emergency drafting of the NPA Draft was arranged. 

§ 810. On 23 January 2009, in the premises of the Ministry of the Interior, an all day 

workshop was held for the drafting of the NPA, where the representatives of the relevant 

institutions participated, as well as international and non-governmental organizations. 

§ 811. As noted above, the Strategic Goals from the Strategy have been divided into 

five fields: institutional framework; prevention; assistance, protection and reintegration 

of victims; international cooperation; monitoring the implementation of the mechanisms 

for combating human trafficking and evaluation of the results, and so, in line with the 

above, the fields of activity in the NPA have also been divided. 

§ 812. It is important to mention that the representatives of governmental, non- 

455 

The National Action Plan to Combat Trafficking in Human Beings in the Republic of Serbia in the period 2009-2011 was published in the Official 

gazette of RS, no. 35/09 of 12 May 2009 based on the Government’s Conclusion 05 no. 021-10196/2006-4 of 30 April 2009. 


ARTICLE 9 

governmental and international organizations have reached an agreement with regard to 

the NPA. The introduction states that “consequently, this comprehensive plan represents 

an example of good practice and outstanding cooperation in the region.” 456 

III.6.1.2.Preventive Activities Carried Out in Serbia 457 

§ 813. Analyzing the activities carried out so far, it may be concluded that the majority of 

them were aimed at the awareness raising - both general public and professionals – of the 

problem of human trafficking, as well as at the education of professionals who may come 

in contact with (potential) trafficking victims. 

§ 814. However useful they may be, campaigns cannot be efficient without systematic 

work on eradicating root causes that make someone fall victim to trafficking. Vulnerability 

arises out of the socio-economic context in which one person lives. In the country of 

origin, such context may be characterized by poverty,, unemployment, life in violence, lack 

of adequate social welfare and social protection programs, lack of access to education, 

discrimination, belonging to marginalized groups, lack of equal opportunities and, the most 

important in the light of essential failure of campaigns, the lack of alternative 458 . Therefore, 

essential prevention of human trafficking must be observed in the context in which this 

phenomenon takes place and which made the problem possible in the first place. 

§ 815. Although NGOs often warn of the emergence of some new trends, it takes long 

for international and donor organizations that support anti-trafficking activities to assess, 

consider and decide to support an activity designed in accordance to a newly identified 

trend. Thus, when funds are finally raised, the need for that specific activity no longer 

exists or is modified. Moreover, local needs and specific characteristics are neglected. 

Anti-trafficking activities are most often designed in different centers and than, 

unadjusted, implemented ”by force“ 459 . Since activities are not carried out in accordance 

with strategic objectives, priorities do not exist in some countries and local communities. 

§ 816. Measures focused on the eradication of causes 460 that make people, especially women 

456 

The National Action Plan for Combating Human Trafficking for the period from 2009 to 2011, the RS Official Gazette no. 35/09 of 12 May 2009, 

p. 8. 

457 

More information on prevention activities available at http://www.astra.rs/?page_id=67, as well as at the websites of organizations/institutions 

that are mentioned further in the text. ASTRA E-Newsletter was launched in 2004 to provide domestic and international public with regular 

insight into activities that relevant actors carry out in the area of prevention, suppression and prosecution of human trafficking in Serbia and 

regional cooperation in that area, hoping that regular access to information would contribute to the coordination of work. ASTRA E-Newsletter is 

released quarterly in Serbian and English and is distributed to more than 1000 e-mail addresses 

458 

In the document Introduction to Human Trafficking: Vulnerability, Impact and Action. Background paper from the Vienna Forum to Fight Human 

Trafficking, it is said that in spite of numerous awareness raising campaigns and considerable funding invested in this type of prevention, human 

trafficking is still referred to as a growing phenomenon. Although the research shows that citizens know more about this problem, it does not 

affect their choices. This is because such understanding of prevention provides potential victims only with information, but not with sustainable 

alternatives. 

459 

Thus, for example, the same campaign is conducted in all countries in the region, without prior country assessment. In the area of direct victim 

assistance, the same projects are implemented without specification with regard to the victims’ needs and circumstances in specific countries. 

Thus, some international organizations reduced funds for shelters that they had supported earlier and redirected their support to reintegration 

shelters, which starting up they supported in all countries in the regions. 

460 

In literature about human trafficking problem, terms „push and pull factors” are most often used to designate social, political, economic and 

environmental factors that push people to migrate from one country/region to another. Push factors are linked to the country of origin and pull 

factors to the country of destination. 

290


and children, vulnerable to trafficking are described within the analysis of Paragraph 4 of 

this Article of the Palermo Protocol. These are measures taken above all by government 

authorities which are not directly aimed at the prevention of human trafficking, but at 

socio-economic recovery of the country in transition. Since human trafficking is one of 

the gravest forms of human rights violation and is linked to the problems of gender-based 

violence, forced migrations, transnational and national organized crime, money laundering, 

public health, etc. a holistic approach should be designed and applied in the area of 

prevention, where all factors, risks groups and the like will be individually analyzed. Such 

approach structured into a long-term prevention strategy still does not exist in Serbia. 

§ 817. Long-term, systemic and sustainable work on human trafficking prevention would 

certainly be achieved by including this topic into school curriculums and by educating 

teachers and other professionals who work in schools. To ASTRA’s knowledge, such 

thing has not been done yet. We cannot be certain whether this is due to the lack of 

political will or education policy makers simply do not recognize this problem. However, 

the following example can be used to illustrate general climate, especially in the period 

2004-2008, showing on one hand the attitude towards cooperation with civil society 

organizations and on the other the treatment of human trafficking as a topic in strategic 

areas such as education. 

§ 818. Although ASTRA representatives and associates carried out a great number of 

workshops for children and youth 461 , which were attended by 13,000-15,000 participants, 

this is still insufficient with regard to the total population of youth, and is certainly not 

sustainable in the long run, because workshops need to be held for the coming generations, 

too. For this reason, ASTRA has attempted to formalize cooperation with schools and increase 

the sustainability of preventive and educational activities intended for pupils and teachers. 

To add formal weight to trainings which are organized for teachers, ASTRA applied with its 

professional development program for teachers on the basic terms of human trafficking 

problem for the accreditation at the Institute for the Advancement of Education and 

Upbringing (hereinafter: the Institute). The program and accompanying documentation 

were submitted on 31 March 2004 (no. 267/2004). The Center for Professional 

Development of Education Workers, organizational unit of the Institute in charge of 

accreditation, was obliged to inform the participants on the results in writing by May 24, 

2004. However, ASTRA received the first specific information (e-mail) on 22 May 2006. 

In the e-mail massage of 22 May 2006, ASTRA was informed that its program was 

short listed for further procedure and that we had to submit additional documentation, 

including a proof of the field of activity of the institution that supported the program, 

which in ASTRA’s case was the Ministry of the Interior. On no occasion was it stated that 

the institution that supported the program had to be an educational institution, but the 

461 

Between 2002 and December 2010, more than 600 workshops were held throughout Serbia. 


ARTICLE 9 

director of the Institute told us by telephone that this was mandatory. For this reason, it 

was necessary to submit additional documentation of institutions that also supported the 

program and which field of activity was education. However, having received additional 

documentation, Institute’s staff informed ASTRA’s team member not to worry if they 

did not get accreditation, because program approval form was changed, and the negative 

response might be of procedural nature. 

On 13 September 2006 ASTRA received written information that its program did not fulfill 

prescribed conditions, but without mentioning what these prescribed conditions were. In 

spite of numerous attempts, we never received reasoning for the negative response. 

It is interesting that the Institute works with the support of the Swiss Development 

Agency (SDC), which is also one of ASTRA’s major donors. Still, Institute’s staff suggested 

ASTRA Team member to try to avoid mentioning the fact that ASTRA was an NGO when 

talking with the Director because “the Director has a negative attitude towards local and 

international NGOs”. 

This problem has not been solved yet and we have to wait for the new accreditation 

cycle. Currently, we cooperate with schools based on the letter of approval issued by the 

Education Minister in 2005. 

§ 819. Without accreditation, but with the approval of the Education Ministry 462 , ASTRA 

carried out four basic trainings “Child Trafficking – Education and Prevention” for 100 

school counselors, teachers, psychologists and pedagogues working in secondary schools 

across Serbia and for the staff of the shelter for urgent protection of abused children. 

Lecturers at these trainings were the representatives of the border police, international 

organization Save the Children and ASTRA, while workshops were facilitated by 

psychologists – ASTRA’s collaborators who had vast experience in didactical work with 

the professionals of various profiles. Training participants got information on the basic 

terms of human trafficking and on experiences with trafficking prevention activities 

so far and with work with child trafficking victims. On the last day of the training, the 

participants created action plans which they would implement in their schools, thus 

ensuring the sustainability of this program. 

§ 820. In the course of 2005, the International Organization for Migration, based on the 

Memorandum of Cooperation with the Ministry of Education and Sport, implemented a 

project within the regional education program “Prevention of Human Trafficking in the 

Balkans through Educational Activities and Schools Capacity Building”. In February 2006, 

initial working meeting with teachers from ten primary schools from Kragujevac and NGO 

Stablo was held to discuss how to incorporate education on human trafficking issue into 

regular school curriculums, on which occasion the scenario of a class in which this topic 

would be discussed was worked out. 

462 

Approval issued under number 396-04-02-ŽM/2005-06 of 7 April 2005. 

292


§ 821. After the first bad experience in the accreditation of the ASTRA training program 

for teachers with Institute for the Advancement of Education and Upbringing, three 

consecutive one-year accreditations of this program followed, during which nearly 150 

teachers were trained. The trainings were very well received among the teachers, who, 

in the evaluations of the program have declared that the work on preventing human 

trafficking is extremely important and that the role of teachers in this context is very 

significant. They stressed that it is necessary that, apart from working with children, 

certain activities should also be directed towards educational work with parents. 

§ 822. In the end, it is certainly positive that during the period covered by this Report, 

national anti-trafficking bodies have been formed. Also, human trafficking has been 

criminalized, in which way basic prerequisites have been created for the implementation 

of prevention measures, but also for other forms of state’s response to this problem. 

§ 823. Although prevention is an anti-trafficking field that is regularly addressed in US State 

Department’s Trafficking in Persons Reports (TIP Reports), it still does not attract sufficient 

attention. Since 2001, when the first TIP Report was published, until today, the Republic of 

Serbia has made progress in combating human trafficking, for which reason it was removed 

from Tier 3 – “Governments that do not fully comply with the minimum standards and 

are not making significant efforts to do so” into Tier 2 – “Governments that are making 

significant efforts to meet the minimum standards”. Prevention efforts were assessed as 

especially weak. Namely, in TIP Reports it was stressed that preventive activities are mostly 

organized and conducted by nongovernmental organizations with support of foreign donors. 

The activities that were assessed as positive are mostly reduced to the establishment of the 

National Team for Combating Human Trafficking, the adoption of the Strategy to Combat 

Trafficking in Human Beings, participation in preventive activities carried out by NGOs, 

adoption of the National Action Plan and the like. The 2007 Report 463 also mentioned a 

budgetary allocation of USD 100,000 for a 13-episode television series titled “Modern 

Slavery” 464 aimed at popular awareness raising. In the last TIP Report published in June 

2010 465 , in the part that addresses prevention it is said that ”The Government of Serbia 

demonstrated modest progress in its efforts to prevent trafficking in 2009.” 

§ 824. After the visa liberalization, the Ministry of the Interior of Serbia created a leaflet 

named “Travel to Europe – Safely!”. The leaflet contains information about the necessary 

documentation for the road, safety, health, etc. One paragraph was dedicated to human 

trafficking. The leaflet is available to the public at border checkpoints. 

§ 825. Since mid 2010, activities were initiated within the Joint Programme 466 of the United 

Nations High Commissioner for Refugees (UNHCR), the United Nations Office on Drugs 

and Crime (UNODC) and the International Organization for Migration (IOM), which also 

463 

Trafficking in Persons Report-Country: Serbia, State Department 2001-2007. 

464 

For details see § 836. 

465 

Trafficking in Persons Report – 10th Edition – Country: Serbia, State Department 2010. 

466 

For more information about the program, see http://www.ungiftserbia.org/srp/?page_id=40 


ARTICLE 9 

envisages different prevention activities. The Programme is being realized with the support 

of the relevant ministries of the Republic of Serbia. There will be more information about 

the results and effects of this program in the report for the period after 2010. 

§ 826. When we talk about prevention and education in the field of trafficking in human 

beings in Serbia, we may distinguish two periods. The first period covers the second half 

of the 1990s, when NGOs were implementing the main portion of activities (education of 

NGO activists and the first analyses of the human trafficking situation in Serbia). Some 

of the activities carried out in this period are the following: 

• A group of Serbian activists attended an international seminar on trafficking in 

women in Budapest in 1998 organized by NGO “La Strada” and in Driebergenu in 

2000 organized by STV La Strada Netherlands. 

• The activists of NGO Association for Women’s Initiative, within its ASTRA project, 

translated the movie “Bought and Sold” into Serbian. Video tapes with this movie 

were distributed to the majority of women’s NGOs in Serbia 467 , while public screenings 

were organized in several schools and on local TV stations. 

• In 1999, NGO Beosupport published a brochure addressing the problem of sexual 

exploitation and trafficking in youth. 

• ASTRA Network of women’s NGOs which covers the entire territory of Serbia was 

established in 2000 468 . The first activity carried out by the Network was a survey 

conducted in order to collect all available data on trafficking in women in Serbia and 

to see to what extent the citizens of our country were aware of the problem 

§ 827. The second period, starting from 2001 until today has been marked by the 

establishment of the Yugoslav Team, and later Serbia’s National Team for Combating 

Trafficking of Human Beings and by increase in the number of anti-trafficking actors, 

both governmental and nongovernmental (OSCE, IOM, ASTRA, Child Rights Center, 

Save the Children, Beosupport, Judges’ Association of Serbia etc.). These actors were 

mostly involved in the implementation of educational and preventive activities aimed 

at professional and general public awareness raising of the problem of human trafficking. 

III.6.1.3. Media Campaigns 

§ 828. Media campaigns are one of the most effective means of public awareness raising of 

some problem, including human trafficking. Thanks to anti-trafficking media campaigns, 

the citizens of Serbia obtained first information about what human trafficking was and 

how much it was present in our country. 

§ 829. So far, five large scale media campaigns have been run in Serbia, the first one “Open 

Your Eyes” being conducted by ASTRA in 2002/2003. This campaign sought to make the 

problem of human trafficking visible and to raise the awareness of professionals and lay 

467 

Activists of women’s NGOs that were dealing with the improvement of the position of women and combating gender-based violence. 

468 

ASTRA Networks gathers 11 organizations that meet several times a year to exchange experiences and discuss future joint activities. 

294


public, at the same time calling on state institutions to give adequate systemic response. 

§ 830. NGO Beosupport, which is the coordinator of National Team’s Working Group for 

combating child trafficking, with IOM’s support, launched an anti-trafficking awareness 

raising campaign under the title “Take Care”. It was accompanied by a media campaign 

on TV and radio stations, as well as the organization of public sessions in schools, which 

were attended by police officers and where promotional materials were disseminated. 

§ 831. ASTRA, in cooperation with UNODC, conducted media campaign “There Is a 

Way Out” in the course of 2004 and 2005. The campaign sought to encourage victims, 

potential victims and people around them to search for help and information, to motivate 

citizens to help trafficked victims and to inform public on all aspects of human trafficking. 

§ 832. In 2005, international organization Save the Children ran a campaign “Save the 

Children from Human Trafficking”, calling on the joint action and inclusion of all services in 

charge of children protection. Besides the broadcasting of spots which contained ASTRA 

SOS Hotline number, posters and brochures, the campaign also included a research into 

the risk factors that may lead to child trafficking. 

§ 833. Campaign “Child Trafficking – Our Reality” was done by ASTRA in cooperation 

with Save the Children during 2006. Since the aim of this campaign was to reach out to 

the widest population and especially teenagers of 14-18 years of age, ten video spots 

were shot featuring celebrities, actors, singers and athletes. 

§ 834. Together with National Television RTS, the Interior Ministry realized two special 

broadcasts dedicated to the problem of human trafficking in 2004: the first one addressed 

the problem of people smuggling and the second one, with the great contribution of 

many members of the National Team for Combating Human Trafficking, the problem of 

trafficking in women and efforts which our country made in fighting this form of organized 

crime. The documentary on trafficking in women won in 2006 an ERNO award and, 

what is especially important, it is used in education programs in FBI Los Angeles 469 . With 

financial support of the US State Department, parts three and four of special broadcasts 

have been shot addressing the issues of child trafficking and the missing babies’ scandal. 

§ 835. During World Cup 2006 which took place in June and July in Germany, a spot 

calling for the prevention of trafficking in women for the purpose of sexual exploitation, 

which targeted potential clients, was made at the initiative of National Television 

journalist Dušan Vojvodić and the representative of the Interior Ministry’s Border Police 

Directorate representative. Campaigns focused on demand for the services of victims 

of sexual exploitation seek to sensitize potential clients, help them recognize trafficking 

victims and motivate them to contact to institutions/organizations that may provide 

assistance. This spot was signed by the National Team for Combating Human Trafficking. 

It is interesting that Serbia was the only country in the region to broadcast this kind of 

spots, while the police introduced special intensified measures at that time. 

469 

Human Trafficking in Serbia, HERA Project, European Public Law Center and Hellenic Aid, 2007 


ARTICLE 9 

§ 836. In December 2006, the Ministry of Labor, Employment and Social Policy signed 

an agreement on financial support of the Government of Serbia with the production 

company Monte Royal Pictures for the needs of shooting a series “Modern Slavery” that 

would be inspired by actual events and experiences of trafficked victims. 470 The series is 

planned to have 13 episodes and its screening was announced for one year later. For this 

purpose, the Government of Serbia has allocated RSD 72 million 471 . Due to the lack of 

money, the work on the series was stopped in the second half of 2007. In the meantime, 

the idea of shooting a series was gien up, but the authors and producers decided to shoot 

a featured movie titled ”Sisters“. The premiere of the movie is expected in 2011. 

§ 837. In the autumn of 2007, the Interior Ministry in cooperation with the office of the 

Council of Europe in Belgrade 472 and the Anti Trafficking Council announced a painting 

competition with the theme “Modern Slavery” 473 . Eligible for the competition were all 

primary and secondary school pupils in Serbia, whose task was to express their view on 

the problem of human trafficking, i.e. to condemn this “form of modern slavery”. The 

best work was printed on the charity postage stamp which was mandatory during one 

period. It was planned to direct all resources collected through the sale of this postage 

stamp into direct assistance to trafficking victims. 

§ 838. Although government’s initiative to collect funds for the assistance to trafficking 

victims is generally praiseworthy, in our opinion this was not the best approach and in no 

way represented direct financial support from the state through budgetary allocations for 

this purpose. Moreover, having in mind some of previous actions that were accompanied by 

the sale of mandatory charity stamp, which arose negative public reaction 474 due to their 

mandatory nature, such initiative could have brought more harm than benefit to the antitrafficking 

effort in Serbia. However, major objection is that in this way the Government 

of Serbia does not take active part in combating human trafficking, but it is done by the 

citizens who do not have possibility to chose, when sending their mail, whether they would 

like to make donation or not, but they are forced to by Government’s Decree 475 . 

§ 839. The majority of anti-trafficking awareness raising activities and campaigns have 

been conducted by NGOs in Serbia with financial support from foreign donors and/or 

international organizations. State institutions became involved or initiated these activities 

only in last couple of years. However, even then prevention campaigns were not part of 

a broader program designed and planned based on the analysis of needs, but these were 

470 

News taken from Government of Serbia’s website on June 14, 2006 http://www.srbija.gov.rs/ 

471 

On December 22, official EUR/RSD exchange rate was 1/78.25. 

472 

Within Serbian Presidency in the Committee of Ministers the Council of Europe between May and November 2007, pursuant to Government’s 

conclusion 05 no:018-2119/2007 of 26 April 2007, by which the Platform for Republic of Serbia’s Presidency over the Committee of Ministers of 

the Council of Europe, October 2007 was designated as the months of fight against human trafficking. 

473 

Public competition was announced on 11 October 2007 on the website of the Ministry of the Interior of Serbia http://www.mup.sr.gov.yu/domino/ 

arh2007.nsf/11oktp07likkon 

474 

“As of New Year (1 January 2009) all citizens who are sending letters or parcels have to pay a special extra postage stamp for building the Temple”. 

More about this topic at: http://www.b92.net/info/vesti/index.php?yyyy=2006&mm=01&dd=19&nav_id=185775 

475 

The Decree of the Government of Serbia on the issuance of charity postage stamp “Fight against Human Trafficking” (Official Gazette of RS, no. 

126/2007 of 28 December 2007). The regulation was in force between 5 – 26 January 2008. 

296


ad hoc activities carried out thanks to personal initiative and individual determination 

and commitment. Unfortunately, this has not served as an example to higher levels of 

government to take organized measures in this area, but everything stayed at the level of 

what have been done as a sufficient argument that can be used for the needs of various 

international documents on human trafficking situation and anti-trafficking activities 

carried out in specific states. 

§ 840. The last large-scale media campaign titled “Naked Facts” was conducted by ASTRA 

with support of OSCE Mission to Serbia and the Austrian Development Agency (ADA) in 

2008. The campaign, featured by men from public life 476 , provoked great attention of 

both general public and professional community. 

§ 841. Until ASTRA’s last campaign, campaigns were not followed by the evaluation at the 

end of the campaign of effects or opinion polls on how much the public got acquainted 

with this problem, how much the perception of target groups changed, whether it was 

taken care to send the message to the citizens in the countries or origin, transit and 

destination. An important question is whether target groups, especially groups at risk, 

have been informed and empowered and not scared by the messages of the campaign 477 

and whether the messages have been appropriate, without containing a bunch of all the 

same information. 

§ 842. According to ASTRA’s experience, all actors to whom we indicated a need to 

analyze implemented activities, i.e. the effects of the campaign, recognized its significance. 

However, although recognized as necessary it has not been attractive enough for the 

donors who would support it. Only after eight years of work, thanks to the support of 

OSCE Mission to Serbia, ASTRA managed to raise fund for a comprehensive opinion poll 

on this topic. The poll was conducted in the autumn of 2008. The results of this survey 

are presented in Annex 5 of this Report. 

III.6.1.4. Awareness Raising of Groups at Risk 

§ 843. For activities carried out seeking to raise the awareness of human trafficking 

problem among groups at risk, it can also be said that they have been done mostly by 

NGOs or on rare occasions by international organizations. NGOs in Serbia have held 

numerous workshops, lectures and public sessions for secondary school pupils and 

students, where discussion centered on human/child trafficking. Although the list of 

these activities is relatively long, and their implementation required great engagement 

of NGO activists, the fact is that these are mostly ad hoc activities that lack systematic 

long-term approach. We should stress here that these are primarily activities aimed at 

476 

Men who got naked for this campaign are Milutin Petrović – director, Željko Bodrožić, Dejan Atanasijević and Jugoslav Ćosić – journalists, Ivan 

Tasovac – director of the Belgrade Philharmonic Orchestra, Vukašin Marković – rep musician and Branislav Lećić – actor and Monoister of Culture 

Zoran Đinđić’s government. 

477 

For example, that traveling abroad is dangerous, that violence occurs somewhere else and similar messages on the wave of rather widespread 

xenophobia among the citizens of Serbia. 


ARTICLE 9 

young people as one rather broad and diverse group at risk. To our knowledge, preventive 

anti-trafficking activities have not targeted any other group at risk nor have the activities 

been designed based on the analysis of specific elements of vulnerability. 

§ 844. The defining of vulnerable groups is very important. It is necessary to keep track 

of trends and look for the answer to the question: what groups are at increased risk? 

What segment of population is particularly vulnerable, i.e. has specific victimological 

predispositions 478 ? In the survey “Children Speak Out” from 2007, in the consultative 

process with the representatives of relevant agencies, the following categories of children 

have been recognized as children at risk: children from marginalized groups (especially 

Roma children), children who live in extreme poverty, children who live and work in the 

streets, children who live in social welfare institutions, children who are illegal migrants 

and internally displaced children from Kosovo 479 . 

§ 845. Moreover, the analysis of both the effects and the quality of education programs 

that were carried out have never been done, either. In the report Trafficking in Human 

Beings in South Eastern Europe 2004 – Focus in Prevention 480 , it is stressed that „evaluation 

of such events is usually based on the opinions of children who took part“, and that 

“all NGOs claim that the children were very happy to receive the information, that 

their knowledge and understanding of the problem of trafficking increased, and that 

the children would like to participate in more activities of the same type in the future. 

However, it is not possible to find out from the NGOs exactly what children learned and 

what they understood by ‘trafficking in human beings’. Some of the answers given by 

children on evaluation forms filled in following the workshops indicated that they had not 

understood the differences between trafficking, prostitution and exploitation of children.” 

Although this Report was produced in 2004, some of its findings and recommendations 

are still topical. When designing the questionnaire, questions should be formulated in 

such a way as not to lead to desirable answers or require the defining and listing what 

human trafficking or its specific aspects are, but check what the child has understood 

through the answers related to certain types of behavior: whether they would travel with 

forged passport if they do not have the proper one, whether they would enter the country 

illegally and the like. 

§ 846. This is certainly an important observation when we talk about the design of evaluation 

sheets and the measuring of what have been learned at the workshops and in education 

programs in general. To illustrate what young people know and how they understand 

478 

Victimological predispositions represent specific characteristics, structure and habits of an individual or a group that make them prone to 

victimization, i.e. to be potential victims of criminogenic exploitation. Nikolić, Z. Kriminologija sa socijalnom patologijom, Narodna knjiga, 

Beograd, 2000. 

479 



480 

Limanowska, B., Trafficking in Human Beings in South Eastern Europe 2004 – Focus on Prevention in Albania, Bosnia and Herzegovina, Bulgaria, 

Croatia, the Former Yugoslav Republic of Macedonia, Moldova, Romania, Serbia and Montenegro, the UN Administrative Province of Kosovo, UNICEF, 

UNOHCHR, ODIHR, 2004, page 45 

298


this problem, we are presenting the results of a survey conducted for the purpose of the 

research “Human/Child Trafficking – A Look through the Internet Window” 481 . 

§ 847. This poll was conducted on the sample of 1,205 pupils of general (gymnasium) 

and vocational secondary schools, of both genders, between 14 and 19 years old (all 

four grades), who attended schools in six towns in Serbia - Šabac, Novi Sad, Novi Pazar, 

Vranje, Užice and Belgrade. The findings were as follows. 

§ 848. If we observe the entire sample, 98.8% of respondents have heard that human 

trafficking exists, while only 1.2% has never heard of this problem. The situati on is 

not much different with regard to the (in)existence of the problem in view of sociodemographic 

variables. Significant statistical differences have not be registered between 

pupils attending different schools (general education or vocational), living in different 

towns or attending different grades. However, statistically significant difference (at the 

level of significance of 0.01) appears when we observe the gender of respondents – all 

girls from the sample knew of the problem, while 13 boys (2.6% of all boys) have never 

heard of it. 

§ 849. Both boys and girls define the concept of human trafficking in the same way, 

while differences in definition do not depend on age, the place of residence or the type of 

school. Human trafficking is most often understood as the exploitation of people (20%), 

than as the sale and purchase of people (18.5%), kidnapping (10%), sexual exploitation 

(8.7%) and abuse (7%). Other categories are tautological explanations: “this is trafficking 

in men and women…” (6.5%), a way to make money and deprivation of liberty (5.2% 

each), someone’s taking away from the country (4.1%), something worst (2.8%), “white 

slavery” (2.4%), prostitution, criminal activity, deception, violation of human rights, 

crime, the sale of babies, labor exploitation, transportation, blackmail (less than 2%). 

§ 850. However, there are still some stereotypes in public when we talk about human 

trafficking – that human trafficking takes place somewhere else, that it involves sexual 

exploitation only and the like. Often, such stereotypes are not present only among 

children, common citizens, but are shared by professionals, too. 

§ 851. In conclusion, the implementation of preventive activities for youth was not 

accompanied by previous analysis of the needs on the field. Moreover, it is not known 

who, when and where has already carried out education programs for groups at risk. 

As a result, some towns are completely neglected, while in certain parts of the country 

preventive anti-trafficking activities have not been organized for years. For this reason, 

it is recommended to establish in the coming period a system through which it would 

be possible at least to keep track of what have been done, in order to have this kind of 

education equally present in the whole territory of Serbia. Also, it is important to go out 

of big towns as much as possible and plan and organize education programs in smaller 

communities, which has not been the case so far. 

481 



ARTICLE 9 

Although not directly and exclusively aimed at trafficking victims, here we should mention 

POP project (Power of Prevention), which has been carried out in the field by NGO JAZAS 

since January 2005 482 . Namely, in Belgrade and Pančevo there are a total of six so-called 

hot sports where street sex work takes place. JAZAS’ project includes outreach work and 

a mobile medical unit which frequents each of the identified hot spots twice a week. The 

Mobile Unit provides to sex workers basic health services and advice, HIV and HBV/HCV 

testing and counseling 483 . Free condoms and lubricants are also distributed to sex workers 

and the members of the Mobile Unit are always ready to give them preventive advice. 

Such outreach work aims at reaching out to marginalized and stigmatized structures of 

society and allows for their inclusion into social systems, first of all health care and social 

welfare systems. The Mobile Team consists of a gynecologist, dermatovenerologist, 

psychologist, GP, counselor for voluntary confidential counseling and testing and lab 

technician. Although this program lacks education and informing on the problem of 

human trafficking and available victim assistance mechanism in this highly vulnerable 

group, in our opinion this is an example of good practice in the area of health care of 

(potential) trafficking victims. 

III.6.1.5. Preventive Role of SOS Hotline 

§ 852. ASTRA has been running the only SOS Hotline in Serbia specialized exclusively for 

the problem of human trafficking. Besides assistance targeting trafficked victims, ASTRA 

SOS Hotline also plays a prevention role in terms of providing accurate information on 

human trafficking. Since the field of human trafficking is closely linked with the problem 

of migrations, ASTRA SOS Hotline also offers information on safe migrations through 

preventive and educational telephone communication with people calling the hotline, 

who want to migrate. This assistance consists of checking and giving information 

regarding the visa regime of specific countries, the examination of destinations if they 

are known, checking and giving information on documentation required in the country 

of destination for doing a specific job (education level, qualification, diploma/degree 

validation requirements and the like), checking and giving information on documentation 

necessary for continuing school in the country of destination. ASTRA does the checking 

of these information for each individual case. 

§ 853. Because of numerous abuses, frauds and potential trafficking in human beings, 

ASTRA legal counselors provide free legal aid, which includes the examination of labor 

legislation of specific country, the examination of offered employment contracts, the 

clarification and explanation of contract clauses, as well as help to ASTRA clients in 

administrative and institutional procedures. 

§ 854. Besides keeping track of trends in human trafficking, SOS hotline also serves 

482 

http://www.jazas.net/projekti.html#rez 

483 

Voluntary confidential counseling and testing concept 

300


for monitoring the effects of anti-trafficking campaigns. This is done in two ways: by 

comparing the number of calls received during the campaign and outside this period, as 

well as by comparing the number of newly identified victims. In that respect, ASTRA has 

had the following experience. In the course of the campaign and short after it, the number 

of calls received to ASTRA SOS Hotline significantly grows, and, more importantly, through 

increased number of calls, considerably larger number of trafficking victims is identified. 

ASTRA SOS Hotline database indicate that, depending on the campaign, this number used 

to increase by 70-100%, and the number of identified victims grew accordingly. 

§ 855. In addition to these short-term effects that are registered in the peak of the 

campaign, every campaign as a rule brings a long-term raise in the number of calls (of 

course, smaller than during the campaign) which continue into the following months. 

§ 856. Professional awareness raising and specialist trainings will be separately addressed 

within the analysis of Article 10 of the Trafficking Protocol and complementary articles 

of the CoE Convention. 

III.6.1.6. Long-Term Preventive Activities 

§ 857. Besides numerous anti-trafficking activities that have been carried out, only a few 

of them have a long-term preventive impact. Government’s effort to eradicate root causes 

that contribute to the vulnerability of women and children to trafficking, including poverty, 

discrimination, inequality and demand for the services of trafficked women and children, 

will be discussed in the analysis of Paragraph 4 of this Article of the Palermo Protocol. 

§ 858. The major portion of activities aimed directly at trafficked persons, i.e. at the 

prevention of recidivism, has been taken by NGOs. For example, within the Temporary 

Home, shelter for trafficked persons run by NGO Atina, various activities are carried out 

for the purpose of successful social inclusion of the beneficiaries of this NGO’s program. 

§ 859. NGO Women-to-Work from the UK, in cooperation with ASTRA, carried out in 

Belgrade a pilot project “Training for Economic Empowerment of Women Victims of 

Human Trafficking”. The project sought to provide the girls – victims of human trafficking 

with necessary knowledge to start up their business, i.e. find a job. An active role in that 

respect was played by mentors, whose task was to monitor the girls in their business 

ventures one year following the completion of the training and provide them with 

adequate professional and emotional support. The training in which the girls acquired 

basic knowledge of economics which they used to draw up their business plans took place 

in April 2005 and September 2006. 

§ 860. Having in mind that prevention also includes the prevention of recidivism, in view 

of the small number of identified trafficked persons 484 on one hand and the absence 

of long-term (re)integration programs which are supported by the state on the other, 

484 

Limanowska B., Trafficking in Human Beings in South Eastern Europe 2002 – Current Situation and Responses to Trafficking in Human Beings in 

Albania, Bosnia and Herzegovina, Bulgaria, Croatia, The Federal Republic of Yugoslavia, the Former Yugoslav Republic of Macedonia, Moldova, 

Romania, UNICEF, UNOHCHR, ODIGHR, 2004. 


ARTICLE 9 

significant progress and more serious fight against this problem do not seem likely to 

happen in the near future. 

III.6.1.7. Analyses, Research and Reports 

§ 861. Besides the above-mentioned prevention/education activities, numerous analyses 

and surveys into human trafficking in the territory of the Republic of Serbia have been 

conducted during the period covered by this Report. In addition to analyzing the situation 

in this area, these researches were aimed at drawing up recommendations and guidelines 

for future work, both in the area of victim protection and the prosecution of crime, and in 

the area of human trafficking prevention. 

§ 862. The first more comprehensive research into the human trafficking problem in 

Serbia was conducted by NGO Victimology Society of Serbia in cooperation with OSCE 

Mission to Serbia. The research titled “Human Trafficking in Serbia” 485 was released in 

June 2004. It included data on the size, structure and characteristics of human trafficking 

in Serbia and gave an overview of available mechanisms for combating and preventing 

this problem and for assisting trafficked persons. 

§ 863. Other researches followed soon, e.g. the Second Annual Report on Victims of 

Trafficking in South-Eastern Europe by Rebecca Surtees 486 ; the survey “Human (Child) 

Trafficking – A Look through the Internet Window” 487 , which examines the recruitment 

of trafficking victims over the Internet (December 2006, ASTRA with the support of OSCE 

Mission to Serbia); “Children Speak Out” 488 by Nevenka Žegarac published in 2007 in 

cooperation with Save the Children UK South East Europe Programme – See Europe Child 

Trafficking Response Programme, “Trafficking in Men in Serbia” 489 conducted by NGO 

Victimology Society of Serbia with support of US State Department’s Office to Monitor 

and Combat Trafficking in Persons in 2009 and others 490 . 

485 

Nikolić Ristanović V. (et al), Human Trafficking in Serbia, Victimology Society of Serbia, OEBS Mission to Serbia and Montenegro, Belgrade, 2004. 

486 

Surtees R., Annual Report on Victims of Trafficking in Sourth-Eastern Europe, Regional Clearing Point, IOM, 2005. 

487 


488 



489 

Nikolić-Ristanović V. [et. al.], Trafficking in Men in Serbia, Victimology Society of Serbia, Belgrade, 2009. 

490 

Factors of Risk and Protection – Trafficking in Roma Women and Children (October 2002, CRS); State Violence in Serbia and Montenegro. Alternative 

Report to the UN Human Rights Committee (July 2004, NGOs Humanitarian Law Center, ASTRA and Child Rights Center); Posledice viktimizacije 

na konkretne žrtve, potrebe žrtava i mogućnosti rehabilitacije (September 2003, NGO Victimology Society of Serbia, Faculty of Health Care and 

Social Professions, Dept. of Social Work and Fafo Institute for Applied International Studies, Oslo, Norway); Trafficking in Women – Manual for 

Journalists (December 2003, NGO ASTRA); Alternative Report on the Implementation of International Covenant on Economic, Social and Cultural 

Rights in Serbia and Montenegro (May 2005, NGO coalition – Child Rights Center, Belgrade Center for Human Rights, Group 484 and ASTRA); 

A Life of One’s Own: Rehabilitation of Victims of Trafficking for Sexual Exploitation (June 2005, Fafo Institute for Applied International Studies, 

Norway and NGO Victimology Society of Serbia with support of Research Council of Norway); Nobody’s Children (September 2005, Save the 

Children and Centre for Testing, Evaluation and Research); Eksploatacija dece sa posebnim osvrtom na Fakultativni protokol uz Konvenciju o pracima 

deteta (Nevena Vučković Šahović); Dečji rad u Srbiji: Analiza zakonodavstva, prakse i pojavnih oblika dečjeg rada (March 2006, Ministry of Labor, 

Employment and Social Policy and NGO Child Rights Center); Mechanism for the Monitoring of Trafficking in Human Beings in BH, Croatia and 

Serbia (June 2006, IOM Belgrade), Protection of Trafficking Victims – National Referral Mechanism in the Republic of Serbia (February 2006, NGO 

Atina with support of IOM and Belgium King Baudouin Foundation); Human Trafficking – Peer Education Manual with the analysis of hood practice 

of preventive-educational workshops (September 2008, ASTRA); Human Trafficking – Manual for Journalists (January 2008, ASTRA); Social Inclusion 

of Trafficking Victims (May 2009, IOM Mission to Belgrade, Republican Institute for Social Protection and NGO Atina with financial support of 

USAID, SIDA and IOM); Research of the existing capacities and needs of teachers in the territory of Vojvodina in the field of human trafficking (April 

302


§ 864. Researches were often of explorative nature 491 and in that respect they gave 

significant contribution to the understanding of this problem in our country. They were 

mostly focused on the phenomenon of human trafficking and its different manifestations, 

but rarely and/or only fragmentary examined the etiology, i.e. causes, the analysis of 

different factors conducive to human trafficking, their correlation and the like. Also, state 

authorities most often failed to implement in practice the findings of these researches 

and recommendations they brought. 

III.6.1.8. Cooperation with the Nongovernmental Sector 

§ 865. The issues of status, role and place of nongovernmental organizations that operate 

in Serbia are discussed in detail in the Introduction and in the analyses of other articles, as 

well as in Annex no. 6. Observed in the context of the implementation of anti-trafficking 

preventive activities, the situation today is similar. However, here we could also distinguish 

several phases in cooperation of state institutions and nongovernmental organizations. 

§ 866. In the first phase, since the 1990s until 2001, activities aimed at human trafficking 

prevention were scarce and were carried out by NGOs only, without participation of 

state institutions. 

§ 867. The period between 2001 and 2004 was marked by the first contacts and establishing 

cooperation between civil society and state authorities, which would result in, inter alia, 

multisectoral bodies. This particularly refers to the establishment of the National Team for 

Combating Human Trafficking, which is still composed of the representatives of government 

agencies, nongovernmental and international organizations. When the National Team was 

founded, it was decided that NGOs should coordinate two Working Groups; specifically, 

ASTRA was appointed the coordinator of the Working Group for Prevention and Education 

and NGO Beosupport the coordinator of the Working Group for Child Trafficking. 

§ 768. Since the mid-2004, institutions have started slowly closing the door for 

cooperation with NGOs. During this period cooperation between NGOs and institutions 

has been more of declarative nature. After the parliamentary election in 2008, the 

situation was gradually improving, but not quickly enough and not in a way envisaged in 

the Parlemo Protocol and CoE Convention. 

§ 769. Having an objective look at the implementation of preventive anti-trafficking activities 

in our country, it cannot be denied that cooperation between the governmental sector 

2009, NGO Cube), Research/Mapping of the cases of human trafficking and level of awareness of the problem of human trafficking (May 2009, NGO 

Cube with support of the Vojvodina Executive Council and Provincial Secretariat for Social Protection and Demography with the recommendation 

of the Provincial Secretariat for Education on the importance of implementation of preventive and educational programs on the problem of human 

trafficking); Assistance and Support to Women Victims of Trafficking in Serbia (January 2010, NGO Victimology Society of Serbia within a UNDP 

program and in cooperation with the Gender Equality Directorate of the Ministry of Labor and Social Policy of Serbia and with EU’s financial 

support) i etc. 

491 

Unlike repetitive researches, which have been used for the purpose of confirming or denying different hypotheses within frequently examined 

social phenomena, explorative researches, when human trafficking is concerned, are still dominant. Since the phenomenon is heterogeneous and 

that researches are done sporadically – when there are available funds for that – and unsystematically, explorative character of responding to 

certain problems and tasks (instead to hypotheses based on previous empirical or theoretical knowledge) is still, with regard to human trafficking, 

the so-called character of choice. 


ARTICLE 9 

and NGOs exists 492 . However, since NGOs have initiated and carried out the majority of 

preventive activities, this cooperation mostly has a form of readiness of the representatives 

of state agencies to take part in such activities. Since the greatest number of these activities 

were education programs 493 , cooperation included the presence of the representatives of 

institutions as participants or lecturers at the seminars organized by NGOs. 

§ 870. On several occasions, the representatives of Ministries appeared as the organizers 

of some seminars. Here we have in mind in particular a series of trainings for the staff of 

social welfare centers and child care institutions organized first by the Ministry of Social 

Policy and later by the Ministry of Labor, Employment and Social Policy between 2003 

and 2005. Also regular professional development programs at the Ministry of the Interior 

included modules that addressed the problem of human trafficking. 

§ 871. Although ASTRA as a coordinator of the Working Group for Prevention and 

Education of the National Team for Combating Human Trafficking have tried several 

times to initiate work on the strategic planning of human trafficking prevention, it has 

not gone further from initial enthusiasm of persons who were present at the meetings. 

III.6.1.9. Mitigating Risk Factors 

§ 872. The expansion of human trafficking started in early 1990s, following the opening of 

borders after the disintegration of the Soviet Union. This is the moment which announced 

more freedom and prospects for life in peace and security. However, these changes 

brought about some negative consequences, such as the pauperization of citizens (of the 

countries of former Easter block), the disintegration of political and social structures in 

these countries, which created a special social state characterized by “the disturbance 

or weakening of the regulatory function of the state”. In newly-formed states, the state 

apparatus was not established yet, the rule of law was accompanied by numerous 

weaknesses, while the civil sector was in an early stage. All of these additionally lead 

to the criminalization of society. Here we should add the wars in the territory of former 

Socialist Federal Republic of Yugoslavia which, inter alia, generated new demand for 

sexual services of trafficking victims, thus opening even more room for criminal activities. 

The first cases of forced labor were registered some time later. The described situation 

resulted in the emergence and/or strengthening of organized crime. 

§ 873. Human trafficking affect in particular women and children as a result of new social 

and political reality. The so-called “feminization of poverty”. i.e. small presence of women 

and their discrimination in the labor market is typical especially in the period of transition. 

This, together with restrictive immigration policy of western countries and militarization 

of the region in the previous period, is one of the most frequent causes of trafficking in 

women in the Balkans. 

492 

As said before, several periods could be distinguished in terms of cooperation. 

493 

This includes both work with vulnerable groups and work with professionals who may come in contact with (potential) victims of trafficking. 

304


§ 874. Further, bad economic situation in post-conflict regions has made especially 

female population particularly vulnerable 494 . 

§ 875. The Government of Serbia has initiated or is conducting, with more or less success, 

various measures and activities that may have certain long-term preventive effect in 

terms of combating human trafficking. 

§ 876. With regard to the legal position of women, according to the 2006 Constitution 

of Serbia 495 , the state shall guarantee equality of men and women and develop equal 

opportunities policy. Any form of discrimination is prohibited, above all discrimination 

based on race, sex, national background, religion etc. Discrimination is prohibited by 

the Law on the Prohibition of Discrimination 496 and the Labor Act 497 , which set out the 

definition of indirect and direct discrimination. The violation of equality, not only gender 

equality but equality in general, shall be considered a crime. In spite of equal opportunities 

that are guaranteed by the law, women are faced with different forms of discrimination 

in the labor market. 

§ 877. The Poverty Reduction Strategy Paper 498 from 2003 recognizes, inter alia, women, 

youth, refugees, Roma and persons with disabilities as the categories of population that 

are mostly affected by poverty. In the 2002-2007 Living Standards Measurement Survey 

it is said that poverty reduction measures have brought results and that the number of 

those living under the poverty line have decreased. Namely, in 2002 14% of population 

lived under the poverty line, while in 2007 this portion stood at 6.6%, which is nearly 

half million people 499 . Poor citizens mostly live in rural areas, in particular in Southeastern 

Serbia. These are mostly uneducated and unemployed persons, the elderly, households 

with three or more small children. In this five-year period, poverty was reduced most 

among refugees, while Roma are still the most vulnerable. Nearly one half of Roma 

people are poor, while 6.4% of them live in extreme poverty 500 . According to the 2002 

and 2003 Living Standard Measurement Surveys, around 155,000 children in Serbia are 

poor, while another 155,000 children have insufficient material resources 501 . Particularly 

vulnerably are children of school age, children living in big families, children living in rural 

areas, as well as Roma children and children with disabilities. 

§ 878. According to the First National Report on Social Inclusion and Poverty Reduction 

in the Republic of Serbia 502 , 18% of the population in Serbia has been exposed to the risk 

494 

More information about the position of women in Serbia in the Introduction. 

495 


496 


497 

Official Gazette of RS no. 24/2005 and 61/2005. 

498 

Project “Contact Civil Society Organizations for the Implementation of the Poverty Reduction Strategy Paper” existed since 2007. It was designed 

as a project for creating the mechanism for exchange of information between government services and NGOs under the auspices of the team 

of the Deputy Prime Minister for the Implementation of PRSP. Contact Civil Society Organizations were appointed for each of seven vulnerable 

groups defined by this Strategy. http://www.prsp.gov.rs/aktuelno/kocd.jsp 

499 

B92 news of 28 May 2007 http://www.b92.net/info/vesti/index.php?yyyy=2008&mm=05&dd=28&nav_id=300867&nav_category=12 

500 

With less than EUR 50 per month per an adult household member. 

501 

Of a total of 1.47 million children who live in Serbia according to the 2002 census. 

502 

The First National Report on Social Inclusion and Poverty Reduction in the Republic of Serbia, overview and state of social inclusion and poverty for the 


ARTICLE 9 

of poverty in 2008 and 2009 503 . The same report further states that the group that has 

been the most exposed to the risk of poverty were inactive persons, except for retired 

persons (47.4%), the unemployed (30.5%), the self-employed (26.5%), persons who live 

in households with three or more dependent children (32.7%), households with a single 

parent with one or more dependent children (30.6%), households with one member of 

old age (26.5%), as well as children up to 18 years of age (22.1%). 

§ 879. What is especially worrying is that children’s poverty has been decreasing too 

slowly 504 . Data on poverty reduction must be observed and monitored very carefully, 

because poverty line is defined as a specific level of consumption per a consumption unit, 

where the fact that a household spends slightly more does not mean that such household 

is not poor. 

§ 880. Serbia is still a country in transition, with a high level of unemployment and a 

large share of illegal businesses. According to the First National Report on Social Inclusion 

and Poverty Reduction in the Republic of Serbia, the number of employed people in 

Serbia dropped to a minimum (2.382.000), while the number of unemployed people 

of work age amounted to 566.000 persons, that is, the corresponding unemployment 

rate for the population of work age amounted to 20%. Since 2008, the unemployment 

rate for women is constantly increasing. In the period from 2008 to October 2010, the 

unemployment rate of women grew by 5.1 percentage points (for about 40.000, that is, 

the number of unemployed women increased by 15.3%). 

§ 881. The National Employment Service has been implementing active labor market 

measures and programs directed primarily towards unemployable population groups, 

such as Roma, persons with disability, young people, long-term unemployed persons that 

include a large number of the unemployed, but in the unstable economic environment, 

these measures cannot yield long-term and sustainable results which would lead to 

mitigation of risk factors: thus achieved employment very often lasts only until the 

program or measure is in force. 

§ 882. Although primary education is mandatory under Serbian Constitution, a certain 

percentage of children, especially children who live in rural areas and Roma children 505 , 

does not enroll or complete primary school. In terms of gender, equal number of boys 

and girls enroll and complete primary school. This balance is maintained throughout 

the schooling period. Although education is a factor that reduces likelihood of living in 

poverty, poverty affects whether a child would go to school at all: around 60% of children 

who live under the poverty line do not attend primary school for this very reason 506 . 

According to the latest data from the First National Report on Social Inclusion and 

period 2008 – 2010, including the priorities for the following period, The Team for Social Inclusion and Poverty Reduction with the Cabinet of the 

Deputy Prime Minister for European Integration, March 2011. 

503 

According to the EUROSTAT methodology. 

504 


505 

73.8% and 21-37% of these children respectively (see Introduction). 

506 

MICS3. 

306


Poverty Reduction in the Republic of Serbia, the educational structure of the Serbian 

population in unfavorable: 3.4% of the population older than 10 years is illiterate (of 

these, women 5.5 times more than men); 21,9% of the population older than 15 years 

has an incomplete elementary education, 23.9% has only elementary education and 

41.1% of the population has only secondary education. In total 44.2% of women in the 

country have not completed elementary education (Inventory from 2002). In 2002, 

only 11% of the population finished college and higher education. Over 58% of Roma in 

the Republic of Serbia who are older than 15 years completed less than eight grades of 

elementary school. Even 71% of the poorest have not finished elementary school or has 

only elementary education (Living Standards Measurement Survey, 2007). 

§ 883. The problem of violence against women in children, i.e. family violence in general, 

has been legally addressed only in recent years. It has been prohibited in the Family 

Act and the Criminal Code. The abuse of children is explicitly prohibited by the 2006 

Constitution. Family violence was criminalized for the first time in 2003. 

§ 884. Although the issue of violence against women and children in Serbia is widespread, 

the implementation of the laws that set forth penalties for offenders and protection of 

victims was, during the entire period covered by this Report, still weak. 507 Such conclusions 

can also be found in the Alternative Report on the Implementation of the United Nations 

Convention on the Elimination of All Forms of Discrimination against Women 508 . 

§ 885. How important the prevention of other forms of violence is when we talk about 

the prevention of trafficking in women and children is illustrated by the following 

data. Namely, according to ASTRA SOS Hotline 509 , more than half of Serbian nationals 

identified as trafficking victims in 2002-2010 had previous experience of violence 510 . We 

have every reason to believe that this percentage is even higher since we do not have 

relevant information for one third of our clients. 511 

507 

More information about the analysis of the content of public policies in the field of violence against women and domestic violence, as well as 

about the tendencies in the amendments to the legislation in the field of domestic violence can be found in the Report Gap Mapping, Independent 

monitoring on implementation of Concluding comments and recommendations of the UN Committee on the Elimination of Discrimination against 

Women for the Republic of Serbia – state and local level of action, Autonomous Women’s Centre, Belgrade – Good Practice Development 

Programme in the Field of Domestic Violence; see report at http://www.womenngo.org.rs/images/publikacije-dp/Mapiranje_praznine.pdf 

508 

Report to the CEDAW Committee, The Voice of Difference, Autonomous Women’s Centre, ASTRA, Incest trauma centre, Women in Black, Belgrade, 

March 2007. 

509 

Since March 2002 (when SOS hotline was launched) until December 2010, 351 trafficking victims were identified and/or assisted through ASTRA 

SOS Hotline. Quoted data are taken from ASTRA Database. 

510 

Data refer to both violence in primary family and domestic violence. 

511 

One of the rules of ASTRA SOS Hotline is that only information directly relevant for victim assistance and recovery program are taken from 

victims, while they should not be burdened with any additional questioning. Except for emergency situations, which involve acute violence, 

searches and the like, data are obtained in communication with clients over longer periods of time, while topics like previous experience of violence 

are initiated and handled at client’s initiative. 


ARTICLE 9 

Chart III.6.1.9.1. Previous experience of violence of trafficking victims (Serbian nationals) 

Chart III.6.1.9.2. Previous experiences of violence of trafficking victims (foreign nationals) 

§ 886. ASTRA does not have data on the history of family violence for 56% of foreign 

nationals identified as trafficking victims during this period. However, information that out 

of 44% cases for which we have this data, as much as 36% of victims had the experience 

of violence in their families or from their partners illustrates the complexity of human 

trafficking problem and indicates to an essential need for work on all individual causes. It 

shows what consequences family violence may have if it is not addressed by competent 

authorities. These data also show the size and extent of family and domestic violence. 

§ 887. Permanent political tension and frequent elections 512 at all levels result in many 

planned and announced documents not being adopted yet, while those that have been 

adopted are not consistently enforced in practice (e.g. Strategy to Combat Trafficking 

in Children). For many issues, the presence of political will and long-term planning are 

decisive, which is not priority for politicians and decision-makers faced with real threat 

of new election cycles. This equally applies to both social and economic development. 

512 

Parliamentary elections; December 2000, December 2003, January 2007, May 2008; presidential elections: October 2002, December 2002, 

November 2003, June 2004, January 2008. 

308


III.6.1.10. Other Measures for Prevention of Human Trafficking 

§ 888. Measures for effectively discouraging demand for sexual services of trafficked 

persons in the sense of Article 9, Paragraph 5 of the Protocol have been introduced into the 

Serbian criminal legislation by the latest amendments of the Criminal Code of Serbia 513 . 

§ 889. In the interpretation 514 of Article 9, Paragraph 5 of the Palermo Protocol, the 

emphasis is put on the prevention of exploitation of (illegal) migrations and fall in demand 

for foreign undocumented workers without proper documents 515 . 

§ 890. The employment of foreign nationals in the Republic of Serbia is regulated by 

the Law on Conditions for Employment of Foreign Nationals 516 . This Law prescribes that 

a foreign citizen may be employed providing that he/she has permanent or temporary 

residence permit in Serbia and that he/she obtains an approval of the competent 

authority, i.e. the National Employment Service (NES) 517 . An employer who wants to hire 

a foreign national who does not have residence permit or has only a temporary residence 

permit in Serbia shall also ask for the opinion of the NES. If they have a work permit, 

foreign citizens have the same rights as domestic workers in the Serbian labor market and 

their employment and work is regulated by the provisions of the Labor Act. 

§ 891. In order to address this matter more precisely, at the session held 31 March 2010, 

NES Managing Board has adopted the Rulebook on terms and manner of issuing work 

permits to foreigners and apatrides 518 . 

§ 892. According to the National Employment Service, the number of permits issued to 

foreign nationals increased many times in the period 2004-2008 519 : 

513 

Official Gazette of RS, no. 85/2005, 88/2005 - correction, 107/2005 - correction, 72/2009 i 111/2009. 

514 

“Almost all persons who are trafficked start out as migrants seeking work. They are pulled into the migration stream by the demand for labor in 

other countries. This demand exists because citizens and residents of many countries refuse to take low wage jobs. Jobs exist but no one wants 

them except migrants. At the same time, immigration laws in countries of destination are almost uniformly restrictive and prevent migrant 

workers from entering legally to work legally. Consequently, migrants are forced to find someone to help them migrate without documents. 

Often, that person is a trafficker who places the migrant into a situation of forced labor, slavery or servitude abroad. In order to reduce the ability 

of traffickers to prey on migrant workers, governments should ‘adopt or strengthen legislative or other measures...to discourage the demand’ for 

undocumented, vulnerable, exploitable migrant workers. They should adopt laws and measures to permit migrants to enter and work legally and 

to have access to the same labor rights provided to other workers. The demand for labor exists and will be met one way or another. The question 

remaining to be answered is whether the demand will be met by workers with rights or by trafficked persons.” Jordan A.D., Annotated Guide to The 

Complete UN Trafficking Protocol – Initiative Against Trafficking in Persons, International Human Rights Law Group, Washington DC 2002. 

515 

More about demand in connection with sexual exploitation in the analysis of Articles 1 – 5 

516 

Official Journal of FRY, no. 11/79 i 64/89. 

517 

The Law provides for exceptions in cases when a foreign citizen may be hired by an organization, i.e. employer without the approval of the National 

Employment Service and without public vacancy notice. This is possible if such foreign citizen has a temporary or permanent residence permit 

and if the employment is contracted for the performance of specialist tasks specified in the agreement on technical cooperation, on long-term 

production cooperation, on the transfer of technologies and on foreign investments. 

518 

The Rulebook was adopted in accordance with Article 13, Paragraph 1, point 6) of the Law on Employment and Insurance in Case of Unemployment 

(Official Gazette of RS, no 36/09) and Article 14, Paragraph 1, point 11) of the Statute of the National Employment Service (Official Gazette of RS, 

2/10), and with regard to Article 5, Paragraph 1 of the Law on Conditions for Employment of Foreign Nationals (Official Gazette of RS, no . 11/78 

and 64/89; Official Journal of FRY, no. 42/92, 24/94 and 28/96 and Official Gazette of RS, no 101/05), and it was published in the Official Gazette 

of RS, no. 22 from 9 April 2010. 

519 

E-mail between ASTRA and the National Employment Service. 


ARTICLE 9 

310 

YEAR 

NO. OF ISSUED PERMITS 

2004. 670 

2005. 1181 

2006. 1699 

2007. 1721 

2008. 2.672 

Table III.3.6.10.1. The number of work permits issued to foreign nationals 2004-2008 

§ 893. In 2009, a first instance authority issued 2.459 work permits for foreigners and 

apatrides. Of the total number of the applications filed, 19 applications have been refused, 

three dismissed, and upon one application, the process was suspended. Of the refused 

applications, three appeals have been referred to a second instance authority – the NES 

Director. Of the appeals that were being settled by the second instance authority, two 

appeals have been refused, and one was partially adopted. The parties whose appeals 

have been refused in the second instance did not lodge appeals to the Administrative 

Court for the purpose of conducting administrative dispute. 520 

§ 894. In 2010, in the branches of National Employment Service, as the first instance 

authority that makes decisions on the employment of foreign nationals, a total of 2.518 

approvals were given for the employment of foreign nationals who have temporary 

residence permits, and 42 approvals for the employment of foreign nationals who have 

permanent residence permits on the territory of the Republic of Serbia. In case of two 

decisions which refused applications for issuing a work permit for foreign nationals, two 

appeals were lodged which were referred to the second instance authority. The Sector for 

Insurance in Case of Unemployment, as a second instance authority, refused both appeals 

as unfounded. 521 

§ 895. As far as citizens of Serbia are concerned, and in accordance with the provisions of 

the Law on Employment and on Unemployment, NES carries out job brokering services for 

the employment abroad of the unemployed persons, as well as for the persons interested 

in changing employment. In the job brokering process, the National Employment Service is 

obliged to provide protection for those persons, which means at least the same treatment 

in the industrial relations with the nationals of the state of employment during their work 

and residence abroad. During 2010, two job brokering processes were conducted, one 

with the Federal Republic of Germany, and one with Libya. 522 

§ 896. During the period covered by this Report, foreign citizens appear as unregistered 

workers on seasonal jobs in Serbia. Namely, it could be often read in the newspapers that, 

in spite of high unemployment rate in our country, there is a substantial demand for 

520 

Work Report of the National Employment Service for 2009: http://www.nsz.gov.rs/page/info/sr/izvestaj_o_radu.html 

521 

See Work Report of the National Employment Service for 2010: http://www.nsz.gov.rs/page/info/sr/izvestaj_o_radu.html 

522 

Ibid.


workers during the season of agricultural works, for physical labor in which our citizens 

are not interested. These jobs are mostly done by undocumented workers from Romania 

and Bulgaria 523 . However, apart from newspaper articles, it was difficult to come to a 

precise data on undocumented labor of foreign nationals. 

During last year, in the villages of the Braničevski Region 

Romanians earned half a million euros 

POŽAREVAC – Working on farms in 190 villages of the Braničevski Region, the Romanian 

laborers made more than 50 thousand day-pays in last year, while their total earnings are 

estimated at nearly EUR 500 thousand. 

Their labor is mainly financed by our citizens who temporarily work abroad and hence do not 

have possibility to work on their land and keep general care of deserted households. Instead 

of them, this job was – and still is - done by imported laborers from Romania and Bulgaria, 

whose daily wage is 10 euros, which can double during the season of agricultural works. 

D. St. 

Glas javnosti (daily), 13 January 2003 

Source: http://arhiva.glas-javnosti.co.yu/arhiva/2003/01/13/srpski/RG03011212.shtml 

§ 897. According to the Report on Illegal Migrations for 2005 524 issued by the Interior 

Ministry’s Border Police Directorate, it may be concluded that their potential number was 

not insignificant. Since the state does not provide protection for unregistered workers, we 

may also talk about vast possibilities for their exploitation and forced labor. 

§ 898. Foreign citizens identified as trafficking victims in Serbia are entitled to temporary 

residence permit, the so called humanitarian visa which, together with other rights, also 

guarantee full access to the labor market. In relation to this, we can also mention the 

project “Sustainable reaction of the labour market for the needs of human trafficking 

victims in Serbia” financed by the International Organization for Migration (Relief 1035), 

and implemented by IOM Belgrade, NGO Atina, Coordinating Agency for the Protection 

of Trafficking Victims of the Ministry of Labor and Social Policy of the Republic of Serbia 

and NES. The Project was implemented from May 2009 to May 2010. The purpose of the 

Project was the inclusion of 20 victims of human trafficking in the labor market and their 

employment. 525 

§ 899. Forced labor in Serbia is prohibited by Article 26 of the Constitution 526 (“Prohibition 

of slavery, servitude and forced labor”), which is not a novelty, but the definition of forced 

labor is given 527 for the first time. According to ASTRA’s data, the majority of trafficked 

523 

For example http://www.blic.co.yu/temadana.php?id=6741 or http://arhiva.glas-javnosti.co.yu/arhiva/2003/01/13/srpski/RG03011212.shtml 

524 

The Report on Illegal Migrations for 2005, Ministry of the Interior of the Republic of Serbia, Department for Public Safety – Border Police 

Directorate, Belgrade, February 2006. 

525 

http://www.nsz.gov.rs/page/about/sr/aktprojekti/odrzivi_odgovor.html 

526 


527 

Labor or service of persons serving sentence of imprisonment if their labor is based on the principle of voluntarity with financial compensation, 


ARTICLE 9 

persons whom we identified in 2002-2010 were exposed to sexual exploitation – 69.6%, 

followed by labor exploitation – 11.6%, forced begging – 7.3% and forced marriage – 

5.6%. Moreover, six cases of combined sexual and labor exploitation were registered, 

as well as five cases of simultaneous sexual exploitation and forced begging, two cases 

of sexual exploitation in combination with forced marriage and four cases of trafficking 

for the purpose of illegal adoption. Serbia has ratified ILO Convention no. 105 528 from 

1957 which provides for the abolition of forced labor and ILO Convention no. 182 529 from 

1999 on the worst forms of child labor. The worst forms of child labor comprise all forms 

of slavery, including trafficking in children, as well as forced or compulsory recruitment 

of children for the used in armed conflict; the abuse of children for prostitution and 

pornography; the abuse of children for illicit activities; and any work which is likely to 

harm the health, safety or morals of children. Every State Party is obliged, inter alia, to 

establish appropriate mechanisms for monitoring the implementation of its provisions. 

Moreover, State Parties shall also take effective and time-bound measures to prevent the 

engagement of children in the worst forms of child labor, including the identification and 

reaching out to children at special risks of forced labor, taking into account the special 

situation of girls. 

§ 900. If we take a look at the forms of exploitation to which children identified by 

ASTRA 530 in 2002-2010 were exposed, it was sexual exploitation in 61.5% cases. Other 

forms of exploitation for which the children were trafficked were: forced begging (20 – 

16.4%), forced marriage (14 – 11.5%), labor exploitation (2 – 1.6%), combination of sexual 

exploitation and forced begging (4 – 3.3%) and illegal adoption (4 – 3.3%). 

§ 901. Although acts defined as forced labor are prohibited in Serbia, we do not have 

data on forced labor in practice. Namely, the National Employment Service does not have 

data on the cases of forced labor 531 . The Ministry of the Interior of Serbia is responsible 

for enforcing regulations. 

§ 902. With regard to the fact that our country is still a significant transit territory for 

illegal migrations, and it is known that illegal migrants are at risk of falling victim to 

trafficking, it is not unlikely that some of them could be exposed to labor exploitation in 

Serbia as a country of temporary destination, although their planned and final destination 

is some other country. 

§ 903. With regard to Article 5, Paragraph 4 of the CoE Convention, it should be mentioned 

that the majority of reports point out that Serbia has made a certain progress in the 

labor or service of military persons, nor labor or services during war or state of emergency in accordance with measures prescribed on the 

declaration of war or state of emergency, shall not be considered forced labor. 

528 

Official Journal of FRY – International Treaties, no. 13/2002. 

529 

Official Journal of FRY – International Treaties, no. 2/2003 

530 

ASTRA, Biannual Report 2006 – 2007, page 51. 

531 

According to Article 2 of the ILO Convention no. 29 from 1930, a key element of forced labor is the absence of assent of the person in question. In 

that respect, “forced or compulsory labor” shall mean “all work or service which is exacted from any person under the menace of any penalty and 

for which the said person has not offered himself voluntarily”. 

312


field of migration policies. Thus, for example, the European Commission Progress Report 

on Serbia from November 2010 532 says that in whole, Serbia is moderately advanced in 

the area of asylum. There has been good progress on migration management with the 

adoption of the migration management strategy in July 2009. A national strategy to fight 

illegal migration was adopted in March. The Law on Aliens came into force in April 2009 

and is largely in compliance with EU standards. 

§ 904. Toward the end of the period this Report refers to, more precisely, on 23 July 

2009, the Migration Management Strategy was adopted 533 , which also stipulates the 

institutional framework for the development of migration policy. Recommendations and 

measures envisaged by the Strategy are: 

• Define the content of the migration profile of the Republic of Serbia in accordance 

with the requests of the European Integration and with respect to the particularities 

in the case of the Republic of Serbia; 

• Update the migration profile of the Republic of Serbia regularly; 

• Conform the statistics with the requests of the EU standards; 

• Establish normative and technical conditions for data exchange between the relevant 

institutions; 

• Collect information, statistics and reports on migrations in the Republic of Serbia; 

• Designate an authority for collecting data; 

• Follow trends of migration courses. 

§ 905. The information from the competent services about the conditions of legal entry 

and residence on the territory of Serbia can be found at the official web site of the Ministry 

of the Interior, Ministry of Foreign Affairs, as well as the consular offices of the Republic 

of Serbia abroad. These information are given mainly in Serbian and English, with the 

exceptions of certain countries, which can also find the information related to visas in 

local languages. Thus, on the website of the Ministry of the Interior 534 those interested 

may obtain instructions and information about the Law on Aliens, closer conditions and 

method of visa issuance at border checkpoints, visa expiration date extension, duration 

and extension of temporary stay, terms for the issuance of authorization for temporary 

stay, permanent stay, identity cards for foreign citizens. On the website of the Ministry 

of Foreign Affairs one can find information about the visa regime that the Republic of 

Serbia applies to foreign citizens, guidelines on how to obtain the visa for RS, terms for 

the issuance of authorization for temporary stay VISA TYPE D, visa application form, list 

of Border checkpoints and information on customs formalities. Similar information can 

be found on the websites of the embassies of the Republic of Serbia abroad. 535 

532 

http://ec.europa.eu/enlargement/pdf/key_documents/2010/package/sr_rapport_2010_en.pdf 

533 


534 

http://www.mup.gov.rs/cms_eng/home.nsf/inf-for-foreigners.h 

535 

For the purpose of this Report, we made a haphazard choice and verification of the web pages of the consular offices of the Republic of Serbia, such 

as http://www.tirana.mfa.gov.rs/ (Albania), http://www.embserbia.cn/cn/ContentList.asp?id=178 (People’s Republic of China), http://www.mfa. 

gov.rs/Worldframe.htm (Russian Federation), http://www.embassyofserbiadelhi.net.in/Visa%20Information%20NEW.htm (India), http://www. 


ARTICLE 10 

§ 906. As far as Serbian nationals are concerned, in 2009, the migration balance (the 

difference between the number of immigrants and emigrants) was still positive (5.4 

thousand), according to the estimates of the Statistical Office of Serbia. However, that 

estimate is not realistic because the official data do not include a substantial number of 

the emigrants from the Republic of Serbia who leave the country with their families and 

do not report their departure. In-depth non-representative research show that emigration 

from the Republic of Serbia continues, and that those people who leave the country are 

mostly young and educated people. 536 

mfa.gov.rs/Worldframe.htm (United States of America) etc. 

536 

Bolčić, S. (2002): „Labor Force Migration and Brain Drain in Serbia”, Serbia at the end of Millennium: destruction of society, changes and everyday life, 

the Faculty of Philosophy, Belgrade. Penev, G. (2008): „Educational level of the Serbian Nationals Abroad”, Regional development and demographic 

courses in the countries of South-eastern Europe, the Faculty of Economy, Niš; Predojević-Despić (2010). „Main territorial characteristics of 

emigration from Serbia to EU: from guest workers to chain migration”, 7th IMISCOE Annual Conference, 13-14 September 2010, Liege, Belgium. 

Taken from The First National Report on Social Inclusion and Poverty Reduction in the Republic of Serbia, overview and state of social inclusion and 

poverty for the period 2008 – 2010, including the priorities for the following period, The Team for Social Inclusion and Poverty Reduction with the 

Cabinet of the Deputy Prime Minister for European Integration, March 2011. 

314



Women and Children, Article 10 – Information exchange and training 

CoE Convention on Action against Trafficking in Human Beings, Article 29, 

paragraph 3 - Specialised authorities and coordinating bodies, Article 32 - 

General principles and measures for international co-operation, Article 33 - 

Measures relating to endangered or missing persons, Article 34 - Information, 

Article 35 – Cooperation with civil society 


Article 10 

Information exchange and training 

1. Law enforcement, immigration or other relevant authorities of States Parties shall, as 

appropriate, cooperate with one another by exchanging information, in accordance with 

their domestic law, to enable them to determine: 

a. Whether individuals crossing or attempting to cross an international border with travel 

documents belonging to other persons or without travel documents are perpetrators or 

victims of trafficking in persons; 

b. The types of travel document that individuals have used or attempted to use to cross 

an international border for the purpose of trafficking in persons; and (c) The means and 

methods used by organized criminal groups for the purpose of trafficking in persons, 

including the recruitment and transportation of victims, routes and links between and 

among individuals and groups engaged in such trafficking, and possible measures for 

detecting them. 

2. States Parties shall provide or strengthen training for law enforcement, immigration and 

other relevant officials in the prevention of trafficking in persons. The training should 

focus on methods used in preventing such trafficking, prosecuting the traffickers and 

protecting the rights of the victims, including protecting the victims from the traffickers. 

The training should also take into account the need to consider human rights and child 

and gender-sensitive issues and it should encourage cooperation with non--governmental 

organization, other relevant organizations and other elements of civil society. 

3. A State Party that receives information shall comply with any request by the State Party 

that transmitted the information that places restrictions on its use. 


ARTICLE 10 

CoE 

Article 29 

Specialised authorities and co-ordinating bodies 

3. Each Party shall provide or strengthen training for relevant officials in the prevention of and 

fight against trafficking in human beings, including Human Rights training. The training 

may be agency-specific and shall, as appropriate, focus on: methods used in preventing 

such trafficking, prosecuting the traffickers and protecting the rights of the victims, 

including protecting the victims from the traffickers. 

Article 32 

General principles and measures for international co-operation 

The Parties shall cooperate with each other, in accordance with the provisions of this 

Convention, and through application of relevant applicable international and regional 

instruments, arrangements agreed on the basis of uniform or reciprocal legislation and 

internal laws, to the widest extent possible, for the purpose of: 

• preventing and combating trafficking in human beings; 

• protecting and providing assistance to victims; 

• investigations or proceedings concerning criminal offences established in accordance 

with this Convention. 

Article 33 

Measures relating to endangered or missing persons 

1. When a Party, on the basis of the information at its disposal has reasonable grounds to 

believe that the life, the freedom or the physical integrity of a person referred to in Article 

28, paragraph 1, is in immediate danger on the territory of another Party, the Party that has 

the information shall, in such a case of emergency, transmit it without delay to the latter so 

as to take the appropriate protection measures. 

2. The Parties to this Convention may consider reinforcing their cooperation in the search for 

missing people, in particular for missing children, if the information available leads them to 

believe that she/he is a victim of trafficking in human beings. To this end, the Parties may 

conclude bilateral or multilateral treaties with each other. 

Article 34 

Information 

1. The requested Party shall promptly inform the requesting Party of the final result of 

the action taken under this chapter. The requested Party shall also promptly inform the 

requesting Party of any circumstances which render impossible the carrying out of the 

action sought or are likely to delay it significantly. 

316


2. A Party may, within the limits of its internal law, without prior request, forward to another 

Party information obtained within the framework of its own investigations when it considers 

that the disclosure of such information might assist the receiving Party in initiating or 

carrying out investigations or proceedings concerning criminal offences established in 

accordance with this Convention or might lead to a request for co-operation by that Party 

under this chapter. 

3. Prior to providing such information, the providing Party may request that it be kept 

confidential or used subject to conditions. If the receiving Party cannot comply with 

such request, it shall notify the providing Party, which shall then determine whether the 

information should nevertheless be provided. If the receiving Party accepts the information 

subject to the conditions, it shall be bound by them. 

4. All information requested concerning Articles 13, 14 and 16, necessary to provide the rights 

conferred by these Articles, shall be transmitted at the request of the Party concerned 

without delay with due respect to Article 11 of the present Convention. 

Article 35 

Co-operation with civil society 

Each Party shall encourage state authorities and public officials, to co-operate with nongovernmental 

organisations, other relevant organisations and members of civil society, in 

establishing strategic partnerships with the aim of achieving the purpose of this Convention. 

III.7.1. Cooperation, information and other measures 

§ 907. Simultaneously with the first anti-trafficking initiatives in SEE Region, the Stability 

Pact for South Eastern Europe, Task Force on Trafficking in Human Beings launched numerous 

activities aimed at establishing cooperation among law enforcement in the region. Cross-border 

cooperation was recognized as a necessary prerequisite for successful fight against human 

trafficking and as such, it was incorporated into the Strategy to Combat Trafficking in Human 

Beings in the Republic of Serbia. The Strategy in Article 10 recognizes the necessity of international 

cooperation aimed at the legal aid procedure and implementing more comprehensive financial 

investigation. In accordance with the Strategy, international cooperation is defined in the 

Strategic goal 10 of the NAP for the period 2009-2001 as “establishing continual international 

and regional cooperation with other services, institutions and organizations dealing with this 

issue striving to achieve higher level of efficiency in prosecuting persons who have committed 

the crime of trafficking in human beings and other crimes containing the elements of human 

exploitation“ 537 . 

537 

National Plan of Action to Combat Trafficking in Human Beings: 

http://www.astra.org.rs/eng/wp-content/uploads/2008/07/NPA-2009-2011.eng_.pdf 


ARTICLE 10 

Strategy to Combat Trafficking in Human Beings in the Republic of Serbia 

International Cooperation: 

10. Establishing continuous international and regional cooperation with other services, 

institutions, organizations that work on this issue, with the purpose of more efficient 

prosecution of perpetrators for committing a crime of trafficking in persons and other 

crimes with the elements of exploitation of persons, through: 

10.1 signing and implementing adequate legal instruments for joint recognition of 

evidence and joint investigation in cooperation with the prosecution, police and 

courts from other countries, including the cooperation with Interpol, Europol, 

SECI Centre, SEEPAG and other organizations; 

10.2 improving the system of exchanging data with other countries; 

10.3 accelerating the legal aid procedure, especially the extradition of perpetrators in 

cases of criminal prosecution for trafficking in persons; 

10.4 performing comprehensive financial investigation in order to find out and 

confiscate the assets gained by committing a crime of trafficking in persons and 

related crimes with the elements of exploitation of persons. 

§ 908. The beginning of work on the suppression of human trafficking was marked by 

the absence of networking modalities between state authorities. This was an important 

obstacle to the efficient combating of this form of organized crime. The closeness of state 

institutions, in particular of the police, in the previous period, was not without impact. 

It took some time to build trust and gradually establish cooperation with professionals 

from other countries. This was contributed by numerous regional seminars and trainings 

that the representatives of institutions attended, above all thanks to foreign donors and 

funds, where direct contacts were established and made later cooperation easier. Also, 

the progress in inter-state cooperation appeared with regard to donations which foreign 

governments or their embassies were giving Serbia in the form of technical assistance and 

equipment for institutions, above all the police. Technical assistance included renewing the 

fleet, technical equipment and organizing professional development trainings for the staff. 

§ 909. However, the slowness of the state apparatus, enormous red tape, complicated 

procedures, and strict hierarchy of specific authorities make efficient work on combating 

human trafficking significantly difficult, even when there is a good will on the part of 

individuals who work in these institutions. This gives advantage to criminals who do 

not have these obstacles and successfully cooperate in their fields of activity. On 

the other hand, there are many examples where due to the lack of cooperation or 

slow administration some cases need to be stopped due to the statute of limitation. 

The situation is much more serious when search for persons who went missing in the 

trafficking chain is concerned and where the passage of time is in reverse proportion to 

the successfulness in solving the case. 

318


On 19 June 2007, father of a girl who was kept locked by the trafficker in a bar in 

Montenegro called ASTRA SOS Hotline. She contacted her father through SMS and told 

him to urgently send the police, because she was afraid that she would be sold in the 

following four days to another trafficker who would take her to Albania. On the same 

day, ASTRA contacted Serbian Ministry of the Interior and their representative asked a 

memo with all the details to be brought to him the following day on the basis of which 

they would take future steps. 

On 20 June 2007 ASTRA sent the memo, but got information that, since this involved 

human trafficking in the territory of another state and regardless of the fact that the 

victim was a Serbian national, these information need to go through administrative 

procedure which would take at least ten days before it got back to the operational level. 

It was impossible to officially send this memo on time and the police representative told 

ASTRA to contact a NGO in Montenegro with whom ASTRA already cooperated. Only 

that way their police could be alarmed quickly enough. 

The same day ASTRA contacted Safe Women’s House in Podgorica, a NGO for trafficking 

victim assistance, and the first contact with the girl was made on June 21. 


§ 910. While NGOs have a considerable advantage in that respect since they are not 

bound by any formal and administrative obstacles, and the exchange of information 

is possible by telephone or e-mail, state institutions have a formalized framework of 

cooperation they need strictly to comply with. 

§ 911. Some of the initiatives aimed at establishing cooperation of relevant institutions 

in this part of Europe are elaborated further in this text. 

§ 912. One of the earliest initiatives is certainly the first regional Romanian-Yugoslav 

forum on cooperation in combating human trafficking that was held in Bucharest on 21 

June 2001. The representatives of the public prosecution, the judiciary and the police from 

Serbia had an active role in this forum together with the representatives of other state 

authorities and NGOs. 

§ 913. On 29 November 2001, under the auspices of the Stability Pact, the second regional 

Ministerial forum on human trafficking took place in Zagreb, where the Interior Ministers 

of countries of the region signed a statement on commitment to the mechanisms for 

exchange of information on human trafficking. 

§ 914. In the course of 2004, National Coordinators for combating human trafficking 

of the Republic of Serbia and the Republic of Montenegro (i.e. their representatives) 

had three meetings in addition to several working meetings and regional gatherings 

which they jointly attended. On 21 April 2004, National Coordinators released a joint 

statement calling on comprehensive cooperation between the National Teams, especially 

through joint projects on prevention, education and protection of trafficking victims. 


ARTICLE 10 

Special attention was paid to the enhancement of cooperation of the two Ministries of 

the Interior, as well as of other state authorities in the cases of discovering, prosecuting 

and preventing human trafficking. Joint actions and investigations into human trafficking 

were recommended. Special focus was put on the need for synchronized activities in 

combating child trafficking in line with the priorities of the Stability Pact and Guidelines 

for Protection of the Rights of Child Victims of Trafficking in South Eastern Europe. 

National Coordinators called on the development of a regional concept of cooperation in 

combating human trafficking. 

§ 915. For the sake of better cooperation in fighting organized crime, the Interior Ministers 

of the Republic of Serbia and the Republic of Montenegro signed an agreement which 

inter alia concerned combating human trafficking. 

§ 916. At the beginning of November 2001, a Joint Document was signed with UNMIK, 

which, inter alia, envisaged the establishment of joint working bodies and committees, 

which task would be to improve security protection of non-Albanian population, the 

creation of security conditions for the return of displaced persons from Kosovo, the 

solution of missing person cases, as well as the establishment of police cooperation in 

the area of drug trafficking, human trafficking, money laundering, armament smuggling 

and fight against terrorism. 

§ 917. Within the joint committee for police cooperation of UNMIK, FRY and the Republic 

of Serbia a sub-committee for combating human trafficking and people smuggling 

was established. Several joint meetings took place in Kuršumlija and Priština and 

several coordinated activities were organized. A joint conclusion was that the situation 

considerably improved in the area of combating human trafficking and people smuggling. 

§ 918. After that, bilateral cooperation continued at certain pace, which certainly left 

room for permanent improvement. Among other things, in the course of the past few 

years, data and information pertaining to persons involved in bringing, engaging and the 

sale of the nationals of East European countries in Serbia and pertaining to persons who 

recruit and organize transfer of girls from Serbia to Western European countries have 

been exchanged through the National Central Bureau of Interpol in Belgrade with the 

police of other countries. Generally speaking, in the last few years, Serbian Ministry of the 

Interior participated in all international police actions organized in our region. 

§ 919. The improvement of the police work in the Republic of Serbia has been contributed 

by foreign governments and international organizations. Thus, for example, the donation 

by the Norwegian Government in the amount of EUR 60,000 was realized through OSCE, 

while US State Department donation in the amount of USD 110,000 was realized through 

SECI Center Bucharest and FBI delegate in Belgrade. With IOM’s support and within 

regional project of approving temporary residence permits to the victims of trafficking, 

the Belgrade Police Department - Alien Department received a donation in the amount 

320


of EUR 20,000 intended for equipping services which participate in issuing humanitarian 

residence to victims of trafficking. 

§ 920. Joint police actions, especially “Mirage” and “Leda”, had an important role in the 

establishment of police cooperation. These actions were coordinated by SECI Center 

for Combating Cross Border Crime in Bucharest. Namely, in May 1999, Albania, Bosnia 

and Herzegovina, Bulgaria, Greece, Hungary, Macedonia, Moldova, Romania and Turkey 

signed the agreement on cooperation in combating and eliminating cross-border crime 

- SECI 538 . Croatia joined this agreement in November 1999 and Slovenia in August 2000. 

SECI Agreement came into force in February 2000, while SECI became operational in 

November 2000. Serbia (then FRY) officially became the member of the Regional Center 

by the decision of the Federal Government of 23 August 2001. 

§ 921. In late July 2002, a joint regional police action was carried out aimed at combating 

human trafficking, organized and coordinated by Regional Task Force (RTF), based on the 

Agreement of Ministers of the Interior of Bosnia and Herzegovina, Croatia and FRY signed 

in 2002. Also, within regional police cooperation, on 7-16 September 2002, the Ministry 

of the Interior of the Republic of Serbia carried out an action called “Mirage”. It was aimed 

at preventing people smuggling and human trafficking, especially trafficking in women 

and children for prostitution or other illegal activities. 

§ 922. In continuation of regional cooperation within the “Mirage” action of 2002, SECI 

Center organized the action “Mirage 2003” with the same goals as one year earlier. The 

action was carried out in two phases, on 1-5 September and on 15-19 September 2003, 

on which occasion 1,869 night clubs, restaurants and other places where prostitution 

was taking place and where trafficked victims could have been found were checked and 

784 females were identified (592 SCG, 103 Romania, 27 Bulgaria, 8 Russia, 9 Moldova, 8 

Ukraine, 8 Austria, etc.). 

§ 923. On 5-12 May 2003, in the territory under the jurisdiction of the Novi Sad, Pančevo 

and Vranje Police Departments, operation “Leda” was carried out exclusively dedicated 

to the suppression of human trafficking. This was the first operation at European level; 

it was carried out through a coordinated action of Interpol and the Ministries of the 

Interior of the EU and SECI member states. Checks were done in hotels, motels, night 

bars, establishments known as the meeting places of foreign nationals and other persons 

involved in human trafficking, including routes used for the transportation of trafficked 

persons. In the territories under the jurisdiction of the Novi Sad, Pančevo and Vranje Police 

Departments the following results were achieved: 63 persons (44 SCG nationals and 19 

foreigners) were questioned in detail, for whom there were indications that they might be 

the victims of trafficking. Two criminal reports against three persons were filed for human 

trafficking and mediation in conducting prostitution. States-participants presented the 

results achieved during police action “Leda” action at the final meeting in Athens. 

538 

http://www.secicenter.org/p193/ 


ARTICLE 10 

§ 924. Between 28 May and 6 June 2004, the Ministry of the Interior of Serbia carried out 

action “Mirage 2004” aimed at regional fight against human trafficking and discovering 

victims, which SECI Center initiated and coordinated in 12 countries. During this action, 

1,473 establishments (night clubs, bars, etc.) and the identity of 1,078 persons were 

checked, on which occasion three Romanian nationals and two SCG nationals were found 

and as potential trafficked victims accommodated in the shelter for trafficked victims. 

§ 925. Although NGO representatives objected that a very small number of victims 

had been identified in these actions and that they actually had served for “practicing 

cooperation” as a part of a regional project, these actions had significant general 

prevention impact 539 on potential perpetrators. They were significant also with regard 

to the prevention of individual trafficking cases which must be preceded by timely 

identification of routes, perpetrators, transit points, all of these with a view to identifying 

victims before they reach exploitation phase. 

The example of one such police action is the case of two Ukrainian citizens, which had 

its epilogue on 30 September 2005 before the Special Department for Organized Crime 

of the Belgrade District Court, when the panel composed of judges Dičić, Albijanić and 

Tatalović announced their judgment for the offence of human trafficking from Article 

111b, Paragraph 2 in connection with Paragraph 1 of the Criminal Law of Serbia and 

sentenced the perpetrators to the prison term of between three and eight years. 

The trial was proceeded by a successful action of the Ministry of the Interior and the 

Organized Crime Directorate. Thanks to cooperation with the police of other countries 

and using new police techniques, they managed to stop the transit of Ukrainian citizens 

to Italy before their exploitation started. 


§ 926. In addition, there is also an example of police cooperation which was not directly 

coordinated by SECI Center. Namely, within action “Saber” in 2003, the Belgrade Police 

Department arrested Milivoje Zarubica, head of the criminal group in the chain of human 

trafficking, with its base both in neighboring countries where foreign nationals were most 

often recruited, and in Western Europe countries, which were their final destination. 

Criminal report against Milivoje Zarubica included 16 persons charged with various 

offences in connection with human trafficking. 

§ 927. However, the initial enthusiasm and good cooperation with SECI Center have 

not maintained the same intensity to date. Joint activities aimed at combating human 

trafficking, similar to these first ones, have not been organized any longer. 

§ 928. Besides cooperation within SECI Center, other agreements which regulated 

539 

PRAZAN I OVDE I U PDFu. srpski kaže “Naravno, polazimo od pretpostavke da tokom racija nije dolazilo do prekomerne upotrebe sile, o čemu 

nemamo podatke.” 

322


international police cooperation were signed during the period covered by this Report, as 

well. One of the most important events was certainly the signing of the Police Cooperation 

Convention for Southeast Europe. 540 This Convention was signed on 5 May 2006 in Vienna. 

The signatories are the then State Union Serbia and Montenegro (whose legal successor is 

Serbia), Bosnia and Herzegovina, Albania, Macedonia, Moldova and Romania. Serbia ratified 

the Convention on 23 July 2007 541 This Convention envisages the provision of cross-border 

police cooperation and the exchange of experts, crossing to another’s territory, the exchange 

of data and mixed border control. Moreover, the Convention provides for the exchange of 

police information and liaison officers, as well as cooperation in witness protection. State 

parties shall enhance their cooperation in fighting threats to public security and/or peace, 

and in preventing, discovering and police investigation of criminal offences. 

§ 929. Of great importance for police cooperation, and law enforcement cooperation in 

general, are bilateral and multilateral agreements between countries 542 . Thus, for example, 

the Agreement on Fight against Organized Crime was signed with Hungary, Slovenia 

and Croatia on 8 May 2002. Further, the Agreement of Governmental Cooperation of 

Serbia and Romania in combating organized crime, drugs trafficking and international 

terrorism 543 was signed at an informal conference of Interior Ministers of SEE countries in 

Bucharest on 5 July 2007. Serbia has also signed a bilateral treaty on combating organized 

crime with Slovenia 544 , as well as other treaties. During 2009 Agreement on Strategic 

Cooperation between Republic of Serbia and European Police Office 545 was signed and 

ratified. Other important bilateral agreements on police cooperation were also signed, for 

example with France, Switzerland and Israel during 2009. 

Yugoslavia and Croatia signed an agreement on fight against organized crime BELGRADE— 

Interior Ministers of Yugoslavia and Croatia signed in Belgrade on 8 May an agreement on 

cooperation in fight against organized crime. The two Ministries will cooperate by exchanging 

information on illegal drugs trafficking, terrorism and other cross-border criminal activities. 

Interior Ministers also proposed the introduction of a more liberal visa regime that would 

include tourist passes. Croatian-Yugoslav relations have registered significant progress 

lately, after serious deterioration during the war in Croatia at the beginning of the 1990s. 

9 May 2002 

http://www.setimes.com/cocoon/setimes/xhtml/sr_Latn/features/setimes/ 

newsbriefs/2002/05/020509-GEORGI-014 

540 

http://www.parlament.gov.rs/content/lat/akta/akta_detalji.asp?Id=412&t=Z# 

541 


542 

http://www.mfa.gov.rs/Srpski/Foreinframe.htm 

543 

Source: http://www.mfa.gov.rs/Srpski/Bilteni/Srpski/b060707_s.html 

544 

The Law ratifying Agreement between the Federal Government of the Federal Republic of Yugoslavia and the Government of the Republic of 

Slovenia on Cooperation in Fight against Organized Crime, Traffic in Illegal Narcotics and Psychotropic Substances, Terrorism and Other Graver 

Criminal Offences, Official Journal of FRY - International Treaties, no.4/2001. 

545 



ARTICLE 10 

§ 930. Police cooperation in connection with the examination of validity of documents 

is conditioned by the very nature of their work. Border police officers are in contact on a 

daily basis, especially if they suspect in the validity of a travel document or with regard 

to fight against transnational crime or the identification of victims. In presentations they 

make at various training seminars, the representatives of the police stress that in case of 

suspicion, potential victims are returned to the authorities of the neighboring country, 

who are notified what arouse suspicion in human trafficking 546 . Daily contacts also exist 

for the purpose of implementing measures related to missing persons. More specifically, 

the police is authorized to conduct a search for persons and objects based on the Police 

Act 547 . Search for missing persons is announced by a search announcement. 

The Ministers of SEE countries agreed to enhance cooperation against organized crime 

and human trafficking 

ATHENS, Greece - The Ministers of the Interior and Justice of ten SEE countries agreed on 

Wednesday (8 February) to enhance cooperation in fight against organized crime, human 

trafficking and terrorism. Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Greece, 

Macedonia, Moldova, Romania, Serbia and Montenegro and Turkey will adjust their 

legislation to comply with EU and Council of Europe’s standards. Ministers also agreed 

that the task forces of prosecutors and police officers who investigated organized crime 

should be established at national and regional level. 

During the forum, B&H and Greece concluded bilateral agreements on readmission and 

joint fight against crime. Moreover, Albania and Serbia and Montenegro signed a bilateral 

agreement on judicial cooperation. 

9 February 2006 

http://www.setimes.com/cocoon/setimes/xhtml/sr_Latn/features/setimes/ 

newsbriefs/2006/02/09/nb-03 

§ 931. An initiative with a great potential is MARRI 548 - Migration, Asylum, Refugees Regional 

Initiative of the Stability Pact. MARRI Initiative emerged in 2003 by merging the Regional 

Return Initiative (RRI) and the Migration and Asylum Initiative (MAI), both of which were 

created within the Stability Pact for South Eastern Europe. Participating states of this 

initiative are Albania, Bosnia and Herzegovina, Croatia, Montenegro, Macedonia and Serbia. 

The overall idea of MARRI was that the Western Balkan countries take ownership of the 

initiatives within the regional cooperation in order to prove the capability of the countries 

in the region to cooperate on their own, to align their own policies and to contribute to the 

development, stabilization and improvement of the situation in the region. 

546 

ASTRA does not have information on the exact number of these interventions. 

547 


548 

http://www.mfa.gov.rs/Srpski/spopol/Multilaterala/reg/index_s.html. For details about this regional initiative, please visit its official website 

www.marri-rc.org 

324


§ 932. MARRI Regional Forum provides political support to the Initiative. It comprises 

Ministers and High Representatives in charge of the issues of asylum, migrations, border 

management, visa regime and return of displaced persons. The Forum serves for the 

exchange of information and experiences and for making decisions of common interest 

of participating countries. 

§ 933. The MARRI Regional Centre was opened in Skopje on 18 November 2004 to 

serve as a secretariat to the MARRI Regional Forum. The representatives of Western 

Balkan countries participate in the work of the Center. At the beginning of July 2004, 

a Memorandum of Understanding was signed in Skopje on the occasion of establishing 

the MARRI Center. In this way MARRI Forum Member States have undertaken rights and 

obligations for the establishment and work of the Center. The Center is envisaged to serve 

as a liaison office for the fields of migrations, asylum and refugees. Data from these fields 

are collected and kept here; in addition, the Center serves for liaisoning with Presidency 

of the Regional Forum and MARRI Member States. 

§ 934. With regard to cooperation of judicial authorities, according to the Criminal 

Procedure Act, domestic courts shall provide international legal assistance and execute 

international treaties in criminal justice matters. International cooperation shall be 

provided according to the provisions of an international treaty or under the provisions 

of the Criminal Procedure Act 549 if such treaty does not exist or if certain issues are not 

regulated by the treaty. The Criminal Procedure Act, for example, lists that international 

legal cooperation includes special execution of some procedural actions, such as the 

examination of defendant, witness, expert witness, investigation, the searching of 

dwellings and persons, the seizure of objects, the handing over of files, written materials 

and other objects pertaining to the criminal proceedings in the requesting country. 

Domestic courts and public prosecutor’s offices may ask for international cooperation 

through the Ministry of Justice, and in emergency cases, when there is reciprocity with 

the country from which cooperation is requested, through the Ministry of Foreign 

Affairs. Domestic courts do the requested actions applying domestic procedural rules. 

The Serbian legislation provides for the possibility that prosecution may be left to a 

foreign country if the offence has been committed in Serbia by a foreign national who has 

residence in that foreign country if the foreign country does not object. This is possible 

providing that criminal offences for which sentence is set at up to ten years in prison or 

traffic offences are concerned. This particularly means that the prosecution of human 

trafficking as specified in Article 388, Paragraph 1 and 2 of the Criminal Code may be left 

to a foreign country. However, if the victim is a domestic national, this is not possible if 

such victim objects, unless guarantees have been given for the acceptance of motion for 

the compensation of damages. 

549 

Criminal Procedure Act, Official Journal of FRY, no. 70/2001 and 68/2002; Official Gazette of RS, no. 58/2004, 85/2005, 115/2005, 85/2005 – 

other law, 49/2007, 20/2009 – other law, 72/2009 and 76/2010. 


ARTICLE 10 

In 2005, proceedings for the criminal offence of human trafficking committed against 

ASTRA’s client who, at the time of the offence was 15 years old, was started before 

the Sremska Mitrovica District Court. She gave her statement in May 2005 and March 

2006. After her last appearance before the court, two foreign witnesses were questioned. 

Before rendering the judgment, the court was waiting only for the original passports of 

the trafficker and the victim to be sent from Germany, passports which the traffickers 

obtained for the two of them to cross international borders on their way to the destination 

country. These documents should have been sent by official diplomatic channels, through 

embassies and Justice Ministries. However, after almost two years, the judge has not 

received these passports, for which reason the entire case is on halt. 

At the same time, making use of this situation, the trafficker started paternity procedure 

for the child born in the period when the victim was exposed to exploitation, in order to 

be able to require custody of that child later. The judgment, i.e. conviction in the case 

of human trafficking offence would have great impact on the outcome of paternity, i.e. 

custody procedure. 

In the meantime, ASTRA’s client and her five-year old daughter are permanently exposed 

to his threats and are forced to be on their guard all the time and in fear that these threats 

could be realized. 


§ 935. With regard to judicial cooperation in connection with the protection of victims/ 

witnesses, until 2006, our legislation did not envisage any special witness protection 

programs. Special protection could have been provided to witnesses and victims pursuant 

to the provisions of Article 109 of the Criminal Procedure Act 550 , according to which the 

court shall protect the witness/victim from offence, threat and any other assault, i.e. upon 

the proposal of investigating judge or the presiding judge of the panel, the president of 

the court or public prosecutor may require from the police to take special measures to 

protect the witness/victim. 

In that respect, in cooperation with SECI Center Bucharest and the Moldova police, the 

visit of witnesses from Moldova was organized, including their protection during their 

staying and testifying in Belgrade. 

ASTRA Database no. 1826 

Before the same court, another case of human trafficking was prequalified into illegal 

crossing of state border., where the main organizer of the smuggling of Pakistani nationals 

was sentenced to four years in prison. One of the girls who testified in this case had to 

be displaced from the town where she lived with her family because her testifying put 

550 

Ibid. 

326


her in danger. Only thanks to the remarkable effort of the Deputy Public Prosecutor in 

this case, who managed, in communication with third country, to ensure place in that 

country’s witness protection program, the girl was timely relocated, in which way more 

serious consequences have probably been avoided. After this case, no witness/victim who 

appeared in human trafficking trials got this kind of protection. 

ASTRA Database no. 416 

§ 936. According to the Serbian legal system, international cooperation in the field of 

organized crime is to be implemented according to the ratified international treaties 

or domestic laws. For example, the 2005 Law on the Protection Program for Persons 

Participating (Witness Protection Act) in the Criminal Proceedings envisages that the 

international cooperation in implementing this act shall be afforded upon international 

treaties or memorandums of cooperation (see Article 39). The Witness Protection Act 

anticipates a possibility to organize a protection program for persons involved in criminal 

proceedings and their families who, because of testifying or providing information 

of significance for criminal proceedings, are put at risk for their life, health, physical 

integrity, freedom or property. The protection may be provided not only during criminal 

proceedings, but also after its final closure, for all criminal offences qualified as organized 

crime. It is carried out by a specially formed Committee for implementing the protection 

program and the Protection Unit. According to this Act, international cooperation is also 

possible in the implementation of protection program, based on international agreement 

or reciprocity. The protected person may be accepted and protected in Serbia upon the 

request of a foreign country in the same way as the Protection Unit may file a petition to 

a foreign country to accept the protected person. 

§ 937. A good example of cooperation and networking may be the Special Department for 

War Crimes of the Belgrade District Court, which has established excellent cooperation 

with governmental and nongovernmental organizations both in Serbia and aboard, with 

whom it is in permanent communication aimed at the exchange of information and 

successful solving of cases in the war crimes area. 

§ 938. In order to facilitate the international cooperation the Law on International Legal 

in Criminal Matters entrusted certain parts of work such as execution of the decision on 

extradition to the ministry in charge for internal affairs. 551 

§ 939. When cooperation in judiciary is concerned it is important to mention two 

agreements signed during 2010. Agreement on extradition between Republic of Croatia 

and Republic of Serbia 552 as well as the Agreement on extradition between Republic 

of Serbia and Republic of Montenegro 553 . The Law says that state parties, wishing to 

551 

See Art. 37 of this Law. 

552 

Law on ratification of the Agreement on extradition between Republic of Serbia and Republic of Croatia, Official Gazette of RS. – International 

Treaties, no. 13/2010. 

553 

Law on ratification of the Agreement on extradition between Republic of Serbia and Republic of Montenegro, Official Gazette of RS – International 


ARTICLE 10 

strengthen further cooperation in the field of legal aid in criminal matters, and especially 

aiming to regulate cooperation regarding extradition of the accused and convicted persons 

and by this facilitate mutual legal traffic in this field, agreed to conclude this Agreement. 

III.7.2. Education of the professionals 

§ 940. After the establishment first of the Yugoslav and than the National Team for 

Combating Human Trafficking, in the course of 2002, first training programs were 

organized for the representatives of institutions, above all the police, on trafficking in 

human beings. After that, training programs were organized for staff in social services, 

education and the judiciary. 

III.7.2.1. Law Enforcement Training 

§ 941. An important segment in fight against human trafficking is the education of the 

police. To that end, international organizations (OSCE, IOM, UNDP, ICMPD etc.), often in 

cooperation with local NGOs (ASTRA, Belgrade Center For Human Rights, Beosupport, 

Atin etc.) have carried out seminars, lectures and training courses 554 . 

§ 942. In addition to the education of regular police officers, special programs were 

organized for the students of the Police College 555 and the Police Academy 556 . 

Convention on the Elimination of All Forms of Discrimination against Women 

Distr.: General 

17 October 2006 

Original: English 

CEDAW/C/SCG/1 

06-58482 35 

Committee on the Elimination of Discrimination against Women Consideration of reports 

submitted by States parties under article 18 of the Convention on the Elimination of All 

Forms of Discrimination against Women Initial report of States parties 

Serbia* 

189. Special attention has been devoted to the training of members of the MUP RS and 

to their inclusion into integrative European and world police processes. The participation 

of representatives of the MUP RS at the meetings with senior representatives of OSCE 

Treaties, no. 1/2010. 

554 

For example, in the organization of OSCE Mission to Serbia, a series of trainings was organized for the representatives of special police forces for 

combating human trafficking on the basis of ICMPD Manual. The training for the first group of police officers was held in June and for the second 

group in October 2004, involving 114 police officers from 14 towns throughout Serbia. The training was based on ICMPD module, while the 

lecturers were the representatives of ASTRA, UBPOK, Department for Aliens, the Agency for Coordination of Protection of Trafficking Victims. 

In 2006, OSCE Mission to Serbia and Montenegro organized a training “Simulation of a Trafficking Case in the Field for Police Officers” aimed at 

achieving more efficient police investigation in human trafficking cases etc. 

555 

ASTRA has built cooperation with the Police College, where ASTRA Team held a series of lectures on the problem of human trafficking and the role 

of NGOs in its elimination. These lectures were attended by more than 300 students. 

556 

These two institutions have been integrated into the Academy for Criminalistic and Police Studies. 

328


and UNICEF devoted to trafficking in human beings was marked. At these meetings the 

Yugoslav model of the fight against trade in people was commended. It was pointed out 

that the OSCE will use this comprehensive way of organization and functioning of the 

MUP RS as a good model that should be applied in all South Eastern European countries. 

The members of the border police force took part in the projects of the International 

Organization for Migration (IOM) related to illegal migrations, human trafficking and 

reception centers for victims of traffickers. 

III.7.2.2. Judicial Trainings 

§ 943. Besides the trainings for police officers, several trainings and seminars have 

been organized for the judiciary. The significance of specialization and special training 

for persons who would conduct proceedings in human trafficking cases was observed 

immediately after the signing of the Organized Crime Protocol, that is, much earlier than 

human trafficking was introduced in our criminal legislation as a criminal offence. NGOs 

had a pioneer role in this job, organizing trainings for police officers. Since 2002, a great 

number of judges and prosecutors have been trained to proceed in human trafficking 

cases. International organizations supported these training. 

§ 944. In October 2004, the convention of magistrates of the Republic of Serbia was 

held in Kopaonik. Some 500 magistrates (petty offence judges) from throughout Serbia 

attended this event. One of the topics discussed was the problem of human trafficking. 

This was another in the series of educational activities, after trainings that were held 

Belgrade in June and September and two trainings in Zrenjanin in August the same year. 

Within the same project, a manual on human trafficking for magistrates was drawn in 

Serbian and English language. These activities were carried out by the Association of 

Magistrates of the Republic of Serbia in cooperation with ABA CEELI. In addition, in 

December 2004, a training was organized for the judiciary and police addressing human 

trafficking, on which occasion the results of the project for the education of magistrates 

were presented. In February 2006, basic training “How to Recognize Trafficked Victims, 

People Smuggling and Petty Offence Legislation” was held in Morović for municipal 

magistrates, NGOs, the police, health institutions and the media. This training was also 

organized by the Association of Magistrates of the Republic of Serbia, with support of 

ABA CELLI. OSCE Mission to Serbia has played an important role in the area of specialized 

education of the police and judiciary. 

§ 945. During 2005, 2006 and 2007, within the project “Efficiency Improvement of 

the Judiciary and Police in Combating Human Trafficking”, the Judges’ Association 

of Serbia, with support of OSCE Mission to Serbia, carried out 20 trainings targeting 

judges, prosecutors and law enforcement. The lecturers were professionals from the 

Serbian Interior Ministry, the Police College and the judiciary. During 2009 and 2010, the 


ARTICLE 10 

section for Criminal Law of the Judges’ Association of Serbia has carried out a total of 22 

trainings on the territory of the Republic of Serbia, within the project “Initiative Against 

Trafficking in Women and Girls in Southeast Europe”, and with the financial support of 

OSCE Mission to Serbia and Austrian Development Agency – ADA. Over 500 members 

of the judiciary and the police participated in these activities of the Judges’ Association 

of Serbia. Trainers at these training seminars were judges, prosecutors and police officers, 

who have experience in prosecuting trafficking offences. 

§ 946. Moreover, during 2010, within the project “Fight Against Human Trafficking, 

Strengthening of the Role of Public Prosecutor and Improvement of Human Rights of 

Trafficked Persons”, carried out by the Association of Public Prosecutor and Deputy Public 

Prosecutors of Serbia in collaboration with OSCE Mission to Serbia, a conference was held 

in Belgrade, as well as seven roundtable discussions throughout Serbia. 

§ 947. The Juvenile Offenders and Juvenile Justice Act envisages special training for 

judges, prosecutors and police officers. The Act specifies that the training shall be done 

by the Judicial Education Center. Namely, according to the Act, in case where a juvenile 

appears as the victim of a criminal offence, including the situation when a juvenile is 

the victim of human trafficking, the presiding judge of the panel, public prosecutor, the 

lawyer appointed to the juvenile, as well as the chosen authorized representative and 

police officers, need to possess specialized knowledge in the area of children’s rights and 

criminal justice protection of minors. 

III.7.2.3. Trainings for Peacekeeping Officers 

§ 948. In conclusion, we would like to mention trainings for peacekeeping officers that 

were organized for the first time in Serbia in 2006. Namely, in October 2006, at the 

Peacekeeping Operation Center (PKOC) in Belgrade, a three-week course was organized 

for military observers as a part of the Nordic Initiative, which is aimed at helping countries 

in successful implementation of reforms in the security sector. This was one of the first 

trainings intended for peacekeeping forces. Attendants were the officers from five partner 

countries of the Nordic Initiative: Albania, Bosnia and Herzegovina, Croatia, Macedonia and 

Serbia and Montenegro. The course sought to prepare officers for military observers in all 

peacekeeping missions, especially in current UN operations. One of the topics discussed 

at the course was fight against human trafficking with lectures being given by ASTRA 

representative. The course was organized by the Finnish Defense Forces International 

Center (FINCENT) in cooperation with the Peacekeeping Operation Center of the Armed 

Forces of Serbia and Montenegro and with the support of the Finnish Ministry of Foreign 

Affairs and Ministry of Defense. 

§ 949. In the next two years, international courses for civil-military cooperation at tactical 

level (CIMIC) were organized at the Peacekeeping Operation Center in Belgrade. These 

330


courses were also organized within NORDCAPS - Nordic Coordinated Arrangement for 

Military Peace Support and in cooperation with Danish Army Logistics School. ASTRA 

representative held lectures about human trafficking at both of these trainings. 

III.7.2.4. Other Trainings 

§ 950. Although Article 10 of the Protocol and Article 29 (3) of the CoE Convention 

are focused on law enforcement training, it is important to mention that during the 

period covered by this Report, numerous intersectoral trainings were organized, with the 

participation of not only the police and the judiciary, but also the representatives of the 

Ministry of Labor, Employment and Social Policy, the Ministry of Health, the Ministry of 

Education etc. Here too, the majority of education sessions was organized and carried out by 

international (OSCE, IOM, Red Cross) and nongovernmental organizations (ASTRA, Child 

Rights Center, Victimology Society of Serbia, Beosupport, etc.). These programs mostly 

focused on cooperation and developing procedures in victim assistance mechanisms. 

§ 951. As we already mentioned in the analysis of Article 9 of the Protocol and Article 5 of 

the CoE Convention, the Ministry of Labor, Employment and Social Policy held a series of 

trainings on fighting human trafficking for social welfare professionals. Lecturers at these 

seminars were the representatives of institutions, NGOs and international organizations. 

In the course of 2003, four educational seminars were organized, which covered 46 social 

welfare center (director and one social worker from each center), all shelters for children 

without parental care and Belgrade-based Institute for Upbringing of Children and Youth, 

with an aim to make them acquainted with the problem of human trafficking. With USAID’s 

support, the same Ministry organized another four seminars for social welfare professionals in 

2004. Training programs for social welfare professionals were not organized at all for several 

years. Since 2007, NGO Atina, with OSCE’s support, has organized several roundtables and 

seminars for this target group. In June 2010, ASTRA’s program “Support to Trafficking Victims 

in the Social Welfare System – Detection, Needs Assessment and Planning of Support” was 

accredited by the Republican Institute for Social Protection as the optional professional 

development program. Trainings are being carried out in the whole territory of Serbia. 

§ 952. Here we should add that certain activities in the area of prevention and education 

have been carried out by numerous other organizations, both international such as 

UNHCR and local NGOs, such as Velika Plana-based Women in Action, Human Rights 

Committee Vranje, Center for Girls Užice, Group 484 and others. 

§ 953. As shown in the above paragraphs, the majority of trainings and education activities 

were organized by international and nongovernmental organizations with financial 

support of foreign governments or donor organizations. Although the government did not 

fund these activities, political will for the presence of the representatives of institutions 

existed over a long period of time. 


ARTICLE 10 

§ 954. One objection that can be made is that most often persons in charge in institutions 

send the same persons to trainings. Although it is said that great number of police officers 

have taken part in various anti-trafficking education programs, in reality it is most often 

much smaller circle of people who attended more than one program. The organizers of 

these events also failed to follow the structure of participants through several cycles of 

trainings. Consequently, on more than one occasion, highly educated representatives of 

one institutions were sent to attend basic trainings several times. 

§ 955. Besides obviously poor coordination of these programs, in some cases they were 

not adjusted to local needs. Namely, the manuals or parts of the manuals published 

around the works were translated, which in some segments did not correspond to the 

situation in Serbia. Discussing migrations’ control, in 2004 Barbara Limanowska 557 , said 

“Special training for border police is very popular in South Eastern Europe. Training courses 

generally provide information about trafficking and sensitizes law enforcement agencies 

to the needs and rights of victims. However, few training sessions address the issue of 

how to recognise victims before they themselves know that they have been trafficked”. 

The question remains to what extent modules for the education of professionals from 

different institutions have developed in the meantime, i.e. how much progress has been 

made from initially designed trainings, where the participants were mostly informed 

about the existence of human trafficking. A need for further specialization is evident, 

because it is a prerequisite for more rapid and more adequate response to human 

trafficking, whose manifestations have become increasingly complex, especially in terms 

of permanent changes in traffickers’ modus operandi. 

§ 956. In conclusion, in practice we have seen programs that neglected the existence 

of relevant mechanisms in Serbia, the existing practice and what had been done thus 

far. This was especially noticeable in case of various international organizations, which 

appeared ad hoc in Serbia and tried to impose their programs. 

III.7.3. Cooperation with the Nongovernmental Organizations 

§ 957. Current Law on Association 558 was passed in August 2009. Until that moment, the 

work of nongovernmental organizations was governed by the Law on the Association of 

Citizens into Associations, Social and Political Organizations Established in the Territory 

of the Socialist Federative Republic of Yugoslavia 559 , which outlived for nearly twenty 

years the state mentioned in its title. This very fact speaks enough of how the Republic of 

Serbia treats the work and resources of its civil society sector. 

§ 958. It was NGOs that launched the first anti-trafficking activities in Serbia in the 

557 

Limanowska, B., Trafficking in Human Beings in South Eastern Europe 2004 - Focus in Prevention in Albania, Bosnia and Herzegovina, Bulgaria, 

Croatia, the Former Yugoslav Republic of Macedonia, Moldova, Romania, Serbia and Montenegro, The UN Administered Province of Kosovo, UNICEF, 

UNOHCHR, OSCE/ODHIR, 2004, page. 22-23. 

558 


559 

Official Journal of SFRY, no. 42/90 and Official Journal of FRY no. 16/93, 31/93, 41/93, 50/93, 24/94, 28/96 i 73/2000 – other law. 

332


late 1990s and, together with international organizations and bodies, put pressure on 

the state to start building adequate anti-trafficking response. After 2001, following the 

democratic changes in Serbia, the first multi-sectoral bodies were formed, above all the 

National Team for Combating Human Trafficking that has been mentioned ever since as an 

example of good practice in cooperation between governmental institutions and NGOs. 

§ 959. Cooperation between government institutions and NGOs in the area of 

combating human trafficking has gone through different phases. Cooperation exists up 

to a certain extent, especially in regards to either declarative or actual involvement of 

NGOs in the design of strategic, operating or other documents 560 or the implementation 

of educational and preventive activities. Since NGOs have initiated and organized the 

majority of preventive and educational activities in Serbia, cooperation in this field means 

that the representatives of government institutions readily join these activities, i.e. attend 

trainings and seminars as either participants or lecturers. 

§ 960. First trainings for police officers, judges, prosecutors, social workers, journalists, 

medical doctors etc. on the different aspects of human trafficking of relevance for specific 

groups were delivered by or in cooperation with NGOs. The state has recognized the 

significance of NGOs’ role in this area by giving the possibility of accreditation of their 

trainings within the existing professional development programs. Although it was not 

easy at first to tackle prejudice towards NGOs, since 2007 ASTRA has been successfully 

applying at the Institute for the Advancement of Education and Upbringing for annual 

accreditation of its seminar “Human (Child) Trafficking – Prevention and Education” 

intended for teachers. Moreover, since 2010, two specialized programs addressing the 

problem of trafficking in human beings have been developed by the NGOs and accredited 

within the Program of Measures and Activities for Continuous Professional Training of the 

Professionals Working in the Institutions of Social Protection 561 : “Support to the Victims of 

Human Trafficking within the System of Social Protection: Discovering, Needs Assessment 

and Planning of Support” by ASTRA and “Identification, Assistance and Protection of Male 

Victims of Trafficking in Human Beings” by NGO Victimology Society of Serbia. 

§ 961. The existing forms of cooperation between NGOs and government institutions are 

not formalized. Although the National Team for Combating Human Trafficking exists for 

nearly ten years, there are no formal documents that would define its mandate, roles and 

responsibilities or the roles and responsibilities of its members. 

§ 962. In 2005, the Agency for Coordination of Protection of Trafficking Victims signed 

Memorandums of Understanding with NGOs that were providing direct assistance to 

trafficking victims at that time (ASTRA, Atina and Counseling Center against Family 

Violence). These memorandums are bilateral, of internal nature and to our knowledge 

560 

According to ASTRA’s experience, for example, NGOs were actively involved in the creation of the NAP for the Implementation of the Strategy 

to Combat Trafficking in Human Beings, while in adopting the Strategy itself, the draft made with the participation of NGOs was not taken into 

consideration at all, but a completely different text was adopted. 

561 

Republican Institute for Social Protection. 


ARTICLE 11 

all three differ by their content that is known only to the Agency and organizationsignatory. 

There is no standardized form of the Memorandum that would consistently 

define cooperation between the Agency and all the actors whose activities it is supposed 

to coordinate and which would clearly specify responsibilities and scope of work of the 

Agency and nongovernmental organizations it directly cooperates with. Because of the 

lack of transparency in signing these documents, an opportunity was missed to precisely 

define the procedure in the process of identification of and assistance to trafficking victims 

in which all relevant civil society organizations would be included. Only in that context, 

memorandums could be expected to reach their goal, i.e. to be tools for strengthening 

protection and assistance mechanism. 

§ 963. As far as specialized direct victim assistance in Serbia is concerned, the state 

fully relies on NGOs’ expertise and resources. Still, according to ASTRA’s experience, 

cooperation is the weakest in this area, i.e. the consequences of inexistence of defined 

roles and responsibilities and formalized cooperation are the most visible. This especially 

refers to the police, which have a major role in the anti-trafficking field in the practice of 

the Republic of Serbia 562 . ASTRA is faced with enormous difficulties in particular when it 

is necessary to obtain official feedback information on the cases which ASTRA reported 

on behalf of its clients, although police officers are generally ready to share information 

informally. It often seems as if they see support which NGOs provide to trafficking 

victims as an obstruction of their work. Illustrative of the tension and gap that sometimes 

appears between prosecuting the criminals and victim assistance is that on more than one 

occasion police brought up the possibility of prosecution for the failure to report criminal 

offence of NGO representatives who do not put pressure on victims to report their case 

to the police. 

§ 964. Currently, direct assistance to trafficking victims is provided by two NGOs – ASTRA 

and Atina, primarily thanks to financial support from foreign donors. 

562 

Ministry of the Interior’s Border Police Directorate and local police teams for combating illegal migrations and trafficking in human beings which 

should exist in every police administration. 

334



Women and Children, Article 11 – Border Measures 

CoE Convention on Action against Trafficking in Human Beings, Article 7 - Border 

Measures 


Article 11 

Border measures 

1. Without prejudice to international commitments in relation to the free movement of 

people, States Parties shall strengthen, to the extent possible, such border controls as may 

be necessary to prevent and detect trafficking in persons. 

2. Each State Party shall adopt legislative or other appropriate measures to prevent, to the 

extent possible, means of transport operated by commercial carriers from being used in 

the commission of offences established in accordance with article 5 of this Protocol. 

3. Where appropriate, and without prejudice to applicable international conventions, such 

measures shall include establishing the obligation of commercial carriers, including any 

transportation company or the owner or operator of any means of transport, to ascertain that all 

passengers are in possession of the travel documents required for entry into the receiving State. 

4. Each State Party shall take the necessary measures, in accordance with its domestic law, 

to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of 

this article. 

5. Each State Party shall consider taking measures that permit, in accordance with its domestic 

law, the denial of entry or revocation of visas of persons implicated in the commission of 

offences established in accordance with this Protocol. 

6. Without prejudice to article 27 of the Convention, States Parties shall consider 

strengthening cooperation among border control agencies by, inter alia, establishing and 

maintaining direct channels of communication. 

CoE 

Article 7 

Border measures 

1. Without prejudice to international commitments in relation to the free movement of 

persons, Parties shall strengthen, to the extent possible, such border controls as may be 

necessary to prevent and detect trafficking in human beings. 

2. Each Party shall adopt legislative or other appropriate measures to prevent, to the extent 

possible, means of transport operated by commercial carriers from being used in the 

commission of offences established in accordance with this Convention. 


ARTICLE 11 

3. Where appropriate, and without prejudice to applicable international conventions, such 

measures shall include establishing the obligation of commercial carriers, including any 

transportation company or the owner or operator of any means of transport, to ascertain 

that all passengers are in possession of the travel documents required for entry into the 

receiving State. 

4. Each Party shall take the necessary measures, in accordance with its internal law, to provide 

for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article. 

5. Each Party shall adopt such legislative or other measures as may be necessary to permit, 

in accordance with its internal law, the denial of entry or revocation of visas of persons 

implicated in the commission of offences established in accordance with this Convention. 

6. Parties shall strengthen co-operation among border control agencies by, inter alia, 

establishing and maintaining direct channels of communication. 


§. 965. Article 11 of The Palermo Protocol and Article 7 of the CoE Convention regulate 

issues of strengthening border control in order to prevent human trafficking. Firstly, these 

documents require the State Parties to strengthen border control and adopt measures to 

prevent commercial carriers from being used to commit trafficking offences and require 

commercial transportation carriers to ascertain that all passengers have the required 

travel documents, including sanctions for failure to do so. The first obligation implies 

strengthening cooperation between border control agencies, including the establishment 

of direct channels of communication. As a rule, this will not include legislative measures 

except when it is necessary to emphasize that the agencies concerned have the authority 

to cooperate and to allow the sharing of information which might otherwise be protected 

by confidentiality laws. Secondly, the State Parties have to adopt legislative or other 

measures to prevent (to the extent possible) commercial carriers from being used by 

traffickers. The exact nature of such measures may imply the obligation of cross border 

carriers to check the travel documents of passengers and be subjected to appropriate 

sanctions if that is not done. Note that this would not imply obligation to assess the 

authenticity or validity of the documents or whether they have been validly issued to 

the person who possesses them. As to the nature of liability of the carriers for not having 

checked the documents as required, the nature of such liability is not imposed by the 

Protocol. Yet, if criminal liability is to be provided for, it is suggested that the State Parties 

should consider the liability of legal persons such as corporations. 563 The CoE Convention 

requires that the State Parties consider denying visas to perpetrators of criminal acts 

envisaged by the Convention. 

§ 966. In the Republic of Serbia, the police authorities are responsible to secure and 

control the borders. This was responsibility of the Yugoslav Army until 2005, when the 

563 

See Legislative Guides, supra note 12, p 298. 

336


process of state border demilitarization started. Today, the borders of the Republic of 

Serbia are secured by the Ministry of the Interior, i.e. Border Police Directorate. 

§ 967. The police authorities are empowered to supervise and secure the state borders, to 

control border crossing, implement border regime and determine and resolve all kinds of 

border incidents (Article 10 of the Police Act). 

§ 968. In order to prevent and reveal offenders of criminal acts, the police cooperate with 

all who can provide information and help, including state institutions, local authorities, 

NGOs, civic and minority associations and individuals. In addition, the Police Law regulates 

the issue of international cooperation and establishes that this cooperation will be 

based on reciprocity and implemented in accordance with the international treaties and 

agreements {Article 19 (2) of the Police Law}. Thus, in the course of cooperation, the police 

with its foreign police partners may exchange data and information, implement common 

anti-terrorist measures, measures against organized crime, illegal immigrations or against 

other forms of international criminal activities and border incidents {Article 19 (3) of the 

Police Act}. Finally, the Police Act allows personal data to be shared with a foreign police 

authority or international organization that requests them, according to the established 

principles of international police cooperation {Article 77 (4) of the Police Act}. 

§ 969. Nevertheless, certainly the most important step when fulfilling cooperation 

requirements in the prevention of human trafficking is the Agreement on Strategic 

Cooperation between the Republic of Serbia and the European Police Office, ratified 

in 2009 564 , which regulates issues of exchange of strategic and technical information 

regarding prevention, disclosure, prosecution and investigation of serious forms of 

international crime including human trafficking. 

§ 970. The major legislative requirement set out in Article 11 of the Palermo Protocol 

and Article 7 of the CoE Convention refers to the obligation of State Parties to adopt 

legislative or other measures to prevent, to the extent possible, commercial carriers from 

being used by traffickers. 

§ 971. In this respect, we want to emphasize the following. Firstly, the Law on the Protection 

of State Border 565 adopted in 2008 regulates the issues related to border crossing. This 

Law forbids the captain of a vessel in international transport to embark or disembark from 

the vessel without a valid travel document (Article 41 of the mentioned act). Moreover, 

the captain of a vessel in international transport must submit to the relevant border 

authorities the list of the passengers on board as well as their travel documents (Article 

42, Paragraph 1). After the ship docks into a harbor or a seaport the captain of a vessel is 

liable to report to the Border Police any person in the vessel without a valid document 

for border crossing and persons embarking the vessel without his/her consent. He/she 

also cannot allow such person or the person forbidden to enter the Republic of Serbia 

564 

The Law ratifying the Agreement on Strategic Cooperation between the Republic of Serbia and the European Police Office, Official Gazette of RS, 

no. 38/9. 

565 

Official Gazette of RS, No. 97/08. 


ARTICLE 11 

to disembark to a harbor or a seaport without consent of the Border Police. If not, the 

expenses of stay and banishment of the alien disembarking off the vessel to a harbor or 

a seaport without the Border Police’s consent shall be borne by the captain of the vessel 

(Article 42, Paragraphs 2, 3 and 4). 

§ 972. If the captain fails to fulfill these obligations, he/she will be responsible for a 

misdemeanor and can be punished by imprisonment not exceeding 15 days or fine of 

up to RSD 30,000.00 (approximately EUR 300.00) (Article 66, Paragraph 7). In that 

case the legal person owning the vessel, i.e. the captain of the vessel acting contrary to 

legal provisions on embarking and disembarking of passengers (Article 64, Paragraphs 13 

and 14) bears liability for misdemeanor. Fine for such misdemeanor can amount to RSD 

1,000,000.00 (EUR 10,000.00). 

§ 973. The Aliens Law 566 , adopted in 2008, has significantly regulated international 

liabilities stated herein. In the first place, this Law sets forth issues of aliens entering 

Serbia including reasons for denying aliens to enter the state. We should point out that 

in the last two years Serbia fulfilled to a great extent requirements prescribed by suitable 

EU acquis on immigration policy and border control. By adopting the Aliens Law, Serbia 

has established a visa regime almost identical to the system of Schengen. Types, issuing 

conditions, the procedure and reasons for denying visa requests are identical to Schengen 

standards. Reasons for denying visa requests are (among others): a lack of a valid travel 

document or a visa if needed, as well as a lack of financial means of living needed for a 

temporary residence or transit in the Republic of Serbia (Article 11, Paragraphs 1 and 2, 

Article 21). The alien shall also be denied a visa in case he/she has been registered as a 

perpetrator of international criminal acts (Article 11, Paragraph 7). For that very reason an 

already issued visa can be revoked at the border (Article 21, Paragraph 4). 

§ 974. The Law also stipulates requirements for a carrier. The carrier can drive an alien to 

a border crossing only if there are no lawful impediments for his/her entering the Republic 

of Serbia (Article 22, Paragraph 1). The carrier is to drive the alien away at his/her own 

expense and without delay; if immediate transportation is not possible, he/she bears 

expenses of stay and banishment of the alien who was found to have any impediment 

to enter the country (Article 22, Paragraph 2). This also applies to the carrier who has 

transported an alien into the international transit area of an airport, if another carrier has 

rejected to transport the alien to the country of final destination (Article 22, Paragraph 

3). This Law also stipulates a misdemeanor of a legal person or an entrepreneur who has 

transported to the Republic of Serbia’s territory the alien without a valid travel document, 

or a visa if needed, and a fine amounting to RSD 500,000.00 (EUR 5,000.00), as well as 

charging a fine to the person responsible working in the legal person up to the amount of 

RSD 50,000.00 (EUR 500.00) (Article 81). 

§ 975. Therefore, we believe that the Serbian legislator has fulfilled requirements set forth 

566 


338


in the international instruments stated to a good extent: measures have been adopted 

which enable relevant bodies to cooperate and exchange information which might 

otherwise be protected by confidentiality laws, as well as measures for border control 

and carrier requirements preventing a possibility of human trafficking. Nevertheless, 

considering the role and importance of carriers in the whole human trafficking chain, 

we believe that only misdemeanor for the carrier is not an efficient measure enough 

to combat human trafficking; there should also be stipulation of criminal liability of 

commercial transportation carriers. 


§ 976. Since human trafficking was more of transnational, i.e. cross-border nature 567 for 

years, the visa regimes of the Republic of Serbia and neighboring countries to a great 

extent influenced what kind of transportation would be used for trafficking victims. The 

visa regime with neighboring countries has changed several times during the period 

covered by this Report. 

§ 977. With regard to Albania, visa for a staying of up to 90 days were cancelled for 

the citizens of both countries on December 1, 2010 568 . Earlier, for entering the territory 

of Serbia, persons who have an ordinary passport of the Republic of Albania needed to 

obtain visa in some of diplomatic and consular missions of the Republic of Serbia 569 . 

§ 978. Further, the citizens of Bosnia and Herzegovina may enter Serbia with ordinary 

passports, other travel documents and their identity cards and stay up to 90 days and vice 

versa: the citizens of Serbia may enter Bosnia and Herzegovina with the said document 

and stay up to 90 days. 

§ 979. As far as Bulgaria is concerned, before 1 January 2007, the two countries did not 

have visa regime. However, the situation changed when Bulgaria became EU member and 

since 1 January 2007 the citizens of Serbia needed visa for traveling to Bulgaria. This did 

not apply to the holders of diplomatic and service passports. On 1 January 2008, Bulgaria 

became a part of the Schengen system, when this regime started to be applied on the 

citizens of Serbia. Based on the decision of visa liberalization between EU and Serbia 570 

and after Serbia has been put on the so-called Schengen White list, the citizens of Serbia 

567 

According to ASTRA’s data, until 2004 more than 70% of all trafficked persons identified in the territory of Serbia were foreign nationals. After 

2004, this trend changed and we are increasingly speaking of internal trafficking in human beings, especially women and children. 

568 

http://www.mfa.gov.rs/Visas/albania.htm 

569 

Visa regime had been revoked for the holders of diplomatic and service passports by the bilateral agreement between Serbia and Montenegro and 

Albania signed on 1 May 2004. Albanian citizens who had residence permits for some EU countries, Schengen countries and Switzerland might 

transit without visa for five days from the moment of entry in the territory of Serbia. The procedure for getting Serbian visa was shortened for the 

citizens of Albania who have valid visa of some Schengen country. 

Source: http://www.tirana.mfa.gov.yu/index.php?option=content&task=view&id=49&Itemid=79 (May 2008). 

570 

“The procedure of putting the Republic of Serbia onto the so-called Schengen White List is a complex process in which state organs need to 

show willingness to meet basic legal and technical criteria imposed by the 2001 EU Council’s Regulation No. 539, laid down in the EU Plan for 

Liberalisation of the Visa Regime with the Republic of Serbia (A Road Map)… On July 15, 2009 The European Commission signed the Proposal for 

Amending the Regulation no. 539 from 2001, which includes Macedonia, Montenegro and Serbia on the Schengen White List.” – excerpt from 

Towards the Schengen White List, A Report on the Progress of Serbia in the Visa Liberalisation Process, Group 484, Belgrade, September 2009. 

http://www.grupa484.org.rs/files/BSL09%20-%20izvestaj.pdf (December 2010). 


ARTICLE 11 

do not need visa for staying in Bulgaria for up to 90 days in the period of six months. 571 

§ 980. The visa regime with Romania is similar to the one with Bulgaria. Namely, after 

a period of non-visa regime, Romania introduced national visas for the citizens of Serbia 

in July 2005. This country also joined the Schengen system as of 1 January 2008. After 

Serbia has been put on the so-called Schengen White list, the citizens of Serbia do not 

need visa for Romania for a staying of up to 90 days. 572 

§ 981. The citizens of Serbia may enter, transit and stay for up to 90 days in the territory 

of Croatia without visa. The same applies on the citizens of Croatia who enter, transit and 

stay up to 90 days in the territory of Serbia. Visa regime between Serbia and Croatia has 

remained unchanged after Serbia entered the Schengen White list. 

§ 982, On 21 December 2007, nine new EU Members States joined the Schengen zone, 

including Hungary. From that day, the citizens of Serbia needed Schengen visa to enter this 

country. At the same time, Hungarian citizens (with ordinary passport) might have stayed 

in Serbia for up to 90 days within six months following the first entry. Until 2004, there 

had been a non-visa regime between Serbia and Hungary. When this country became EU 

member, mandatory visas were introduced for the citizens of Serbia, but at the beginning 

they enjoyed certain reliefs. Since December 2009, following visa liberalization between 

Serbia and EU, the citizens of Serbia do not need visa for a staying of up to 90 days within 

the period of six months 573 

§ 983. During the reporting period, the citizens of Serbia did not need visa to enter 

Macedonia 574 , neither Macedonian citizens need visa to enter the Republic of Serbia. 

§ 984. The crossing of border with the Republic of Montenegro 575 is still not governed by 

regulations that would strictly require certain documentation for traveling to Montenegro. 

So far 576 , adult citizens of Serbia or Montenegro have been required to have valid ID card 

or passport of the Republic of Serbia i.e. the Republic of Montenegro. In order to facilitate 

travel during school holidays and tourist season, the implementation of the decision that 

citizens of the Republic of Serbia and citizens of the Republic of Montenegro who are 

under age may cross the national borders only with a valid passport, i.e. an ID in the case 

of older minors, has been postponed until September 30 th 2011. 577 

§ 985. At the national border of the Republic of Serbia, there are a total of 89 border 

checkpoints for international and trans-border traffic, 57 for road traffic, 14 for rail traffic, 

12 for river traffic, 4 border crossings for air traffic, and 2 for ferry-boat traffic respectively. 

571 

www.mfa.government.bg 

572 

www.mae.ro 

573 

www.mfa.gov.hu 

574 

Source: http://www.mup.gov.rs/Srpski/konz/vize-vizni_rezim.htm and www.mfa.gov.mk 

575 

Source: http://www.mup.gov.rs/domino/mup.nsf/P2PCG 

576 

Younger adults, if they are traveling with parents, need to possess a document that would indicate to their identity (travel document or any other 

document with a photograph for school pupils, birth certificate and health card; younger minors need birth certificate and health card). If children 

travel without parents, written consent of both parents is required, too. Such practice will be enforced until the adoption of regulations that would 

regulate the issue of mutual traveling of the citizens of Serbia and of Montenegro. 

577 

http://www.mfa.gov.rs/Srpski/konz/cg_rs.htm (December 2010). 

340


Figure III.8.2.1: Map of land border checkpoints in the Republic of Serbia (source: the website of the Interior 

Ministry) 578 

§ 986. In numerous reports, the representatives of relevant institutions state that Serbia 

is a target for human traffickers and people smugglers as a transit route because of its 

geographical position. This may be true, but it should certainly not be the excuse for not 

taking pro-active anti-trafficking actions. 

Convention on the Elimination of All Forms of Discrimination against Women 

Distr.: General 

17 October 2006 

Original: English 

CEDAW/C/SCG/1 

06-58482 35 

Committee on the Elimination of Discrimination against Women 

Consideration of reports submitted by States parties under article 18 of the Convention on 

the Elimination of All Forms of Discrimination against Women Initial report of States parties 

Serbia* - Initial Report 

(Extract) 

176. In view of the information that in the refugee camps in Bulgaria and Romania (near 

Bucharest) there is a rather large number of citizens from Afro-Asian countries, who 

578 

http://www.mup.gov.rs/cms_cir/direkcija.nsf/vrste-i-broj-granicnih-prelaza.h (December 2010). 


ARTICLE 11 

intend to illegally cross over to S&M and farther to the West, the MUP RS takes intensified 

measures and actions. The purpose of these measures is to prevent or disclose the said 

illegal as well as economic migrations of citizens of Romania and Moldova towards 

Western European countries and Greece. […] 

178. It is estimated that the cutting off of these channels prevented the entry of more 

than a thousand potential illegal migrants whose destination was Western Europe. […] 

184. The territory of S&M is also used as a transit point for women citizens of Eastern 

European countries for the purpose of their departure to Bosnia & Herzegovina and the 

Autonomous Province of Kosovo and Metohija and/or to Greece via Macedonia and to 

Italy via Albania. In most cases they find jobs in these countries or continue their journey 

towards other Western European countries. 

*State parties to certain UN conventions are required to submit first initial and then 

periodical reports to respective treaty bodies, in which they represent the extent of 

compliance of legislation and practice of one country to certain convention. This is an 

extract from the Initial Report that Serbia submitted to the CEDAW Committee. 

People Smuggling Chain Broken 

Belgrade – The Belgrade police cut in Belgrade two channels for transferring illegal 

migrants across the territory of Serbia. The Ministry of the Interior said today that four 

smugglers were arrested on that occasion. The action was carried out together by the 

police officers of the Office for illegal Migrations and Human Trafficking and the Traffic 

Police Department. 

The action was performed in the night between 21 and 22 November. On suspicion of 

illegal crossing of the state border and people smuggling, the police arrested Danijel J. 

from Koceljeva, Srboljub J. from Jagodina, Bratislav T. and Aleksandar B. from Leskovac. 

It is said in the communication that Danijel J. and Srboljub J. waited in front of the main 

railway station Belgrade for five Albanian nationals who had illegally entered the country 

and transported them by their vehicles to Belgrade suburb Borča, where the migrants 

stayed at the family home of Danijel J. 

The other two suspects, Bratislav T. and Aleksandar B., organized reception of eight foreign 

nationals – four Albanians and four Turks, as well as one citizen of Serbia of Albanian nationality 

from Kosovo in the territory of Kuršumlija municipality. Two of these persons were minor. 

Then, they set out to Belgrade by their vehicles, but the police stopped and arrested them 

at the Bubanj Potok toll station. 

All four of the arrested were, with criminal reports, brought to the investigating judge, 

while the city petty offence authority in Belgrade sentenced foreign nationals to 25 days 

in prison for illegal entry into the country. 

342


The citizen of Serbia was sentenced to prison term of 30 days for the violation of the 

Decree on the Crossing of Administrative Line to Kosovo and Metohija, it is said in the 

communication. 

Tanjug News Agency, 23 November 2007 

§ 987. According to the sources from the Serbian Interior Ministry, all border police units, 

both those at border checkpoints and those in charge of securing state border (green 

border, i.e. space between two border checkpoints) are obliged to recognize human 

trafficking cases in situations where there is a reason for suspecting human trafficking, 

i.e. the use of counterfeit documents discovered in the control of crossing state border, 

finding younger person in the act of illegally crossing the border and the like. 

§ 988. Also, with a view to discovering and suppressing human trafficking, passengers from 

countries that may appear as the countries of origin of trafficked persons are profiled. In late 

2007, a special telephone line was introduced at the Border Police Department aimed at 

timely reporting of suspicious cases in terms of potential trafficking in human beings. This 

number is printed on promotional material that is distributed at border checkpoints. Posters 

that draw attention to the problem of human trafficking are also posted at border checkpoints. 

§. 989. At so-called “old” borders of SFRY (Hungary, Romania and Bulgaria), agreements 

on cross-border cooperation signed at the time of SFRY have been still in force at the end 

of 2010 579 (although some elements, e.g. border passes, are revoked). These agreements, 

inter alia, envisaged local mixed committees that shall discuss border violations and 

solve all problems, including those regarding police cooperation. Border police units 

at the checkpoints communicate on a daily basis with their counterparts at the border 

checkpoints of neighboring countries. Moreover, the Police Cooperation Convention for 

Southeast Europe, signed by Serbia, Montenegro, Bosnia and Herzegovina, Macedonia, 

Albania, Romania and Moldova is very important. The Convention came into force on 11 

July 2008. It envisages many instruments of significance for police cooperation, especially 

cooperation of cross-border services, such as the holding of regular meetings, joint risk 

analysis, joint patrols, joint offices, liaison officers, joint investigation teams, etc. 

§ 990. As it is stated in the Group 484’s report Towards the Schengen White List, 580 

published in September 2009, “over the previous years, the cooperation between the 

countries of the Western Balkans has improved significantly. The authorised ministers 

of Serbia, Albania, Bosnia and Herzegovina, FYROM, and Montenegro signed the Joint 

579 

The Agreement between the Government of the Socialist Federal Republic of Yugoslavia and the Government of the Romanian People’s Republic 

on the manner on solving specific issue of border regime at the Yugoslav-Romanian border (Official Journal of SFRY – International Treaties, no. 

14/64); The Agreement between the Government of the Socialist Federal Republic of Yugoslavia and the Government of the People’s Republic 

of Hungary on preventing and solving the violations of border regime at the Yugoslav-Hungarian Border (Official Journal of SFRY – International 

Treaties, no. 6/80); The Agreement between the Government of the Socialist Federal Republic of Yugoslavia and the Government of the People’s 

Republic of Bulgaria on the manner of examining and solving border violations at the Yugoslav-Bulgarian border (Official Journal of SFRY – 

International Treaties, no. 7/66). 

580 

Towards the Schengen White List, A Report on the Progress of Serbia in the Visa Liberalization Process, Group 484, Belgrade, September 2009 http:// 

www.grupa484.org.rs/files/BSL09%20-%20izvestaj.pdf 


ARTICLE 11 

Declaration on the Border Security Cooperation in South Eastern Europe on March 6 

2009, within the framework of the DCAF Initiative (DCAF – The Geneva Centre for the 

Democratic Control of Armed Forces). In spite of the fact that the major part of the 

bilateral contracts which address the cooperation in this area has not yet been ratified, 

the aspects of practical cooperation with these countries are at a satisfactory level.” 

In April 2004, the trafficker managed to transfer a minor girl, citizen of Serbia, to the 

territory of Slovenia, without using either her passport or other identification documents. 

Officers at border checkpoints did not make any detailed examination of identity. Namely, 

the trafficker who was supposed to transfer the girl to Austria asked her to give him her 

passport when they set out from Belgrade. He told her then to pretend to be sleeping when 

they came to the border checkpoint. If anyone asked her something, she was told to pretend 

that she was deaf and mute. They crossed the border late in the evening, when the attention 

of border officers is weaker, especially if persons crossing the border do not look suspicious. 

However, the fact that the trafficker successfully transferred a 16-year old girl across the 

borders of three countries – Serbia, Croatia and Slovenia, without being stopped and 

controlled even once, and that no one found it necessary to make the contact with the 

girl to check basic data speaks of necessity to develop serious measures for preventing 

and suppressing this form of organized crime, especially when it affects children. 


In September 2006, three minor citizens of Macedonia were stopped at the Horgoš 

checkpoint on the border to Hungary. The girls set out on the journey from Macedonia 

in the company of a Bulgarian national who drove the vehicle by which they traveled. 

When crossing the border between Macedonia and Serbia, two girls had their passports, 

while the third one entered the country without any documents. She crossed the border 

covered by blanket, so as to look as if she was sleeping and border officers did not ask her 

anything or ask for her passport. 

When they entered Serbia, they changed the vehicle and continued to the Hungarian border. 

Until the moment they were stopped at the Horgoš checkpoint, the girls were provided with 

Bulgarian passports with their pictures and someone else’s data (Bulgarian citizens do not 

need visa for traveling to EU, because Bulgaria has been on white Schengen list since 2006). 

Border police officer normally took the passports of all three girls and call them by names 

stated in the documents. However, they did not manage to remember their new names 

in such a short period of time, as well as other data from the passport, based on which the 

police officer instantly realized that these were fake documents and fake identities. The 

girls and the man who transported them were not allowed to leave the country. 


344


§ 991. With regard to border measures 581 , attention should be paid so that measures 

that are implemented are not aimed at preventing migrations, i.e. by introducing stricter 

border measures, states must not create grounds for the violation of basic human 

right – right to free movement. Speaking of this, Barbara Limanowska 582 says “another 

element of the ‘migration control’ agenda is the development of stricter border control 

systems, computerization of border check points and creation of data bases with the 

names of illegal migrants. These developments are often perceived and presented as 

anti-trafficking measures, which are established in conformity with EU requirements. 

Prevention of trafficking at borders is another controversial issue not well researched and 

often criticized for its lack of clear standards and procedures.” 

§ 992. Barbara Limanowska stressed another important fact: the identification of victims 

in transit is more important than the identification of criminals. If we know that data 

“from the shelters in the region suggest that only a small percentage of women (1-3%) 

were transported across borders against their will (by either kidnapping or force) [….] 

Others, at the time of border crossing, were convinced that they were going to be offered 

‘proper’, even if illegal, jobs. As a result, women would not be requiring any assistance 

at borders. On the contrary, they would try to cross smoothly and avoid exposing their 

smugglers/traffickers/middle men. Knowing that the border police might try to stop 

them would increase their dependency on traffickers rather than decrease it and could 

strengthen their conviction that they should stay away from the police”. 

B92 > Info > Shows > B92 Investigates – From the Interview with Pietro Grasso, Italian 

Chief Prosecutor for fight against Mafia 15 may 2006 

Mafia Today 

Pietro Grasso: The new Criminal Procedure Act is to be adopted one of these days in 

Serbia. According to that Law, prosecutor will have much broader authority in fight against 

organized crime in particular; for example, the prosecutor will conduct the investigation 

or propose forensic examinations… The law which will give broader independence to 

the Special Prosecutor for Organized Crime, according to which this prosecutor will be 

elected by the Parliament, should be discussed soon, too. Many new solutions have been 

taken from the Italian legislation, where the authority of state bodies in charge of fighting 

mafia is rather large. 

B92: In what fields does mafia operate today? What are specific characteristics of mafia’s 

581 

For example, in the Report of Interior Ministry’s Border Police Directorate on illegal migrations for 2005, it is said that “the principle of integrated 

border management, which implies the suppression of illegal migrations at their roots, i.e. in the country of origin through the system of issuing 

visas to passengers at high risk of migrations, that is, through the examination by the Interior Ministry of submitted visa requests and establishing 

real reasons for coming to our country, is applied in the work of the Border Police Department and the Section for Aliens”. Source: http://web. 

archive.org/web/20060101115134/http://www.mup.sr.gov.yu/. Also, in TIP Report for 2006 it is said that for the purpose of human trafficking 

prevention, consular authorities of our country denied more than 4,000 visa requests from the countries known as the countries of origin. 

582 

Limanowska B., Trafficking in Human Beings in South Eastern Europe 2004 – Focus in Prevention in Albania, Bosnia and Herzegovina, Bulgaria, 

Croatia, the Former Yugoslav Republic of Macedonia, Moldova, Romania, Serbia and Montenegro, The UN Administered Province of Kosovo. UNICEF, 

UNOHCHR, OSCE/ODHIR, page 22-23 


ARTICLES 12 AND 13 

acting today? 

Grasso: With regard to the operations which bring mafia together or which are interesting 

for mafia in general, and particularly for the Italian mafia, is drugs trafficking, i.e. the 

smuggling of narcotics, of arms and of explosives. They have started dealing with white 

slaves trafficking lately and are very interested in illegal migrations. 

B92 has investigated the human trafficking chain that was broken and perpetrators convicted in 

the proceedings that lasted for only six days. Women from former Soviet Republics were taken 

o Italy across Serbia. The boss of this criminal group was Serbian national Mladen Dalmacija 

who lived in Italy. This is only one example of close connections between our and Italian mafia, 

whose permit is necessary for conducting criminal activities in the territory of Italy. 

In the example mentioned by Italian Chief prosecutor, what happened was exactly what 

Barbara Limanowska mentioned in her Report. Namely, the girls who were found in transit 

did not believe to the police that the final purpose of their journey was actually sexual 

exploitation in Northern Italy and not a job abroad. They believed only when they heard 

communication between traffickers which the police recorded during the investigation. 

www.b92.net, 15 May 2006 

§ 993. Actors involved in human trafficking prevention, in spite of great effort, did not 

find a way to “help” (potential) victims in self-identification during transit. What border 

police officers have at disposal at the moment is to provide persons whom they estimate 

to be at risk with information about relevant institutions/organizations and SOS hotlines 

that may help them and various information about their destination country. 583 

§ 994. Finally, there is a question of databases 584 , i.e. ways in which data on potential 

victims are collected (the question of criteria), kept and used. Although we do not know 

that the Interior Ministry possesses such databases at the moment, during the reporting 

period, there have been several initiatives from international organizations to create 

them. One of the reasons for concern 585 is certainly that data may be misused to prevent 

these persons from leaving or entering the country. 

583 

At the trainings for border police officers, most frequently asked question was “How to recognize potential victim in a few minutes?”, especially 

at border checkpoints during the holiday season, when the frequency of passage is very high. One of the questions that might be asked to 

the passengers in such cases in order to examine the validity of travel documents was suggested by the representative of the Border Police 

Department who is often a lecturer at training seminars. It is “What is your horoscope sign?” Even if a person learned all the data from the 

counterfeit passport she/he uses, it is not very likely that she/he would be able to calculate horoscope sign in such a short period of time. 

584 

More about this in the analysis of Article 6 of the Protocol. 

585 

Alongside the fact that it is very easy to discriminate against a person on the assumption which arises out of data indicating that someone is a 

potential victim. 

346



Women and Children, Article 12 – Security and Control of Documents and 

Article 13 Legitimacy and Validity of Documents 

CoE Convention on Action against Trafficking in Human Beings, Article 8 - Security 

and control of documents and Article 9 - Legitimacy and Validity of Documents 


Article 12 

Security and Control of Documents 

Each State Party shall take such measures as may be necessary, within available means: 

a. To ensure that travel or identity documents issued by it are of such quality that they cannot 

easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; 

and 

b. To ensure the integrity and security of travel or identity documents issued by or on behalf 

of the State Party and to prevent their unlawful creation, issuance and use. 


Article 13 

Legitimacy and validity of documents 

At the request of another State Party, a State Party shall, in accordance with its domestic law, 

verify within a reasonable time the legitimacy and validity of travel or identity documents 

issued or purported to have been issued in its name and suspected of being used for trafficking 

in persons. 

CoE 

Article 8 

Security and control of documents 

Each Party shall adopt such measures as may be necessary: 

a. To ensure that travel or identity documents issued by it are of such quality that they cannot 

easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; 

and 

b. To ensure the integrity and security of travel or identity documents issued by or on behalf 

of the Party and to prevent their unlawful creation and issuance. 



CoE 

Article 9 

Legitimacy and validity of documents 

At the request of another Party, a Party shall, in accordance with its internal law, verify 

within a reasonable time the legitimacy and validity of travel or identity documents issued 

or purported to have been issued in its name and suspected of being used for trafficking in 

human beings 


§ 995. The main requirement set out in Articles 12 and 13 of the Palermo Protocol and 

Articles 8 and 9 of the CoE Convention relates to obligations of State Parties to ensure 

that travel and identity documents are of such quality that they cannot be altered or 

misused, prevent the unlawful issuance of a State Party’s travel documents and verify 

within a reasonable time the legitimacy and validity of documents purported to have 

been issued by them at the request of another State Party. As to the obligation to 

ensure the adequacy of the quality and the integrity and security of documents, these 

do not entail direct legislative obligations, but rather necessary technology measures. 

Still, legislative measures may be needed to secure that the forms of documents such 

as passports are prescribed by legislation or to envisage offences to deal with theft, 

falsification and other misconduct in relation to travel or identity documents. The authors 

of the Protocol reminded that understanding technologies such as biometrics and the 

use of documents containing electronically stored information, for example, would be 

essential to the drafting of legal standards requiring the use of these technologies. Finally, 

implementing the requirement to verify travel or identity documents will generally 

not require legislation, since virtually all States already do that on request, but it may 

require resources or administrative changes to permit the process to be completed in the 

relatively short time frames envisaged by the Protocol. 586 

§ 996. As far as the Republic of Serbia is concerned, note that forms of documents such as 

passports are prescribed by legislation: the Travel Documents Law 587 prescribes all details 

that forms of the passports must contain (Article 24 of the Travel Documents Law), 

including the mandatory space necessary for electronically stored information and related 

protective measures (Article 25 of the Travel Documents Law). The Law also determines 

that the specialized organizational unit of the National Bank of Serbia – the Institute for 

Manufacturing Banknotes and Coins - is the competent authority to produce the forms of 

travel documents (Article 26 of the Travel Documents Law). Accordingly, in this respect, 

the Serbian legislation is in harmony with the standards set up by the Protocol. 

586 

See Legislative Guides For The Implementation of The United Nations Convention against Transnational Organized Crime and the Protocols Thereto, 

page 312-313. 

587 

Official Gazette of RS, No. 90/07, 116/08. 

348


§ 997. It is important to emphasize that the biometric passport and identity card with the 

space for electronically stored data were introduced into use in July 2008 and that until 

the end of 2010 nearly 2.8 million new passports and around 2.4 million new identity 

cards have been issued. 588 

§ 998. As previously pointed out, the Serbian legislature has also ensured that theft, 

falsification, hiding, damage and other misconduct in relation to travel or identity 

documents does not remain without sanctions. 

§ 999. Having in mind that the acts of concealing, damaging or destroying a travel or 

identity document that belongs to another person are very often committed to allow 

trafficking in human beings, and having in mind the above-mentioned shortcomings 

of the criminal offense of malicious mischief when applied in the circumstances of 

trafficking, we recommend that Article 388 of the Serbian Criminal Code (Trafficking in 

Human Beings) be amended as to include the acts of concealing, damaging or destroying 

a travel or identity document into the means necessary to the criminal offence. 


§ 1000. Passports introduced in 1996 that were in use for the major part of the reporting 

period (in the last two years simultaneously with the new biometric passports) were 

not in accordance for generally accepted security standards. Quite the opposite: the 

quality of these passports, the security of its manufacture and the manner of issuance 

were favorable to human trafficker. They are often used as a means to commit various 

criminal offences. 

§ 1001. New travel documents 589 , which have been in use since 2008, are fully in 

compliance with EU and ICAO security requirements 590 . They contain several levels of 

protection and biometric data. New documents are adjusted to automatic scanning at 

border checkpoints and it is difficult to forge them. By respecting all elements of passport 

protection, the safety of manufacturing of such documents and their handing out to the 

owner, the state ensures the integrity and security of these documents Moreover, every 

person shall submit all documents (personal identification card or other document from 

which an identity may be confirmed, the certificate of citizenship only the first time when 

the document is issued, etc.) when applying for passport, which additionally strengthens 

the security of new travel documents. 

588 

The Most Important Results of the Ministry of the Interior of the Republic of Serbia in 2010 www.mup.gov.rs 

589 

The issuance of travel documents was first governed by the Act on Travel Documents of Yugoslav Citizens (Official Journal of FRY, no. 33/96, 

5/2003 and Official Gazette of RS, no.101/2005). The new Travel Documents Act (Official Gazette of RS, no. 90/07) was passed on 1 October and 

came into force on 9 October 2007. 

590 

International Civil Aviation Organization http://www.icao.int/ 



New Serbian Passport Red and with Seven Levels of Protection 

While citizens will be able to choose if they want a chip with biometric data on their 

new identity cards, this detail is obligatory on passports 

Belgrade – By spring citizens of Serbia will get new passports which will differ from the old 

ones in appearance and will be red. The color of the new passports will be reminiscent of 

the sometime famous passports of the former SFRY, which we used to call “red passports”. 

This week, as we know, after several versions (some people state that there were as many 

as 18 of them) and the harmonization of the system of protection of the passport’s look, 

the Serbian Ministry of the Interior has sent the final version of the new passport to the 

Institute for Manufacturing Banknotes and Coins. 

Judging by the information from the top echelons of the Serbian Ministry of the Interior, 

it was expected that the covers would be blue, as they had been on the previous passports 

of Serbia and Montenegro, and Federal Republic of Yugoslavia, but a regal red color was 

chosen after all. 

The covers of the passport will have the name and the coat of arms of the Republic of 

Serbia, Cyrillic golden inscription ‘ПАСОШ’ (Passport) and the symbol for biometric 

passports. The inside cover features the inscription ‘Srbija’, written alternately in Cyrillic 

and Latin scripts and visible only under UV light. The first page in the passport is made 

from polycarbonate plastic and it is more rigid than the other pages. Other pages, 32 in 

total, are intended for stamps and visas, and are stitched through in a special manner and 

using a special fluorescent thread. 

In addition to the first page, the second page is also made from polycarbonate plastic, 

just like credit cards. The first page contains the inscription “Passport” in Serbian, French 

and English, whereas the second page contains personal data of the passport holder (a 

photograph, name, surname, place and date of birth, serial number, and other data that 

are also featured in the current passport). 

The new passport is mostly different from the old one in terms of the elements of protection 

and it has seven levels of protection which puts it among the most sophisticated in 

Europe. The Ministry of the Interior claims that the new Serbian passport will be very 

difficult to forge. 

What is new is a chip with biometric data of the passport holder. This detail is obligatory 

on passports, whereas Serbian citizens will be able to choose if they want a chip with 

biometric data on their identity cards prior to their issuance. 

At the bottom of the page is a machine-readable zone containing personal data. 

The protection of this page is extremely important in order to prevent forgery, so the 

page has a kinegram in an optically variable color. The page is made from several layers of 

plastic, and both matte and gloss elements are added trough the process of lamination. 

The data is engraved with a laser, not on the first layer but on the bottom layers of 

350


polycarbonate plastic. This means that if someone wanted to alter the data, they would 

have to damage the surface layer. 

Other pages, intended for visas, also have the Serbian coat of arms, and they also contain 

a watermark, protective threads and other hidden elements which prevent the passport 

form being forged. Passports are to be valid for ten years. 

A joint commission of the Ministry of the Interior and the Institute for Manufacturing 

Banknotes and Coins worked on the production of conceptual solutions for the passport. 

The recommendation of the European Union is that its members use two colours for this 

travel document – either red or blue. 

Glas javnosti, 26 January 2008 

http://www.glas-javnosti.rs/clanak/glas-javnosti-26-01-2008/novi-srpski-pasos-crveni-sa-sedam-nivoa-zastite 

§ 1002. In the same way as when it comes to the travel documents, two forms of identity 

cards were valid in the Republic of Serbia from 2001 to 2010. The old ID form was valid 

during this entire period, but since 2008 it was in use simultaneously with the new ID 

form. It was announced that the old IDs should be withdrawn by mid-2011. Old personal 

identification card that is still valid in the Republic of Serbia does not meet necessary 

security requirements. Namely, this personal documents which Serbian citizens are 

obliged to carry is made on a form that has been used for more than 20 years and that 

contains no protection elements (photographs are fixed in a way that just any forger can 

replace it easily). For this reason, on more than one occasion Serbian police officers took 

away forged personal identification documents which the traffickers provided for foreign 

nationals who were going across Serbia to Bosnia and further to Western Europe. Namely, 

owners’ photos were removed from the stolen ID cards of Serbian citizens and replaced 

with the photos of girls who were transferred to the territory of Bosnia and Herzegovina 

with forged documents. 

During 2003 and 2004, ASTRA was in contact with a client who was witness/victim in 

the proceedings for human trafficking offence against two suspects before the Pančevo 

District Court. The girl was exploited over a long period of time, first in Serbia as a minor 

and than, still not 18, she was sold to traffickers in Italy. 

During one conversation with ASTRA counselors, she said that the trafficker from Pančevo 

had has no problem to obtain documents for her. Although she was not of age, he took 

her to the police station, where she was issued a passport, quickly and without any special 

procedure. She did not know how and through which contacts the trafficker managed 

to do this. 




Since June 2010, ASTRA has been in contact with a client who was at the time identified as 

a victim of human trafficking by the Agency for Coordination of Protection of Trafficking 

Victims. The girl had been exploited during a longer time period in Serbia and in Bosnia 

and Herzegovina. In the period prior to being identified as a victim of human trafficking, 

she crossed the border illegally several times accompanied by human traffickers and 

spent time in Hungary and Switzerland. In 2008, she crossed the border between Serbia 

and Hungary bypassing the border checkpoint and without documents. The same year, 

human traffickers transported her by car from Hungary to Switzerland. She does not know 

in what way that action was executed, given the fact that she did not leave the vehicle, as 

opposed to the human traffickers who, she assumes, had fake documents with her data. 

ASTRA Database, ID number 2590 

§. 1003. In the Report on Illegal Migrations in Serbia in 2005 which the Ministry of the 

Interior released in February 2006, it is said that “in the control of crossing the state 

border on border checkpoints in the territory of the Republic of Serbia in 2005, a total 

of 1,727 forgeries were revealed, specifically 555 forgeries of foreign travel documents, 

visas and border stamps 591 , 394 forgeries of domestic travel documents and visas and 778 

forgeries of other documents. In comparison with 2004, when 530 forgeries of foreign 

travel documents and visas were revealed, an increase of 4.7% was registered in 2005”. 

§ 1004. The number of foreign citizens who crossed the state borders illegally in 2007 

was 874, and the number is approximately the same for 2008 and includes 753 foreign 

citizens. In these two years the majority of illegal migrants were citizens of Albania, 

Macedonia and Turkey. A sudden increase in the number of foreign citizen occurred in 

2009, above all because of the noticeably greater number of citizens of Afghanistan (60 

%) who entered the Republic of Serbia illegally – 2029 of them. During 2010, as many as 

4320 foreign citizens entered Serbia illegally. 592 

§ 1005. According to the data which the Ministry of the Interior of the Republic of Serbia 

listed in the Answers to the EU Questionnaire 593 , during 2007, 89 criminal charges were filed 

against 137 persons for the illegal crossing of the state borders and smuggling people, which is 

an insignificantly smaller figure than in 2006 when 140 people were processed. During 2008, 

69 criminal charges were filed against 119 perpetrators; in 2009, 82 criminal charges were 

filed against 156 perpetrators, and during 2010, 71 criminal charges against 139 perpetrators. 

§ 1006. In the Border Police’s Report, it is also said that there were cases of forgery of 

invitation letters and abuses related to alleged employment. In that respect, “in the 

course of 2005, after police departments run investigations and revealed abuses with 

591 

“Of the total number of 555 travel documents that are suspected to be counterfeit in 2005, 278 were foreign passports (mostly of the Republic 

of Macedonia - 69, the Republic of Croatia - 45, Bulgaria - 34, Slovakia - 21, Turkey - 25, Germany - 11, Greece - 11 and others), 171 foreign visas 

(mostly German - 83, Greek - 29, Austrian – 17 and others) and 106 forged border stamps. Criminal reports were filed against persons who used 

counterfeit documents.“ 

592 

The most significant results of the Ministry of the Interior of the Republic of Serbia in 2010, www.mup.gov.rs 

593 

http://www.seio.gov.rs/code/navigate.asp?Id=2 

352


invitation letters, visa was not approved for 2,320 citizens of China, 1,693 citizens of 

Romania and 149 citizens of Moldova.” 

§ 1007. The introduction of the new identification document – the identity card, in 2008, 

decreased the possibility of falsification and abuse of the document itself, ensured a 

reliable and safe realization of the function of the document holder’s authenticity, and 

ensured the protection of the data integrity, and the non-repudiation and protection of 

the data confidentiality. 

§ 1008. When submitting a request for the issuance of the identity card, the person 

to whom the identity card is issued specifies in the request whether they consent to a 

contact microcontroller (chip) being built into the identity card form. The citizens who 

own identity cards with built-in chips (contact microcontrollers) do not have their place 

of residence printed, but it is stored in the chip. This means that if they change their 

address, they do not have to submit the request and pay the fees for the issuance of a 

new identity card, since the change is only done in the chip. The citizens who choose the 

identity card form without the chip must submit the request for the issuance of a new 

identity card if they change their place of residency, or home address, because there is no 

possibility of the new address being printed on the identity card form without the chip. 594 

§ 1009. The new Identification Card Act 595 provides that the personal identification card 

is a public document by which the citizens of the Republic of Serbia prove their identity 

and which serves as a proof of other facts it contains. Every citizen of Serbia older than 16 

years of age has right to personal identification card 596 . This right belongs to every citizen 

older than the age of 10. A citizen older than 16 years of age who has residence in the 

territory of the Republic of Serbia is obliged to have personal identification card. 

§ 1010. Authorities state that the introduction of new personal identification documents 

will contribute to reducing the possibilities for forgery and abuse of the document, reliably 

and safely achieving the authenticity of the owner of the document, the protection of 

data integrity and the undeniability and protection of the confidentiality of data. When 

applying for personal identification card, a person to whom the document is issued 

should state in the document whether he/she wants contact microcontroller (chip) to be 

incorporated into the personal identification card form. 

§ 1011. The very issue of contact microcontroller caused controversy in public, 

which postponed the time frame for the beginning of issuance of new personal 

identification cards. 597 

§ 1012. We have faced enormous problems in practice when persons who survived human 

trafficking were trying to obtain personal documents and/or passports. Very often, and 

almost as a rule, trafficking victims do not have travel documents or have only forged 

594 

http://www.mup.gov.rs/cms_lat/dokumenta.nsf/licna-karta-prednosti.h 

595 


596 

The reception of requests for new personal identification cards will start in the course of 2008. 

597 

http://www.b92.net/info/komentari.php?nav_id=227209 


ARTICLE 14 (2) 

travel documents, and in that respect, temporary residence may be approved in the form 

of certificate by competent police authority. 

§ 1013. Since the address of the shelter in which the victim is accommodated is confidential 

and that the report of foreigner’s place of residence is necessary for approving temporary 

residence, the address of Agency for Coordination of Protection of Trafficking Victims is 

used for that purpose. 

§ 1014. With regard to domestic nationals, current situation is even more complicated. If 

they do not have reported residence (which is not so rare), it is very difficult to obtain new 

personal document. In agreement with competent authorities, this has been overcome in 

different ways, e.g. they were reported to live at the address of some NGO activist and the 

like. This is certainly not a way in which one victim assistance mechanism should work. 

§ 1015. It is certainly praiseworthy that the Ministry of Foreign Affairs has issued a consular 

instruction on emergency procedure for issuing traveling documents for domestic 

nationals – trafficking victims, without charging any fees. 

§ 1016. As far as the obligation under Article 13 of the Protocol is concerned, the new 

Travel Documents Act regulates conditions under which, at the request of another state, 

the competent authorities may submit data from the register on travel documents. The law 

requires that the reciprocity exists, that the request is made via diplomatic authorities, and 

that the requesting state obliges itself that it will use data for strict purposes - in order to 

reveal or prevent criminal offenses or when it is to the benefit for an individual whose data 

is needed (Article 49 of the Travel Documents Act). In addition, in order to submit necessary 

data to a foreign state, the law requires that the related state has adopted legislative measures 

to protect personal data of foreign nationals (Article 49 of the Travel Documents Act). 

§ 1017. There are no specific legislative measures regarding the verification of the 

legitimacy and validity of travel or identity documents within a reasonable time – but the 

police authorities are regularly responding to such requests of the foreign states according 

to standards of police international cooperation. One can always claim that the response 

could be provided in the relatively shorter periods. 

§ 1018. In the end, when we talk about cooperation in terms of the verification of the legitimacy 

and validity of travel or identity documents by one state upon the request of the other, this is 

most often done in the process of readmission. Our country has signed the Agreement on Visa 

Facilitation and Readmission with EU 598 and several other agreements with non-EU states. 

The verification of the validity of travel or other document can be done through Interpol, too. 

598 

The Agreement on Readmission, which was signed in September 2007 and came into force on 1 January 2008 regulates the receipt of the citizens 

of the Republic of Serbia who are illegally staying in the territory of the European Union, as well as the receipt of the citizens of third countries 

and apatrides in specified cases. The Agreement is reciprocal and provides for the same obligations for EU Member States, i.e. the receipt of their 

citizens, third country citizens and apatrides who are illegally staying in the territory of Serbia. Conditions for receipt are the same in both cases, 

either if it is to be made by Serbia or by EU Member State. The Agreement specifies the procedure of readmission, including which data the 

request for readmission must contain, proofs for establishing the citizenship of a person in readmission process, terms and conditions in which the 

readmission is carried out and costs. It also regulates data protection. This uniform readmission Agreement has priority over bilateral agreements 

signed so far between Serbia and EU Member States. Denmark is excluded from this Agreement. 

Source: http://www.seio.sr.gov.yu/code/navigate.asp?Id=399 

354


III.10. Protocol to Prevent, Suppress and Punish Trafficking in Persons, 

especially Women and Children, Article 14 – Saving clause 

CoE Convention on Action against Human Trafficking, Article 3 – Nondiscrimination 

principle and Article 17 – Gender Equality 


Article 14 (2) 

Saving clause 

2. The measures set forth in this Protocol shall be interpreted and applied in a way that is not 

discriminatory to persons on the ground that they are victims of trafficking in persons. The 

interpretation and application of those measures shall be consistent with internationally 

recognized principles of non-discrimination. 

CoE 

Article 3 

Non-discrimination principle 

The implementation of the provisions of this Convention by Parties, in particular the 

enjoyment of measures to protect and promote the rights of victims, shall be secured without 

discrimination on any ground such as sex, race, colour, language, religion, political or other 

opinion, national or social origin, association with a national minority, property, birth or 

other status. 

CoE 

Article 17599 

Gender equality 

Each Party shall, in applying measures referred to in this chapter, aim to promote gender 

equality and use gender mainstreaming in the development, implementation and assessment 

of the measures. 


§ 1019. The Article 3 of the CoE Convention calls all State Parties to secure that the 

Convention be applied without discrimination based on gender, race, color, language, 

religion, political and any other conviction, national and social origin, association with a 

national minority, property, birth or some other status. Article 14 of the Palermo Protocol 

focuses on the interpretation of the Protocol and not the national law that implements it; 

however the drafters of the Protocol have invited State Parties to consider the principle 

599 

Gender equality issues are discussed in the Introduction of this Report and in the analysis of Article 9 of the Palermo Protocol and corresponding 

Article of the CoE Convention. 



of non-discrimination in drafting specific provisions, particularly where they deal with 

trafficking victims. 600 Having this in mind, in the following paragraphs, we want to focus 

the attention to the implementation of equality principle in the Republic of Serbia. 

§ 1020. First, note that equality concerns permeate many constitutional rights of victims 

of trafficking in human beings such as the freedom of movement, freedom to procreate, 

right to enter into marriage and the equality of spouses, right to work etc. Important 

for this Report is the fact that the Constitution of Serbia places gender equality and 

prohibition of discrimination at the centre of its scheme of constitutional principles. In 

Article 15 of the Constitution, the State is committed to guarantee the equality of woman 

and man and develop equal opportunities policy. This means that the Constitution 

understands equality not merely as a formalistic defense right, but as a right to equal 

opportunity, as well. 

§ 1021. Article 21 of the Constitution refers to: 

• the equality before the law (“all are equal before the Constitution and law”), 

• the equal protection of law (“everyone shall have the right to equal legal protection, 

without discrimination”), 

• the antidiscrimination approach (“all direct or indirect discrimination based on any 

grounds, particularly on race, gender, national origin, social origin, birth, religion, 

political or other opinion, property status, culture, language, age, mental or physical 

disability shall be prohibited”), 

• the affirmative action to achieve global equality (“special measures which the Republic 

of Serbia may introduce to achieve full equality of individuals or a group of individuals 

in a substantially unequal position compared to other citizens shall not be deemed 

discrimination”). 

§ 1022. Second, non-discrimination principle or measures concerning affirmative action 

with regard to gender or children are especially emphasized within the right to enter into 

marriage and the equality of spouses, the right to work, the rights of the child and the 

constitutional guarantee on special protection of the family, mother, single parent and child. 

§ 1023. Yet, the prohibition of discrimination, as envisaged in the Serbian Constitution, 

does not include discrimination based on color or association with a national minority. 

The Constitution fails to employ non-discrimination terminology throughout the text. It 

does not expressly prohibit igniting discord, intolerance or hatred based on gender. 

§ 1024. Third, a significant novelty and encouraging measure is adoption of comprehensive 

non-discrimination law in 2009. The Law on the Prohibition of Discrimination 601 stipulates 

general prohibition of discrimination, forms and cases of discrimination and actions of 

protection against discrimination. This Law appoints the Commissioner for the Protection of 

Equality. The first Commissioner was appointed by the National Assembly on 5 May 2010. 

600 

See Legislative Guides, Supra Note, page 256. 

601 


356


§ 1025. For the purpose of this Report we would like to point out a few issues important 

for combating human trafficking. First, this Law refers to anyone residing on the territory 

of the Republic of Serbia, or a territory under Serbian jurisdiction regardless of the fact if 

he/she is a citizen of the Republic of Serbia or of some other state or he/she is a person 

without a citizenship, as well as to a legal person registered, i.e. doing business at the 

territory of the Republic of Serbia. Second, the Law defines forms of discrimination 

including direct and indirect discrimination, violation of the principle of equal rights 

and obligations, call to criminal account, association aimed at practicing discrimination, 

hate speech and harassment and humiliation. It is of high importance that the Law 

explicitly spells out that (among other things) slavery, human trafficking, apartheid and 

their propagation are considered to be serious forms of discrimination. 602 Third, this Law 

prohibits discrimination in different fields and towards different groups; most importantly, 

in the context of human trafficking the Law deals explicitly with discrimination in actions 

connected to public authorities, workplace discrimination, discrimination in rendering 

public services and use of buildings and areas, prohibition of religious discrimination, 

discrimination in the fields of education and professional training, gender discrimination, 

discrimination based on sexual orientation, discrimination of children and discrimination 

the basis of one’s health. Finally, anyone whose rights are violated by discriminatory 

actions has the right to take a legal action in court which would reach the verdict using 

emergency procedure. 603 

§ 1026. Considering the fact that the international documents, which are the basis of 

the legal analysis of this Report, require from the States to adopt general measures 

guaranteeing the equality of sexes, note that in 2009 the Parliament passed the Gender 

Equality Law stipulating creation of equal possibilities to exercise rights and obligations, 

taking special measures for prevention and elimination of discrimination based on 

one’s gender and sex, as well as the process of legal protection for persons exposed to 

discrimination on this ground. 604 

§ 11027. Finally, note that in 2006 the Law on Prohibition of Discrimination against Persons 

with Disabilities was passed; also Serbian Criminal Code envisages certain criminal acts 

aimed at prohibition and legal punishment of discrimination (Articles 128 and 387 of the 

Criminal Code). In the end, some other laws also contain non-discrimination provisions 

such as the Labor Act, the Law on Employment and on Unemployment Insurance, the 

Health Care Act and the Elementary Education Act. 


§. 1028. Although neither Serbian Constitution nor the Law on the Prohibition of 

Discrimination allow any form of discrimination, Serbia is still a society where executive, 

602 

See Article 14 Paragraph 4 of the stated Law. 

603 

Ibid. Article 41, Paragraphs 1 and 3. 

604 




legislative or judicial power still do not dare to make significant departure from dominant 

patriarchal patterns. As opposed to relatively rare, open and often extreme manifestations 

of discrimination (which usually face public disapproval and are often prosecuted), there is 

a range of hidden discriminative acts which are hard to detect and consequently tackle. In 

court proceedings against the perpetrators of trafficking offences, there are several levels 

and several types of hidden discrimination against victims. In addition to the violation of 

their human rights and to additional feeling of frustration, this also leads to distrust in 

the judicial authorities and doubt in the usefulness of participation in the proceedings. 

§ 1029. The basic and initial form of inequality is a positive discrimination of the 

perpetrator compared with the victim. This probably results from a wish of state 

authorities to persistently respect human rights of the accused. In practice, this is reduced 

to the neglecting of victim’s human rights and the perception of victims as of secondary 

actors in the proceedings. This is contributed to by relatively discriminatory provisions of 

the Criminal Procedure Act. For example, all relevant documents must be given to the 

defendant and defense counsel, but not to the victim. 

In many proceedings, the obtaining of documents (including the indictment itself) 

depended on personal contacts of ASTRA representatives and victims’ lawyers with, 

for example, Public Prosecutor, or on the mood of the Judge. Several times, in various 

proceedings, victim’s lawyer was not at all invited to attend the trial or even did not 

receive the first-instance judgment, which happened in the proceedings against Milivoje 

Zarubica for rape. On several occasions, victim’s lawyer was physically not able to be 

in the courtroom, i.e. there was not a free chair for her, which caused no reaction from 

judges, but other participants would give her their seats. 


At the trial to the group of traffickers in Novi Sad, very capable and energetic female 

judge was constantly forgetting to give floor to victim’s lawyer, to ask her whether she 

had new proposals and the like. She even “forgot” to give the lawyer opportunity to make 

the closing when her turn came. The lawyer would react, the mistake (with excuse) would 

be fixed, but the victim who attended the trial got impression that neither her nor her 

lawyer were of any importance at that trial, or at least not as important as the accused. 


§ 1030. NGO staff who assist or represent the victim is exposed to a particular form of 

discrimination, because still ambivalent attitude of the state towards NGOs reflects in 

the behavior of courts. 

358


A judge of the Pančevo court advised the injured party (mother of a murdered girl) that 

she did not need a lawyer. When ASTRA hired the lawyer anyway, the Judge was rude 

both to her and to the mother of the deceased, as well as to ASTRA activists who watched 

the trial. More specifically, she was on a first-name basis with the mother, refused to 

pay her minor (around EUR 10) costs of coming to one trial because “she did not timely 

asked”; she was warning the lawyer for consultations with the prosecutors, for talking or 

for “making faces to defense counsel” and the like. 

One of the lay judges from the panel of the Novi Sad District Court said to the Presiding 

Judge that “the lawyer is telling the victim what to say all the time”. This was the 

situation when the shaken victim started crying while giving her testimony and looked 

at her lawyer for support. During that time, one of the accused, sitting on her place in 

the courtroom, was engaged in informal conversation with the prison guard, who was 

occasionally laughing, without being interrupted or warned by the judge. 


§ 1031. Victims who are (or were) sexually exploited, and who are in addition foreign 

nationals (from Moldova, Ukraine, Romania) or minorities (e.g. Roma), of low social or 

educational profile, are in the majority of cases exposed to multiple discrimination: based 

on their gender, ethnical background and status and employment. This is often seen in 

sharp and impatient behavior of the judge towards these women or, sometimes even 

worse, patronizing and seemingly too attentive attitude, but, in any event, without respect. 

It often happens that judges comment victim’s statement with hostility and sarcasm, or 

even encourage rude jokes that the accused make on the expense of the victim. None of 

these can be found in court records, because in criminal proceedings it is a practice not to 

record everything that is said, but only what the judge dictates, summarizing and retelling 

the statements. It is important to stress that the language of court records is uniform 

and lifeless, because the statements and recollections of events are not entered as said. 

Every reformulation necessarily tends to unify and relativize both the facts and victim’s 

statement about them. By erasing “too strong” expressions and victim’s autochthonous 

story, the general picture of the event wanes. Thus, judging from the court records, the 

committed offense looks less cruel and victim’s suffering not so horrible. 

§ 1032. The Serbian criminal legislation still has the archaic institute of “confrontation” 

when the witness (in this case victim) and the accused are brought face to face, standing 

close to each other and, looking at each other’s eyes, talk to each other about the facts 

where their statements differ. This outdated relict is essentially not of any importance as 

a means of evidence, because of the very fact that the law explicitly obliges all participants 

in the proceedings to tell the truth (or otherwise they will be punished), while the accused 

has the prerogative to say anything that may be useful for his/her defense, including 



notorious lie. It happened in many cases that the victim, beside herself, often crying, was 

standing in front of the accused, who was telling her that she was laying or was offending 

her until being stopped by the judge. In our opinion, this cruel procedure is one of the 

most severe forms of discrimination and secondary victimization of the victim, which is 

directly ordered by court. 

§ 1033. For everything advanced so far, it is obvious that, in spite of the Constitution, 

trafficking victims do not enjoy equal protection by the law in court proceedings as those 

who committed an offence against them. 

Equal treatment and non-discrimination on the basis of gender is a fundamental human 

right, firmly enshrined in the major international and regional instruments. While several 

conventions address various forms of discrimination, the Convention on the Elimination 

of all Forms of Discrimination against Women (CEDAW), which was adopted by the 

United Nations General Assembly in 1979 and entered into force in 1981, stands as the 

main legal framework for addressing discrimination against women. CEDAW defines 

such discrimination as any distinction, exclusion or restriction made on the basis of sex 

which has the effect or purpose of impairing or nullifying the recognition, enjoyment or 

exercise by women, irrespective of their marital status, on a basis of equality of men and 

women, of human rights and fundamental freedoms in the political, economic, social, 

cultural, civil or any other field. It is widely accepted that this prohibition requires the 

States Parties to take action to prevent private as well as public acts of discrimination. The 

responsibility of States parties under the Convention extends to eliminating gender-based 

discrimination by any person, organization or enterprise. The prohibition on sex-based 

discrimination is related to and reinforces the duty of equal application of the law. While 

it may be problematic to argue that trafficking itself violates the prohibition on sex-based 

discrimination, the link between such discrimination and vulnerability to trafficking will 

often not be difficult to establish. 

Economic and Social Commission for Asia and the Pacific, Gender and Development – 

Discussion Paper Series No. 17, Violence against and Trafficking in Women as Symptoms of 

Discrimination: The Potential of CEDAW as an Antidote, December 2005 605 . 

§ 1034. Aware of all the problems that victims of this grave form of violence are facing, 

and knowing that such violence presents a most drastic infringement of human rights, 

in 2010 ASTRA, in coordination with the Netherlands Helsinki Committee for Human 

Rights, launched a project named “The Promotion of Rights of Trafficked Persons in Serbia 

with the Specific Aim of Legal Assistance – a Human Rights-Based Approach”. The project 

is financed by the Dutch Ministry of Foreign Affairs as a part of the MATRA programme 

for cooperation in Europe. The project is aimed at contributing to the suppression of 

605 

http://www.unescap.org/esid/GAD/Publication/DiscussionPapers/17/DiscussionPaper17.pdf 

360


trafficking in human beings in Serbia and at the improved position of trafficked persons 

through consistent respecting of their rights, from the moment of their identification, 

and throughout the whole rehabilitation process. Apart from the seminar for two 

groups of lawyers, the project also include three thematic meetings for lawyers, creation 

of a database of legal practices concerning trafficking in persons and similar offences, 

monitoring of trials dealing with trafficking in persons, representing trafficked persons in 

the selected pilot cases and issuing a specialized manual for lawyers. 



III.11. CoE Convention on Action against Trafficking in Human Beings, 

Article 36 – Group of experts on action against trafficking in human beings and 

Article 37 – Committee of the Parties 

Article 36 

Group of experts on action against trafficking in human beings 

1. The Group of experts on action against trafficking in human beings (hereinafter referred to 

as “GRETA”), shall monitor the implementation of this Convention by the Parties. 

2. GRETA shall be composed of a minimum of 10 members and a maximum of 15 members, 

taking into account a gender and geographical balance, as well as a multidisciplinary 

expertise. They shall be elected by the Committee of the Parties for a term of office of 4 years, 

renewable once, chosen from amongst nationals of the States Parties to this Convention. 

3. The election of the members of GRETA shall be based on the following principles: 

a. they shall be chosen from among persons of high moral character, known for their 

recognised competence in the fields of Human Rights, assistance and protection 

of victims and of action against trafficking in human beings or having professional 

experience in the areas covered by this Convention; 

b. they shall sit in their individual capacity and shall be independent and impartial in the exercise 

of their functions and shall be available to carry out their duties in an effective manner; 

c. no two members of GRETA may be nationals of the same State; 

d. they should represent the main legal systems. 

4. The election procedure of the members of GRETA shall be determined by the Committee of 

Ministers, after consulting with and obtaining the unanimous consent of the Parties to the 

Convention, within a period of one year following the entry into force of this Convention. 

GRETA shall adopt its own rules of procedure. 

Article 37 

Committee of the Parties 

1. The Committee of the Parties shall be composed of the representatives on the Committee 

of Ministers of the Council of Europe of the member States Parties to the Convention and 

representatives of the Parties to the Convention, which are not members of the Council of 

Europe. 

2. The Committee of the Parties shall be convened by the Secretary General of the Council 

of Europe. Its first meeting shall be held within a period of one year following the entry 

into force of this Convention in order to elect the members of GRETA. It shall subsequently 

meet whenever one-third of the Parties, the President of GRETA or the Secretary General 

so requests. 

3. 3 The Committee of the Parties shall adopt its own rules of procedure. 

362


III.11.1. The election of Serbia’s representative in GRETA 

§ 1035. The conditions for the nomination of Serbian representatives in the Council of 

Europe’s group of experts on action against trafficking – GRETA 606 were met by Serbia’s 

ratification of the Council of Europe Convention on Action against Trafficking in Human 

Beings. Serbian National Coordinator for Combating Human Trafficking suggested that 

an expert who would represent Serbia in GRETA be nominated, and who would thus on 

Serbia’s behalf participate in the monitoring of Convention’s implementation. 

§ 1036. Following the principle adopted by other Convention Signatories, each State 

nominated two experts to the Committee of the Parties. These candidates were usually 

chosen from among professors and civil society workers, while one of the two experts 

was elected by the Committee to represent his/her State. Civil servants were not eligible. 

§ 1037. At the National Coordinator’s request, NGOs nominated their candidates. 607 

In May 2009, at a meeting of the Advisory Body of the National Team for Combating 

Human Trafficking, the Serbian representative in GRETA was discussed, among other 

issues. It was decided that the candidates Sladjana Jovanović and Violeta Beširević would 

be shortlisted. 

§ 1038. However, the candidacy had not been considered until March 2010, given the 

fact that the next official admission into GRETA was scheduled for late 2010. In his call 

for a meeting of the National Team for Combating Human Trafficking, in March 2010, the 

National Coordinator reminded the Team members that the issue of candidacy for GRETA 

was still unresolved, and asked them to submit their nominations for the candidates again, 

this time selected from among civil servants. He informed the Team members that “on the 

political level, it has been decided that public bodies should send their representative into 

GRETA, because he/she should have the opportunity to influence the implementation of 

all recommendations, primarily in the practices of public bodies.” 

§ 1039. At the meeting of the National Team for Combating Human Trafficking, 

the Coordinator informed the Team members that Judge Radmila Dragičević Dičić, 

Acting President of the Court of Appeal in Belgrade, was the official candidate for the 

representative of the Republic of Serbia in GRETA. 

§ 1040. In December 2010, the Committee of the Parties elected fifteen independent 

experts 608 , this being the maximum number of members. Serbia’s representative was not 

among the elected. 

606 

http://www.coe.int/t/dghl/monitoring/trafficking/Docs/Monitoring/GRETA_en.asp#TopOfPage 

607 

ASTRA nominated prof. dr Violeta Beširević, whereas NGO Atina and the International Migration Organization nominated doc. dr Slađana 

Jovanović. Both candidates are professors at the Law School of Union University in Belgrade. At the proposal of Victimology Society of Serbia, 

the third candidate was prof. dr Vesna Nikolić Ristanović, professor at the Faculty of Special Education and Rehabilitation and the president of te 

Victimology Society of Serbia. 

608 

The GRETA members elected in December 2010, whose mandate started on January 1 st 2011 were: President Nicolas Le Coz (France), First Vice- 

President Gulnara Shahinian (Armenia), Second Vice-President Davor Derenčinović (Croatia). Other GRETA members are from Bulgaria, Malta, 

Cyprus, Moldova, Norway, Slovakia, Denmark, Portugal, Austria, Albania, Romania and the Netherlands. 


Recommendations for the Harmonization of human 

Trafficking Legislation with EU Regulations and 

Standards Set Out in the the Protocol and CoE 

Convention 

General recommendations 

• Revise the Strategy to Combat Trafficking in Human Beings in the Republic of Serbia 

in a participative and transparent process in such a way as to specify timeframe of 

the validity of the Strategy, to dedicate one section to the protection and programs 

for the victims of child trafficking and specify in detail the responsibility of all antitrafficking 

actors. 

• Based on the revised Strategy to Combat Trafficking in Human Beings in the Republic 

of Serbia, adopt regular annual national action plans in this area and develop 

mechanism for the monitoring and evaluation of their implementation. 

• Establish the institute of the National Rapporteur on human trafficking 

• Plan and allocate a budgetary line in the budget of the Republic of Serbia for the 

protection of victims, the prosecution of perpetrators and the prevention of 

human rafficking. 

• Ratify International Convention on the Protection of Rights of All Migrant Workers 

and the Members of Their Families. 

Legislation 

• Pass as soon as possible legislative measures that would regulate the issue of shelter 

for trafficking victims, in particular with regard to the accommodation of children – 

victims who are foreign nationals. 

• Amend Article 388 of the Criminal Code of Serbia in order to explicitly provide that 

the consent of a trafficking victim to the exploitation, actual or intended, shall be of 

no relevance where any of the means specified in this Article has been used. 

• In Article 388 CCS it should be stressed that victim’s acceptance to exploitation is 

irrelevant to criminalizing the offence aggravated by client’s responsibility as is clearly 

stated about other forms of the offence (in case of the basic form envisaged by par. 1, 

or when the offence has been committed against a juvenile, by a person who is involved 

in human trafficking or by a group of several persons or organized criminal group). 

• The incrimination of Article 388 should include the following elements: abduction 

and fraud should be established as means of committing the offence; the fact that the 

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RECOMMENDATIONS 

offence of human trafficking has been committed by a state official performing official 

duties, or when the victim’s life has been exposed to danger deliberately or by gross 

negligence during the committing of the offence should be envisaged as aggravating 

circumstances; the offences committed in an extremely brutal or degrading manner 

should be criminalized, so that the offence might be considered as “endangering the 

life”, and the demand set forth by the CoE Convention regarding the definition of 

endangering the victim’s life deliberately or by negligence might be met. 

• Adopt legislative measures that would prevent traffickers to use the services of 

commercial carriers for transporting trafficking victims. 

• Article 388 CCS (trafficking in human beings) should be amended so that to prescribe 

the acts of concealing, damaging or destroying another person’s identity documents 

as constituent elements of the human trafficking offence. 

• Amend the Criminal procedure Act so that it envisages that trafficking victims may 

claim for compensation only in criminal proceedings in which way the need for civil 

suit will be eliminated. 

• Article 389 CCS should provide protection to all juveniles, in accordance with the 

standards set out in the UN Convention on the Rights of the Child, which defines a 

child as any person younger than 18 years of age. 

• Criminalize explicitly any attempted trafficking in juveniles for the purpose of 

adoption and start regarding as aggravating circumstance placing the child in danger 

of a substantial impairment of his or her physical or emotional development. Had this 

been done, the degree of protection would have been raised significantly and illegal 

adoption would have been discouraged. In line with this suggestion, the additional 

paragraph to Article 389 would be the following: Whoever by the acts referred to in 

paragraph 1 of this Article, places the child in danger of a substantial impairment of his 

or her physical or emotional development, shall be punished by imprisonment for six 

months to ten years. 

• Amend Article 184 CCS - Mediation in conducting prostitution in Paragraph 2 which 

address the issue of facilitating prostitution of juveniles so that all underage persons 

found in prostitution could be treated and assisted as trafficking victims since 

voluntary prostitution of children does not exist. 

• Consider the possibility to enable by a legal act the approval of residence to trafficking 

victims out of humanitarian (which is possible only pursuant to a bylaw, i.e. the 

Instruction for the Enforcement of the Law on Aliens) and charity reasons. 

• Amend the Law on Employment and on Unemployment Insurance in order to ensure 

the adoption and implementation of affirmative action measures that would enable 

trafficking victims easier access to the labor market. 


• Article 231 of the Criminal Procedure Act must be interpreted in accordance with the 

UN Convention, meaning that the term “property” should mean all assets, corporeal 

and incorporeal, movable or immovable, tangible or intangible, and legal documents 

or instruments evidencing title to, or interest in, such assets. 

• Amend the Health Care Act so that it explicitly envisages the right to free health 

protection for trafficking victims even without a required residence permit. We 

recommend amending the law in the following way: A victim of trafficking in human 

beings, even without a required residence permit, has the right to health protection 

covered from public revenue. 

• Amend the Health Care Act so that it explicitly provides the right to free health care 

for trafficking victims even if they do not have registered place of residence. 

• Urgently ratify the Council of Europe’s Convention on the Compensation of Victims 

of Violent Crimes which would make it possible for trafficking victims to claim 

compensation from the state for injuries or damage suffered as a consequence of 


Prevention 

• Design and implement policies aimed at reducing poverty and social exclusion, and 

consequently at reducing vulnerability to human trafficking among rural women, 

Roma women, unregistered and undocumented women, women with disabilities, 

women – refugees and IDPs who are exposed to multiple discrimination. 

• Start with the implementation of the recommendations of the CEDAW Committee to 

the Republic of Serbia, in particular: 

a. Provide training and retraining to unemployed women, including marginalized 

groups of women, credit to women entrepreneurs and to those who wish to set up 

their own business and social security benefits for unpaid family helpers. 

b. Prevent systemic indirect discrimination against women in the area of employment. 

c. Work intensively on the elimination of all forms of violence against women and 

children, in particular family violence. 

d. Design and implement anti-trafficking activities through a human rights-based 

and gender-based approach. 

• Aim prevention activities at groups of children at risk and at factors that lead to 

trafficking and exploitation of children, through information-sharing, peer education, 

economic empowerment, registration of children, education, improvement of 

basic living conditions of vulnerable groups, as well as through the improvement of 

decision-making skills and capacities of children and adolescents. 

• Include Roma community and Roma non-governmental organizations in all 

mechanisms of operation aiming at suppressing and preventing trafficking in people. 

366


• Work systemically on child trafficking prevention, preferably through formal 

education system, intensify efforts to raise awareness of both parents and children 

about the problem of human trafficking; work on the awareness raising and capacity 

building of persons who work with children, first and foremost in the area of human 

trafficking prevention. 

• Work out and implement coordinated systemic programs of human trafficking 

prevention at all levels that would be continuous and balanced in terms of time and 

territory and intended for general public, broader circle of professionals and groups 

at risk. 

• Take legislative and other measures aimed at discouraging demand for sexual and 

other services that may lead to human trafficking. 

• Examine a correlation between human trafficking and sex work and initiate a public 

debate about sex work that would include all relevant actors. 

• Within trainings on the problem of human trafficking for police officers, pay special 

attention to differentiating between human trafficking and similar offenses, as practice 

so far shows that, due to lack of experience and insufficient education, as well as due 

to the lack of evidence, the police and the prosecutor’s offices often raise charges for 

other offenses, but not for human trafficking. 

• Include into education programs for police officers and other public services the 

assessment of security of trafficking victims as a regular topic. 

• Design programs for prevention and assistance to the victims of labor exploitation. 

• In the field of labor and employment, sign bilateral, i.e. multilateral agreements 

on employment between Serbia and other countries aimed at human trafficking 

prevention. 

• Establish permanent and proactive cooperation of experts and the media aimed at 

the protection of the best interest and integrity of trafficking victims, as well as at 

informing the public for the purpose of human trafficking prevention. 

• Conduct participative and action analyses and surveys aimed at timely identification 

of trends, recruitment methods and causes of human trafficking. 

• Conduct the analysis of effects and quality of prevention activities carried out to date, 

as well as the analysis and research of causes and hot spots for human trafficking in 

the Republic of Serbia, alongside with defining target groups and their needs, for the 

purpose of designing as effective as possible prevention programs. 

• Create a political climate in which it would be possible to implement measures for 

strengthening an independent civil society. 

• Design the indicators for monitoring the implementation of projects in the field of 

human trafficking by the state and mechanisms for the monitoring and evaluation of 

effects and cost efficiency of these projects. 



• Define indicators for the identification of children and adult victims in all phases of 

human trafficking and design new methods that would facilitate self-identification of 

(potential) victims. 

• Adopt a document on minimum standards in the provision of assistance to trafficking 

victims in all phases of assistance provision and on procedures for the operation of 

relevant actors that would be based on the principles of respect for victim’s will, her/ 

his best interest and non-discrimination. Based on those standards and procedures, 

all anti-trafficking actors should sign a memorandum of understanding. 

• Consider the transformation and reorganization of the Agency for Coordination of 

Protection of Trafficking Victims and examine the need for restoration of the Mobile 

Team with an aim to improve its work and provide more adequate response to 

victims’ needs. 

• Develop and establish special programs for child trafficking victims that will include 

of phases of care, from identification to reintegration and that would be based on 

UNICEF Guidelines for Protection of the Rights of Children Victims Trafficking In 

Southeastern Europe and empower professionals to apply these measures and new 

legislation in the field of the rights of the child. 

• Systematically solve the problem of urgent care for children victims of trafficking, 

including the training of foster families and the identification of trainings and work 

on the sensitization of employees at child-care institutions, and develop specialized 

reintegration programs for children. 

• Persistently enforce legal possibilities and court and other proceedings in order to 

prevent revictimization of trafficking victims. 

• Specify the duration of reflection period, i.e. the period necessary for the first 

stabilization of the victim after she/he has survived a traumatic experience, and apply 

it persistently. 

• Design a procedure for regulating personal documents for domestic nationals in 

cases when they do not have permanent residence, with full respect of privacy and 

protection of victim’s identity. 

• Amend the existing Law on the Protection Program for Persons Participating in the 

Criminal Proceedings, adopt appropriate measures aimed at protecting the integrity 

of trafficking victims and train members of the Witness Protection Unit for work with 


• Introduce procedures for mandatory collection of information on safety and 

reintegration possibilities in the country of origin, i.e. introduce procedures based on 

which feedback information would be received on assistance provided after victim’s 

return to the country of origin. 

368


• Develop and implement state-run programs of long-term reintegration for trafficking 

victims, adjust them to existing reintegration programs and make them available in 

all mixed/combined cases. 


ASTRA SOS HOTLINE AND DIRECT VICTIM ASSISTANCE PROGRAM MARCH 2002 – DECEMBER 2010 

Annex 1 

ASTRA SOS HOTLINE AND DIRECT VICTIM ASSISTANCE PROGRAM 

March 2002 – December 2010 

From 1 March 2002 to 31 December 2010, ASTRA received a total of 12039 calls 

from 2390 clients. 351 persons were identified and/or assisted as victims of human 

trafficking, of whom 134 were children. 

ASTRA SOS Hotline and Direct Victim Assistance Program was launched in March 2002. 

ASTRA SOS Hotline is the first and still the only hotline service on the territory of Serbia 

specialized in providing assistance to victims and preventing human trafficking. 

In the area of prevention, the citizens can find out more about the problem of human 

trafficking and obtain preventive information, such as data about the possibilities for legal 

education and work abroad and legal advice in relation to employment. This includes 

examination of the legality of the employer, destination and the offered employment 

contracts. For now, the citizens of Serbia can obtain this type of preventive assistance 

only in ASTRA. 

Apart from preventive work, ASTRA SOS Hotline helps us get in touch with the victims of 

human trafficking. The main goal of our work is providing adequate psycho-social support 

in the reflection period and a long-term assistance during the recovery for the purpose of 

a successful (re)integration. 

During the last four years, ASTRA has focused its work on the development of the activities 

in regard to the (re)integration of victims of human trafficking, which have been realized 

since 2007 within ASTRA Daily Centre. In September 2006, the preparations began for its 

opening, and in January the next year, it was open for clients. A larger part of the activities 

in ASTRA Daily Centre deals with the (re)integration program, while certain activities 

are concerned with prevention work. The (re)integration program is very complex, very 

individual and relates to numerous aspects of our clients’ lives. The main objective is to 

support and strengthen victims of human trafficking and their families. 

Since the ASTRA SOS Hotline and Direct Victim Assistance Program has been established, 

ASTRA Mobile Team for actions on the field has also been active. The Team’s main task is 

to monitor the clients in the field from the moment of their identification until the end 

of the recovery and (re)integration processes and help them to successfully overcome all 

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ANNEX 1 

the administrative and other obstacles that are in the way of exercising their fundamental 

civil and human rights. The activities of the Mobile Team are connected with the work 

of the SOS Hotline and they are an inevitable segment of ASTRA’s work in the field of 

providing direct assistance. 

The ASTRA SOS Hotline and Direct Victim Assistance Program is realized through: 

Basic – primary activities: 

I. SOS calls 

II. Direct assistance to victims of human trafficking 

III. SOS database 

Other – secondary activities: 

I. Cooperation with institutions 

II. Cooperation with partner organizations in Serbia and abroad 

Since 2010, ASTRA SOS Hotline has been open 24h every day of the year. Before that, the 

working hours have changed more than once: a in different periods SOS hotline worked 

from 2pm to 8pm and later from 9am to 6pm. Namely, since the number of calls to the 

SOS hotline during the day varies, the working hours have also been adjusted earlier, i.e. 

extended and changed according to those data. The practice of ASTRA SOS Hotline has 

shown that the greatest number of calls is taken in the morning. In other words, we get 

in touch with the representatives of institutions most frequently in this period of the day, 

which is expected, considering the fact that many of the agencies that are significant for 

providing assistance work from 9 A.M. to 3 P.M. Additionally, some of them also deal with 

field work (e.g. social workers), which is why it is often necessary to contact them earlier 

in the morning. On the other hand, the phone calls made by clients are relatively equally 

distributed during the day. The daily statistics of the number of phone calls shows that 

they are significantly scarcer after 6 P.M. However, the call dynamics during the nonworking 

weekdays and organizing (urgent) interventions pointed to the need that SOS 

team should always be available, and the work of the SOS hotline was organized in 2010 

according to this. 

Since 2007, the number 0800 101 102 which is toll-free for clients on the territory of 

Serbia has also been operating. 

Since 2006, the usage of the official cellular phone has been established with the number 

which is identical to the number of the landline: (+381 65) 33 47 817 and which is also 

available 24/7. Introducing this number was necessary because of the actions on the field 

which form a constituent part of the activities realized by ASTRA’s Mobile Team. 



There are ten consultants engaged in the ASTRA SOS Hotline and Direct Victim Assistance 

Program. Having in mind the scope and complexity of the work in this Program, the team 

has been gradually expanded. The activities the consultants perform are very demanding 

and can be exhausting in relation to the work and psychological capacities. This is why 

since 2007, a periodical therapeutic group and individual supervision of the SOS team 

have been carried out. The goal of this specific form of professional training is, on one 

hand, maintaining a certain standard, and, on the other hand, improving the position of a 

consultant in order to prevent burnout. Supervision enables acquisition of a skill for using 

the adaptive mechanisms and overcoming stressful situations in work with (potential) 

victims of human trafficking in SOS Hotline and the Daily Centre. 

2010 

• Through SOS Hotline, ASTRA received 1812 phone calls from 348 clients. Of these, 

37 victims of human trafficking have been identified, who have been provided with 

medicinal, legal and psychological assistance. 

2009 




2008 




2007 




2006 




2005 




2004 




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2003 




2002 

• ASTRA SOS began work in March 2002, along with the campaign “Open Your Eyes”. 

During that first year of work, there were 433 phone calls made by 144 clients, 

assistance has been provided for 32 victims of human trafficking. 

I SOS PHONE CALLS 

NUMBER OF CALLS 

Since the first phone call in March 2002 until December 2010, there were a total of 12039 

calls received from 2390 clients. 

Chart 1 Number of calls by year 

By reviewing the frequency of calls in Chart 1, we notice that the number of calls received 

through ASTRA SOS Hotline on a yearly basis in the first five years of work was constantly 

increasing. The number of received calls significantly dropped in 2008. In order to explain 

such call dynamics, it is important to mention that, because of the shifts in the position 

of the National Coordinator for Combating Human Trafficking, the Republic of Serbia 

did not have a coordinator during 2008 and that the new person was appointed to this 

position in the late 2008. Additionally, in the same year, the parliamentary elections were 

held in Serbia, which is why there was neither a political climate nor political will for 

dealing with the problem of human trafficking. For new identifications, as well as for selfidentification 

of victims of human trafficking, it is necessary that the very topic be present 

and existing in social life, and at the time, human trafficking was out of public focus. In 



2009 and 2010, the situation changed, which can be seen in the number of calls received 

through the SOS Hotline. 

The data about the number of calls are very illustrative in the sense of connection 

between the number of calls to ASTRA SOS Hotline and the large-scale media campaigns 

that ASTRA realized in the previous years. The former practice of ASTRA SOS Hotline 

confirms the rule that in the periods when ASTRA’s videos are being broadcasted, the 

number of calls increases up to 100% and that, apart from other factors that influence 

this, it was also reflected in the number of calls in the next year (2009). On the other 

hand, the absence of engagement in this field also means lesser visibility of the problems 

of human trafficking for broader public and it has a completely contrasting effect on the 

number of calls (2007). 

After the completion of the campaign “Trafficking in Children – Our Reality”, which was 

realized with the support of Save the Children UK, in November 2006 an increase was 

recorded by 40.3% in the number of calls that included children. 

This was followed by a break and then, two years later, in 2008, the campaign “Naked 

Facts” was conducted. The period of media inactivity on a scale that is implied by a 

comprehensive campaign, is, apart from those already mentioned, one of the reasons of 

a slight decrease in the number of calls in 2007 and their significantly smaller number 

in 2008. Chart 2 shows the direct effects of the campaign, in the months after the 

broadcasting of the promotional material. 

Chart 2 - Number of calls during and after the campaign “Naked Facts” in 2008 

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ANNEX 1 

Chart 3 shows the number of new clients on SOS Hotline per year. By comparing these 

data with the number of the received calls on a yearly basis, we notice that there is a 

certain correlation in their changing. 

Chart 3 - Number of new clients by year 

Of the total number of calls received through ASTRA SOS Hotline during nine years, they 

most frequently included a direct contact with a client (5813). When considering frequency, 

this number is followed by phone calls to institutions (1530) and parents (1309). Apart 

from this, ASTRA received 1034 calls from non-governmental organizations, 196 from 

friends of the victims of human trafficking, 381 from their relatives and 147 calls from 

partners of the victims of human trafficking. The citizens have turned to us through 773 

calls, and 856 calls were conducted with professionals who provided help to victims or were 

from different reasons in contact with them (psychologist, lawyer). On two occasions, the 

traffickers themselves called ASTRA SOS Hotline, in order to get information about the 

location of the victim and influence him/her, which is not unexpected, especially during 

the preliminary investigation and later during the trial (Chart 4). 

Chart 4 - Who made a call 



Out of 12039 calls received in the period 2002-2010, 9338 were initiated by females, 

while in 2701 (39.4%) cases ASTRA was contacted by a male. 

STRUCTURE OF CALLS 

Calls received to ASTRA SOS Hotline are divided into three main categories and presented 

in Chart 5. 

Chart 5 - Types of calls 

The first group consists of calls directly connected to human trafficking (Chart 6), and 

there were 63% (7593) of them out of the total number of calls during the reporting 

period. The second group consists of preventive and educational calls (Chart 7) – 15.74% 

(1895), while the third is related to other calls (Chart 8), whose share in the total number 

was 21.12% (2551). 

Chart 6 - Calls directly connected to human trafficking 

The group of calls directly connected to human trafficking consists of calls related to 

reporting on trafficking – a total of 681 (9%) received calls, reporting on the location of the 

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ANNEX 1 

victim and/or trafficker – 401 (5.3%), post festum calls, which are the most numerous – 

4590 (60.4%) and calls related to reintegration and support to victims of human trafficking 

– 1921 (25.3%). 

Upon receiving calls that report on trafficking, all available data on the victim are being 

transferred to institutions, non-governmental and/or international organizations relevant 

for the case. 

From 2002 to 2010, the citizens made 401 calls to ASTRA SOS Hotline in order to 

communicate their knowledge about the locations of the victims of human trafficking/ 

traffickers. The data about the cases of human trafficking or exploited persons were in 

this way also communicated to us by other (local) non-governmental organizations, that 

are not specialized in the issue of human trafficking or have only been referring victims 

directly to the SOS Hotline. Data about the locations where the victims or traffickers are 

suspected to be stationed are being referred to the police. 

As noted in recent years, the exploitation is no longer taking place through the 

established pattern where girls are being physically abused in bars where they are forced 

to engage in prostitution. Traffickers use more subtle methods that conceal exploitation, 

which is often presented as a choice of the victim her/himself, and so for the police, and 

especially for the citizens, it is more difficult to recognize the situations behind which lies 


The third type of calls, the so-called post festum calls are related to contacts made 

with persons who succeeded in freeing themselves from the trafficking chain and who 

are provided with different aspects of assistance (health, psychological, legal, material, 

etc.), as well as support through inclusion in the (re)integration program in ASTRA Daily 

Centre. In this phase of cooperation with the client, the provision of the urgent types of 

assistance has been completed and a satisfactory degree of stability of her/his mental 

and physical condition has been achieved in relation to the condition that she/he was 

found in on identification. The court proceedings, if instituted, are still in progress. 

Considering the fact that in ASTRA’s programs a special emphasis is put on the activities 

directed towards the victims in the recovery period and that we keep in touch with 

them for a long time after their leaving the trafficking chain, an increase is expected in 

the number of both post festum calls and calls related to (re)integration and support 

to victims of human trafficking (1921 calls), in proportion with the number of clients 

included in ASTRA’s (re)integration program. Calls fall within the category of calls related 



to (re)integration and support to victims of human trafficking (earlier, post festum II calls) if 

they are made by persons who were or are still in the (re)integration program, but who are 

still not participants in the court proceedings (whether the case has not been prosecuted 

or the criminal proceedings have not been completed) 609 . 

Chart 7 - Preventive and educational calls 

In the group of preventive and educational calls, 1895 calls were received, which is 

15.74% of the total number of calls. 

Of this figure, 405 (21.37%) calls were related to the information about ASTRA, 306 

(16.15%) to the information about going abroad, 636 calls (33.56%) were related to the 

information about employment agencies, and 548 (29.48%) were related to potential 

victims, that is persons in risky environment. 

On a yearly basis, there are always rhythmical oscillations in the number of calls, which 

are a consequence of seasonal migrations. Seasonal migrations are most reflected in the 

number of preventive and educational calls, although, to a lesser extent, they also affect 

the number of calls from the first group, calls related to human trafficking. In the period 

March-June and the end of the year, a particular increase is recorded in the number of calls 

related to going abroad and, most often, looking for employment through job brokering 

agencies. In spring months, there is a big interest in seasonal work on plantations, farms 

and construction companies, which are all the more attractive because attractive tourist 

destinations are in question. In recent years, numerous “Work and Travel” programs have 

been developed (among which au pair offers are frequent) offering both education and a 

job, which is very attractive and suitable for young people. 

Practice has shown that the factor of repeating calls when it comes to clients who address 

us preventively is much lower in relation to calls that are directly connected to human 

trafficking. The reason is the very nature of calls, i.e. in this way clients primarily call to 

609 

“Types and categories of calls”, Manual for Work on SOS Hotline For (Potential) Victims of Human Trafficking, NGO ASTRA Experience, ASTRA, 


378

ANNEX 1 

obtain information, and do not need, save for maybe legal assistance and examination of 

a contract, additional assistance. If we keep in touch with a client in the first period of her/ 

his residence in the new environment and new job, it is usually a shorter time period, up 

to two months, and so long-term assistance is not necessary in this sense. 

However, when working with clients who are potential victims 610 , the contact is very often 

maintained even longer because getting out of a risky situation may last for a very long 

time, especially because the person at risk usually does not consider it dangerous. 

The term “potential victim” is used in two situations: 

1. A person for whom, based on the available information, we can assume, but not with 

certainty, that she/he is a victim of human trafficking, and with whom it is impossible 

to conduct an interview, and the like, we consider a potential victim. 

Knowledge about potential victims is indirect, i.e. parents, friends and other persons 

who report such cases have certain knowledge about the missing person, such as, for 

example, the ad to which she/he answered (way of recruiting), with whom she/he 

was in contact, whether she/he had legitimate travel documents (with a visa) or not, 

whether and who she/he called in the meantime, what kind of impression was gotten 

about her/his general condition and situation, and the like. 

2. Potential victims are considered to be all those persons who find themselves in familiar 

patterns of recruitment or in the environment of well-known traffickers. 

A number of citizens call us in order to obtain information about ASTRA. There were 75 

(40.41%) such calls. These calls were made mainly by students or, even more often, 

persons who have just graduated and are interested in additional education. Besides 

interest in ASTRA’s work, programs and activities undertaken in relation to human 

trafficking, the reason for calling is usually a wish to volunteer in our organization and get 

educated, and so, in this sense, they are most interested in the possibility of participating 

in ASTRA’s training for work on SOS Hotline. 

The largest number of calls (135, i.e. 33.46%) within preventive and educational calls is 

related to the examination of the employment agencies in the country and abroad. During 

2008 and 2009, calls from this category included examination of catering jobs in hotels 

and transatlantic ships, flight attendant jobs and jobs of medical technicians / nurses, as 

well as au pair offers. The most common destinations are several locations in the United 

Arab Emirates and America, while au pair jobs for which they contacted us were present 

in almost all European countries. 

Apart from that, the citizens also contacted us for verification of offers for seasonal jobs 

on plantations, as well as drivers’ jobs, work in oil rigs and construction jobs. Seasonal 

jobs are equally offered to women and men, while construction jobs are mostly offered 

610 

Manual for work on SOS telephone for (potential) victims of human trafficking, Experience NGO ASTRA, ASTRA, Belgrade, 2010. 



to males and in the recent years these construction sites were most frequently in the 

countries of the Caucasian region. 

A significant part of this group of calls was related to au pair offers. The jobs that consist 

of taking care of children abroad are a usual part of the program of the tourist agencies 

which are not registered as job brokering agencies, but are allowed to offer this sort 

of jobs. That segment of employment, which has been, judging by the data from the 

SOS Hotline, very attractive to young girls from our country in recent years, is not 

legally regulated to a sufficient degree, and so leaves much space for manipulation 

and deception. 

Besides au pair programs, young people are very interested in “Work and Travel” programs, 

and so one part of the calls was related to obtaining information about education and 

work in the United States within the existent programs that are offered by many agencies 

in Serbia. 

It was noted that persons who look for a job often reach an employer without a mediator, 

but through a competition on an internet presentation of a company that offers 

employment. Although these are big and sometimes world renowned companies, which is 

why persons who called SOS Hotline assumed that the possibility of deception is smaller, 

they still wanted to get additional information and take certain precautionary measures. 

In such cases, there is no mediator between the client and the possible employer, but 

the application is filled in online, on the web page of the company, or the CV is sent 

to a certain address. After that, the first more direct contact is established through a 

telephone conversation or the company sends its representative who conducts interviews 

with clients who passed the first round of the competition. Later, the administrative part 

follows, i.e. collecting data and signing the contract. In the last two years, the persons who 

contacted us and whom we monitored through these procedures were mainly satisfied 

with the treatment they had since they accepted the job. Still, before entering upon office 

they wanted to keep in touch with us and they wanted us to follow the employment 

process step by step. 

In this type of calls, ASTRA provides the client with as much feedback as possible. One 

of the basic peaces of information is the information about owning a license for work 

which are since 2007 issued to the employment agencies by the Ministry of Economy 

and Regional Development (since 2004 the licensing for discharging this function was 

in the jurisdiction of the Ministry of Labor and Social Policy). Aside from that, ASTRA’s 

lawyers can conduct a legal analysis of the contract given to the client in the written form. 

A special attention is paid to the clauses of the contract that can be detrimental for the 

client, and because of which there is the possibility of additional legal consultations with 

lawyers that ASTRA engages. 

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The destination is also verified, if it is known (obtaining information about the employer, 

i.e. the company or school), and data are also obtained and checked about the agency or 

company that represents the employer in Serbia. It is also checked whether the employer 

is actually located in the said address, whether the contact information is true (address, 

the name of the authorized person and the like), whether it actively conducts business 

and whether the position/education program offered to our client actually exists. The 

data are most often being checked through networks and organizations that we are 

members of and with whom we cooperate. At the institutional level, besides through 

the data about owning a license, there still does not exist a mechanism which verifies the 

potential employer. 

Calls related to information about going abroad legally to study or for other reasons 

accounted for 16.15% of the total number of calls from this category. Persons whose calls 

fall within this category call us in order to get information about different procedures 

and instances relevant when going abroad. The reasons for traveling in the last two 

years, apart from work, were: visit, tourist visit, prize trip, interest in different exchange 

programs and other. 

We inform the clients who call for this purpose about the entire process of preparing for 

going abroad in detail (we provide information about preparing documents, procedures, 

visas, contacts of the embassies or consular offices in the foreign country, contacts of 

the non-governmental organizations in the destination country that can be useful) and, 

if there is a need, and at the client’s request, we keep in touch with them during their 

stay in the foreign country, until the moment when it is evident that their safety is not 

compromised (that part of assistance to clients partly overlaps with the practice which is 

implemented in calls related to employment). 

Through SOS Hotline, 548 calls were received related to potential victims of human 

trafficking. They refer to maintaining, as far as it is possible, regular contact with the 

person who is in a risky and/or criminogenic environment of people for whom it is wellknown 

that they engage in human trafficking or who is close to persons who dwell in 

these circles. Because of such contacts, a child or an adult is constantly in danger of 

ending up in the trafficking chain. As a rule, a potential victim does not consider her/ 

himself vulnerable and it is common that a person who is close to her/him or a member 

of the family contacts us through SOS Hotline. 

Monitoring clients in danger is carried out through ASTRA SOS Hotline, but also through 

their inclusion in different activities of the Daily Centre. Since these are most often 

persons who live in difficult material conditions, do not have access to the educational 

or health system, suffer some form of violence or negligence, measures of protection 



and support are taken through the Daily Centre, they are included in the programs of 

(continuance of) education and the social welfare system, economic empowerment, they 

have access to medical and psychological assistance and other forms of help, depending 

on the individual needs. 

Regular clients in ASTRA Daily Centre are children from homes for children without 

parental care from the territory of Belgrade. With these children, especially after leaving 

the home (which usually happens when the child turns 18), it has been noticed that it is 

more probable that they will find themselves in a dangerous situation. Upon leaving the 

home, they become independent and they have to find a job and an apartment; they 

change their environment completely. These are potentially very risky situations, which 

is exactly why through a telephone contact or in the Daily Centre, they are provided with 

support and information and they are directed towards safe contacts that would be able 

to help them in the process of becoming independent (youth cooperative with which 

ASTRA cooperates). 

Chart 8 - Other Calls 

Of the total number of calls, 2551 (21.12%) are other calls. In this category, a large number 

of unspecified calls are singled out, a total of 1510 (59.19%). This category is very broadly 

understood, because it encompasses all calls by the citizens in relation to various problems 

which, with the help of institutions or agencies known to them, they did not manage to 

solve. Also the citizens often do not know, in a certain phase of solving their problem, 

whom they should turn to, nor within whose jurisdiction falls the solving of the concrete 

issue. From SOS Hotline, they are most often referred to specialized agencies or nongovernmental 

organizations that could maybe provide them with assistance or information. 

A significant number of calls in this group is related to contacts with persons who have 

in previous years been identified as victims of human trafficking, but now our contact, by 

its nature, is no longer concerned with the issue of human trafficking, nor with the (re) 

integration program or ASTRA’s monitoring. Specifically, the clients occasionally contact 

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us for possible assistance or support in solving their current problems and then we refer 

them to other organizations or persons that might be of help to them. 

We received a total of 625 calls (24.5%) related to domestic violence. The issue of 

domestic violence is very present in the media and there are very often campaigns that 

encourage citizens to support building of facilities, i.e. safe houses intended for victims 

of human trafficking. At the same time, the organizations dealing with this problem are 

rather visible, and so the reason for reporting domestic violence on the SOS Hotline 

intended for combating human trafficking is not easy to identify. On one hand, from 

the conversations with clients it is clear that in a number of calls, it is the case of lack 

of information, i.e. people simply call the first SOS Hotline whose number is available 

to them, not having in mind its specific purpose. The other reason, recognized also 

based on the conversation, lies in the fact that some of these persons asked for help 

because they were not adequately treated or the provided help was insufficient or not 

provided at a proper time. By calling ASTRA, they tried to get help or information about 

alternative solutions. In these situations, ASTRA’s intervention implies providing help to 

victims of domestic violence in making contact with the authorized institutions and nongovernmental 

organizations whose focus of work is on domestic violence. 

In the group report of a missing person, related to disappearance of adults who did not 

disappear in the war zone, 319 calls were received (12.5%). The situation related to 

possibilities for help in finding these persons did not change much in the previous years. A 

very small number of organizations deal with search for adults, both in our country and in 

Europe. Further searches are conducted by the Red Cross Federation, but besides that, the 

families are also completely referred to the police, which cooperate with the Interpol. The 

situation is a little more different when missing children are in question, because in Europe 

and the world there is a greater number of organizations that deal with this problem. 

If until that moment they have not reported the disappearance to the police, they are 

advised to do that immediately. Depending on the circumstances of the disappearance, 

we inform non-governmental organizations which use their activities to cover the territory 

on which it is suspected that the person is located or where the person was last seen. In 

the case of adults, the measures taken for the purpose of search are limited because one 

of the initial assumptions is often that leaving family is a voluntary decision of an adult. 

Although the circumstances most often do not indicate that human trafficking is in 

question in those cases of disappearance. ASTRA provides the families of the missing 

persons with logistic support and contacts with organizations whose work is closely 

connected with this problem and which might provide more concrete forms of assistance, 

primarily because there are no specialized agencies and non-governmental organizations 

that could help them. 



We have also recorded attempts of abuse of the services provided by ASTRA SOS Hotline 

(68 calls). Two calls were made by human traffickers who in this way wanted to find out the 

location of the victims during the investigating procedure, we assume, so that they could 

influence them to change their statement. Also, there were attempts to make contact 

with ASTRA so that the victim would be represented as a person prone to committing 

crime, and in this way demean her/him personally, as well as her/his statement. 

In the previous years, 14 threatening and 15 calls of lascivious/frivolous content were 

received. Threatening calls appear immediately after identifying the victim and are most 

often more intensive in the period before the beginning and during the trial, and are made 

by traffickers, their friends, relatives or lawyers that represent them. 

II DIRECT ASSISTANCE AND SUPPORT TO VICTIMS OF HUMAN TRAFFICKING 

In the period March 2002 – December 2010, ASTRA SOS Hotline identified and/or assisted 

351 victims of human trafficking (Chart 9). In contrast to the number and structure of calls 

which are mostly a consequence of awareness raising activities that ASTRA undertook, 

the number of identified victims is also influenced by other factors. Specifically, besides 

the visibility of ASTRA and the availability of the information about ASTRA SOS Hotline 

and services provided by it, what is also important is the trend of institutions being closed 

for cooperation, which we occasionally encountered, and which led to a less frequent 

referral of victims to assistance programs available in ASTRA and made the cooperation 

difficult. Such relationship between institutions has largely changed during 2009, after 

appointing the national coordinator in the late 2008, although the fundamental problems 

still have not been solved. 

Chart 9 - Number of victims of human trafficking 

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Out of the total number of the victims who have been provided with assistance, 217 

persons were of age, while in 134 cases, these were children victims of human trafficking 

(Chart 10). 

Chart 10 - Identified victims of human trafficking by age 

Recruitment of children is a trend present since 2004, although it took several years for it 

to be recognized as a general trend in the field of human trafficking (2002–2003 – 10%; 

2004–2005 – 44%; 2006–2007 – 45%; 2008 – 50%; 2009–2010 – 29%). The average 

age of children identified in the period 2002–2010 is 14.7 years of age. This average was 

gotten on the basis of the data for 108 children. 

Persons who were during the previous nine years identified as victims of human trafficking, 

mainly lived in urban settlements. In fact, according to the available data (for 36% of the 

total number of victims we currently do not have that information), 69.64% (156) of the 

total number of victims in the period 2002–2010 came from urban settlements, while 68 

(30.36%) of them came from a rural settlements. 

When talking about the previous experience of violence, we do not have that information 

for 143 persons (40.74%) of the identified in 2002–2010, but out of 208 of them, for 

whom we do have this information, no less than 157, i.e. 75.48%, were earlier, before 

the human trafficking experience, exposed to some form of violence (most often family). 

Out of the total number of the identified victims from the beginning of the work of SOS 

Hotline until the end of 2010, 49.61% of victims who came from Serbia had earlier 

experiences of violence, while 17.56% of them were not exposed to it. However, for 

32.82% of victims we do not have this information. 

When it comes to foreign nationals, we have this information for only 44% of victims, 

but the number of those who were abused prior to falling victim to trafficking is also 

extremely high and amounts to 36% (only 8% of the victims from foreign countries 

reported that they had never been exposed to violence). 



A high percentage of victims about whom we do not have this information, neither 

some other information that would be significant for a statistical representation, is a 

consequence of the principles which ASTRA abides by in its work with victims. Specifically, 

after identification, we do not take information from the victim, that is, we never conduct 

an interview which aims to interrogate the victim and fill in a questionnaire. The person 

who leaves the trafficking chain is given an opportunity to decide her/himself when she/ 

he will talk about her/himself, and the sensitive topics, such as earlier experiences of 

violence, are addressed only in conversations started on the initiative of the victim and 

always in a longer period during the rehabilitation and reintegration processes. 

Out of 351 victims of human trafficking whom ASTRA identified and/or assisted during 

2002-2010, 40 (11.4%) of them were males, while in other cases these were women, i.e. 

girls (Chart 11). 

Out of the total number of the identified men victims of human trafficking, at the time of 

recruitment and beginning of the exploitation, 12 of them were boys, i.e. persons under the 

age of 18. Among 311 female victims of human trafficking, there were 122 (39.23%) girls. 

Chart 11 - Identified victims of human trafficking by gender 

The number of the citizens of Serbia in the total number of the identified victims (262) 

registered an increase since 2002: in 2002-2003 – 61%, in 2004-2005 – 71.11%, in 2006– 

2007 that percentage amounted to 73.9% (51). In the period 2008–2009 it amounted 

to 75.92% (41), while in 2010, out of 37 identified victims of human trafficking only 

one person was not a citizen of our country, which indicates that the victims identified 

through ASTRA SOS Hotline are most frequently citizens of Serbia (Chart 12). 

On the other hand, if we tried to observe a pattern in the number of foreign nationals identified 

as victims of human trafficking, that number was in decline since 2005, and their percentage 

in relation to the number of victims who came from Serbia was significantly smaller. In 2009, 

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there was an increase in the number of victims who came from other countries by 40%. 

However, it should be kept in mind that this information was formed largely because of ASTRA’s 

engagement on a big case of labor exploitation, where foreign nationals transited across Serbia 

towards the country of destination. The realistic number of victims in this case is much larger, 

but for now ASTRA was in the direct contact and provided help for only a smaller number of 

persons who were exploited in this case, i.e. only for those persons who are citizens of Serbia or 

who on returning to their country of origin passed through Serbia (Belgrade airport). 

Other: Albania, Belarus, Bosnia and Herzegovina, Bulgaria, Czech Republic, France, Croatia, Iraq, Armenia, 

Lithuania, Hungary, Macedonia, Slovakia, Slovenia, Uzbekistan 

Chart 12 - Identified victims of human trafficking by citizenship 

The foreign nationals who were identified as victims of human trafficking on the territory 

of Serbia in the period 2002-2010 came from Moldova (5%), Ukraine (4%), Romania 

(4%), nine victims came from Bosnia and Herzegovina, seven from Bulgaria, four from 

Hungary, three victims of human trafficking each came from Albania and Macedonia, two 

each from Uzbekistan, Czech Republic, France, Croatia and Slovakia, while one person 

each came from Belarus, Montenegro, Iraq, Armenia, Lithuania and Slovenia. 

Other: Albania, Bulgaria, France, Iraq, Macedonia, Moldova, Romania 

Chart 13 - Underage victims by citizenship 



The children identified from 2002 to 2010 (134 children) were largely citizens of Serbia 

(90.3%), while children foreign nationals came from Macedonia, France, Albania, 

Romania, Bulgaria, Moldova and Iraq (Chart 13). 

In the previous eight years, Serbia was the destination country for 51% of persons 

older than 18 years in the total number of victims that ASTRA identified (Chart 14). 

After Serbia, the most frequent destination countries are Italy and Azerbaijan, and then 

countries that are on the transit route towards Italy: Croatia, Bosnia and Herzegovina 

and Montenegro. For years, Italy has been statistically the most common country for 

the victims of human trafficking, while Azerbaijan appears as the destination country for 

labor exploited persons for the first time in 2009. The destination countries for a smaller 

number of victims over 18 years of age were Germany, Kosovo, while a smaller number 

of clients went towards Malta, Greece, Russia, Iceland and France. For eight victims it 

was impossible to determine the final destination because the chain of human trafficking 

was interrupted in the transport phase, i.e. transit through Serbia or before leaving the 

country when these were Serbian nationals, although in some cases this did not prevent 

the exploitation that existed before, in the home country and/or other transit countries. 

Other: Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Montenegro, France, Greece, Croatia, Kosovo, 

Libya, Hungary, Macedonia, Malta, Germany, unknown destination, Norway, Romania, Slovenia, Spain, 

Sweden, Russia, Iceland 

Chart 14 - Destination for adult victims of human trafficking 

Serbia was the destination country for 54.5% children in the same period (Chart 15). 

Other destination countries were very similar to the data concerning adults: Italy, 

Croatia, Bosnia and Herzegovina, Montenegro, Kosovo, Germany and for one child the 

destination was France. In two cases, we could not determine the precise data about the 

final destination. 

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Other: Austria, Belgium, Bosnia and Herzegovina, Montenegro, France, Greece, Croatia, Kosovo, Macedonia, 

Germany, unknown destination, Slovenia, Spain, Sweden 

Chart 15 - The destination for underage victims of human trafficking 

There has been a high percentage of victims citizens of Serbia who have been exploited 

internally, i.e. on the territory of our country. Out of the total number of children victims 

of human trafficking, 50% (67) did not cross the border of Serbia from the moment of 

recruitment until getting out of the human trafficking chain. When it comes to adults, 134 

persons were victims of internal human trafficking (25.81%). On average, a third of the victims 

identified through ASTRA SOS Hotline were victims of this form of trafficking (35.4%). 

The most common form of exploitation which victims of human trafficking are exposed 

to is sexual exploitation (74%), then follows labor exploitation, which takes up about 

11.67% of the cases identified through ASTRA SOS Hotline (Chart 16). 7.33% of the 

victims of human trafficking were exploited through forced begging. 5.67% of cases were 

trafficking which aimed at entering into forced marriage, while in two cases trafficking 

was carried out for the purpose of adoption. 

Chart 16 - Type of exploitation 



The above forms of exploitation do not always happen in isolation, and so sexual exploitation, 

as the most frequent one, in 4.3% of cases was combined, that is, occurred alongside other 

forms of exploitation (labor exploitation, forced marriage or forced begging). 

Chart 17 - Person who recruits 

Almost a third of the persons who performed recruitment (32.59%) were the victims’ 

acquaintances, i.e. they knew them quite superficially (Chart 17). However, especially 

when it comes to children, those who recruit are in high percentage: parents ((13.39%), 

cousins (6.25%), friend (4%), boyfriend/partner (16.51%). According to these data, the 

victims are most often recruited and sold by persons from their close environment, 

i.e. persons in whom, as a rule, they have the most confidence. 

Besides that, what is also significant is the number of cases when the victim has been 

recruited while looking for a job (21%) and sold by the employer. In a somewhat smaller 

number of cases (6.25%), the victim had never earlier had any contact with the person 

who recruits (e.g. they had been taken away on the street by strangers). Considering 

the fact that acquaintance and employer do not fall within the category of persons who 

are close to the victim, we may conclude that recruitment is more often performed by 

persons whom victims knew only superficially. This information is especially important 

for the prevention measures which can be taken and for the focus of these measures, i.e. 

it points to the situations that are potentially risky. We point out that when it comes to 

children, recruitment is more often done by persons in whom children have confidence 

and usually persons who should be taking care of those children. 

II.1 PROVIDED ASSISTANCE 

Assistance and support for ASTRA’s clients are being provided through different types of 

assistance and interventions that are often accomplished through actions on the field. 

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ANNEX 1 

Legal assistance 

During the last five years, ASTRA’s clients have been provided with 268 legal assistance 

interventions. The lawyers from ASTRA’s legal team were hired to represent victims in court 

proceedings conducted for the offence of human trafficking. Apart from the possibility of 

representation, the clients also have access to consultations with the lawyers from ASTRA’s 

legal team for the purpose of obtaining a legal advice or information about legal questions. 

The court proceedings, in which our clients participated as witnesses/injured parties, were 

conducted in Belgrade, Novi Sad, Pančevo, Bijelo Polje, Niš, Sremska Mitrovica, Vranje. 

Additionally, a number of trials, although they were not concerned directly with our clients, 

were monitored, because the indictment was based on Article 388 of the Criminal Code of 

the Republic of Serbia (until 1 January 2006, Article 111b CL RS). 

Also, support was provided during the entire court proceedings. The rules of work on 

SOS Hotline state that one consultant should always be present during every activity 

that relates to providing support or assistance to clients, which additionally prevents any 

irregularity in the treatment of victims. ASTRA monitored the processes in which our 

clients appeared as witnesses or injured parties, as well as cases which were related to 

exercising the rights of our clients, but were not directly connected to human trafficking. 

On the other hand, our lawyers also represented victims of human trafficking in 

proceedings that were not related to human trafficking. 

After completing the criminal proceedings, the clients are referred to litigation to claim 

compensation. Until today, only two proceedings have been completed. ASTRA provided 

those clients with lawyers and paid for court fees. Although providing all the preconditions 

for arrival of the foreign nationals and, especially, their safety in those occasions are issues 

that are not easy to solve, for one of them, who was a citizen of Ukraine, we managed to 

obtain financial support for travel expenses from OSCE Ukraine and to provide her with 

accommodation, as well as conditions that guarantee her safety during her stay in Serbia. 

The c ourt proceedings in which our clients appear as injured parties last extremely long, 

which has a multiply negative effect on victims of human trafficking and represents a 

sort of secondary traumatization. It is not uncommon that two or three years from the 

beginning of the proceedings that have still not been completed, and which require their 

frequent appearance before court, repeating statements and expert reports, the clients 

be extremely demoralized, especially having in mind that they want to leave those events 

behind them. 

In its work, ASTRA provides legal assistance to (potential) victims of human trafficking, 

offering them free legal analysis of the contract, support during the criminal proceedings, 



legal assistance if they decide on filing a complaint for compensation of damages. Clients 

have been delivered the analysis in written form with emphasis on the positive and 

potentially harmful clauses from the contract. These were very often bilingual contracts, 

in Serbian and English and often the contents in different languages were not identical. As 

the Middle East is a frequent destination, the contracts for employment on this territory 

also had a version in Arabic. The identicalness of all versions in all languages was tested 

and the clients were given the information about the discovered differences and the risk 

this imposes. Besides that, the logo of the employer in those versions was often not 

identical. Certain clauses implicitly put the employee not only in the relation of debt 

bondage, but also in some sort of isolation and deprived her/him of the possibility to 

leave the working facility and the country in which she/he is located (specifically, the 

clauses that were related to the personal documents, i.e. the passport of the employee). 

Psychological assistance 

ASTRA’s clients are provided with psychological assistance through individual work with 

a psychologist or psychiatrist, group therapies and psychological tests. 

Besides that, in the period 2006-2010, for 40 clients of ASTRA a total of 653 psychological 

assistances were carried out through individual work with a psychologist or psychiatrist, 

group therapies and psychological tests. 

In addition to the professional psychological assistance, the clients are also provided 

with support available through individual conversations with SOS consultants. Also, 

psychosocial support is provided in all phases of exercising their rights through 

institutional mechanisms (judiciary, social welfare centers, and the like). 

Medical assistance 

Within medical assistance, the clients are provided with: general and specialized 

examinations, laboratory tests, medicamentous therapy, as well as different forms 

of interventions aimed at treatment. ASTRA covered the costs of hospital treatment, 

especially when dealing with underage clients, when the hospitalization was necessary, 

and the person/child did not have a regulated health insurance at that moment. 

During the last five years, 29 clients were provided with 100 different forms of 

medical assistance. 

At the Institute for Forensic Medicine and the Infectious Disease Clinic of the Clinical 

Hospital Centre in Belgrade, various examinations were carried out for the needs of the 

court proceedings, and in order to record injuries suffered during exposure to violence 

in the chain of human trafficking, or the clients went to medical examinations for 

possible consequences of the suffered abuse. Specialist doctors who were contacted 

in these occasions were referred to the problem of human trafficking and sensitized for 

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a direct contact with victims, which is why, while providing medical assistance during 

examinations and treatment of our clients, there were no situations that would have a 

traumatizing effect. 

Technical and material assistance 

Technical assistance refers to the following assistances: transfer during repatriation or visit 

to institutions, covering travel expenses, accommodation in a shelter or finding alternative 

accommodation, and the like. They were realized by ASTRA Mobile Team. Clients were 

provided with transport from airport to home, when going to medical examinations and 

appearing at court. On several occasions during a shorter period of time accommodation 

was provided for persons who could not be accommodated in shelters (male victims of 

human trafficking) or had already used its services earlier, which was why, according to 

the policy of the organization managing it, they could not be accommodated there again. 

As a form of material assistance, clients were most often provided with basic food and/ 

or hygienic products. 

Actions on the field 

Since establishing ASTRA SOS Hotline and Direct Victim Assistance Program until the 

end of 2010, a total of 664 actions on the field were performed (Chart 18). 

Chart 18 - Actions on the field 

Save for the conversation through the SOS Hotline, another way of making and maintaining 

contact with ASTRA’s clients are actions on the field, which have that purpose as well and 

are extremely important as an opportunity to make direct contact with the client and 

build a stronger relationship based on trust. Additionally, there are numerous advantages 

in a direct meeting which has to happen in order to carry out the final identification. 



Through actions on the field, ASTRA Mobile Team provides support to clients by 

effectuating specific forms of assistance, offered within the ASTRA SOS Hotline and 

Direct Victim Assistance Program (medical, legal, psychological). The actions on the field 

refer to activities performed during repatriation of victims of human trafficking, and the 

contact we maintain with clients during the process of recovery is an indispensable activity 

when it comes to monitoring the clients, especially if they do not reside on the territory 

of Belgrade and are not daily, but through periodical visits, included in the program of 

reintegration that functions within the Daily Centre. 

The number of actions on the field is similar to the one in the previous two-year period. 

Considering the fact that the clients gather in the Daily Centre, the need for monitoring 

through actions on the field is smaller, and so they are realized mainly during the first 

contact with the (potential) victim or in order to meet clients who live outside of Belgrade. 

Chart 19 - Types of actions on the field 

Actions o n the field are performed in order to make personal contact with the clients 

or their cousins (222, i.e. 33.43%), monitor the clients during effectuating one of the 

available forms of assistance (136, i.e. 20.48%) and within (re)integration during the 

contact of the victim with other organizations and institutions (306, i.e. 46.08%) in 

order to effectuate different types of support that they offer (Chart 19). 

Clients are always informed that there is a possibility that a person from ASTRA be with 

them during the course of different procedures, above all as a psychological support, and 

then for assistance in administration which is sometimes very complicated. The past 

practice has shown that this type of assistance is always welcome for them and important 

as a reflection of trust in the employees in ASTRA and for the sense of security which they 

are yet to acquire. 

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III ASTRA SOS database 

All data about clients and carried out activities are, with the consent of the victim of 

human trafficking, collected and archived in the database. The database is a tool 

that enables monitoring the number of clients and their structure by gender, age and 

citizenship, type of call, type of provided assistance and other variables that measure 

activities on SOS Hotline, as well as data about traffickers and locations, i.e. places where 

exploitation took place. 

Given the enormous offer of jobs in newspapers, on the internet and the like, the review 

of ads is done periodically, and based on this review, a special segment of the database of 

employers and employment agencies is created. These data make our work with clients 

much easier, as well as forwarding of relevant information, to both clients and the police 

and judiciary, because practice has shown that the data in seemingly unrelated cases 

converge, and that, when observed from different angles and in the given time context, 

this information gives a clearer and a more wholesome picture. 

The purpose of the database is storage of data and their efficient and safe usage, which 

means that the data are protected against accidental loss or damage during storage or 

processing. The database is constantly filled with new entries and continuously developed 

in order to facilitate the search for data, as well as their analysis and processing. For the 

security of the information, the computer that keeps confidential data is not networked 

to other computers in the office, it does not have access to the internet, and entry into 

the base is additionally secured with a password for access and a limited number of people 

familiar with it. 

IV (RE)INTEGRATION PROGRAM 

Inclusion in the (re)integration program ensues as a natural continuation of work with 

victims of human trafficking after the reflection period, i.e. after the identification and 

urgent assistance. Rarely does a situation arise when a person, upon leaving the trafficking 

chain, does not have the need for assistance that goes beyond the short-term medical, 

psychological and legal assistance and support. Experience has shown that without 

strengthening the basic capacities of the persons who experienced human trafficking, it is 

highly probable that they will once again find themselves in the trafficking chain or that 

they will become victims of some other type of violence. 

Within the (re)integration program, we aim to provide our clients with the possibility 

to try to overcome the numerous consequences of violence which, as victims of human 



trafficking, they have been exposed to: posttraumatic stress, unemployment, difficult 

material situation, strained relations (familial, between partners), domestic violence or 

separation from the family, difficulties in overcoming conflicts, lack of support in the 

immediate surroundings and numerous other problems. 

When in January 2007, the Daily Centre was started, its basic concept was created based 

on the knowledge about the needs of the victims with whom we maintain direct contact 

through ASTRA SOS Hotline. The Daily Centre is designed as a space that, besides different 

programs, offers the possibility for clients to chose or suggest new activities that would 

help in overcoming the above problems or accomplish the goals for whose realization 

there were no possibilities earlier. The goal was achieving an encouraging atmosphere in 

the Daily Centre, creating a space that would surely be a place for the clients and their 

children to reside, and time has shown that victims of human trafficking who visit it and 

participate in different activities, consider that space a safe and stimulating place. 

Besides through ASTRA SOS Hotline, ASTRA Daily Centre also includes persons referred 

by the employees in the police, social protection institutions, educational institutions and 

other non-governmental organizations that deal with the problem of human trafficking 

or suppressing some other form of violence. 

The basic purpose of the Daily Centre is a coordinated implementation of the carefully 

created preventive and educational activities (in working with potential victims of 

trafficking and groups of clients under graver danger) and provision of the systematic 

professional assistance during recovery (of the victims of human trafficking). Therefore, 

ASTRA Daily Centre is not intended only for victims of human trafficking. Prevention 

of human trafficking, especially when it comes to children, is accomplished through 

educational workshops and providing information, as well as through the possibility of 

obtaining legal advice and/or psychological assistance and support. 

In order to create within the reintegration process a special program line in accordance 

with the needs of children victims of human trafficking, the activities of the Daily Centre 

are in conformity with the standards of the international documents and the methodology 

created according to them. Special attention has been paid to respecting the right of the 

child to participate (expression and acceptance of opinion) and behaving according to the 

best interest for the child. Moreover, the provided assistance must not be conditioned by 

anything, and the identity of the child, as well as each victim who visits the Daily Centre, 

must be completely protected, in compliance with the right to privacy. 

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ANNEX 1 

In the period 2007-2010, over 100 clients visited the Daily Centre (Table 1). During the 

previous three years, some of them continuously visited ASTRA, so in the Table 1, they 

appear in both yearly representations. 

Of this number, 38 of them are children, 12 years of age on average. However, children 

are mainly grouped around the age from 6 to 7 years and from 16 to 17 years. 

Table 1 

DAILY CENTRE NUMBER OF VISITS ADULTS CHILDREN 

2007 1236 38 13 

2008 1953 38 15 

2009 2083 43 27 

2010 1840 43 43 

Almost all clients were provided with one of the different forms of assistance available 

in the Daily Centre. The frequency of visits is not equally distributed during the months. 

The reason for that is the nature of the very (re)integration process and above all the 

individual approach to each client. In fact, only a certain number of activities in the Daily 

Centre is carried out through group work. The biggest part of the program in which the 

clients will be included depends on the individual plan made separately for each person 

for the period of three months. The individual plan is made by the case manager and 

the client and this is the first step in the (re)integration program. That relationship and 

model of work has been perfected through a three-year practice i.e. in accordance with 

the results of the efforts to make the recovery of ASTRA’s clients as thorough as possible 

and, in a way, “complete”. 

In order to achieve full efficiency of managing individual cases of planning, it is necessary 

that the client actively participate in the development of her/his own (re)integration plan. 

In this way, as well as through feedback on the progress within the program, Daily Centre 

beneficiaries are additionally motivated to accomplish the goals defined by the individual 

plan. At the same time, we obtain a rather precise image of the progress achieved in 

certain intervals of time, i.e. quarterly, after which a new plan is made. 

The main tasks of the case managers are: identifying the needs and strengthening the 

client through increase, that is maintaining and encouraging of the development of her/ 

his capacities, discovering her/his positive sides and possibilities for adaptation, as well 

as work on developing motivation for overcoming stressful situations. The manager also 



works on promoting and developing an efficient system of services, and on improvement 

of the connection between the available systems and clients. An important function of the 

case manager is a timely identification of the scope and capacity of the services provided 

by various existing systems, and then organization in order for those resources to be 

utilized as well as possible for the needs of the client, and avoid duplication, irrationality 

and expensiveness. 

Given the traumatic experience and living conditions of (potential) victims of trafficking, 

besides assistance available to clients through ASTRA SOS Hotline and which is open for 

beneficiaries, the Daily Centre constantly or sporadically (depending on the nature of the 

very activity) carries out the following programs: 

• Therapeutic work is continuously carried out through individual and psychodrama 

therapies. The psychodrama group has a specific dynamic and a possible inclusion of 

new members is possible four times a year. 

• Economic empowerment takes place at several levels, and is primarily related to support 

upon return to the educational system, if education was interrupted, or assistance in 

further training and additional education, which makes the (re)integration process 

quicker and easier. 

Within the Daily Centre, the clients can attend additional workshops and classes, which 

present one aspect of support in the process of economic strengthening. This primarily 

relates to: 

a. workshops on the topic of writing a CV, motivational letter, preparing the 

necessary documentation, preparations for a job interview; 

b. computer courses which give ASTRA’s clients the opportunity to learn how to use 

a computer and the internet, and therefore find information that may be relevant 

for their future employment, but also to have fun and find new and interesting 

contents. Besides that, clients may also attend specialized computer courses, 

as necessary; 

c. studying foreign languages is an activity that has direct benefits in employment, 

but it also provides the possibility of widening the existing knowledge, learning 

about other cultures, but also represents a form of entertainment. 

• Creative workshops are designed primarily as a possible way of conquering 

psychological and emotional problems. Their main objective is to help victims awaken 

and direct their feelings in the right way through creative work, to explore, improve 

and gradually build their confidence, strengthen their personality and overcome 

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ANNEX 1 

trauma. In these workshops, clients painted on their t-shirts, made jewelry out of 

beads and wire, painted collages out of fabric, as well as simple patterns for clothing, 

decorated wooden boxes, etc. In the Daily Centre which was specially decorated 

for these workshops, they used photographic and video cameras for creative videos 

and photographs. 

Art WorkShop classes unite the ideas of art as therapy, where through visual means, 

movement, acting or dance, one may express strong, subtle or destructive feelings and 

their awakening. The activities from these classes also resulted in an exhibition of works 

organized in 2008, on the occasion of 2 December, the International Day for Abolition 

of Slavery. 

Apart from the above, the creative program aims to help the clients of the Daily Centre to 

organize and fill their leisure time with activities, make new friends, i.e. to discontinue the 

kind of social isolation that is very common after leaving the chain of human trafficking. 

• Sports activities – organized within the Daily Centre program, they include yoga, selfdefense, 

aerobics classes. In the work with the victims of human trafficking focus 

is also on the physical exercise. In the work on strengthening girls, especially in the 

domain of counseling, what is very important, besides psychological and emotional 

support, is the physical aspect of support that turned out to be an indispensable 

component in that regard. 

Recreational program – includes activities that sometimes take place outside the Daily 

Centre and are aimed at relaxing and socializing. 

Pop-corn brings together clients who, by a mutual choice, watch different movies in the 

Daily Centre, which have entertaining and/or educational content. 

Going out is organized occasionally and involves going to the movies, to the theatre, 

to exhibitions and different manifestations chosen by the clients or suggested by 

the consultants. 

Cooking classes represent an activity that initially did not have a set time nor structure, 

but emerged spontaneously as an expression of desires of our clients to express their 

creativity in another way and do something for themselves and others. Over time, this 

activity of the ASTRA Daily Centre became common and much visited. 



During the last two years, several levels of evaluation have been established in the Daily 

Centre, for whose implementation different instruments are used. 

The clients’ evaluation of the quality of the program in which they participate is carried 

out through anonymous questionnaires and a non-structured interview. In this way, we 

obtain data about how satisfied the clients are with the programs of the Daily Centre, 

and we also obtain important suggestions on possible improvements and innovations 

that could be introduced. The program of the Daily Centre has been changed since 

the beginning in accordance with these suggestions in order to address the needs and 

demands of our clients. Susceptibility to redesign in line with the practice is one of the 

key features of the Daily Centre program as a whole. 

Informally (orally) and through written reports, the associates provide descriptions of 

the course of activities, success of their implementation, changes that often have to be 

introduced along the process so that they could be adjusted to the clients, as well as 

potential divergences and difficulties in the realization of the existing plans. 

In addition, all consultants continuously monitor the effects of the visits to the Daily 

Centre and participation in its activities on the personal development of every client and 

the consequential changes in the individual plan. 

It is important to mention that the changes in the individual plans are relatively common 

and that they should not present a burden for the client, but a sort of guideline. As 

previously mentioned, they can be encouraging but only if they are realistic and do not 

exceed the individual capacities and are consistent with the objective circumstances. 

It is therefore important that these plans are created by the client and the case leader 

together, and that there is always a possibility for their changing so that they would not 

lead to disappointments and frustrations of the client if the changes of the external factors, 

which happens relatively frequently, make the realization of the initial ideas unfeasible. 

V CONTACTS WITH INSTITUTIONS 

In order to meet the clients’ needs and provide help to the victims of human trafficking 

who have been in the last nine years identified through ASTRA SOS Hotline, contact and 

close cooperation has been established with numerous institutions. 

In order to submit cases to the relevant instances, we turn to the Ministry of the Interior, 

Interpol National Bureau – Belgrade, SECI Regional Centre for combating Trans-border 

Crime, as well as to the Municipal Law Enforcement Authorities. The data are forwarded 

400

ANNEX 1 

directly to the members of the teams for combating human trafficking or, if such teams 

have not been established, to the departments within the police department that deal 

with cases of human trafficking. 

Considering the fact that corruption is an actual problem especially when it comes to 

organized crime, the data about a case are delivered to the employees in the police 

who are educated about the problem of human trafficking, who have in previous years 

worked on similar cases and who have considerable experience when it comes to the 

particularities of the cases of human trafficking. Further communication between the 

mentioned services and the clients is most frequently carried out through ASTRA, and 

therefore one of the activities is a constant reminding of the two-way flow of information, 

so that the clients would be informed about the possible results of the police work in the 

specific cases. Still, very rarely do the police deliver the feedback about the course or the 

results of the investigation. Save for several cases about which we have been informed 

through telephone, ASTRA received an official letter with the information about the 

results of only one investigation, while in several cases we have been orally informed 

about the outcome. 

Cooperation with the representatives of the social welfare centers is very significant 

especially in providing assistance to underage persons and during the rehabilitation 

process. In contact with the employees in the centers, emphasis has been put on presenting 

the program for providing assistance to children which ASTRA realizes in cooperation 

with the organization Save the Children and the (re)integration program which was 

carried out in cooperation with CARE International. Over the years a close cooperation 

has been established and maintained with the children’s homes on the territory of 

Belgrade. Considering the fact that children without parental care have been recognized 

as a particularly vulnerable group in relation to the problem of human trafficking, special 

attention has been paid to their inclusion in the activities of the Daily Centre and until 

today, it has been achieved that a number of children residing in those institutions see 

ASTRA’s space as a safe place that exists in order to provide them with support and in 

which their needs will be met. 

In order to provide a comprehensive assistance to the victims of human trafficking, ASTRA 

cooperates with the Agency for Coordination of Protection of Victims of Trafficking. On 

several occasions assistance has also been provided for the persons who have not been 

identified through ASTRA SOS Hotline, and with regard to whom the Agency addressed 

us. It was necessary to intervene in several cases when the decisions of the Agency did 

not protect the rights of the victims of human trafficking, because of which ASTRA, with 

the support of other organizations that deal with this problem, turned to the Ministry 

of Labor and Social Affairs. It cannot, under any circumstances, be said that, as in the 

general institutional approach, there is an openness for cooperation with the non- 



governmental sector. Today, a certain form of communication has been established, but 

there are still differences manifested in the approach to the victims, evaluation of their 

needs or methodology of work with them. 

Cooperation with the Ministry of Labor and Social Policy in the field of preventive work 

on the SOS Hotline has been maintained for long. The purpose of that cooperation was a 

timely reception of information about the agencies that deal with employment and job 

brokering in Serbia and abroad, and that have been since 2004 under the jurisdiction of 

this Ministry. 

Since 2007, that function was taken by the Ministry of Economy and Regional 

Development. That Ministry is authorized to issue licenses for work to the above agencies, 

as well as to monitor their work and to revoke licenses in case of abuse. Today, the list 

of the licensed agencies is available on the web page of that Ministry 611 . The clients who 

contact ASTRA wanting to obtain information about the work of the agencies that offer 

jobs, are informed, inter alia, about whether the agency has a license from the Ministry. On 

the other hand, practice has shown that owning a license does not mean that an agency 

will be fair in cooperation, just like not owning the same license does not necessarily 

imply that the clients of some agency will be deceived. 

VI CONTACTS WITH PARTNER ORGANIZATIONS 

Since the beginning of its work, ASTRA has been establishing and working on strengthening 

the cooperation with organizations from Belgrade, from the territory of Serbia and 

foreign countries. 

Through periodical gatherings, ASTRA cooperated and actively exchanged experiences 

with numerous institutions and non-governmental organizations from the territory of 

Belgrade. In practice, that cooperation proved to be quite useful, considering the fact 

that several actors members of this network were in their domain often involved in work 

with persons who were victims of different forms of violence, including human trafficking. 

The organizations members of ASTRA network had an extremely important role in 

providing direct assistance or support to ASTRA’s clients who live outside of Belgrade. 

Their role was not only realization of specific activities, but what was often crucial was 

their knowledge of the local circumstances and structures, based on which a realistic and 

efficient assistance plan would be created. 

In order to provide assistance to the clients, contact and/or cooperation has been 

established with numerous local, regional and international organizations. 

We contacted the NGOs in Italy, Spain, Germany, Ukraine, Moldova, Bulgaria, Romania, 

Great Britain, United States. A rather close cooperation has been established with the 

NGOs in the countries of the region: Montenegro, Bosnia and Herzegovina, Croatia and 

611 

http://www.merr.gov.rs/ 

402

ANNEX 1 

Macedonia. Since the increase in the number of cases of labor exploitation, there has 

been a need for associates in the countries of the former USSR, and therefore contact 

has been established with the non-governmental organizations and trade unions in the 

countries of destination and origin. The objective was to make available the specific 

forms of assistance to our clients who, at that moment, had already been located on the 

territories of these countries or had the intention to go there. In cases of prevention of 

the difficulties during the departure of our clients abroad, the data and contacts which we 

discovered in this way were very important. For the persons who had already been located 

on the territory of those countries, the assistance that those organizations provided 

for them was often the only one available at that moment. Until now, through those 

contacts, several repatriations of the victims of human trafficking have been carried out 

without difficulties. What is very significant is the quality and rapid flow of information 

that we manage to achieve with the organizations abroad, in order to be able to react on 

time in cases which require joint efforts and mutual assistance. 

The significance of the national and regional networks with the organizations which deal 

with the problem of trafficking, as well as with the organizations that treat victims of 

other forms of violence is extremely important. On one hand, this is how we accomplish 

the availability of the information to victims about the organizations and institutions 

that can provide them with assistance, i.e. proper referral of victims. On the other hand, 

ASTRA and other member organizations are able to react promptly, and conduct a 

more quality and comprehensive work. By forwarding information we initiate a parallel 

work of a greater number of actors who can possibly help in specific cases and enable a 

coordinated action of a larger scope and effect. In this way, during 2006, a large number 

of clients, victims of domestic violence, incest and other forms of abuse were referred 

to the organizations who can provide them with appropriate professional help (calls 

in the category other which amount to almost 55% of the total number of calls). In 

the same way, clients for whom there have been indications that they are (potential) 

victims of human trafficking and who have been included in our programs have been 

referred to ASTRA. 

Over the previous years, on several occasions, ASTRA contacted international 

organizations related to the specific cases: the representatives of the OSCE Mission 

to Belgrade, as well as the offices of Save the Children in Priština and Sweden. Also, 

in order to obtain the necessary information in specific cases of human trafficking, 

ASTRA established communication with the Expert Centre on Human Trafficking in 

the Netherlands (Expertisecentrum MensenHendel), the Crisis Centre „Drehscheibe 

Augarten” which manages the Department for Young People in Vienna, the organization 

Dortmunder Mitternachtsmisson e.v. from Dortmund and the Department of 

Information in Malta. 


MAPS 

The Consular Offices of the Republic of Serbia in Trieste, Athens and Stockholm have been 

contacted several times in order to obtain information that ASTRA’s clients requested, as 

well as for providing direct assistance to victims of human trafficking in several cases 

which ASTRA monitored. ASTRA maintained an almost every day communication with 

the Consular Office in Italy in situations when it came to obtaining personal documents 

for clients. 

The contribution of the representatives of the Consular Office in Athens was very significant 

especially in the sense of forwarding information and establishing communication 

between relevant actors in Greece and ASTRA which was employed on the case in Serbia. 

Besides the fact that the Consul was included in the repatriation process and provision of 

assistance, he also later monitored the rehabilitation of our client. 

However, it should be kept in mind that the examples of the mentioned cooperation 

are related to three Consular Offices, and that the number of the destination countries 

of the citizens of our country who end up in the chain of human trafficking is much 

greater. It is necessary to work on establishing new contacts and cooperation in the 

destination countries. 

404

ANNEX 2 

Annex 2 - Maps 

I – Map of Places of Origin of Identified Trafficked Persons (ASTRA database) 


MAPS 

II – Map of Routes Across Serbia and Montenegro (ASTRA Database) 

406

ANNEX 2 

III – Map of Routes Across Europe (ASTRA database) 


PERCEPTION AND UNDERSTANDING OF THE PROBLEM OF HUMAN TRAFFICKING IN SERBIA – RESULTS OF THE PUBLIC 

Annex 3 

Perception and Understanding of the Problem of Human Trafficking in Serbia – 

results of the public opinion survey 612 

Ivana Radović, 

NGO ASTRA 

Introduction 

Human trafficking, as a problem which is in its modern form present in the world for 

decades 613 , has reached its peak in Europe during the late eighties and nineties. After 

the communistic regime in Eastern Europe had collapsed, and due to difficult living 

conditions and extreme poverty that followed the transition to parliamentary democracy 

and market economy, a great number of female and male citizens from the countries of 

Eastern Europe attempted to try their luck in one of the countries of the West. Human 

traffickers used a huge supply of cheap work force, by offering to mediate in achieving a 

“better life”. However, instead of at the expected job, a great number of women ended up 

in forced prostitution, often without even leaving the region. 

The Socialist Federal Republic of Yugoslavia stood out from the rest of the former communist 

countries in the region because of the higher economic standard, as well as a greater openness 

towards the West. It is for this reason that, during the late eighties, SFRY was very attractive 

to the women from the countries of Eastern Europe, and so in this period Serbia was, to the 

greatest extent, the country of final destination for the human trafficking victims. However, 

in the early nineties, the situation changed significantly. The disintegration of the country, 

economic breakdown, armed conflicts, the arrival of foreign troops, caused an increase in 

the number of the human trafficking victims, which resulted in Serbia becoming primarily a 

transit country. Due to a favorable geographic position, the territory of Serbia was suitable 

for transit of victims from Bulgaria, Moldova, Russia and Ukraine on the road to Bosnia, from 

where they went further to Italy, Spain, France or to Greece, Cyprus and further to countries 

of the Middle and Far East. One channel led to the countries of Central and North Europe. 

All this time, Serbia was in a significant percentage the country of origin for the human 

trafficking victims. This became particularly evident in the previous years, when our 

country recorded an increase in the internal human trafficking, where the entire process – 

from recruitment to exploitation of the victims – took place in our country. 

612 

Article published in Revija za bezbednost: stručni časopis o korupciji i organizovanom kriminalu br. 8/09. Center for Securities Studies, Belgrade. 

613 

International Agreement for the Protection of the criminal trafficking known as white slave trade from 1904, the International Convention for the 

Suppression of Trafficking in Women and Children from 1921, the International Convention for the Suppression of Trafficking in Adult Women 

from 1933. 

408

OPINION SURVEY ANNEX 3 

Besides the awareness and competence of the authorities to provide adequate protection 

and assistance to victims during the identification, recovery and (re)integration and to 

effectively prosecute and punish the perpetrators, it is very important how the male and 

female citizens of Serbia understand the problem of human trafficking. This is important 

both for the prevention of human trafficking, because no one can protect oneself from the 

thing he/she does not know about or does not believe existing, and for a more successful 

(re)integration of victims, because (re)integration, although it relies much on professional 

help and support, still takes place within the community. 

Public opinion surveys 

From the beginning of its work, the NGO ASTRA has on several occasions, and for the needs 

of planning the preventive and educational activities, carried out surveys on the degree 

of awareness of the problem of human trafficking among young people who represent 

the category of possible victims with the highest risk. We primarily refer to the surveys 

Trafficking in Women – Our Reality or Other People’s Problem: Survey on Attitudes of Belgrade 

students and secondary school pupils about sex trafficking (2002, sample of 173 students 

and secondary school pupils) and “Secondary School Pupils in Serbia – human trafficking, 

Internet, needs and problems when using it” carried out for the purpose of the publication 

of Human (Child) Trafficking – A Look Through the Internet Window 614 from 2006. 

Finally, during the autumn of 2008, for the purpose of the second publication of 

Trafficking in Women – a Manual for Journalists 615 , in collaboration with TNS Medium 

Gallup Agency from Belgrade, the first big public opinion survey was carried out on the 

topic of perception and understanding of the problem of human trafficking in Serbia. 

Perception and understanding of the problem of human trafficking in Serbia – the 

most interesting results of the public opinion survey 

It is a quantitative field survey carried out during October, 2008 using the technique of 

direct interview, face to face with the respondent, with the pre-structured questionnaire. 

The survey was completed with the nationally representative sample of 1139 citizens of 

Serbia older than 11, chosen by multistage stratified random sampling. 

Based on the analysis of the given answers, it can be concluded that the citizens of Serbia, 

to a great extent, are aware of what human trafficking is, that it exists in our country, that 

it is prohibited by law, they are aware of the examples of this phenomenon, the ways in 

614 

ASTRA, Human (Child) Trafficking – A Look Through the Internet Window, ASTRA, Belgrade, 2009. Both studies are available at: www.astra.org.rs 

615 

ASTRA, Trafficking in Women – a Manual for Journalists, ASTRA, Belgrade, 2009. 



which the victims fall into the human trafficking chain and why and how they remain in it. 

However, in response to the question about guilt and criminal responsibility of the victim, 

and the nationality and gender of the victims, we can conclude that there are still many 

prejudices and that there is a deep misunderstanding about the nature of the problem 

when the confirmation of the declarative response to one question is sought in responses 

about another aspect of the problem. 

What does human trafficking mean to you? 

It is interesting that the highest percentage of the respondents (19%) describes human 

trafficking as abduction and selling of humans as goods. This response also has a high 

presence (49%) in responses to the concrete question on the way in which traffickers 

recruit 616 their victims. Although abduction is in practice the rarest way in which a person 

can end up in the human trafficking chain, it is very often stated as a form of recruitment. 

This has been particularly obvious in ASTRA’s workshops for young people. The reason 

for that may be that the reality of the victims of human trafficking is so shocking that it 

is hard to imagine that someone finds him/herself in this situation resulting from some 

every day life situations, as well as the belief that in case of coercion, that coercion must 

already exist in the initial phase of recruitment. 

What is worrying is the fact that, even though this is an open question, 17% of the 

examinees could not find the answer to the question what human trafficking is. 

Figure 1: What does human trafficking mean to you? OPEN RESPONSE 

616 

Abduction is not a method of recruitment of victims in a traditional sense, but one of the ways in which a person can enter the human trafficking 

chain. 

410


Do es human trafficking exist in our country? 

The biggest number of the citizens (86%) knows that human trafficking exists in our 

country. These are, primarily, respondents with a secondary school, college or university 

degree, 21 to 50 years of age. On the other hand, this fact is the least known to the 

youngest and oldest examinees and persons with elementary education. It is interesting 

that the residents of Central and West Serbia, in much fewer cases have the knowledge 

about the existence of the human trafficking problem in our country, when compared 

to the residents of Belgrade, Vojvodina and southeastern Serbia, among which there are 

insignificant differences in responses to this question. 

Causes of human trafficking 

When it comes to the causes of human trafficking, the respondents primarily point out 

to the social and economic situation (poverty, unemployment, transition, striving for a 

better life). However, only 17% of them see family violence y as a possible cause. On the 

other hand, according to the data of ASTRA SOS Hotline, more than 50% of the human 

trafficking victims for whom our organization has provided assistance in the process of 

recovery and (re)integration had previous experiences with domestic violence. 

Figure 2: What are, in your opinion, the causes for human trafficking? MULTIPLE CHOICE RESPONSE 

Ways of recruitment 

There is also a worrying prejudice in responses to the question how the traffickers 

recruit their victims. With the possibility of multiple choice answers, the biggest number 

of examinees saw fraudulent business offers and false ads as the most frequent ways 



of recruitment (62% and 55%, respectively). Merely 11% of the respondents chose 

recruitment by the family members and acquaintances. On the other hand, according to 

ASTRA SOS Hotline data, the biggest number of over 300 persons who found themselves 

in the human trafficking chain, and to whom our organization has provided help in some 

phase of recovery and reintegration, were recruited by the members of their family, 

partners, spouses, friends, acquaintances or some other familiar persons. 

Figure 3: Do you know in what way human traffickers recruit their victims? MUL TIPLE-CHOICE RESPONSE 

Victims and forms of exploitation 

The citizens of Serbia have heard of all basic forms of exploitation of human trafficking 

victims, above all for sexual (92%), which is realistically the most frequent and the most 

apparent in our country and in the world. No less than 63% of the respondents have 

also heard for human trafficking for the purpose of labor exploitation. However, when 

the question was asked about who the victim of human trafficking may be, where the 

multiple choice response was given, apart from the answer “everybody”, which was 

chosen by 58% of the respondents, the category “young men” or “men” was chosen by 

no more than 7%, that is, 4% of the respondents, respectively, although it is men who 

are most often the victims of labor exploitation. It is interesting that a lot more male 

respondents in relation to female ones, are aware that there is labor exploitation and that 

male adults can also be victims. 

Interesting answers were chosen to the question about citizenship and nationality of the 

victims of human trafficking. The highest percentage of the respondents (79%) thinks 

that these are both domestic and foreign nationals. On the other hand, when they were 

supposed to answer to the question of which the most frequent nationalities of the victims 

are (multiple choice answer), although the majority of respondents chose the answer 

412


“all” (59%), a relatively low percentage of respondents saw Serbian nationals as the most 

frequent victims (15%). In the territorial sense, the largest number of respondents who 

chose this answer were from Central and West Serbia. On the other hand, the citizens 

of Belgrade are significantly aware that our nationals also, may be the victims (73.2%, 

when compared to 83.7% in Vojvodina, 82% in Central and West Serbia and 78.2% in 

southeastern Serbia), that is, a much higher percentage of respondents believe that the 

victims are predominantly foreign nationals (18.8% in relation to averagely 10% for the 

whole sample). 

This is a very important piece of information, having in mind that ASTRA’s map of hot 

spots, that is, of origin of victims of human trafficking, shows that the highest number of 

victims who contacted our organization were from Belgrade. Also, in the previous years, 

the internal human trafficking has recorder an increase, while the identified victims, and 

above all children, are in the highest percentage domestic nationals 617 . 

Victim’s guilt 

Although they recognize different causes that lead to someone becoming a victim of 

human trafficking, no less than 52% of the respondents were not sure (34%) or think that 

the victim is guilty for the situation he/she is in (18%). The respondents who believe the 

most in the victim’s guilt are those from whom this is the least expected: the citizens of 

Belgrade (21.2%), persons with a secondary school, that is, college and university degree 

(19.8% and 19.7%, respectively), employed persons (20.7%) and persons 31 to 50 years 

of age (20.2%). As stated in the qualitative segment of the survey, “The comments of 

the persons who think that the victim is guilty are sometimes very cruel and judgmental, 

and even suggest that the victim should pay for his/her naiveté. ‘The very fact that 

they agreed to that, means that they should bear the consequences for their behavior 

and carelessness’” 618 . 

Those who are indecisive when it comes to the victim’s guilt, most often explain that it all 

depends on the circumstances under which the victim got into the situation. They are of 

opinion that he/she is not guilty if he/she is abducted or in some other way forced to do 

the jobs he/she does not want to do. 

If he/she willingly started to carry out some activity, he/she is partially guilty of everything 

that has happened to him/her because he/she could predict the course of events. 

617 

See e.g. Statistics of ASTRA SOS Hotline http://www.astra.org.rs/?page_id=83 

618 

ASTRA, Trafficking in Women – a Manual for Journalists, op. cit., p. 64. 



Besides, the response of the majority of respondents (44%) to the question “Do you 

think that persons who are forced to do illegal jobs should therefore be prosecuted?” 

was affirmative. 

There is more men than women who advocate prosecution (46.2% in relation to 41.8%), 

furthermore, persons with a college or university degree (50%) and citizens of Central and 

West and southeastern Serbia (48.8% and 50.0%). 

Figure 4: Do you think that persons who are forced to do illegal jobs should therefore be prosecuted? 

Such attitude is even more interesting having in mind that no less than 63.1% of 

respondents responded that human traffickers control and terrify their victims by using 

physical threats and violence. (“Coercion, physical and psychological violence, blackmail, 

force”, “Different threats, and the worst are death threats directed toward the members 

of their family or the victims themselves”, “They tell them that they work with the police 

and that they do not have any one to complain to”) 619 . 

Conclusion 

The citizens of Serbia see human trafficking mostly as abduction and selling of people, 

crime and violence. They are aware that it exists in our country, but when it comes to 

different aspects of this problem – who the victims are, how they are recruited, in what 

way they are exploited and so on – their responses are still stereotypical. They believe the 

victim is a woman or a girl, who, running away from poverty and desiring to have a better 

life, fell into the human trafficking chain by responding to a fraudulent business proposal 

or ad. A much lower percentage of respondents sees the possibility of recruiting men, 

recruitment by familiar persons or violence in the family as a significant “push“ factor 620 . 

619 

ASTRA, Trafficking in Women – a Manual for Journalists, op. cit., p. 59 

620 

“Push” factor is every negative condition or circumstance which incites people to change their situation, especially in the sense of migration. 

414


Not realizing the essence of the problem is especially conspicuous in assessing the victim’s 

guilt for the situation he/she is in, as well as in the issue of his/her criminal accountability. 

This, on one hand, is not a surprise, particularly having in mind that the sexual exploitation 

is recognized as the dominant form of victim exploitation. More specifically, the criminal 

acts with elements of sexual violence typically put the victim in a pillory, regardless of the 

fact that the answers to other questions point to the conclusion that the male and female 

citizens of Serbia are largely unaware of what human trafficking is. What is surprising is 

the fact that the profile of the respondents who advocate the theory that the victims of 

human trafficking who are forced to do illegal jobs should therefore be prosecuted: these 

are, in highest percentage, the citizens of urban areas, with a college or university degree, 

31 to 50 years of age. 

The results of this survey should be taken into account when designing the future 

preventive strategies, because at the moment when we cannot expect a change, that is, 

an improvement of the socio-economic factors which lead to human trafficking, the only 

way in which our male and female citizens can be protected from this social evil is a good 

understanding of the problem. 


THE CASE OF LABOR EXPLOITATION OF THE CITIZENS OF THE REPUBLIC OF SERBIA, THE REPUBLIC OF BOSNIA AND 

Annex 4 

The Case of Labor Exploitation of the Citizens of the Republic of Serbia, the 

Republic of Bosnia and Herzegovina and the Republic of Macedonia in the 

Republic of Azerbaijan 

Date: 27 November 2009 

416 

- Country of Origin Report - 

Reported by: 

NGO ASTRA – Anti Trafficking Action, Republic of Serbia 

NGO La Strada, Republic of Bosnia and Herzegovina 

NGO Partnership for Social Development621 – Republic of Croatia 

Introductory Remarks: 

The case of labor exploitation of the citizens of Serbia, Bosnia and Herzegovina and 

Macedonia in Azerbaijan is, according to its size and the number of exploited persons, one 

of the largest, if not the largest registered labor exploitation case in this region. According 

to the testimonies of workers who returned, besides the citizens of the mentioned 

Western Balkan countries, the citizens of Moldova and Pakistan, as well as of Azerbaijan, 

also could be found on construction sites in this country. 

NGO ASTRA received the first information about the case of the exploitation of a great 

number of workers from the Western Balkans in an email of 21 November 2009, and 

later that day in a telephone conversation with the representatives of ODIHR Warsaw. 

Soon after that, NGO ASTRA forwarded the information to NGO La Strada Bosnia and 

Herzegovina and NGO La Strada Open Gate Macedonia. Later, after having received the 

information that one group of workers should have landed to the Zagreb airport, on 6 

November 2009, NGO Partnership for Social Development from Croatia was included 

in the case. 

Already on 20 October 2009, several media from Bosnia and Herzegovina reported on 

this case (you can find the links of the media that covered this topic at the end of this 

Report). They released plenty of information and the first testimonies of the workers and 

621 

Besides the organizations from the countries of origin of exploited workers, NGO Partnership for Social Development, Zagreb, Croatia, also took 

part in making this Report. This is because one number of workers returned from Azerbaijan via the Zagreb airport and hence this organization had 

the opportunity to talk with the workers.

HERZEGOVINA AND THE REPUBLIC OF MACEDONIA IN THE REPUBLIC OF AZERBAIJAN ANNEX 4 

their families. Some media in Serbia covered this topic within their regular reporting on 

the news in the region. 

This case of labor exploitation was discovered some time earlier, when a certain number 

of international organizations and foreign embassies in Azerbaijan, as well as the local 

NGO Azerbaijan Migration Center, found out about it. Soon, some of them got directly 

involved in the provision of assistance to the exploited workers. 

After the first information came out, in less than a month, a great number of exploited 

workers were returned to their countries of origin. Workers who returned in the last group 

before the completion of this Report estimate that in the construction sites in Azerbaijan 

there are around 50 workers who expressed their wish to return home. 

Please bear in mind that all the information given in this Report have been obtained in 

direct communication with workers who were returned from Azerbaijan, as well as from 

our associates on this case. One of the reasons for making this Report is the absence 

of appropriate response from competent authorities in all four countries, which caused 

resignation among the workers who retuned to their courtiers of origin. 

These information are only preliminary and in our opinion they should be the basis for 

further investigation of competent authorities in the Republic of Serbia, the Republic 

of Bosnia and Herzegovina and the Republic of Macedonia, as well as by competent 

authorities in the Republic of Azerbaijan. 

Enclosed to this Report is a communication released by NGO Azerbaijan Migration Center 

(hereinafter AMC), which works in the destination country of exploited workers, on 9 

November 2009. 

The List of Ratified International Documents Relevant for the Azerbaijan Case in the 

Countries of Origin and Destination 

Based on the preliminary data obtained from workers and the statements of the 

representatives of international organizations working in Azerbaijan, as well as according 

to the AMC’s communication, we may speak of possible trafficking in human beings for the 

purpose of labor exploitation. For this reason, for the needs of this Report, we have made 

a list of international conventions of relevance for human trafficking and forced labor and 

of specific national legislations prohibiting human trafficking in the countries concerned. 



UN Convention 

on Transnational 

Council of Europe 

Organized Crime and 

Convention on 

Protocol to Prevent, 

Action Against 

Suppress and Punish 

Trafficking in Human 

Trafficking in Human 

Beings 

Beings, Especially 

Women and Children 

ILO Convention 

No 29 

Forced Labour 

Convention, 1930 

ILO Convention 

No. 105 

Abolition of Forced 

Labour Convention, 

1957 

National legislations 

regarding trafficking 

in human beings 

BaH 24/04/2002 11/01/2008 02/06/1993 15/11/2000 

Serbia 06/09/2001 14/04/2009 24/11/2000 10/07/2003 

Macedonia 12/01/2005 27/05/2009 17/11/1991 15/07/2003 

Azerbaijan 26/09/2008 n/a 19/05/1992 09/08/2000 

622623624625 

Criminal Code of the 

Republic of BaH, Article 

186 622 


Republic of Serbia, 

Article 388 623 


Republic of Macedonia 

Article 418 624 

Law of The Republic 

of Azerbaijan on 

Fight Against Human 

Trafficking 625 

622 

1. Whoever takes part in the recruitment, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of 

deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to obtain the consent of a person having control over 

another person, for the purpose of exploitation, shall be punished by imprisonment for a term between one and ten years. 

2. Whoever perpetrates the criminal offence referred to in paragraph 1 of this Article against a juvenile, shall be punished by imprisonment for a term not less than five years. 

3. Whoever organizes a group of people with an aim of perpetrating the criminal offence referred to in paragraphs 1 and 2 of this Article, shall be punished by imprisonment for 

a term not less than ten years or long-term imprisonment. 

4. Whoever acting out of negligence facilitates the perpetration of the criminal offence referred to in paragraphs 1 through 3 of this Article, shall be punished by imprisonment 

for a term between six months and five years. 

5. “Exploitation” referred to in paragraph 1 of this Article includes, in particular, exploiting other persons by way of prostitution or of other forms of sexual exploitation, forced 

labour or services, slavery or slavery-like practices, serving under coercion or removal of organs for the purpose of transplantation. 

623 

1. Whoever by force or threat, deception or maintaining deception, abuse of authority, trust, dependency relationship, difficult circumstances of another, retaining identity 

papers or by giving or accepting money or other benefit, recruits, transports, transfers, sells, buys, acts as intermediary in sale, hides or holds another person aimed at 

exploiting such person’s labour, forced labour, commission of offences, prostitution, other forms of sexual exploitation, begging, pornography, establishing slavery or 

slavery-like relation, the removal of organs or body parts or service in armed conflicts, shall be punished by imprisonment of three to twelve years. 

2. When the offence specified in Paragraph 1 of this Article is committed against a minor, the offender shall be punished by the penalty prescribed for that offence even if 

there was no use of force, threat or any of the other mentioned methods of perpetration. 

3. If the offence specified in Paragraph 1 of this Article is committed against a minor, the offender shall be punished by imprisonment of not less than five years. 

4. If the offence specified in Paragraphs 1 and 3 of this Article resulted in grave bodily injury of a person, the offender shall be punished by imprisonment of five to fifteen years. 

5. If the offence specified in Paragraphs 1 and 3 of this Article resulted in death of one or more persons, the offender shall be punished by imprisonment of not less than ten years. 

6. Whoever habitually engages in offences specified in Paragraphs 1 to 3 of this Article or if the offence is committed by a group, shall be punished by imprisonment of not 

less than five years. 

7. If the offence specified in Paragraphs 1 to 3 of this Article is committed by an organized group, the offender shall be punished by imprisonment of not less than ten years. 

8. Whoever knew or could have known that a person is the victim of trafficking, but nevertheless made use of her/his position or facilitated another person to make use of 

her/his position for the purpose of exploitation referred to in Paragraph 1 of this Article, shall be punished by imprisonment of six months to five years. 

9. If the offence referred to in Paragraph 8 of this Article was committed against a minor of which fact the offender was or could have been aware, such offender shall be 

punished by imprisonment of one to eight years. 

10. The consent to exploitation or to the establishment of slavery or slavery-like relation referred to in paragraph 1 of this Article has no bearing on the existence of criminal 

offence referred to in Paragraphs 1, 2 and 6 of this Article. 

624 

1. A person that by force, serious threat misleads or uses other forms of coercion, kidnapping, deceit and abuse of his/her own position or a position of pregnancy, weakness, 

physical or mental incapability of another person, or by giving or receiving money or other benefits in order to obtain consent of a person that has control over other 

person, recruits, transports, transfers, buys, sells, harbors or accepts persons for the purpose of exploitation through prostitution or other forms of sexual exploitation, 

pornography, forced labor or servitude, slavery, forced marriages, forced fertilization, unlawful adoption, or a similar relationship or illicit transplantation of human body 

parts, shall be punished with imprisonment of at least four years. 

2. A person who recruits, transports, transfers, buys and sells, harbors or receives children or juveniles for the purpose of exploitation shall be punished with at least eight 

years imprisonment. 

3. A person who withholds or destroys another person’s identity card, passport or other identification document for the purpose of committing the crimes referred in 

paragraphs (1) and (2) of this article, shall be punished with at least 4 years imprisonment. 

4. A person who uses or procures the sexual services of a person with the knowledge that the person is a victim of trafficking in human beings, shall be punished with 

imprisonment between 6 months and 5 years. 

5. If the crime referred to in paragraph (4) is committed against a child or a juvenile, the offender shall be punished with imprisonment of minimum eight years. 

6. If the action in the paragraph (1) is committed by a legal entity, this shall be punished with a fine.7. The items and means of transport used in committing the crime 

shall be confiscated. 

625 

Please, find enclosed. Adopted in June, 2005. 

418


Facts about the Azerbaijan Case 

Construction company SerbAz Project and Construction LLC (hereinafter SerbAz) has 

been managing construction works on several sites in Azerbaijan in last two to three 

years. The investor of these construction works was the Government of Azerbaijan. 

In the course of the last year, the activity of this company intensified and more workers 

than earlier had to be engaged. Some information indicate that workers’ rights had been 

to a great extent violated in the previous period, too. Violence against workers particularly 

escalated in the second half of this year. 

According to workers, conditions in which they had to live and work were very difficult 

(detailed description further in the text). In addition to delays in the payment, the 

employer failed to pay out wages in the agreed amount. Also, wages were reduced on 

account of many penalties which the employer used to punish the workers for their acts 

during both working hours and their spare time. 

The payment of wages was completely stopped on 12 and 13 October 2009, when the 

investor transferred assets to SerbAz, which, according to the workers, were taken by the 

Managing Director Božidar Vučenović, who then disappeared without trace. Moreover, 

some of the workers think that the discharge of some Azerbaijani officials, who had close 

and direct cooperation with SerbAz, which occurred in the same period, additionally 

aggravated the situation relating to the payment of the workers. 

The owners of the company gave somehow different explanation to the media 626 . 

According to them, the problems arose when the Azerbaijan Government started running 

late with the payment. After a three-month delay, one of the owners of the company “... 

Milan Vučenović went to the Netherlands – where one part of the company is located - to 

get the money… However, the Azerbaijan Government blocked the company’s account 

after that, which caused additional problems”. 

After 12 October 2009, the volume of works in the construction sites was mostly 

decreasing. The lists for return were made. The workers call this period “on halt”. 

In the mid-October, at the initiative of the workers and the brigadiers at the construction 

site Expo, negotiations about the payment of unpaid wages between the workers and the 

management began. The group for negotiations was formed, where workers’ interests 

were represented by the brigadiers and shift managers. It was promised to the workers 

626 

http://www.mtsmondo.com/news/world/text.php?vest=150301# 



that the wages would be paid out in the following two-three days. However, one day 

later it was clear to the workers that none of the agreements would be realized, but the 

promises were made only to release the tension. 

After they received the advance payment 627 , more than two thirds of workers stopped 

their work completely, and soon after, their return to the countries of origin began at an 

accelerated pace. 

Estimates on the Number of Workers 

It is difficult to establish the exact number of workers, because several groups of workers 

had already left Azerbaijan when this case came into light. 

It could be learnt in the media that in 2009 more than 600 workers from the Republic of 

Srpska left for Baku to work there for six months, two-thirds of whom were the citizens of 

Gradiška and neighboring municipalities. 

In AMC’s reports, it is said that during the same period there were around 500 workers in 

Baku and Mingachevir (346 in Baku and 150 in Mingachevir). 

According to data which workers, whom we talked with, collected themselves, on 15 

October 2009, there were 920-1040 workers engaged in the construction sites ran by 

SerbAz Company in Azerbaijan. They came to this figure based on the number of workers 

accommodated in “dorms” 628 . After the Hirdelan Dorm was closed, the remaining five 

dorms 629 in Baku operated in full capacity. Until the first organized returns of the workers 

in October, 438 workers were accommodated there. Moreover, for specialists (engineers 

and the like) and for a smaller number of privileged workers, the company rented 

between 70 and 100 apartments in Baku, with 4-5 persons living in one apartment. In the 

construction site in Mingachevir, a town 350km away from Baku, i.e. in three homes that 

belonged to the construction site with the same name, there were around 205 workers, 

which was the full capacity of these objects. 

Exploited workers were mostly young men, many of them being between 18 and 22 years 

of age. There were several women among them, who mostly worked in the kitchen or 

in administration. 

627 

The workers received advance payments in the amount of US$ 200, while those who allegedly were on the return list received US$ 100 each. 

628 

The workers use term “dorm” to designate dormitories, i.e. houses rented by SerbAz for their accommodation. 

629 

These are the following dorms: the Varovski 1, the Varovski 2, the Badamdar 1, the Badamdar 2 and the Badamdar 3. 

420


About the Company – Owners, Management Structure and Hierarchy 

SerbAz Project and Construction LLC, according to unofficial information that the workers 

managed to get 630 , is a Dutch-Azerbaijani company, i.e. it is registered in both these countries. 

Although some workers and the media said that the company was registered in Bosnia and 

Herzegovina and in Azerbaijan, the Republic of Srpska (BaH) Labor Inspector Radmila Puzić 

resolved this confusion in her statement to Blic Daily 631 , saying that “they are not in position 

to take any concrete measures relating to this case, since company SerbAz does not exist 

in any register in the Republic of Srpska” and that they “haven’t seen the contract between 

the workers and the employer”. On the same occasion, she called on all injured workers to 

contact the labor inspection. Also, Milan Sladojević, Head of Economic Affairs in Gradiška 

municipality confirmed that they had no information about SerbAz Company. 

SerbAz Company is not registered in the Republic of Serbia either, i.e. information on this 

company cannot be found at the Serbian Business Registers Agency 632 . 

Since June 2009, SerbAz head office was in Neftchi Health and Sport Center, Azadlig 

Avenue 128, Baku. It is interesting that this Center is in the jurisdiction of the Ministry for 

Youth and Sport, which was at the same time the investor of works on some of SerbAz’s 

construction sites. 

Data on the ownership of the company are contradictory, too. It is said that Milan 

Vučenović (lives in Russia, where he has family and business contacts and several 

construction sites) holds 51% ownership of the Company. On the other hand, certain 

Dejan Cvetković is also mentioned as the majority owner of the company (according to 

some workers, he is the citizen of Serbia, originating from Valjevo, while other believe that 

he is the citizen of Bosnia and Herzegovina, but lived in Serbia for a long time). 

The construction sites in Azerbaijan are managed by Božidar Božo Vučenović, Milan 

Vučenović’s brother. The workers describe him as a very arrogant and violent man. They 

say that it was him who took US$ 21.6 million intended for workers’ wages. 

The Vučenović brothers have property in Bosnia and Herzegovina (inter alia, enterprise 

Oroz – a chain of stonemason shops and Zrnić komerc – enterprise for the production of 

PVC and aluminum doors and windows), which should be borne in mind in case of initiating 

proceedings against the said persons before the courts in Bosnia and Herzegovina. 

630 

It can be also heard that SerbAz is a part of a larger concern which has its capital in Russia, too. 

631 

http://www.blic.rs/repsrpska.php?id=116988 

632 

http://www.apr.gov.rs/ 



The next person in the hierarchy is Rade Ljubičić, the citizen of Bosnia and Herzegovina, 

Božidar Vučenović’s right hand, first technical and than financial director, as Božidar 

Vučenović presented him to the workers. Like Božidar, he was known for cruelty and strict 

regime he imposed on workers, and especially for very strict penalties. Here it should be 

added that the workers saw Rade Ljubičić at the Belgrade Airport on 12 November 2009 

and that according to information they have, he is currently in the Republic of Serbia. 

Rade Ljubičić’s assistant and a man close to Božidar Vučenović is Saša Lipovac, who was 

in charge of admitting and accommodating workers. He was also very cruel to the workers. 

He lives with his wife in Baku, because a wanted notice has been issued against him by the 

Special Department for War Crimes of the Prosecutor’s Office of Bosnia and Herzegovina. 

Lipovac and his wife Marina were taking the passports away from the workers and they 

were supposed to provide them permits for staying in Azerbaijan. 

Nedeljko Braco Vučenović, son of Božidar and Milan Vučenović’s third brother, was 

the main cashier (in charge of paying wages and advance payments) and was directly 

accountable to Božidar Vučenović. He was violent in communication with workers and on 

several occasions he physically attacked some of the workers. 

Božidar Vučenović’s personal driver and the boss of Azeri workers in the site was certain 

Samir. The workers say that one portion of Company’s property is registered under his 

name because he is the citizen of Azerbaijan. 

Samir’s brother Jeljcin was the chief of all “white helmets” in Mingachevir. He was 

especially punishing and beating the citizens of Azerbaijan. For his extreme cruelty, he was 

transferred from Mingachevir to the construction site Center in Baku, where he continued 

mistreating the workers, particularly those from Azerbaijan and Pakistan. 

The next level in the hierarchy below the management were the so called “white helmets” 

(construction site supervisors), who were in charge of punishing workers. When talking 

about “white helmets”, the workers most often mentioned the following names: Safet 

Turanović Sajo (main “white helmet” and directly responsible to Božidar Vućenović), 

Rasim and Nenad Tatić, all three the citizens of Bosnia and Herzegovina. Thus, for 

example, the workers call Rasim Tatić “The Evil”, while Nenad Tatić is believed to have 

established, i.e. elaborated the punishing system. Nenad Tatić is currently in Banja Luka, 

serving the sentence for theft committed before he left for Azerbaijan. 

Several workers mentioned certain “Colonel”, the citizen of Azerbaijan, whom they think 

422


to be former Azerbaijani police officer. He emerged in October this year, when the workers 

stopped working and started negotiating with the management. “Colonel” controlled 

workers’ return home, accompanying them to the airport, where he returned them their 

passports. The workers say that he was very arrogant and violent, that he was threatening 

and blackmailing them with the return of their passports when they were going home and 

the like. “Colonel” and two more persons were the main actors in an attempt to kidnap one 

of the two workers who were particularly active in mobilizing protests against the company, 

i.e. in negotiations with the management (details further in the text). “Colonel” is believed 

to be the link between the management and local Minister for Culture and Sport. 

Every construction site had a site chief. Site chiefs were not “white helmets”, but they had 

the right to punish workers. Below them in the hierarchy there were shift chiefs, whose 

task was, inter alia, to keep records on the number of working hours for every worker. 

They are followed by brigadiers, who were organized according to the profession, i.e. 

they were responsible for the groups of workers of specific profession (e.g. brigadiers for 

locksmiths, brigadiers for lathe operators, etc.). They could also impose punishments 

Dorms were run by janitors, who were at the same time responsible for discipline in there. 

They were also punishing workers for every violation of the house rules, but they went 

even further (e.g. there was a punishment for a bed not made properly). The janitors were 

directly responsible to Saša Lipovac, to whom they were giving proposals for the type of 

penalty and the amount of fine that should be applied in a specific case of alleged violation 

of rules. If a janitor did not cooperate with Lipovac, he would be punished himself. Several 

workers mentioned Nedžad Bešić, janitor in the Badamdar 2, as very obedient and loyal 

to Saša Lipovac. 

Finally, the workers say that there were several “informants”, i.e. company people among 

them, who would notify the supervisor and the management of all so-called”irregularities”. 

All organizations which were waiting for the workers at the airports had the opportunity 

to meet the “informants”. It was obvious that the workers were reluctant to speak in the 

presence of these persons, while on rare occasions when the “informants” went away, 

they would start talking about what they had been through. 



SerbAz - Company Structure and Internal Hierarchy 

Recruitment of Workers 

The recruitment of workers in the countries of origin was first done by Safet Turanović and 

then by Miroslav Vučenović, cousin of Božidar and Milan Vučenović. Miroslav Vučenović 

is the citizen of Bosnia and Herzegovina who lives in Gradiška (Brestovčina), like the 

majority of hired workers. Information on the employment opportunity for construction 

workers in Azerbaijan was spread by the word of mouth, but according to some media 

from Banja Luka 633 , for some time their ads could be seen around the town. 

Interested workers would first contact Miroslav Vučenović. After some time, he would 

call them back and the workers would then personally give him the copies of their 

passports. On that occasion, they would fill in the “contract”., which was in the form 

of a questionnaire. The contract did not have any company logo or stamp. As for these 

contracts, after having returned from Azerbaijan, two resigned workers from Doboj took 

away these contracts from Miroslav Vučenović and gave them to the police. However, 

they say that the police brought the contract back to him the same evening. 

A couple of months after they had signed the contract and given the copy of their 

passports to Miroslav Vučenović, he would contact the workers again and inform them 

on the date and place of departure, i.e. the airport from where they would leave for Baku. 

633 

According to a journalist from one TV station from Banja Luka. 

424


The workers would cover travel costs from their place of residence to the airport, while 

SerbAz provided plane tickets. The workers would get the tickets at the airport, i.e. at the 

counters of tourist agencies or airline companies at the airport. 

Although the workers say that the entire recruitment went through Miroslav Vučenović, 

for a shorter period of time, recruitment in Živinice near Tuzla was done by a certain 

agency. Unfortunately, we were not able to find precise information on the name, seat 

or owners of this agency. The workers say that the agency charged 600 US$ per person, 

while some paid even more to ensure that they would get a job in Azerbaijan. Certain 

Miralem worked for the agency, who would go to the Belgrade airport to see the people 

off, where he would take additional 250US$ from each of them for alleged visa costs. 634 

Although they were said that they would be reimbursed, they never got this money back. 

As far as the citizens of Macedonia are concerned, these were the installation workers who 

worked on the iron construction of one part of the Expo Hall. The installation workers 

from Macedonia came through the company which name is not familiar to the workers 

we talked with; they only knew that this is the only company in Macedonia working 

with such grand iron constructions. After having finished their work for a Macedonian 

company in the construction site in Baku, in agreement with Božidar Vučenović, they 

started working for SerbAz. 

Entering the Country and Stay in Azerbaijan (Travel Documents and Residence Permits) 

Saša Lipovac, certain Samir and Sajo, and sometimes Željko Popović called Mali Pop (Little 

Priest), would wait for the workers in Baku, immediately taking their passports and plane 

tickets on arrival, with explanation that it was necessary for regulating their residence 

status. The workers did not have access to their travel documents until the moment of 

return to the country of origin. 

At the very arrival, the workers were preventively informed that the management had 

very good connections with the Azerbaijan police. 

As far as residence and work permits are concerned, the majority of workers stayed in 

Azerbaijan illegally. Namely, they entered the country on tourist visas which they paid for 

themselves (visa is obtained at the border checkpoint, i.e. at the airport). They believed 

that work permits would be provided for them within 30 days, which is how long entry 

visa is valid. One number of workers had residence visa, which they were issued after the 

634 

Entry visa for Azerbaijan costs US$ 40 and is obtained at the airport. As it would turn out later, almost none of the workers had legal residential 

or working status in this country. 



entry visa, but they also expired in the meantime and were not renewed. All the workers 

whom ASTRA has been in contact with were illegally staying in Azerbaijan at the moment 

of return. 

In the previous two years, some workers were issued “red ID cards”, i.e. identification 

documents for foreigners in Azerbaijan. This document does not provide right to work, 

but only residence in Azerbaijan. Nevertheless, this document expired for all those who 

had them. Some workers were told that this identification card was actually visa, but 

soon it turned out not to be true. 

According to the workers, SerbAz had not applied for any work permit to the Azerbaijan 

authorities. They estimate that the company management saved (actually unlawfully 

kept) around EUR 1 million on the basis of not providing residence and work permits (the 

costs of issuance of a work permit in Azerbaijan amount to some EUR 1000). 

The workers’ impression is that there was a close link between certain authorities in Baku 

and SerbAz management, especially bearing in mind that so many foreign workers were in 

the country unregistered, working mostly in the capital city. 

The absence of identification documents and residence permit caused numerous 

problems for the workers in Azerbaijan. One of the more drastic examples is certainly 

the arrest of a family of three - spouses who both worked for SerbAz in Baku and their 

seven-year old son. 

Namely, during a walk in Baku, the child took a photo of a car parked in front of the US 

Embassy. Embassy security instantly stopped them and asked for their IDs. Since they 

had no passports on them, the security called the police. All three of them spent seven 

hours at the police station. The wife, through her brother, informed other workers, who 

then called AMC. They managed to find out in which police station the family is kept and 

one of the workers, with AMC representative, went there, where they subsequently had 

to give their statements. 

In the meantime, brother of the arrested woman, who also worked for SerbAz in Baku, 

asked from the management his sister’s and brother’s-in-law passports, but they refused 

to give it. Instead, they sent one Azerbaijan worker with him to go to the police and take 

the passport. However, this was too late, because the police, with AMC’s help, already 

released the family from custody. Namely, passports were brought only seven hours after 

the police arrested the family. 

426


It is interesting that Ana Trišić-Babić, Deputy Foreign Minister of BaH said for the 

media in Bosnia and Herzegovina that before October this Ministry had known nothing 

about several hundreds of BaH citizens in Azerbaijan, because their departure had not 

been reported. 

Living and Working Conditions 

SerbAz had several construction sites in Baku and Mingachevir, while the workers lived in 

collection accommodation or in private apartments. 

At the beginning, there were six workers’ dorms in Baku, but one was closed later 

(Hiderlan) 635 . Workers in Mingachevir lived in one collective center. 

The dorms are actually big rented houses accommodating between 40 and 110 persons,. 

Besides this collective accommodation, there were also apartments for the groups of 4 – 

5 persons rented mostly for specialized and expert personnel, while other could get there 

with management’s recommendation. However, not all specialists lived in apartments – 

this was also up to Lipovac and the rest of the management. 

Living conditions in these dorms were quire bad. Every dorm had bedrooms and a small 

living room which could admit 10-12 persons. Bedrooms had bunk beds and 12-24 workers 

shared one room. The number of toilets was insufficient. 

In the Badamdar 2, there was only one toilet where workers, 96 of them, could poo. The 

janitor would punish the worker who used other two toilets for that purpose. How much 

the fine would be depended on whether this was the first time violation or it happened 

before and the like. 

In the same object, 96 workers had to share only three bathrooms. It was not allowed 

to take a shower before 9 o’clock P.M., but then they would often run out of water. 

The workers say that they were out of water at least four days a week. Namely, in the 

Badamdar 1 and the Badamdar 2, water was brought in cisterns from which the tanks 

would be filled. These tanks were the only source of water for taking shower and doing 

laundry. If the cistern failed to arrive, which was often, they would not have water. Also, 

they lacked hot water because of the shortage of gas. Thus, for example, gas supply was 

cut for three months in the Badamdar 2. Workers had to provide everything necessary to 

maintaining hygiene. 

635 

Until the completion of this Report, another home (Badamdar 2) was closed. 



Very often these dorms were out of drinking water, which the representatives of 

international organizations in Baku and AMC also had the opportunity to witness. 

Since the dorms had gas heating, and gas supply was not regular, it was rather cold there. 

Moreover, the workers say that there were not enough blankets. Electricity was often cut 

off for management’s failure to pay the bill. 

The dorms were run according to strict house rules 636 . The house rules, inter alia, regulated 

when and in which situations the workers were allowed to leave the object. However, 

by special Communication 637 of 13 July, the workers were forbidden to leave the dorm 

whatsoever. When they protested, special passes were introduced, issued to the workers 

by SerbAz superiors every time they left the dorm. Coming late or not obeying house 

rules, including those relating to spare time, resulted in punishments. 

The workers were exposed to physical punishments, threats, relocation to other 

construction sites, dorms and the like. 

Lights in the rooms were turned off at 10 P.M. The worker who would not follow 

was punished. 

In case of illness, the workers had to work. They were not hospitalized when this was 

indicated. There was not a doctor, but health care was provided by a nurse, Macedonian 

national, who, according to the workers, was not a general nurse by education, but dental 

nurse. They say that she was rather hesitant about what to write in her reports and usually 

corrected them in accordance with what the management told her. 

The company did not want to pay for doctor visits. Thus, for example, the worker who 

suffered leg pain was forced to work in slippers on a job which must not be done in 

open footwear. 

His colleague got hernia for carrying heavy objects. The doctor said that he could work, but 

some less heavy job. He therefore asked to be transferred to the position of a doorman, 

but was refused and had to continue working his original job, which included carrying 

heavy objects. 

Food in the canteen at the construction sites was poor and insufficient. The workers say 

that it was prepared with plenty of browned flour in order to reduce the sense of hunger. 

They rarely had meat and never had fruit. Breakfast was identical every morning and after 

636 

See Annex 1 “House Rules”. 

637 

See Annex 2 “Communication“. 

428


ten days many of them they simply stopped having breakfast. Second helping was not 

allowed, even if the food that remained after the meal was thrown away. Every worker 

we talked with in Belgrade said that they were literally starving and that they lost ten or 

more kilos, which had adverse impact on their physical and psychological state. It should 

be borne in mind that, since they were not paid regularly, the workers could not buy their 

own food. 

The workers were delivered sandwiches in black plastic bags that are usually used for 

trash. They were joking that the taste of sandwiches was completely in line with 

their package. 

From the moment when they were put “on halt” (when the works were stopped and rapid 

return of workers began), the workers did not have breakfast, because it was not brought 

to them any longer. Twice a day, they would get a canister of soup and small quantity of 

bread, i.e. food that was insufficient for all of them in terms of both quality and quantity. 

The situation was identical in Mingachevir. From the moment when the works stopped, 

they were getting two meals a day. Like the workers in Baku, they say that the food was 

awful. They used money which their families sent them to buy food. Still, the majority of 

workers did not have money, so the shop owners (local population, unrelated to SerbAz) 

sold them food, coffee and cigarettes on credit. They could do their shopping in this way 

in three shops. However, when the shop owners realized the situation in the company and 

that the workers would not get the money, they stopped giving them groceries. Till that 

moment, their debt increased very much. Since they had no money, they were fishing in 

the river and cooked what they caught. To get some cash, they were selling their mobile 

phones, wedding rings and anything valuable they had. 

As far as construction sites are concerned, in October 2009, SerbAz had several sites in 

Azerbaijan. In Baku, they worked on the construction of the Expo complex, a shopping 

moll near the Central Bank, on the reconstruction of a castle, on the construction of 

presidential palace “Buta” and on company’s own construction site In Mingachevir, 

they worked on the construction of Olympic Training and Sport Center financed by the 

Ministry for Youth and Sport. 

The workers are using internal names for construction sites in Baku. The largest site, 

where the greatest number of people was engaged, is called Expo and is situated near 

the airport. 

Site Center was near the National Bank (Milli Bank). 



The site, where, according to the workers, the old castle was reconstructed, is called Zax. 

For SerbAz, a central storage of 4500 m2 was constructed and this site is called Mardekan. 

Later, the main entrance to this construction site was shut down (welded) – it is not known 

by whom, but the workers assume that the police did it for the sake of investigation. 

Security appeared in the construction sites in October, when the workers stopped 

working. The workers we talked with are not sure whether this was private security or the 

police, since the guards were wearing uniforms similar to the police and were searching all 

workers and vehicles on entry into the site. 

Sites Expo and Center were guarded by the police for some time, because the company 

told them that the workers were threatening to put structures they built on fire. We have 

no information whether such security is still present. 

As far as working hours is concerned, shifts were supposed to last for 12 hours (day shift 

and night shift), which meant that, including preparations, commuting and the like, the 

workers would be spending 15 hours outside the dorm. The employer could prolong the 

working hours any time, without announcement, while workers did not have right to 

complain or refuse to work prolonged hours. 

One of the most extreme examples with regard to the working hours occurred during the 

final stage of works on the Presidential Palace “Buta” in Baku. Nenad Tatić did not allow 

the workers to leave the site for 36 hours, during which they had to work non-stop. If a 

worker did not want or could not work that much or if he was caught sleeping, he would 

be punished. 

In the construction sites, they worked in large workshops made of tin with rather bad 

ventilation. In summer, it was extremely hot and airless. The workers were making some 

sort of ventilator to cool down, but this could not significantly improve the situation. 

There were no toilets in the workshops, but they were completely separated, like an 

outhouse. Toilets were dirty, without running water, soap or toilet paper. 

The workers were working without standard protection gear. For some time, they were 

forbidden to wear working gloves. Later, they were permitted to wear the gloves, but they were 

of such a poor quality that they could last only one day, after which the workers were again 

left bare-handed. In addition, their working suits were of poor quality, too. The sparks would 

make the suit melt on workers, for which reason they mostly worked in their own clothes. 

430


As mentioned earlier, the workers could not have a sick leave. The worker who could not 

wear shoes due to the leg condition was forced by the management to work in slippers 

on the lathe operating machine, which produces plenty of scrap metal and emulsions. 

Fire extinguishers were mostly out of order and scarce. The workers realized this once 

when the fire started which threatened to spread to the whole workshop. 

In the last six months, three workers passed away in Azerbaijan. Nebojša Kasagić from 

Gradiška, who worked as a toolmaker in the workshop in the Expo site, died of a heart 

attack. His body was transported to BaH only 15 days later. 

On 20 October, Telekom Srbija’s Mondo web portal (http://www.mtsmondo.com/news/ 

world/text.php?vest=150301#) published Miroslav Vučenović’s statement who said that 

the worker’s body would be transported to BaH in two days. It is also said that “SerbAz 

will cover total costs for transporting the body in the amount of US$ 20,000, while the 

transport will be organized in cooperation with the Ministry of Foreign Affairs of BaH and 

BaH Embassy in Turkey which covers Azerbaijan on a non-resident basis”. 

After having been informed of the death of Nebojša Kasagić, the police paid a visit to the 

Badamdar 2. Also, some two weeks ago, three workers who were present when Nebojša 

Kasagić passed away gave their statement to the police in Baku. 

The second worker who passed away was from Živinice (the workers we talked with could 

not remember his name) and worked on the site in Mingachevir. His body was transported 

to BaH nine days after he died. 

The third one who passed away was Almir Hodžić from Jajce, who lived in the Badamdar 

1. Almir Hodžić had been ill for nearly a month, for which reason he was sent home, where 

he died only five days later. 

All three workers died of heart attack. 

According to some accounts, the workers themselves were collecting money for the 

transportation of bodies of their deceased colleagues to Bosnia and Herzegovina. 

Generally, people from the management (Božidar Vučenović, Rade Ljubičić, Nedeljko 

Vučenović) were very often collecting money (10-50 manat 638 ) from the workers for 

various purposes, allegedly to help someone. 

638 

Manat (AZN) is a local currency in Azerbaijan. At that moment, 1 AZN equaled 1 EUR. As of 25 November 2009, the exchange rate against EUR 

was 1.2034, while 1 US$ is exchanged for 0.8025 AZN. Source: http://www.nba.az/default.aspx?lng=en 



The workers do not know whether any investigation was run later relating to these 

people’s deaths, besides the statements that were given, and if it was, whether it brought 

any results. All the workers we talked with say that awful living and working conditions in 

the homes and construction sites contributed to the death of their colleagues. 

Agreed Wages and Their Payment 

Before leaving for Azerbaijan, the rights and obligations of the workers and SerbAz 

company were regulated by a “contract” produced in only one copy kept by SerbAz. The 

contract envisaged that the wages would be paid out in cash, on a regular basis, between 

the first and the fifth day of the month, at an hourly rate of 5-7US$. The hourly rate in the 

first month should have been 5-5.5 US$ and to grow in the following months depending 

on the type of work. However, the workers received only a portion of expected payment, 

i.e. they were paid out according to the hourly rate of 3-4 US$, whereby the final amount 

they received was reduced by US$ 1000-3700. 

The workers were promised to be receiving 50 US$ per month as a meal allowance, but it 

has not been paid to anyone. 

Since May until August 2009, the workers were not paid out at all, i.e. those who came to 

Azerbaijan in April received their first wages at the beginning of August, while those who 

came in May received nothing before the return. 

SerbAz management advised the workers that it is “in their best interest” to leave the 

portion of their earnings to the company for safekeeping, as a kind of saving scheme, 

which some workers actually did. They never managed to collect this money again. 

Fines 

Every person in the construction site or in the dorm had the right to punish the workers. 

All penalties were imposed orally and there is no written proof of such practice. In the 

construction site, these were mostly fines 639 amounting to 100-500 US$, or even more in 

certain cases. These fines were in most cases “ordered’ by Rade Ljubičić 

There are only a few out of numerous examples of penalties. 

The workers who worked in the small locksmith workshop, lathe operation workshop 

and tool making workshop were leaving work five minutes earlier to come to lunch on 

639 

The workers use Russian word “straf” for all sorts of penalties they were exposed to by SerbAz management. 

432


time, since their workshops were furthest away from the canteen. For this reason, Rade 

Ljubičić extended their working hours for 10 minutes, i.e. until 7.10 P.M. to compensate 

for starting their lunch break earlier. 

Two workers used to work the night shift on the tin folding press. They brought in the 

material and got prepared for “winding” it, because they spent entire raw materials. At 

that moment, Rade Ljubičić entered the workshop and saw them standing and talking. He 

instantly said that they were doing nothing, that they finished their shift and that they 

should leave the workshop right away and go home. He additionally fined them with US$ 

500 each. He told them to come to the morning shift the next day and that they would 

be reduced to assisting worker, which is paid less. The two workers tried to get their old 

jobs back with the mediation of one of the chiefs, but Rade Ljubičić immediately returned 

them to the assisting job, where they stayed until they returned home. 

Workers who were issued permits to leave the dorm had to return at the time specified 

in the permit. They would be punished for being late or for leaving the premises without 

company’s permit. Saša Lipovac was checking whether the workers retuned on time 

through the janitors, who were also afraid of him. On several occasions, Lipovac punished 

the janitors for not reporting workers being late. He required the janitors to take photos of 

the beds in dormitories so that he could see whether the beds were made properly or not. 

During his spare time, one of the workers went to sleep and left his clothes on the bed. 

Lipovac entered the dormitory and fined him with US$ 50 for leaving clothes there, 

although there was no other place to put it. Another worker hanged his shirt on the bed 

because there was no room in the closet, and was also fiend with US$ 50. 

The workers would sometimes be waken up at 1.30 A.M. (regular waking time was 4.30- 

5.00 A.M.) to measure their blood alcohol content. 

In June 2009, SerbAz owners opened kiosks in the dorms (Badamdar 1, 2, 3 and Varovski 

1) and in the construction sites (Expo and Center in Baku and in the site in Mingachevir), 

where the workers could take cigarettes and food at higher prices than in the regular 

shops. This was later subtracted from their wages. One worker was taken US$ 197 on 

account of these costs from his April wage, although kiosks did not exist back then. 

One month, Nenad Tatić, one of the key “white helmets” at the construction site Center 

(and before that at the construction site of the Presidential Palace), collected a total of 

AZN 60,000, i.e. EUR 60,000 in fines. 



PUNISHABLE ACT 

Failure to make the bed properly 

Leaving personal staff in the dormitory 

Failure to take off shoes and put on slippers when entering the dorm 

Use of toilette outside the dorm 

Failure to produce a report at the end of the working hours 

Using the toilette more than two times during the shift 

Jumping the queue during the lunch at the canteen 

Stopping the work for one minute 

Leaving the workshop one minute earlier (two minutes = 200 $) 

Coming late from town, shop… per started hour (including on days-off) 

Repeating the use of forbidden toilettes 

Gossiping about the company’s management 

Consuming alcohol outside the working hours (1 beer) 

Refusing alcohol test 

Refusing overtime work 

Sleeping when it is not the sleeping time 

Early termination of the “contract” 

Failure to obey the time specified in the “permit to leave the camp” 

Leaving the camp without permit 

FINE 

50 US$ 

100 US$ 

200 US$ 

500 US$ 

Agency fee in Gradiška 

Agency fee in Živinice 640 

Travel costs of the earlier return from Azerbaijan 641 

Refusing overtime work 

640641 

Limited Freedom and Control of Movement, Confiscation of Documents 

434 

250 US$ 

600 US$ 

1800 US$ 

Additional work day 

From the first moment of their arrival in Azerbaijan, the workers were presented with the 

rules they were required to obey. Also, their passports and plane tickets were taken away 

already at the airport. 

At the door of every collective accommodation unit, there were printed house rules, 

which the workers had to comply with. However, these rules were always changing. Since 

May 2009, the movement of workers was gradually limited until any form of leaving 

company’s premises (construction sites and dorms) was totally banned. Total limitation 

of the freedom of movement was carried out in two stages: 

640 

Although the workers would have already paid to the agency for getting a job in Azerbaijan, this fee was additionally charged after they had arrived in 

Azerbaijan. 

641 

Such return had to be previously approved by SerbAz management, even in the situations when the workers had to go due to illness or family issues (death and 

the like).


• In May 2009, it was banned to leave the premises after 7 P.M. (in the house rules, this 

time was initially set at 11 P.M.); 

• Since 13 July 2009, the workers have been prohibited to leave company’s premises 

for whatever reason. They were not allowed to leave the houses they lived in. After 

work, they had to go straight home. If they wanted to go to a grocery store, they 

had to notify the janitor, who would approve their leaving. If there was a need for 

a longer stay outside the collective accommodation, it directly depended on Saša 

Lipovac’s approval. 

Since the workers protested, special permits for leaving the premises were introduced. 

They were issued by site chiefs and Saša Lipovac. Thus for example, at the construction 

site Center, permits were issued by Safet Turanović and at the construction site Expo by 

Zoran Kalajdžić. 

The workers were issued the permits in which it was specified in what time period they 

were allowed to leave the premises and for what reason (going to the Internet café, 

groceries shopping etc.). If someone was late or left the premises without the permit, he 

would be punished. 

The Management explained that such limitations were necessary because the workers 

had not have documents and if they had been stopped by the police, they would have 

been arrested. In that case, SerbAz would have to pay the bail and fine. 

In addition to not being allowed to move freely in Baku and in Mingachevir, the workers 

also could not leave their jobs, i.e. Azerbaijan in the situations of emergency, such as the 

illness, either of the worker himself or of a member of his family, even to attend the funeral. 

There were several cases that the workers were not permitted to attend the funeral of their 

close relatives. For example, one worker was not allowed to go to his mother’s funeral. 

Another worker asked the permission to leave, without being paid for the work done until 

that moment, because his 11-year old brother died, but he was rejected. Similar situations 

which involved workers’ urgent family affairs were numerous, but the management still 

did not let them go. 

In the section Entering the Country and Stay in Azerbaijan (Travel Documents and Residence 

Permits), we presented in detail how travel documents were taken away from workers. In 

short, from the moment they landed to Baku until they boarded the plane to fly home, 

the workers were not in possession of their documents, which were kept at Company’s 



head office. This fact was presented to the BaH Consul who came to Baku at the end of 

October to examine this case, but the workers still did not get their passports. This made 

them additionally resigned, hopeless and suspicious of Consul’s motives. 

The workers usually asked for their passports from Saša Lipovac or Rade Ljubičić, 

sometimes from Nedeljko Braco Vučenović. Instead of documents, they would be given 

various excuses: the passport was not there for some reason, it was locked in Božidar Božo 

Vučenović’s office who was away and nobody had the key and the like. 

The family of one worker in BaH sent him money via Western Union (families were often 

sending money to the workers for basic needs since they had no wages). However, it 

nearly happened that the money was returned because management people would not 

give him his passport or even let him leave company’s premises. Finally, one company’s 

man accompanied him to the Western Union with the passport. At no time did this 

worker have the passport in his own hands. 

Threats of Violence and Use of Violence 

Throughout their stay in Azerbaijan, the workers were exposed to hints and/or direct 

threats of various penalties if they broke some of company’s rules. Božidar Vučenović had 

his personal security, composed of Samir and several other Azerbaijan nationals. Samir 

carried a gun and made sure that all workers knew that. His presence was an indicator 

that there was a problem in the company. 

In the text below, we are listing some of the most drastic examples of violence 

against workers. 

Božidar Vučenović threatened to one of the workers who participated in negotiations that 

he would be killed on his doorstep. During one night shift at the site, after having heard 

that a worker made some accusations that included him, Božidar Vučenovićb attacked 

him, slapped him in the face and started strangling him, yelling “Defend yourself, I’m 

going to kill you!” Several workers were present during this incident, including night shift 

chief of the locksmith workshop and toolmaker. The attacked worker temporarily lost his 

hearing in the incident. 

In the construction site Center, there were metal containers where the main office of the 

Company used to be situated. One of these containers was on more than one occasion 

used as a detention unit. 

One worker who worked in Mingachevir was locked there for three days. His mistake was 

436


that he brought 0.5 liter of vodka, juices and food (meat) to the dorm wishing to treat his 

coworkers because he was going home. Some people were assigned to guard him while 

he was detained (one of them is Vranješ from Kula, Republic of Serbia). 

Another worker was kept for the night and beaten in this premises. He previously 

received news from Bosnia and Herzegovina that his parents were ill. His wife did not 

have money for medicines and he could not send her any. When he returned to the dorm, 

he expressed loudly his discontent with the management and with his own position. 

We had a verbal conflict with the janitor, who notified Saša Lipovac. Saša Lipovac came 

with three disguised men to pick up the worker and take him to the construction site, 

where Božidar Vučenović and Rade Ljubičić already waited for them. The workers say that 

Božidar Vučenović was the first to start beating this man, who fell down after the first hit. 

They continued beating him up during the night and brought him back to the dorm the 

next day. He was not allowed to leave the dorm. This worker used his family and personal 

connections in Bosnia and Moscow and managed to leave Azerbaijan. 

The chief of lathe operating and locksmith workshop in one construction site was 

dismissed from position for an error in the production of hinges. The error occurred 

because the company gave incorrect sketch to the worker who made the hinges. Still, the 

chief was dismissed, his hourly rate for previous work was reduced and he was assigned 

to work as an ordinary worker. Dissatisfied with such decision of the management, he 

asked to be paid out and go home. He was paid out much less than he expected (they 

deducted, inter alia, transportation costs from his wages). This is when he was hit in the 

face. Although he was too scared to tell who hit him, the workers are positive that this 

was Nedljko Braco Vučenović, who was in charge of making payments at that period. 

At the Baku Airport, two workers were beaten up by Azerbaijan national Samir, because 

one of them said to Božidar Vučenović, who was also present, that he should be ashamed. 

The second worker agreed and tried to protect his colleague, after which they were 

beaten up. Although the incident took place in the Airport building, the airport security 

did not react. 

One time Saša Lipovac took several workers out from café “Stranger” in Baku to do the 

alcotest in the management building. One of them refused to do the test, left the building 

and returned to the café. Saša Lipovac returned, too, and when the worker refused to 

go out, he slapped him in the face. Then Lipovac and another person grabbed him and 

threw him out with idea to take him to the management building again, but the worker 

managed to run away. He returned to the apartment, the situation somehow calmed 

down thanks to the mediation of other workers, but he was soon sent home. 



The same night, Saša Lipovac told Safet Sajo Turanović that one worker was badmouthing 

the entire SerbAz management. At half past midnight, Safet Sajo Turanović came with 

Samir to pick up the worker, in order to take him to the management building and 

probably physically abuse, i.e. punish him. Božidar Božo calmed down the situation after 

being called by telephone by Safet. The worker is convinced that Saša Lipovac provoked 

this incident on purpose in order to cover up for hitting the worker at the café, thereby 

manipulating Samir. 

Violence was mostly aimed at those workers who organized negotiations with the 

management and who actively fought for their rights and rights of their colleagues. For 

this reason, AMC had to move the two most prominent workers to a separate apartment. 

On 27 October 2009, two workers who participated in negotiations, together with OSCE 

and AMC representatives, visited the Badamdar 3. People who were staying there were 

out of water, so one worker and AMC driver and another man from that dorm went to 

buy some. On their way out, they observed black Toyota Prado and Mercedes C class 

on the parking lot, with three men standing on the side. They seemed to be Azerbaijan 

nationals. When they returned from the shop, the same men were still there, but besides 

the mentioned two vehicles, another car was observed at the parking lot, white Mercedes 

S class. Among the men standing there, they observed one Azeri who used to come to 

SerbAz office. When they left the Badamdar 3, OSCE and AMC representatives saw the 

same people again, as well as another car parked on the other side of the street. Both 

workers got in the car with AMC representative, and they left together with OSCE vehicle. 

Parked car followed them. 

Several times they tried to get lost from their unwanted escort and at one point, in order 

to hide their track, the vehicle in which the workers were parted from OSCE vehicle. 

Hoping that they succeeded, they headed to the apartment in which the workers were 

accommodated for safety reasons. 

Having entered the apartment, the two workers tried to cover the windows with the 

blanket. On the street, they observed a young man wondering around the building. At 

that moment, black Infiniti jeep parked in front of the building and four men came out. 

They were joined by two other men. One of them was Saša Lipovac, carrying a black beg. 

The workers suspected that he was carrying a gun in the beg. They called AMC and Joanna 

Qanson from the US Embassy and explained them the situation, and they then notified 

the police. 

The workers soon heard the car horn, which sounded once shortly. Five minutes later, the 

same horn could be heard once again. They assume that this was a signal for the people 

moving around the apartment. The entire time, the two of them were standing at the 

438


window and could not move, because they were holding the blanket on the window. 

Their mobile phones were on silent regime. At that moment, one worker received a text 

message from Saša Lipovac saying that he had no credit on the phone and to call him 

back, probably in order to locate in which apartment he is. After the third sound of horn, 

the men retuned to the jeep. 

Five minutes later, AMC representative arrived with the police, and all of them together 

went to the police station, where they talked with the Marshall, who gave the workers his 

phone number so that they could call him if the attack repeated. 

One day later, AMC representative Alovsat Alijev was attacked when he went to SerbAz 

premises to enquire about the lists of people who should go home and what Saša Lipovac 

and the group of men had been doing in front of the apartment with workers the night 

before. Such situations are not new or surprising for NGO human rights defenders. 

However, it should be stressed here that a SerbAz officer told AMC representative on this 

occasion that „if they had found one of the two workers that night, he would have most 

likely be killed“. 

AMC filed two complaints to the Yasmal Region Police, pertaining murder threats which 

this worker received while staying in Azerbaijan, but no response has been received to date. 

On 5 November 2009, ten workers were told to come to the management building to 

get their wages. They called the representatives of AMC and local NGO Women’s Bar 

Association to be present during the payment, transportation to the airport and return of 

the passports. 

One of them, being paid out, made a comment that the amount he received was 

considerably smaller than what he actually earned. Wishing to protect worker’s interest, 

AMC representative asked SerbAz to issue an official certificate on the payment made. 

However, 5-6 men immediately attacked him and threw him out of the building. 

The workers were kept in the building for 2.5 hours, i.e. until almost 10 P.M. One of them 

was singled out from the group, which was waiting in the yard for their transport to the 

airport. SerbAz staff was insulting and threatening him. “Colonel” and several other 

people from SerbAz security tried then to push him into one vehicle. He does not know 

where they planned to take him. 

However, two other workers returned and stopped them push him into the car. They 

refused to leave him, for which reason all three of them were put in two vehicles with 

“Colonel” and his people and arrived to their dorm at around 10.50 P.M. 



Leaving the Country 

Since October 2009, the workers in Baku stopped working altogether. In Mingachevir, the 

works stopped in August 2009 (it is not known whether this was due to the lack of raw 

materials or something else). 

During this period, “Colonel” informed the workers that SerbAz did not operate any 

longer in Azerbaijan, without stating any reasons for this, and that from then on, they 

worked for a certain Azerbaijan company. Asked about their unpaid wages, he told them 

to see with SerbAz about that. 

The workers were forced to leave Azerbaijan, without possibility to choose whether and 

when they wanted to return home. They were returning in the groups of 10-45 persons, 

which was organized and paid for by SerbAz. 

In workers’ opinion, collective return has been organized as the quickest and most 

efficient way for removing evidence and covering up the facts relating to exploitation, in 

which way conditions for perpetrators’ impunity have been created. 

Several times a week, the company informed the workers, either by mobile phone or by 

delivering the list of names to the janitor, who should report to the management building 

for the purpose of returning home. On the day of return, on the company’s premises, 

they were forced to sign a document stating that they were paid out in full and that 

the conditions were satisfactory. Having signed that paper, they would receive a certain 

amount of money (reduced in a way described in the section Agreed Wages and Their 

Payment). After they left the management building, a van would wait for them to take 

them to the airport, where they got their passports. Some got their passports only when 

they got to the airport. Sometimes, the door of the management building was locked 

when the workers got in. In several cases the workers were signing the statement and 

taking their wages and passports in the van driving to the airport or when they reached 

the airport. 

The workers were returning home by plane via Vienna, Istanbul or Moscow to Belgrade, 

Zagreb, Skopje or Sarajevo, without any regards to their country of origin. SerbAz 

representatives were the only ones who had precise information about the flights that 

were to take the workers home. On their way to the airport and at the airport, they were 

surrounded by SerbAz security and could not communicate with anyone. 

440


Since the majority of workers stayed in Azerbaijan illegally, they had problems with 

airport personnel on their departure, as well as at the airports where they landed. One 

worker says that he had to pay US$ 600 to the airport officers to let him leave Baku. 

At the passport control at the Baku airport, the workers could have found themselves in 

one of the two scenarios: airport officers would ask for money to let them leave the country 

or “Colonel” would make a phone call, after which the workers would be allowed to go. 

When they landed to the airports in the countries of origin, the workers were mostly 

buying their own bus tickets and organizing their return to their places of residence. It is 

known that the representative of the Agency for Coordination of Protection of Trafficking 

Victims in Belgrade met only one group of workers at the airport upon their return, when 

she spoke with certain Goran Savić from Bački Jarak, who said that he did not need any 

assistance, because everything had been fine in Azerbaijan. It is this man whom other 

workers marked as one of the Company’s people. 

We do not have information on whether state authorities have organized receipt, identified 

(as potential victims of exploitation), offered assistance, organized transportation to the 

place of residence or did the risk assessment for the arriving workers. 

Risk Assessment 642 

To our knowledge, Azerbaijan authorities did not do any risk assessment relating to the 

safety of workers’ staying or return. The authorities in the countries of origin also failed 

do any risk assessment for those workers who returned. 

When the problems culminated, several workers stood out for their engagement against 

company’s management. These workers received the majority of threats from the 

management. To one of them, Božidar Vučenović threatened that he would be “killed on his 

doorstep”; the same worker also experienced an attempted murder in Baku. Although he 

was displaced from collective accommodation, SerbAz people kept him under permanent 

surveillance. AMC filed two reports pertaining to threats to this worker and request for 

protection, but no answer has been received. Since ACM as an NGO could not guarantee 

him safety, at their initiative and with the assistance of the police, he left Azerbaijan. He 

could not return home, because he did not feel safe in BaH either. No safety measures 

have been taken regarding this worker yet. With regard to his experience with institutions 

in Azerbaijan and his assessment of his own safety, he has decided not to report the case 

directly to the authorities, but to try to realize his rights in cooperation with the NGO sector. 

642 

Please bear in mind that risk assessment for trafficked persons is rarely done in SEE countries. 



It is especially alarming that Rade Ljubičić, Slaviša Kojić from Gradiška (chief of the 

construction site in Mingachevir) and Zoran Kalajdžić „Kalajdžija“ (chief of the site Expo 

in Baku) were seen at the Belgrade Airport. The reason for their arrival to the Belgrade 

Airport is not known. 

Another worker also took part in all risky situations in which workers’ safety was 

compromised. He was under permanent surveillance by SerbAz people. His engagement 

at AMC office and the fact that he could speak English, which enabled him to directly 

communicate with the representatives of international and nongovernmental 

organizations interested in the case, as well as regular contact with the BaH media, 

are only some of the reasons for which his safety was at risk. Only thanks to workers’ 

awareness of the danger, they reacted properly and prevented his abduction by SerbAz 

security right before his expected return home. 

When waiting for the workers at the airport, ASTRA representatives in Belgrade and La 

Strada representatives in BaH had the opportunity to see several persons who refused 

to say their names, and who were also waiting for the workers and telling them that 

everything was fine in Azerbaijan and that there was no need for spreading “lies”. The 

workers themselves say that these are the persons hired by SerbAz for intimidating the 

workers upon return. 

No risk assessment was done for any worker exploited in Azerbaijan, which should have 

been the first step before their return, especially having in mind all acts of violence they 

were exposed to. Only in this way would it be made sure that the workers – trafficking 

victims and their families were safe. 

Risk and safety assessment would require coordinated collection of information from 

all actors involved in the case: organizations, institutions and individuals, above all the 

workers. In this way, we would have better picture of their position after getting out of 

the situation of exploitation. 

It is clear from workers’ statements that they do not feel safe after they have returned 

home; they feel that their safety would be particularly compromised if they tried to realize 

their right to indemnification for exploitation they survived. 

All workers were threatened by SerbAz people, whereby it should be borne in mind that 

these are mainly family people whom the traffickers know, together with their families, 

home addresses, etc. 

442


Many persons who participated in the exploitation of workers returned home. It is 

thus known that Zoran Kalajdžić, Nedeljko Braco Vučenović, Safet Sajo Turanović and 

Mile Vekić are currently in Gradiška. The workers are very angry because persons who 

treated them with utmost cruelty and stole their earnings now walk freely without any 

punishment and they see them every day in their towns. 

Since no risk assessment was done, it was not possible to make the risk management plan 

either, which would include the elaboration of the scenarios of possible risks which these 

workers – trafficking victims and their families may encounter upon return to the country. 

Only in this way would it be possible to reduce all the risks to minimum and manage 

them efficiently. 

Response from State Authorities 

According to information that we have, the National Coordinator for Combating Human 

Trafficking in Azerbaijan submitted the report on the current human trafficking situation 

in Azerbaijan to the Parliament on 28 October 2009. On that occasion, he said that the 

situation with workers from Serbia and Bosnia and Herzegovina was not the problem of 

Azerbaijan, since the workers signed “contracts” with SerbAz in their home countries. 

As said before, in spite of several reports filed to the police in Azerbaijan regarding the 

threats which the workers received and requests for protection, the police did not react. 

All workers we talked to so far say that none of them was asked to make a statement 

regarding this case while they were in Azerbaijan. 

The workers sent a memo to the Azerbaijan State Prosecutor, informing him on the 

developments in SerbAz. Until their return to their home countries, they received no 

feedback on whether any procedure was initiated. 

The workers also say that not even one Azerbaijan official visited them, although the 

authorities seem to be well informed about what was going on in SerbAz. 

The workers also asked for help from BaH Ambassador in Turkey, Dragoljub Ljepoja, who 

sent Consul Brano Pećanac to Baku to see the workers. Pećanac and his assistant Amel 

came to a three-day visit on 23 October 2009, but on the first day he met the director of 

SerbAz. Although the workers said that they did not trust SerbAz management and that 

they wanted to meet the Consul alone, he visited them together with Saša Lipovac. The 

Consul said that he could not provide assistance, although he talked with Azar Rahimov, 



Azerbaijan Sport Minister and got information that 300 workers would stay to work, 

whereby he did not talk with the workers and did not know whether they wanted to stay or 

not. On the third day of the visit, the Consul had a meeting with workers’ representatives 

and AMC, while one worker loyal to SerbAz was selectively translating to the Consul 

what the representatives of this NGO were saying about irregularities in SerbAz and their 

treatment of workers. After the meeting, the Consul called one of the workers and said 

that he checked 600 passports and that everything was alright. He also said to the worker, 

in a threatening voice, “to watch out whom he is cooperating with in Azerbaijan”, alluding 

to AMC. The following article was published on Consul’s visit to Baku: 

http://www.mfa.gov.ba/HTML/Arhiva/Eng/S_1009/S261009_A.html 

As far as countries of workers’ origin are concerned, i.e. Macedonia, Serbia and Bosnia and 

Herzegovina, all relevant authorities have been notified. However, until the completion 

of this Report, we do not have information whether any measures have been taken 

against the persons who recruited the workers for work in Azerbaijan or against SerbAz 

management. Also, competent authorities of the National Referral Mechanisms failed to 

identify victims or to offer any assistance (transportation to the place of residence, legal 

or psycho-medical assistance, protection from threats). 

As mentioned earlier, the representative of the Serbian Agency for Coordination of Protection 

of Trafficking Victims met one group of workers at the Belgrade Airport and talked with 

certain Goran Savić who said that he did not need any help and that he had not had any 

problems. According to others, this was one of the workers loyal to the management. 

Chronology of NGO Activities 

Since the first information about what was going on in Azerbaijan was received on 21 

October 2009, nongovernmental organizations in Serbia, Bosnia and Herzegovina, 

Macedonia, Croatia and Azerbaijan got organized in order to provide as adequate as 

possible assistance to the workers: 

• Regular communication and coordination of activities among NGOs from the four 

countries have been maintained; 

• State authorities in all the countries involved have been notified of the developments 

in Azerbaijan (in Serbia, this is the Agency for Coordination of Protection of Trafficking 

Victims and the Section for Combating Cross-Border Crime of the Serbian Interior 

Ministry’s Border Police Directorate); 

• National Coordinators in the countries of origin have been contacted in order to inform the 

police at the airport to expect the arrival of workers who had been exploited in Azerbaijan. 

444


• Whenever possible, the receipt of workers was organized at the airports in Belgrade, 

Sarajevo and Zagreb. Since 27 October 2009 to date, ASTRA met ten groups of 

workers at the Belgrade Airport (October 27 – two groups, October 30 and 31 and 

November 3, 4, 5, 6, 7 and 10). Field actions were organized to meet the workers, 

establish contact, possible urgent intervention and further assistance; 

• La Strada BaH organized receipt for three groups of workers, two of which landed 

to Sarajevo and one to Zagreb. The workers were informed about the work of this 

organization and were given contact information for possible legal assistance (La 

Strada BaH and Vaša prava/Your Rights); 

• The registration of SetbAz company was checked at the Serbian Business Registry 

Agency and it has been found that such company is not registered in Serbia; 

• Other NGOs in Bosnia and Herzegovina have been contacted which could possibly 

provide legal and psycho-social assistance to the workers; 

• For a smaller number of workers whom family or friends did not pick up at the airport, 

money for transport to the bus station was provided; 

• Emergency accommodation was found for the worker who does not want to return to 

his place of residence out of fear for his safety; the costs of this accommodation are 

borne by the worker himself. 

• The meeting was subsequently organized with six exploited workers in Belgrade. 

Plans 

On 12 November 2009, ASTRA representatives had a meeting with six workers, where 

they agreed on the following: 

• The workers who were at the meeting will stay in touch with their colleagues who 

returned or are expected to return home. As far as the workers from Serbia are 

concerned, upon their return ASTRA will check whether they want to make statement 

to the police, for which purpose the Anti Trafficking Team, and/or the Section for 

Combating Cross-Border Crime of the Serbian Interior Ministry’s Border Police 

Department to find out the exact procedure. 

• ASTRA will, within its capacities, offer legal assistance to the citizens of Serbia and 

check with La Strada BaH whether they can provide assistance to their citizens. 

• ASTRA will examine whether certain international organizations could help the 

workers in their intention to set up an association which goal will be to gather workers 

exploited in Azerbaijan and maintain mutual contact in order to initiate legal action 

for the compensation of damages. 



Requests 643 : 

• We request competent authorities in the Republic of Azerbaijan to provide URGENT 

protection and assistance to workers who are still in the territory of this country, to 

make the risk assessment in cooperation with competent authorities of the Republic of 

Serbia, Macedonia and Bosnia and Herzegovina and ensure safe return of the workers 

to their countries of origin, as well as to include the workers into their National 

Referral Mechanism. Also, we request that individual talk be made with the remaining 

workers in Azerbaijan, without presence of other colleagues, and in particular SerbAz 

management. Namely, we fear that once the dust settles, SerbAz will lose interest to 

return the remaining workers home, justifying such an act with their alleged wish to 

stay in the construction sites in Azerbaijan. 

• We request from the Republic of Azerbaijan protection for the representatives of 

nongovernmental and international organizations who provide assistance to the 

workers in the field from violence of SerbAz security and employees. 

• We request the National Anti Trafficking Coordinators of Bosnia and Herzegovina, 

Serbia, Macedonia and Azerbaijan to make a public statement regarding this case and 

take appropriate measures from their jurisdiction towards starting investigation. 

• We request competent authorities of Bosnia and Herzegovina, Serbia, Macedonia, 

Azerbaijan and the Netherlands to investigate these events and initiate appropriate 

legal procedures against responsible persons in their countries. 

• We request external evaluation of the work of the National Referral Mechanisms in all 

four countries involved regarding this case, as well as the investigation of all cases of 

involvement of state authorities in exploitation, i.e. failures in their work. 

• We request necessary prevention activities on the topic of human trafficking 

and exploitation to be organized for diplomatic and consular personnel in the 

mentioned countries. 

• We request all actors involved in the provision of assistance to the workers, both in 

the country of destination and the countries of origin to coordinate their activities 

in future. Also, we request them to timely consult workers’ representatives on 

planned steps, thereby providing them with information that will not cause additional 

confusion or giving them false hope and optimism. 

• We request adequate assistance to be provided to the workers whose safety is most 

compromised, in a way it was told them before they left Azerbaijan. Also, we request 

support for the establishment of the Association of Workers from Azerbaijan in Bosnia 

and Herzegovina and financial support for their work. In case they start legal action, 

we request comprehensive and appropriate legal assistance to be provided for them. 

643 

Besides NGOs that prepared the Report, NGO Open Gate La Strada Macedonia, which has been informed about the case from its beginning, 

supports these requests. 

446


The Media that Reported on the Case: 

• http://www.slobodnaevropa.org/content/serbaz/1869893.html 

• http://www.mtsmondo.com/news/world/text.php?vest=150301 

• http://www.blic.rs/repsrpska.php?id=116988 

• http://www.azadliq.org/content/article/1860207.html 

• http://www.sarajevo-x.com/bih/crnahronika/clanak/091020053 

• http://www.mtsmondo.com/news/world/text.php?vest=150120 

• http://www.capital.ba/drama-gradevinskih-radnika-iz-bih-u-azerbejdzanu-senastavlja 

• http://www.dnevniavaz.ba/dogadjaji/aktuelno/gradjevinski-radnici-iz-bih-zarobljeniu-azerbejdzanu 

• http://www.facebook.com/group.php?gid=160297873044&v=info&ref=share 

• http://www.bitno.ba/vijesti/bosna-i-hercegovina/radnici-iz-bih-zarobljeni-uazerbejdzanu 

• http://www.rtvmo.ba/index.php?option=com_content&task=view&id=28230&Item 

id=2 

• http://www.dw-world.de/dw/article/0,,4808178,00.html 

• http://www.atvbl.com/index.php?option=com_content&task=view&id=7072&Itemi 

d=2 

• http://www.a1.com.mk/vesti/default.aspx?VestID=116254 


DISCOVERED CASES OF TRAFFICKING AND ACTIONS TAKEN BY THE POLICE AND SWC’S IN THE CITIES WHERE THE 

Annex 5 

Discovered Cases of Trafficking and Actions Taken by the Police and SWC’s in the 

Towns where the Member Organizations of the ASTRA Network Operate 

Within the project “Human Trafficking Watchdogs in Serbia” which was supported by the Delegation 

of the EU in the Republic of Serbia through their EIDHR funds (European Instrument for Democracy 

and Human Rights), in the autumn of 2010, ASTRA initiated gathering of the data related to the 

discovered cases of human trafficking in Serbia in 2010, that is the data on the identified victims 

for the same timeframe. The data were gathered from the authorized departments of the Ministry 

of the Interior, as well as from the local social welfare centers in the towns where the member 

organization of the ASTRA Network operate. In the course of several months, the representatives 

of the NGOs from Zrenjanin – NGO Paor, Vršac – Women’s Rights Centre, Novi Sad – NGO Cube, 

Belgrade – ASTRA, Velika Plana – The World of Words, Niš – Centre for Girls, Vlasotince – SOS 

Hotline for the Women and Children Victims of Violence, Dimitrovgrad – Centre for Cultural 

Affirmation, Vranje –Human Rights’ Committee, Novi Pazar – Association of Women and Mothers 

“ANNA“, Užice – Centre for Girls and ASTRA’s associate from Kragujevac, have conducted a number 

of interviews with the representatives of the aforementioned institutions. The conversations were 

conducted with the employees of the following police authorities: 1. Pančevo PD, the department 

of the border police for foreigners, fighting illegal migrations and human trafficking, 2. Zrenjanin 

PD, the department of the border police for foreigners, fighting illegal migrations and human 

trafficking, 3. Novi Sad PD, the department of the border police for foreigners, fighting illegal 

migrations and human trafficking, 4. Smederevo PD, the department for foreigners, fighting 

illegal migrations and human trafficking, 5. Novi Pazar PD, the department of the border police 

for foreigners, fighting illegal migrations and human trafficking, 6. Užice PD, the department of 

the border police for foreigners, fighting illegal migrations and human trafficking, 7. Vranje PD, the 

department of the border police for foreigners, fighting illegal migrations and human trafficking, 

8. Leskovac PD, the department of the border police for foreigners, fighting illegal migrations and 

human trafficking, 9. Pirot PD, the department of the border police for foreigners, fighting illegal 

migrations and human trafficking, 10. Niš PD, the department of the border police for foreigners, 

fighting illegal migrations and human trafficking, 11. Kragujevac PD, the department for foreigners, 

fighting illegal migrations and human trafficking, headquarters of the PA in Kragujevac, 12. Police 

Department for the City of Belgrade, Foreigners Administration, the Department for fighting 

illegal migrations and human trafficking, Section for fighting human trafficking, and 13. Police 

Department for the City of Belgrade, Police Administration, Department of Public Order, the 

Department for combating prostitution, pimping, gambling, vagrancy and begging. In the social 

welfare centers the representatives from the following towns, that is SWCs were interviewed: SWC 

Dimitrovgrad, SWC Kragujevac, SWC Niš, SWC Novi Pazar, SWC Novi Sad, SWC Užice, SWC Velika 

Plana, SWC Vlasotince and Crna Trava, SWC Vranje, SWC Vršac and SWC Zrenjanin. The data 

for Belgrade, that is the data of the City Social Welfare Center were provided by the Republican 

Institute for Social Protection. 

448

MEMBER ORGANIZATIONS OF THE ASTRA NETWORK OPERATE ANNEX 5 

The basic aim of this analysis was for the scope of human trafficking to be perceived, as well as 

for the measures in combating this phenomenon to be identified, and for the help to victims to 

be provided. Furthermore, the aim was to perceive the scope of cooperation between the police, 

SWCs, non-governmental and international organizations, both on the local level and on the 

level of the national mechanism for the referral of and helping to the victims of trafficking in 

human beings. 

Initial conversations were held during October and November 2010, while the final annual data 

were gathered in late January and early February 2011. 

The questionnaires that had 10 and 11 questions, were designed so that they did not require 

much information from the interviewees, that is the representatives of the institutions, but only 

general data on the number of trafficking related cases that they worked on in 2010. When the 

police was concerned, the questions processed in the course of this analysis referred to the data 

on the criminal charges related to the articles 388, 389 and 184 CCS, as well as the data of the 

undertaken measures and cooperation with the other relevant actors, such as the Agency for 

Coordination of Protection of Trafficking Victims, social welfare centers, non-governmental and 

international organizations. 

By examining the submitted data, it was perceived that the analysis and comparison of the 

gathered data by town is not possible, due to the fact that the data that the institutions had 

submitted were not for the same time period, that is for 2010 (some of them had submitted the 

data only for the period up to 2010). Even though the intersection of data was thus impossible, 

we believe that the received pieces of information were useful nonetheless, for they illustrate 

the prevalence of this phenomenon on the whole territory of Serbia. On the other hand, when 

the data on cooperation of the of the police, SWCs and NGOs are compared, certain gaps 

become evident, yet it also may be perceived in what way this multi-sectoral cooperation 

can be developed. Furthermore, in some towns, such as Vršac, Velika Plana, Vlasotince and 

Dimitrovgrad, there are no departments of the border police, since they are situated in the 

nearest bigger cities, that is Pančevo, Smederevo, Leskovac and Pirot. This made the comparison 

of the data submitted by the local police and SWCs even more problematic. 

We point out that in realization of this analysis, the ASTRA Network had the support of the 

authorized ministries. Namely, both the Ministry of the Interior and the Ministry of Labor and 

Social Policy allowed for the interviews with their employees. The Ministry of the Interior, in 

coordination with ASTRA, mediated in arranging these interviews, thus greatly facilitated 

the work of the local NGOs’ representatives, and we would like to take this opportunity to 

thank them. 

The results based on the conducted interviews are contained in the next section of this document. 

Tables 1-6 provide the data on number of filed criminal reports in relation to the articles 388, 

389 and 184 of the Criminal Code of the Republic of Serbia, on the perpetrators, as well as on the 

injured parties of these criminal offences. After that, the answers are presented that are related 

to the cooperation of the police and CSW representatives and other relevant actors, to the help 

provided for the injured, i.e. the victims of human trafficking, and to the educational programs 

that had been taken by the institutions’ representatives that participated in these interviews. 



NUMBER OF CRIMINAL REPORTS FILED FOR THE CRIME NUMBER OF CRIMINAL PERPETRATORS 

644645646647 

MoI Art. 388 CCS Art. 389 CCS Art. 184 CCS MoI Art. 388 CCS Art. 389 CCS Art. 184 CCS 

Belgrade FA 644 7 1 5 Belgrade FA 20 5 7 

Belgrade Pub.O. 1 0 12 Belgrade Pub.O. 1 0 14 

Pirot PD - - - Pirot PD - - - 

Kragujevac PD 1 0 2 Kragujevac PD 1 - 3 

Niš PD - - 1 Niš PD - - 2 

Novi Pazar PD 1 - - Novi Pazar PD 2 - - 

Novi Sad PD 15 0 3 Novi Sad PD 32 - 3 

Užice PD - - - Užice PD - - - 

Smederevo PD - - - Smederevo PD - - - 

Leskovac PD - - - Leskovac PD - - - 

Vranje PD 4 - - Vranje PD 8 - - 

Pančevo PD 1 - - Pančevo PD 3 - - 

Zrenjanin PD 2 - - Zrenjanin PD 6 - - 

Table 1: The number of criminal reports filed for human trafficking and similar criminal offences, number, sex 

and nationality of the perpetrators 

644 

Foreigners Administration. 

645 

One national of Turkey and Croatia each. 

646 

One national of Macedonia and 2 nationals of Bosnia and Herzegovina. 

647 

The data were not submitted, or were not processed in a way envisaged by the questionnaire. 

SEX OF THE PERPETRATORS NATIONALITY OF THE PERPETRATORS 

Art. 388 CCS Art. 389 CCS Art. 184 CCS Art. 388 CCS Art. 389 CCS Art. 184 CCS 

Offender’s sex M F M F M F Nationality SER Foreign SER Foreign SER Foreign 

Belgrade FA 17 3 2 3 5 2 Belgrade FA 18 2 645 2 3 646 8 - 

Belgrade Pub.O. 1 - - - 9 5 Belgrade Pub.O. 1 - - - 14 - 

Pirot PD - - - - - - Pirot PD - - - - - - 

Kragujevac PD 1 - - - 3 - Kragujevac PD 1 - - - 3 - 

Niš PD - - - - 2 - Niš PD - - - - 2 - 

Novi Pazar PD 1 1 - - - - Novi Pazar PD NP 647 NP NP NP NP NP 

Novi Sad PD 22 10 - - 1 2 Novi Sad PD NP NP NP NP NP NP 

Užice PD - - - - - - Užice PD - - - - - - 

Smederevo PD - - - - - - Smederevo PD - - - - - - 

Leskovac PD - - - - - - Leskovac PD - - - - - - 

Vranje PD 5 3 - - - - Vranje PD 8 - - - - - 

Pančevo PD 2 1 - - - - Pančevo PD 3 - - - - - 

Zrenjanin PD 4 2 - - - - Zrenjanin PD 6 - - - - - 

450


SEX OF THE INJURED PERSONS BY CRIME: 

THE NUMBER OF INJURED PERSONS BY CRIME: 

Art. 388 CCS Art. 389 CCS Art. 184 CCS 

MoI Art. 388 CCS Art. 389 CCS Art. 184 CCS MOI - Sex M F M F M F 

Beograd FA 15 1 6 Beograd FA 1 14 1 - - 6 

Belgrade Pub.O. 1 - 14 Belgrade Pub.O. 1 - - - - 14 

Pirot PD - - - Pirot PD - - - - - - 

Kragujevac PD 1 - 2 Kragujevac PD - 1 - - - 2 

Niš PD - - 1 Niš PD - - - - - 1 

Novi Pazar PD 1 - - Novi Pazar PD - 1 - - - - 

Novi Sad PD 33 - NP Novi Sad PD 3 30 - - NP NP 

Užice PD - - - Užice PD - - - - - - 

Smederevo PD - - - Smederevo PD - - - - - - 

Leskovac PD - - - Leskovac PD - - - - - - 

Vranje PD 3 - - Vranje PD - 3 - - - - 

Pančevo PD 1 - - Pančevo PD - 1 - - - - 

Zrenjanin PD 2 - - Zrenjanin PD - 2 - - - - 

648 

Table 2: Number of, sex, nationality and age of the injured persons by the offences related to human 

trafficking 

648 

One national of Moldova and Croatia each. 

NATIONALITY OF THE INJURED PERSONS BY CRIME: AGE OF THE INJURED PERSONS BY CRIME: 

Član 388 KZRS Član 388 KZRS Član 184 KZRS Art. 388 CCS Art. 389 CCS Art. 184 CCS 

Nationality SER Foreign SER Foreign SER Foreign Nationality < 18 ≥ 18 < 18 ≥ 18 < 18 ≥ 18 

Beograd FA 13 2 648 1 - 6 - Beograd FA 6 9 1 - 3 3 

Belgrade Pub.O. 1 - - - 14 - Belgrade Pub.O. 1 - - - - 14 

Pirot PD - - - - - - Pirot PD - - - - - - 

Kragujevac PD 1 - - - 2 - Kragujevac PD 1 - - - - 2 

Niš PD - - - - - 1 Niš PD - - - - - 1 

Novi Pazar PD 1 - - - - - Novi Pazar PD 1 - - - - - 

Novi Sad PD 33 - - - NP NP Novi Sad PD 10 23 - - NP NP 

Užice PD - - - - - - Užice PD - - - - - - 

Smederevo PD - - - - - - Smederevo PD - - - - - - 

Leskovac PD - - - - - - Leskovac PD - - - - - - 

Vranje PD 3 - - - - - Vranje PD 2 1 - - - - 

Pančevo PD 1 - - - - - Pančevo PD 1 - - - - - 

Zrenjanin PD 2 - - - - - Zrenjanin PD 1 1 - - - - 



ORGANIZATIONAL UNIT 

CRIMINAL REPORTS 

NUMBER OF 

THAT FILES CRIMINAL 

UNDER ART. 388 CCS PERPETRATORS 

CHARGES 

NUMBER OF INJURED 

Novi Sad PD 15 32 32 

The City of Belgrade PD 8 21 9 

Bor PD 5 9 12 

Vranje PD 4 7 4 

Sremska Mitrovica PD 3 6 7 

Zrenjanin PD 2 6 2 

Kruševac PD 2 2 2 

Kikinda PD 2 4 2 

Jagodina PD 2 5 2 

Kragujevac PD 1 1 1 

Pančevo PD 1 3 1 

Novi Pazar PD 1 2 1 

Zaječar PD 1 1 1 

Total 47 99 76 

Table 3: Overview of the police departments work – results in suppressing human trafficking 649 

452 

SWC 650 

NUMBER OF VICTIMS 

IDENTIFIED 

SEX OF THE VICTIM NATIONALITY AGE 

M Ž SER Foreign < 18 ≥ 18 

The City Social Welfare 

Centre 651 

SWC Dimitrovgrad - - - - - - - 

SWC Kragujevac - - - - - - - 

SWC Nis - - - - - - - 

SWC Novi Pazar 8 - 8 NP 652 NP NP NP 

SWC Novi Sad - - - - - - - 

SWC Užice - - - - - - - 

SWC Velika Plana 2 - 2 2 - 2 - 

SWC Vlasotince and 

Crna Trava 

- - - - - - - 

SWC Vranje 1 - 1 1 - 1 - 

SWC Vršac - - - - - - - 

SWC Zrenjanin 

Table 4: The number, sex, nationality and age of identified victims of human trafficking with the social 

welfare centres 650651652 

649 

The data taken from the Report on the Operation of the Departments for the year 2010 and overview of the activities of the line of work in PDs 

and the Boarder Police Directorate, the Department for Combating Cross-border Crime and Criminal Intelligence 

650 

Social welfare center. 

651 

The data received from the Republican Institute of Social Protection. 

652 

It is stated that the victims are from Serbia, Kosovo and Bosnia and Herzegovina.


THE NUMBER OF PERSONS – VICTIMS OF TRAFFICKING THAT WERE RECORDED 

BY SERBIAN SWCS IN 2010 653 

Age group Male Female Total 

Children and youth 7 37 44 

Mature persons 1 69 70 

Elderly persons 3 7 10 

Total number 11 113 124 

Table 5: The number, sex, nationality and age of the identified victims of trafficking recorded by the CSWs in 

the Republic of Serbia 653 

When the police representatives were asked in how many cases the data about the 

victims were given to the Agency for Coordination of Protection of Trafficking Victims, i.e. 

if all the victims were identified as the victims of human trafficking, all the respondents 

said that the Agency was contacted in all cases, and that the Agency confirmed the 

identification previously done by the police. They emphasized that this was the procedure 

followed in every case related to criminal charges regulated by articles 388 and 389 of 

the Criminal Code of the Republic of Serbia, and in compliance with the instruction of the 

Ministry of the Interior to direct the victims of human trafficking to the Agency. Even in 

those police departments that did not have any cases of human trafficking in 2010, the 

respondents emphasized that in the previous years, in all the cases without exception, the 

Agency for Coordination of Protection of Trafficking Victims was contacted. It remains 

unclear what the procedure is when the injured parties are victims of the criminal act 

from the article 184 of the Criminal Code of the Republic of Serbia, especially when it 

comes to underage individuals. If it is taken into account that there is no such thing as 

voluntary underage prostitution, the question is what category does the injured party 

or parties fall into in those cases, if they cannot be categorized as the victims of human 

trafficking. A few respondents replied that they were being “sent from one office to 

another at the prosecutor’s, sometimes it is 388, then it’s not, it is 184, while they are in 

the hallway with the victim”. The prosecution sometimes categorizes the act of mediation 

in conducting prostitution, because it is, according to our interviewees, “easier to prove 

in court”. According to some police officials, “it is very difficult to collect evidence when 

building a case of human trafficking, so the prosecution resorts to other criminal offences 

in order to somehow legally process and punish the offender”. 

It is also a question whether in all the cases with injured adult parties in relation to the 

criminal offence from the article 184, it was always the case of voluntary prostitution or 

if there were elements of coercion. In certain police departments the response was that 

653 

The data received from the Republican Institute of Social Protection. 



those parties had been identified as potential victims, but were directed to the Agency 

much more rarely. 

When asked the same question, the representatives of the social welfare centre gave 

largely different answers. Some of them would list the examples of cooperation with 

the Agency, others emphasized the fact that they did not have any cases and hence did 

not need to contact the Agency. Some said that they cooperated with the Institute for 

Upbringing of Children and Youth in Belgrade, 654 and we also received the explanation that 

the data were not delivered to the Agency “because everything was successfully solved”. 

The measures taken are as follows: psychosocial support, an offer of residence in a social 

protection institution, an offer of information on the institutions dealing with the direct 

support and protection of rights of persons subject to trafficking, mediation with other 

institutions or non-governmental institutions, material, medical, physiological help and 

help with going back home. The questionnaire provided a significant piece of information 

about the two child victims of human trafficking being placed in foster families, which 

can be an excellent form of alternative placement when compared to shelters and similar 

collective solutions. 

Apart from the answers they provided in the questionnaire, the respondents from the 

SWCs were asked to submit a case study if they could. None of the centers where the 

talks took place sent any studies, but only scanty reports on the course of some cases. 

One of those rare examples was a case from 2009 where the centre ascertained that 

a father had sold his daughter for 80 Euros. The case was reported to the police, the 

father’s parenting right was taken away, the child was placed in a foster family, while the 

Agency for Coordination of Protection of Trafficking Victims in Human Beings was not 

notified at all. 

When it comes to the cooperation with non-governmental organizations, the situation is 

largely different. When asked about how many victims were directed to non-governmental 

organizations that provide victims with direct assostance, the most common answer 

of the representatives of the police was that they notified the Agency, not the nongovernmental 

organizations: “We directly submit our information to the Agency, not 

the NGOs, and it is the Agency that gives the information to the non-governmental 

organizations, but we have no insight into precisely what information and to whom.” One 

of the answers was that “it is natural for the NGOs to turn to the police, not the other way 

around”. Only a few inspectors declared that they cooperated with non-governmental 

organizations, mostly with ASTRA and Atina, then Jazas and others. It was often stressed 

that the cooperation with the local SWCs and health care centers should be improved. 

Just like the police representatives, the employees of the SWCs explicitly stated that they 

had no contact, i.e. that they did not get in touch with non-governmental organizations 

654 

The Agency for Coordination of Protection of Trafficking Victims is an integral part of this Institution. The questionnaire leaves unclear whether 

the interviewee was aware of this fact, i.e. whether, by mentioning Institution, he actually meant the Agency. 

454


that provide direct assistance to human trafficking victims or that they cooperated with 

them quite rarely. This can be illustrated by a response of an employee in a social welfare 

centre: “We had few contacts with NGOs, and they didn’t contact us either.” Only the 

representatives of one centre stated that they did cooperate with the representatives of nongovernmental 

organizations, more precisely with the NGOs “Women in Action” and ASTRA. 

It was particularly important to review the answers related to the questions: Were there 

any persons identified as potential victims of human trafficking (and how many)? And 

were those persons directed to any institutions, international or non-governmental 

organizations, and to which one? Some of the confusion in answering these questions 

was certainly in the way that respondents defined the term potential victim. 

In many cases, the respondents from the local police departments did not answer these 

questions, some said they had no such records, and some answers were too general, 

bordering on stereotypical. As it was mentioned above, the analysis was supposed to 

provide an insight into the situation in terms of victims of the acts from the article 184 of 

the Criminal Code of the Republic of Serbia, i.e. to investigate if the police suspects that 

some of those persons are victims of human trafficking. The analysis was also supposed 

to answer the question: who decides whether someone is a victim of human trafficking or 

not and how often the relevant authorities notify the Agency of such cases. 

Members of the border police stressed that there were situations in which they suspected 

that someone is a potential victim crossing the border, but that in those cases their “hands 

were tied” and they could not do almost anything, because the person was crossing 

the border legally with valid documents. In those cases the additional problem was not 

having translators for all languages, such as some dialects of Chinese and the like. All the 

respondents made clear distinction between human trafficking and human smuggling, 

but pointed out that some of the persons smuggled might be at risk of human trafficking. 

Less than half of the respondents from the police said that they directed a potential 

human trafficking victim to NGOs, where ASTRA, Atina and Jazas were mentioned again, 

or local centers for social work. 

In the end, certain respondents associate the term potential victims with the 

investigation, i.e. “whether there is a written criminal report for human trafficking, and 

the number of them is only known at the end of the investigation” or “whether there 

are indications pointing towards potential victims (living circumstances, social status, 

unadjusted behavior), but that there is no clear identification to characterize them as 

potential victims, and that the social work centre could have been made aware of the 

potential victims”. 

The survey does not make it possible to see what kind of help the suspected potential 

victims received and whether they were directed to relevant organizations or institutions. 

The representatives of the social welfare centers were somewhat more precise when it 



came to potential human trafficking victims, as they listed as most common examples 

both underage and adult illegal migrants, persons voluntarily engaged in prostitution, 

begging etc. On the other hand, some of the respondents tried to define the term potential 

human trafficking victims, where they quoted the following groups to be potential victims: 

“families socially at risk, single mothers who would accept fake promises of employment 

or any proposition that offered a solution to their existential problems, which makes 

them easy targets for human traffickers etc.” 

As for measures that may be undertaken, they listed placement in shelter stations, 

appointment of a temporary guardian, medical examination, legal aid. 

Timely recognition of persons at risk of becoming human trafficking victims is extremely 

important, either with the persons living in a risky environment or in cases where the 

process of trafficking has already begun, but the exploitation has not yet occurred. 

ASTRA’s experience shows that many individuals who managed to escape from the 

human trafficking chain had earlier been entered into the records of the social welfare 

centre on some other basis. Support needs to be provided to those people who had the 

experience of human trafficking but had not been officially identified, which leaves them 

outside the standardized system of help. After the people have left the human trafficking 

chain, they return to the same problems that made them accept the trafficker’s offer, 

only now their capacities to deal with those issues are significantly decreased in the long 

run, which makes it possible for them to fall victim to trafficking all over again. 

The last question – whether the police representatives in the police departments in 

question underwent trainings on human trafficking and which ones – yielded different 

answers. The representatives of certain police directorates participated in numerous 

trainings. Those most often listed were the ones organized by international organizations 

ICMPD, IOM, OSCE (in cooperation with the Judges’ Association and the Association of 

Prosecutors of Serbia), international police organization, and NGOs such as ASTRA, Atina 

and Child Rights Center. 

The representatives of certain police departments such as Kragujevac, Vranje etc. pointed 

out that they conducted numerous educational activities themselves, through their own 

means, in cooperation with the local authorities, NGOs etc. 

Unlike them, the representatives of the police departments in Leskovac, Regional Centre 

in Pirot (Dimitrovgrad) did not attend any educational activities with this subject, but 

they expressed great interest in participating at the trainings related to combating human 

trafficking as soon as possible. 

When it comes to educating the representatives of the social protection system, the 

words of a respondent summarize the situation quite accurately, “specific trainings 

on human trafficking were not organized, but this subject has been covered by other 

seminars. Different kinds of trainings are necessary for all the employees.” 

456


A large number of representatives of the social welfare centre stated they had no trainings 

on human trafficking. There are few of them who participated in some trainings, mostly 

those organized by the Ministry of Labour and Social Policy in cooperation with the 

OSCE Mission in 2002 and 2003, and later in the training called “Advanced training of 

professionals who identify and provide help to human trafficking victims” also organized 

by the OSCE Mission to Serbia and Montenegro and the Ministry of Labour and Social 

Policy, lead by the representatives of the Admira foundation from the Netherlands. Apart 

from that, they listed the seminars of non-governmental organizations Child Rights 

Center, ASTRA, Atina, Women in Action, citizen’s association “World of Words”, SOS 

Hotline for Women and Children Victims of Violence from Vlasotince. 

Among other comments to the question if there is anything to be added that was not 

included in the questionnaire, the representatives of the Police Department in Pirot 

stated that not having enough children’s shelters was a significant problem for them, 

especially in the border areas where they encountered underage illegal migrants, who 

could certainly be at risk of human trafficking. Apart from that, the employees in the 

Police Department in Novi Sad emphasized the fact that a safe house for women and 

children does not exist in that town as a huge problem for them, since they have nowhere 

to direct and place the victims. The safe house that exists in Novi Sad does not take 

in victims of human trafficking. A particularly significant problem is the placement of 

human trafficking victims who are also addicts. The representatives of the social welfare 

centre listed a similar issue – the existing safe houses for women “do not accept human 

trafficking victims for the reasons of safety”. 

One of the conclusions is that it is necessary to make a system which could make sure that 

the representatives of the relevant institutions receive the necessary education and ensure 

that those trainings are not always for the same people, from the same departments or 

centers, while a number of employees in other departments never receives any training on 

human trafficking. It is also necessary to pay attention to the territorial coverage in order 

to overcome the situation in which in certain areas among police representatives and social 

workers there are no trained professionals with basic knowledge of the human trafficking 

phenomenon, process, consequences and traumas encountered by victims, and related issues. 

When it comes to work related issues, apart from the insufficient number of educated 

police officials who could deal with the issue of human trafficking, a shortage of funds 

and modern equipment necessary for gathering evidence was listed, as well as a better 

cooperation with relevant institutions. Another problem is also a lack of feedback in cases 

that were deferred to the prosecutor’s office, social centers or other relevant elements, 

with the aim of monitoring the case itself. 

Even though this research encompassed only police departments and social welfare 

centers in towns with ASTRA network member organizations, the results received from 


ACTIVE ANTI-TRAFFICKING ACTORS IN THE REPUBLIC OF SERBIA 

it are relevant for the entire territory of Serbia, i.e. they testify of the real condition in 

Serbia and some problems encountered by the professionals within the system, who are 

the first to make contact with the (potential) human trafficking victims and persons at 

risk, and especially of the level of their awareness when it came to the non-institutional 

resources and instances necessary or significant for the high-quality care of (potential) 

victims upon identification. With that in mind, one of the priorities for improving the 

institutional framework for the protection of victims certainly is the improvement of 

the capacity of the social workers to recognize persons at risk from becoming human 

trafficking victims, as well as victims themselves and their ability to provide relevant 

help. In that respect, the decentralization of institutions specialized for identification and 

care is highly important so that the local needs are satisfied. Even though education is 

still a priority, it is also necessary to strengthen the institutional framework which will 

enable members of the police and social workers to practically apply what they know. It is 

especially important to work on the prevention of human trafficking, primarily in SWCs, 

through the identification of persons at higher risk, their tracking and finding alternative 

solutions to decrease their vulnerability, i.e. their social inclusion should be improved 

and in the same vain their ability to resist the traffickers’ offers strengthened, since these 

offers are sometimes the only choice for those people. 

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ANNEX 6 

Annex 6 

Active Anti-Trafficking Actors in the Republic of Serbia 

Institutions 

1. Ministry of the Interior 

Bulevar Mihajla Pupina 2, 11000 Belgrade 

+381 11 30 62 000 

info@mup.gov.rs 

www.mup.gov.rs 

Among other work, the Ministry of the Interior of the Republic of Serbia, within the 

Directorate of Police, the Crime Investigation Police Department and the Border Police 

Directorate and the Department for Foreigners, combating illegal migration and human 

trafficking, is, in the area of combating human trafficking also responsible for detection 

and suppression of this type of organized crime. In compliance with its tasks, the Crime 

Investigation Police Department achieves cooperation with judicial and other state 

authorities in charge of suppression of organized crime, as well as with the relevant 

international institutions and organizations. Within the Crime Investigation Police 

Department, there is a special Department for suppression of trafficking and smuggling 

in persons. The Border Police Directorate takes measures to combat cross-border crime, 

especially illegal migrations, human trafficking, it combats the use of fraudulent and 

counterfeit travel documents, collects and analyses criminalist and intelligence service 

data related to the cross-border crime and takes measures concerning perpetrators of 

these and other criminal offences that can be related to the cross-border crime and other. 

The Department for Foreigners, combating illegal migration and human trafficking directly 

organizes and carries out affairs related to foreigners’ movement and residence, as well 

as other affairs set forth by law which have an operational and professional character. 

This Department provides for a professional and other assistance and, when necessary, it 

participates in solving more complex cases. 

The Ministry of the Interior is also implementing training of its employees, in order 

to timely recognize the offence and apply methods of proactive investigation, as well 

as to collect and process data related to combating human trafficking and smuggling 

of people. 655 

655 

http://www.mup.gov.rs/cms/resursi.nsf/InformatorMUP-latinica.pdf 



2. Ministry of Labor and Social Policy 

Nemanjina 22-24, 11000 Belgrade 

+ 381 11 361 62 43, +381 11 311 34 32 

ministar@minrzs.gov.rs 

www.minrzs.gov.rs 

The Ministry of Labour and Social Policy of the Republic of Serbia is divided into sectors. 

The issue of human trafficking was once in the jurisdiction of the Population Policy 

Sector, which is now a part of the Sector for Family Care and Social Security, as a separate 

department. The activities of the Sector are directed towards introducing the system 

of quality into the social security system (which means defining the standards of the 

services, the development of the program for accreditation of services and licensing 

providers); improvement of the control system and improvement of services at the local 

level. The social welfare centers operate within the competence of this Ministry, and in 

Serbia there are 173 of them 656 , and they are distributed in a way that one centre operates 

in each municipality. The services that the centres are in charge of, and which are also 

related to assistance to the victims of human trafficking are: relief for the families and the 

individual, assistance in training for work, accommodation in a social security institution, 

one-off financial support, etc. In 2004, within the Ministry of Labour and Social Policy, 

the Agency for Coordination of Protection of Trafficking Victims was established, about 

which you can learn more below. 

3. The Agency for Coordination of Protection of Trafficking Victims 

Bulevar oslobođenja 219, 11000 Belgrade 

+381 11 3096 745, +381 63 610 590; +381 62 575 197 

sluzbazak@sbb.rs, sluzbab@sbb.rs 

The Agency for Coordination of Protection of Trafficking Victims has been established as 

a service of the Ministry of Labor and Social Policy within the Institute for the Upbringing 

of Children and Youth in Belgrade. It is a result of a joint project of the then Ministry 

of Labor, Employment and Social Policy and OSCE Mission to Serbia and Montenegro. 

The Agency’s role is to protect victims’ human right during their identification, 

assistance and protection. The Agency should cooperate on a daily basis with specialized 

nongovernmental organizations, police and judicial authorities and other professionals 

and organizations that are active in the anti-trafficking field. 

656 

http://www.minrzs.gov.rs/cms/yu/adresar/275-adrese-centara-za-socijalni-rad 

460

ANNEX 6 

International organizations in Serbia 

4. OSCE Mission to Serbia 

Čakorska 1, 11000 Belgrade 

+381 11 3606 100 

ppiu-serbia@osce.org 

www.osce.org/serbia 

In conjunction with government agencies and civil society organizations, the Mission 

of the Organization for Security and Co-operation (OSCE) to Serbia carries out a range 

of anti-trafficking activities to address systemic deficiencies. As a lead agency in this 

area, the Mission has worked since 2001 to make national approaches toward curbing 

the trafficking of human being more effective, alongside the efforts of other relevant 

institutions. Priority areas are community policing, police accountability, organized 

crime, war crimes, border policing, crime scene management/forensics, police education 

and strategic development. 

With 56 participating States from Europe, Central Asia and North America, the OSCE 

forms the largest regional security organization in the world. The OSCE is a primary 

instrument for early warning, conflict prevention, crisis management and post-conflict 

rehabilitation in its area. It has 19 missions or field operations in South-Eastern Europe, 

Eastern Europe, the Caucasus and Central Asia. 

The Organization deals with three dimensions of security - the politico-military, the 

economic and environmental, and the human dimension. It therefore addresses a wide 

range of security-related concerns, including arms control, confidence- and securitybuilding 

measures, human rights, national minorities, democratization, policing strategies, 

counter-terrorism and economic and environmental activities. All 56 participating States 

enjoy equal status, and decisions are taken by consensus on a politically, but not legally 

binding basis. Under its mandate, the Mission advises on the implementation of laws 

and monitors the proper functioning and development of democratic institutions and 

processes in Serbia. It assists law enforcement bodies and the judiciary in training and 

restructuring. The Democratization Department of the Mission promotes democratic 

practices and egalitarian norms throughout Serbia. It focuses on a range of areas, including 

democratic governance, security and defense, human rights and equal opportunities, 

aiming to boost the capacities of national institutions and NGOs. 



5. IOM – International Organization for Migrations 

P.O. box 27, Držićeva 11, 11060 Belgrade 

+381 11 38 21 703, fax: +381 11 412 739 

ntf.office@iom.int 

www.iomntfserbia.org 

Established in 1951, IOM is the leading inter-governmental organization in the field 

of migration and works closely with governmental, intergovernmental and nongovernmental 

partners. 

With 125 member states, a further 16 states holding observer status and offices in over 

100 countries, IOM is dedicated to promoting humane and orderly migration for the 

benefit of all. It does so by providing services and advice to governments and migrants. 

IOM works to help ensure the orderly and humane management of migration, to promote 

international cooperation on migration issues, to assist in the search for practical 

solutions to migration problems and to provide humanitarian assistance to migrants in 

need, including refugees and internally displaced people. 

The IOM Constitution recognizes the link between migration and economic, social and 

cultural development, as well as to the right of freedom of movement. 

IOM works in the four broad areas of migration management: 

• Migration and development 

• Facilitating migration 

• Regulating migration 

• Forced migration. 

IOM activities that cut across these areas include the promotion of international migration 

law, policy debate and guidance, protection of migrants’ rights, migration health and the 

gender dimension of migration. 

As far as the activities in combating human trafficking are concerned, IOM is engaged the 

most through donations to shelters, and since 2010, through the Joint Programme (JP) of 

UNHCR, UNODC and the Government of the Republic of Serbia as well (this program was 

created under the auspices of UN.GIFT). The entire goal of JP is operationalization of the 

National Action Plan for combating human trafficking through four main objectives: 1) 

Strengthen the national capacities for carrying out the National Action Plan and improve the 

coordination within the National Referral Mechanism; 2) Create a sustainable framework 

for a systematic prevention of human trafficking among particularly vulnerable groups; 3) 

Strengthen the capacities of judiciary and police in order to improve investigations, trials 

and judgments for human trafficking cases; 4) Improve the mechanisms of protection 

and reintegration of the potential and existent victims of human trafficking (children and 

adults), including those identified within the exile proceedings. 

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ANNEX 6 

6. Save the Children Norway, South East Europe Regional Office 

Milutina Bojica 3/6, 11000 Belgrade 

+381 11 32 47 619, +381 11 303 35 23 

n.milutinovic@scn-see.ba 

www.scn-see.ba 

Save the Children aims at ensuring that children’s rights are given political priority 

before the European Commission and European Parliament; ensuring that human rights 

provisions of the EU constitution are implemented; at fighting against sexual violence and 

exploitation of children by working on the exchange of best practices in the prevention 

and victim assistance; assisting unaccompanied children who come to or go across 

Europe by influencing the debate on the common asylum policy; working with other StC 

organizations for the purpose of monitoring and influencing EU policies on children and 

Internet pornography; giving propositions that promote children’s rights; ensuring that 

children’s rights are considered in all aspects of EU developmental and humanitarian 

aid; drawing attention to the problems of children in armed conflicts in all aspects of EU 

foreign policy and actions; ensuring the quality of children’s participation. 

7. UNHCR 

Krunska 58, 11000 Belgrade 

+381 11 30 82 100 

srbbe@unhcr.org 

www.unhcr.rs 

UNHCR provides protection and assistance not only to refugees, but also to other 

categories of displaced or poor persons. This includes asylum seekers, refugees who have 

returned to their homes, but still need help to rebuild their lives,, local civic communities 

that are directly hit by the movements of refugees, apatrides and an increasing number 

of internally displaced persons. 

As far as the activities in combating human trafficking are concerned, UNHCR is engaged 

the most through donations to shelters, and since 2010, through the Joint Programme 

(JP) of IOM, UNODC and the Government of the Republic of Serbia as well (this program 

was created under the auspices of UN.GIFT). 

8. ICMPD – International Center for Migration Policy Development 

www.icmpd.org 

The International Centre for Migration Policy Development (ICMPD) was founded in 

1993. ICMPD provides expertise and services related to the issues of migration and exile. 

The ICMPD’s objective is to promote the innovative, comprehensive and sustainable 

migration policies. ICMPD has a status of observer with the UN. 



As far as the activities of ICMPD in Serbia are concerned, they are carried out through 

the project “Strengthening of cross-border cooperation in cases of human trafficking in 

South-eastern Europe”. The first joint trainings for police were held in 2002 and 2003 in 

Romania. The continuance of the project envisages strengthening the capacity of national 

police in countries covered by the project, and which are in compliance with the needs 

and circumstances in individual states participating in the project. 

Nongovernmental organizations 

9. ASTRA – Anti Trafficking Action 

SOS hotline +381 11 33 47 817 

Office: +381 11 26 35 114 

astra@astra.rs, sos@astra.rs 

www.astra.org.rs, www.astra.rs 

ASTRA is Belgrade-based local grass-root anti-trafficking organization established in 

2000 as the first actor to raise the issue of human trafficking in Serbia. As a leader in 

the counter-trafficking effort in Serbia, since it was founded, ASTRA has applied holistic 

approach to the human trafficking problem, i.e. it has been dealing with all forms of 

human trafficking and all categories of survivors – women, children and men, focusing its 

activities concurrently on prevention, education, public awareness raising, direct victim 

assistance and reintegration, research and networking. 

In terms of human trafficking, Serbia is the country of origin, transit and destination/ 

exploitation of trafficking victims. At the beginning of our work, the whole of society – 

both citizens and state authorities – did not recognize the problem of human trafficking 

and significance of its suppression. For this reason, ASTRA pays special attention to work 

on public awareness raising and human trafficking prevention, as well as to the education 

of all actors – government and civil society - involved in the process of assisting survivors 

in their recovery and reintegration and criminal prosecution of perpetrators. 

So far, ASTRA has conducted or participated in five large-scale media campaigns: “Open 

Your Eyes” (2002), “There Is A Way Out” (2004), “Save the Children from Human 

Trafficking” (2005), “Child Trafficking – Our Reality” (2006) and “Naked Facts” (2008). 

In addition, ASTRA has organized or participated as lecturer in basic and specialized 

trainings for police officers, judges and prosecutors, medical doctors, school teachers, 

NGO activists, human rights lawyers and media representatives. ASTRA is the only NGO 

in Serbia that implements accredited professional development program for teachers on 

the topic of human/child trafficking prevention. In addition, ASTRA has an accredited 

professional development program focused on identification and victim assistance for 

social welfare professionals. 

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ANNEX 6 

Special attention is paid to work with young people, who are, although broad and diverse, 

the category under high risk of trafficking. They are reached out through workshops, 

lectures, street actions, presence at different events that gather young people etc. 

ASTRA SOS Hotline and Direct Victim Assistance Program was started in March 2002. It was 

initially designed as a helpline service for the prevention of human trafficking, but calls 

that were soon received from or in connection with trafficked persons made us broaden its 

scope. Until December 2010, we received 12039 calls from 2390 clients. Of this figure, 351 

persons were identified and/or assisted trafficked persons. ASTRA SOS Hotline is the only 

hotline in Serbia specialized for human trafficking problem, both in the area of prevention, 

direct assistance to trafficking survivors and support to their families and friends. 

Reintegration program was additionally strengthened by the launching of ASTRA Daily 

Center in January 2007. It is intended primarily for victims who do not live in shelters and 

who are thus left outside any victim assistance scheme. 

Direct victim assistance is provided taking care of the best interest and individual needs 

of trafficked persons and with full participation of the client in question. As a service 

provider, ASTRA abides by the principles of trust, respect for differences and individual 

wishes, needs and pace of recovery, non-discrimination and highest standards in work. All 

cases are run and monitored based on individual case management plans with full respect 

of client’s pace, wishes and needs 

Services available to trafficking survivors and their families through ASTRA SOS Hotline 

and Direct Victim Assistance Program include counseling and support in the process of 

search, identification, recovery and reintegration; psychological assistance (individual and 

group therapy, self help groups etc.); legal assistance (legal advice and representation in 

court in criminal and civil proceedings); medical assistance (general and specialized checkups, 

medicamentous therapy, lab analyses, HIV and STD testing, dental treatments, etc.). 

Within this program, there is also ASTRA Mobile Team that is in charge of field actions, 

ready to accompany clients on the field from the moment of their identification until 

the end of recovery and reintegration process, helping them to successfully overcome 

all administrative barriers that emerge on the path of realization of their basic civil and 

human rights. In the process of reintegration, of great importance are also the activities 

aimed at improving clients’ economic potential and employability. This includes a range 

of activities - formal and informal vocational and adult education programs, economic 

empowerment trainings, foreign language and PC courses and job search counseling 

support. In addition, ASTRA Daily Center is a safe place where clients can attend various 

activities designed and adjusted in accordance with their wishes and needs – creative 

workshops, body work, structured spare time contents and the like. 

ASTRA SOS Hotline +381 11 33 47 817 or 0800 101 201 (free of charge for clients calling 

from the territory of Serbia) is available every day 24 hours a day. 



An important activity of ASTRA SOS Hotline and Direct Victim Assistance Program is also 

a database of all cases, based on which trends and changes in human trafficking process are 

extracted and actions accordingly planned. Valuable information we obtain in such a way are 

disseminated on a regular basis to all anti-trafficking actors in the country and abroad, quoted 

by researchers and used by government agencies in adjusting their anti-trafficking response. 

To provide better help for its clients and to enhance prevention and victim protection 

mechanism, ASTRA cooperates, through networks or on case-to-case basis with numerous 

organizations from Serbia and worldwide. As a contribution to local community capacity 

building and decentralization, ASTRA has also built and provided training to ASTRA 

Network of 11 NGOs, all of them independent organizations that work, inter alia, on 

human trafficking prevention in their local communities (each of these organization is 

presented below). 

Research activity is another important segment of ASTRA’s work. When ASTRA was 

started, the problem of human trafficking in Serbia was not widely known nor theoretically 

studied. At the same time, human trafficking is a very dynamic phenomenon, while 

traffickers, in order to maintain high profits, adapt very quickly to changes in the field 

and risks that result from improved work of all anti-trafficking actors, changing their 

modus operandi. ASTRA Research and Reporting Program has arisen out of the need to 

examine changes in human trafficking trends, after they have been detected, for fight 

against this social evil to be as successful as possible. Also, our wish is to leave written 

proof of our experience and acquired knowledge, thus helping everybody working in 

the anti-trafficking area, now and in future. 657 Since 2004, ASTRA publishes quarterly 

e-newsletter which gives an overview of all anti-trafficking activities carried out in Serbia 

and is distributed to more than 1000 addresses. 

ASTRA observes the problem of human trafficking as the gravest form of human rights 

violation and insists on and advocates for the full respect of trafficking survivors’ 

human rights. 

10. NGO Atina 

Milutina Bojica 3/6, 11000 Belgrade 

+381 11 30 33 523 

atinango@eunet.rs 

www.atina.org.rs 

The activities of providing direct assistance to the victims of human trafficking are carried 

out by the NGO Atina through three programme areas: 

657 

Some of studies and other publications published so far include: Research into the practice of City Petty-Offence Authority regarding the cases of 

human trafficking, illegal migrations and prostitution (2003); “Trafficking in Women – Manual for Journalists” (2003); “Human (Child) Trafficking 

– A Look Through the Internet Window” (2006), the first research in the region examining the use of the Internet for recruiting trafficking victims; 

Peer Education Manual “Human Trafficking – Our Response” (2006); “Monitoring and Reporting on the Compliance with the Palermo Convention 

2006-2007” (2007). ASTRA has also participated in writing four shadow reports for UN Treaty Bodies (on Serbia’s compliance with the Convention 

on the Rights of the Child, the CEDAW Convention, the Convention on Human Rights, the Covenant on Economic, Social and Cultural Rights). 

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ANNEX 6 

• Temporary house – the program which has been implemented since April 2004 on the 

territory of Belgrade. Besides accommodation and food, it offers to its beneficiaries 

the basic and alternative services in social inclusion (such as regulating the civillegal 

status and exercising the appurtenant rights, courses in literacy, medical and 

psychological assistance, legal advice, family mediation, assistance in formal and 

alternative education (resumption of education, workshops, strengthening programs, 

etc.), assistance in finding work (making a CV, preparation for the business interview, 

membership in a youth cooperative, etc.). 

• Open club – Reintegration Centre – designed for assistance and support of the former 

and current beneficiaries of the program and offers numerous basic and alternative 

support programs in social inclusion. 

• The Team for on the field support provides assistance and support to the identified 

victims of human trafficking who are not in Belgrade. 

The key activities that the NGO Atina deals with in the process of reintegration of 

victims of human trafficking are: solving the acute problems that occur when entering 

the program and ad hoc reactions to the newly formed acute problems, determining the 

deadlines for estimating the status of the beneficiaries and agreeing on the first goals of 

the reintegration program for each individual beneficiary, determining the initial status of 

the beneficiaries in all areas significant for reintegration when entering the reintegration 

program, creating individual reintegration plans through all areas together with the 

beneficiaries, monitoring and evaluating the status in all areas significant for reintegration 

during the entire process of reintegration and redefining the goals of reintegration with 

regard to the estimate of the course of reintegration, contacting the persons from state 

institutions and NGOs engaged in the reintegration program, evaluation of performance 

in each individual case after leaving the reintegration program, monitoring the cases in all 

significant areas after the official leaving of the program. 

The areas for monitoring the reintegration program which Atina participates in are: 

I. Civil-legal status 

The activities in the area of solving the civil-legal status primarily include assistance in 

obtaining the documents (proof of residence, residence permit for foreign beneficiaries, 

ID card, placing on record in the National Employment Service, placing on record in the 

social welfare center, passport or emergency travel document, assistance in regulating 

the refugee status, tax clearance certificate, title deed, etc.). 

II. Legal problems and court proceedings 

To participate in pre-trial and criminal proceedings, NGO Atina provides assistance 

in: obtaining the necessary information from the referral services, contacting the 

authorized persons in the proceedings: police officers, public prosecutor, (investigative) 

judges, attorneys in fact, social workers in case of minors, etc., filing a compensation 



claim, etc. Atina also mediates in family and property and legal proceedings and in 

obtaining social security. 

III. Family relations (the status of the primary and secondary family). 

IV. Educational status (level of literacy, finished schools and grades, etc.). 

V. Economic status (property and financial possibilities of the beneficiary, primary and 

secondary family, mediation in exercising the right to benefits for the beneficiary and 

primary and/or secondary family). 

VI. Professional orientation and employment (analysis of the possibilities on the labour 

market, evaluation of the possibilities for the beneficiaries, independent job search, 

finding a job). 

VII. Security status – the consequences of the situation of human trafficking and 

prevention of revictimisation, gathering information from the authorized institutions, 

contacts with the police aimed towards prevention and protection in the specific 

cases, gradation of risk, experience of violence and attitudes towards violence. 

VIII. Experiences of discrimination (belonging to a marginalized group, estimate 

of the limits in the social dereliction (the basis of marginalization), experiences 

in discrimination). 

IX. Health status (right to health care, estimate of the current health condition, health 

and hygienic habit and culture, capacity for independent health care). 

X. Peer relationships (evaluation of the existent network of peer relationships, social 

maturity, usual methods of social interaction, specific difficulties in establishing social 

relationships...). 

XI. Partner relationships (evaluation of emotional maturity, sexual orientation, specific 

problems in establishing and maintaining a relationship between partners, etc.). 

XII. Attitude towards oneself – degree of self-acceptance (evaluation of the level of selfacceptance 

and self-respect, attitude towards the experience of human trafficking, 

attitude towards violence). 

10. Victimology Society of Serbia 

Dositejeva 1a, 11000 Belgrade 

+381 11 303 42 32 

vds@eunet.rs, 

www.vds.org.rs 

The Victimology Society of Serbia was established on 12 November 1997 as an 

independent and non-profit citizens’ association. It was set up with the aim to gather 

researchers, experts, practitioners and activists interested in working on the development 

of victimology and the advancement of rights of the victims of crime, war and human 

rights violations in general. The Victimology Society of Serbia also acts at an individual 

468

ANNEX 6 

level by providing assistance and support to individual victims through VDS Info and 

Victim Support service launched in 2003 and intended for the victims of crime, both 

male and female. 

Through this service, the victims of crime are provided with 

• Information on their rights and how to realize these rights; 

• Emotional support; 

• Referral to other services/organizations depending on specific victims’ needs; 

• Support at court. 

Services are provided to persons older than 14 years of age, while children younger than 

14 are helped indirectly, through parents or other persons. 

VDS’ services to the victims of crime are free of charge. Organization’s basic principles in 

work are trust, respect for the victim, his/her rights, needs, feelings and will, as well as the 

confidentiality of information that victims give, which are at the same time the principles 

of work of the Victim Support Europe. 

VDS has been involved in anti-trafficking activities since 2001. 

12. Child Rights Center 

Skender Begova 20/12, 11000 Belgrade 

+381 11 33 44 170, +381 11 32 86 690 

office@cpd.org.rs, 

www.cpd.org.rs 

Child Rights Center - Belgrade is a nongovernmental organization founded in 1997. The 

Center operates in the territory of Serbia. So far, it has organized dozens of seminars in 

the area of the rights of the child both for other NGOs and for judiciary, social welfare, 

police, media, education and other professionals. In eleven years of its work, the Center 

has implemented several important projects aimed at changing legislation, spreading 

the idea of children’s rights, examining the position of children, including the position of 

specially vulnerable children and the like. The Center has published, alone or with support 

of other organizations, more than 50 publications. 

The priority tasks of the Child Rights Center are advocating for the implementation of the 

Convention on the Rights of the Child, informing the public on the situation of children’s 

rights in Serbia, advocating the improvement of the position of children and spreading the 

idea of these rights in direct work with professionals. 

As the members of the Working Group for child trafficking of the National Team for 

Combating Human Trafficking, one of the area of interest is also combating trafficking 

in children. 

Child Rights Center has been involved in anti-trafficking activities since 2003. 



13. Association of Women and Mothers “ANNA” 

Ulica Oslobođenja 89, 36300 Novi Pazar 

+381 20 312 402 

uzm.anna@gmail.com 

Association “ANNA” is a nongovernmental organization dealing with the education and 

emancipation of women and youth in the Novi Pazar region, mostly through workshops 

and lectures on the topics of health and prevention (breast cancer, AIDS, STDs, psychology, 

gynecology, legal aid in general)., trying to actively include marginalized groups (e.g. 

Roma women). In addition, the organization is involved in humanitarian work whenever 

it has funds for that. In that respect, target group of the organization are all citizens, but 

emphasis is on women. “ANNA” is member of ASTRA Network and is active in the antitrafficking 

area. Several years ago, the organization initiated the debate on drug abuse 

problem in this region. 

The organization has been involved in anti-trafficking activities since 2002 

14. Center for Girls 

Železnička 9, 31000 Užice 

+381 31 515 290, +381 31 510 517 

girlscen@eunet.rs 

Center for Girls Užice has the following goals: 

• Education of girls for the higher level of he culture of daily living through various 

educational programs (health, English language courses, PC courses, legal advice); 

• Increasing awareness of women’s problems and education for women’s rights; 

• Work on building self-confidence, conflict resolution, realization of personal potentials 

(through the individual or group psychological program); 

• Extending the target group to include the boys, since we work on the development 

of programs that would include a broader population of young people with special 

emphasis on the humanization of gender relations; 

• Introducing alternative forms of education which young people cannot obtain in 

institutions in a systematic and appropriate manner, but which are significant for 

preparing them for their future professional lives and have direct practical purpose. 

The goal of the organization is also a fight against different forms of violence (psychological, 

physical, sexual) through various actions – SOS hotline, anti sex trafficking campaign, 

media promotion of Center’s activities. 

Center for Girls have been involved in anti-trafficking activities since 2001. 

470

ANNEX 6 

15. Center for Women’s Rights Vršac 

Mihajla Pupina 36a, 26300 Vršac 

+381 13 838 163 

centarvrsac@yahoo.com 

The Center for Women’s Rights in Vršac was founded on 23 March 2000 by an informal 

group of women. Its first activity were workshops for practical work of pupils with 

disabilities in Vršac. 

The Center’s goal is support for women in dealing with violence, the promotion of 

women’s rights, strengthening the autonomy of women, animating institutions, 

spreading women’s network for the prevention of violence, human trafficking prevention. 

The Center’s mission is built on the belief that life without violence is a basic human 

rights, that freedom and gender equality are natural states. Consequently, the Center 

empowers and support women to realize them in the family and society. 

The Center has been involved in anti-trafficking activities since 2002. 

16. Vranje Human Rights Committe, SOS Hotline Vranje 

P.O. Box 191, 17500 Vranje 

SOS hotline +381 17 410 822, 

Office: +381 17 414 854 

sosvr@ptt.rs, 

www.hrcvr.org 

SOS Hotline Vranje was founded in 2002 within Vranje Human Rights Committee. The 

basic activity of SOS Hotline Vranje is support and assistance to the victims of family 

violence and human trafficking and education. SOS Hotline Vranje is member of ASTRA 

Network and regional coordinator for southern Serbia. Victims and citizens interested in 

this topic can use free legal advice, information, support and assistance. 

SOS Hotline Vranje seeks to provide support and assistance to victims, but also to raise 

public awareness of the problems of domestic violence and human trafficking. It also 

works on the education of professionals in charge of solving these problems, by organizing 

various seminars. The ultimate goal is to affect decrease in domestic violence and human 

trafficking cases through more efficient enforcement of laws and more efficient work 

of institutions. 

SOS Hotline Vranje’s mission is public awareness raising, decrease in domestic violence 

and human trafficking by tackling its causes, more professional and competent assistance 

to the survivors of domestic violence and human trafficking and adequate enforcement 

of the existing laws. 

The organization has been involved in anti-trafficking activities since 2001. 



17. SOS Hotline for Women and Children Victims of Violence 

Lole Ribara 2/8, 16210 Vlasotince 

+381 16 877 490, fax: +381 16 877 491 

sos.vlasotince@gmail.com 

SOS for Women and Children Victims of Violence – Vlasotince started operating on 22 July 

1996 and was registered on 13 March 1998. This is the only women’s organization in town which 

deals with women’s human rights. Its activity is aimed at eliminating all forms of violence and 

discrimination against women and children, human trafficking, war, state violence, violence 

against individuals by social institutions, collecting and distributing humanitarian aid, mediation 

between the survivors and institutions, help in getting accommodation in the shelter. 

The mission of the organization is education and empowerment of women for life without 

violence and promotion of non-violence, the sensitization of institutions to recognize 

male violence through educational programs, acquiring knowledge and skills for active 

participation in public life, education and awareness raising of the position of women 

in society, the promotion of women’s human rights and the rights of the child, the 

awareness raising of human trafficking. 

The organization has been involved in anti-trafficking activities since 2001. 

18. Panonnian Activist Organization – PAOR 

Melenački drum 35, 23000 Zrenjanin 

+381 23 512 453 

paor.organizacija@gmail.com 

www.paor.org.rs 

PAOR is an organization that deals with different forms of activism as forms of social activity. 

PAOR consists of: individuals, formal and informal groups from numerous social, cultural 

and sub-cultural domains such as: multimedia, ecology, philosophy, psychology, sports, 

music, human rights, art. PAOR is trying to position itself in the civil sector as an association, 

that is, a so-called umbrella, which aims at partner-oriented, cooperative and joint action, 

in order to accomplish the sustainable and progressive social changes, in the local and 

global environment. PAOR advocates individualism and autonomous individuality in both 

individuals and groups. PAOR advocates the idea of social functioning of the individual and 

autonomous ideas, directed towards progressive and advanced objectives of the society. 

PAOR supports and participates in all social changes, which aim at: strengthening individual 

actions and movements, exercising all forms of human rights, tolerance, peace, healthy life, 

improvement of life and coexistence of both individuals and the society. PAOR’s objective is 

initiation and support of social actions, of local and global character. PAOR desires to unify 

and sustain the imaginative and creative human potential. PAOR does not intend to be a 

final solution, but primarily: an initiator, motor, worker, creator. 

Involved in the fight against human trafficking since 2010. 

472

ANNEX 6 

19. NGO Kocka/Cube 

21000 Novi Sad 

+381 61 183 21 93 

office@kocka.org.rs 

www.kocka.org.rs 

The NGO “Cube” is an autonomous, non-party, nongovernmental, non-profit 

organization of citizens of Serbia, based on the values of the liberal, democratic society 

and the ideology of human rights. 

NGO “Cube” was founded in May 2007, initiated by the activists in Novi Sad with an 

objective to advocate stable society in which human rights are respected and where we 

have equal opportunities for education and access to information, and based on solidarity, 

peace and acceptance of diversity. 

The objectives of the NGO “Cube” are: fighting against human trafficking as a criminal 

activity, promotion and improvement of human rights, fighting against all forms of 

discrimination, improvement of conditions on the labour market. 

Accomplishment of the goals of the Organization is being realized through informal 

education, publishing, promotion, organizing public manifestations, submitting reports 

to the judicial authorities and documentation. 

Involved in the fight against human trafficking since 2007. 

20. SVET REČI/ The World of Words 

Jovana Dučića 5, 11320 Velika Plana 

+381 26 516 025, +381 69 13 30 315 

svetreci@gmail.com 

www.svetreci.org 

The association of citizens “World of Words” is a non-governmental and non-profit 

association, established in order to accomplish goals in the following fields: work 

with young people (especially girls), gender equality, prevention of violence, human 

trafficking, educational programs, cultural life, economic strengthening, human rights, 

development of democracy and civil society, cross-border cooperation and protection of 

the environment. 

The objectives of the Association are: educational and preventive support to young people 

in achieving gender, social and other equality; providing psychological support to young 

people, education of young people for a more active participation in prevention of all 

forms of violence and human trafficking; education and sensitisation of the employees in 

institutions (especially teachers) for gender interest; advocating the promotion of healthy 

lifestyles; advocating the improvement of the culture of speech, fostering the beauty of 

speech as well as improving the quality of social and cultural life, raising the awareness 

about the protection of the environment. 


Organizing workshops, seminars, forums, literature evenings, performances, 

actions, campaigns. 

Involved in the fight against human trafficking since 2001 (through the NGO Women 

in Action). 

21. Center for Cultural Affirmation 

Desanke Maksimovic 6, 18320 Dimitrovgrad 

+381 10 360 992, +381 64 389 34 90 

The main field of activity of NGO Center for Cultural Affirmation is fight against trafficking 

in women and children as the most extreme form of gender violence and the violation of 

women’s and children’s rights. 

Center for Cultural Affirmation advocates the respect for civil values and liberties, the 

development and strengthening of citizens’ awareness in the area of protection of these 

rights, fight against family and institutional violence, the education of women about 

their rights, and assistance to all women victims of violence. 

All of this is done through joint actions with ASTRA Network, local initiatives, cooperation 

with local schools and the police and with other organizations. 


22. Center for Girls 

18000 Niš 

+381 64 240 49 00, +381 063 861 68 59 

centric-nis@eunet.rs 

Center for Girls Niš is a feminist NGO founded in 1998. Its basic goal is the education and 

emancipation of young women. Since 2004 the Center does not rent premises, but spend 

all funds on implementing activities. 

In the period 2004-2010, 287 workshops were held in secondary schools. 

In the period 2002-2003, the Center carried out various programs: 1. Women’s library; 

2. Evenings of women’s poetry and publishing a book of poems; 3. Let’s improve gender 

communication; 4. Women’s health; 5. Economic empowerment of women; 6. SOS 

hotline and counseling; 7. Workshops and lectures on female identities; 8. Human 

trafficking prevention (68 workshops about human trafficking in secondary schools). 

In 2002, within ASTRA Network, the Center for Girls received six-month financial support, 

thanks to which seven workshops on the problem of human trafficking were organized on 

their premises. 


474

SELECTED REFERENCES 


Babović M., Ginić K., Vuković O., Mapiranje porodičnog nasilja prema ženama u Centralnoj 

Srbiji, Projekat Borba protiv seksualnog i rodno zasnovanog nasilja, Uprava za rodnu 

ravnopravnost, Ministarstvo rada i socijalne politike, Beograd 2010. 

Galonja A., Jovanović S., Zaštita žrtava i prevencija trgovine ljudima u Republici Srbiji, 

(Zajednički program UNHCR, UNODC i IOM za borbu protiv trgovine ljudima), 

Beograd 2010. 

Human Rights in Serbia 2010 – legal provisions and practice compared to international 

human rights standards, Belgrade Center for Human Rights, Belgrade 2011. 

Nezaposlenost i zapošljavanje u Republici Srbiji, Mesečni statistički bilten, br. 100, 

Nacionalna služba za zapošljavanje, Beograd, decembar 2010. 

Roma Children in “Special Education” in Serbia – Overrepresentation, Underachievement 

and Impact on Life, Research on schools and classes for children with developmental 

difficulties, Open Society Institute, New York – London – Budapest 2010. 

Stevanović I. (ed.) (2010), Monitoring and Reporting on Rights of the Child in Serbia, Child 

Rights Center, Belgrade 2010. 

TNS Medium Gallup, globalna studija Voice of the People – End of the Year, Očekivanja od 

predstojeće godine, Beograd 2010. 

Jovanović N. (et al.) Mapiranje praznine: nezavisni nadzor nad sprovođenjem Zaključnih 

komentara i preporuka UN Komiteta za eliminaciju diskriminacije žena u Srbiji, Autonomni 

ženski centar, Beograd 2009. 

Građanske inicijative, Istraživanje percepcija i stavova javnosti o nevladinom sektoru u Srbiji 

2009. godine, www.gradjanske.org/admin/download/files/cms/attach?id=281 

National Plan of Action to Combat Trafficking in Human Beings in the period 2009-2011, 

Official Gazette of RS, no. 35, Belgrade 12 May 2009 

Nikolić-Ristanović V. [et. al.], Trafficking in Men in Serbia, Victimology Society of Serbia, 

Belgrade 2009. 


Towards the Schengen White List report, A Report on the Progress of Serbia in the Visa 

Liberalisation Process, Group 484, Belgrade, September 2009, http://www.grupa484.org. 

rs/files/BSL09%20-%20izvestaj.pdf 

Bošković G., Efekti prodora organizovanog kriminala u legalne ekonomske tokove, Revija 

za bezbednost, br. 7, Centar za bezbedonosne studije, Beograd 2008. 

Đurđević Z., Međunarodna saradnja u suprotstavljanju međunarodnom kriminalu, Revija 

za bezbednost, br. 7, Centar za bezbedonosne studije, Beograd 2008. 

Ilić G., Oduzimanje imovine stečene kriminalom, Revija za bezbednost, br. 5, Centar za 

bezbedonosne studije, Beograd 2008. 

Manojlović D., Pranje novca – teorijsko i empirijsko istraživanje, Revija za bezbednost, br. 

2, Centar za bezbedonosne studije, Beograd 2008. 

Nikolić B., Značaj zaštite svedoka u borbi protiv organizovanog kriminala i drugih 

najtežih oblika kriminaliteta, Revija za bezbednost, br. 7, Centar za bezbednosne studije, 

Beograd 2008. 

Stevanović I. (ed.), Implementation of the Convention on the Rights of the Child in Serbia, 

Child Rights Center, Belgrade 2008. 

Human Trafficking in Serbia, HERA Project, European Public Law Center, Hellenic Aid, 2007. 

Izveštaj o dečjoj zaštiti u Srbiji, UNICEF, Beograd 2007. 

Jovašević D., Primena kazne konfiskacije imovine u suzbijanju organizovanog kriminaliteta, 

Revija za bezbednost, br. 4, Centar za bezbednosne studije, Beograd 2007. 

Milovanović, M., Aktuelni trenutak u kreiranju sistema za borbu protiv pranja novca i 

finansiranja terorizma, Revija za bezbednost, br. 5, Beograd 2007. 

Petrović M., Vučković-Šahović N., Stevanović I., Prava deteta u Srbiji 2006. godine, Centar 

za prava deteta, Beograd 2007. 

Breaking the Cycle of Exclusion. Roma Children in South East Europe, UNICEF, Belgrade 2007 

476


(Re)Integration of the trafficked persons – a process or result?, La Strada Moldova Express, 

No. 3, April 2007. 

Report to the CEDAW Committee, The Voice of Difference, Autonomous Women’s Centre, 

ASTRA, Incest trauma centre, Women in Black, Belgrade, March 2007 

Tatić D., Izveštaj o položaju osoba sa invaliditetom u Srbiji – analiza pravne regulative i 

prakse, Centar za samostalni život invalida Srbije, Beograd 2007. 

The State of Children in Serbia 2006. Poor and Excluded Children, UNICEF, Belgrade 2007. 

Žegarac, N., Children Speak Out: Trafficking Risk and Resilience in South East Europe, Save 

the Children UK South East Europe Programme – See Europe Child Trafficking Response 

Programme, Belgrade 2007. 

Blagojević M., Rodni barometar – društveni položaj i kvalitet života žena i muškaraca Srbija 

2006, AŽIN – Beograd, Altera MB – Budimpešta 2006. 

Human/Child Trafficking – A Look Through the Internet Window, ASTRA, Belgrade 2006. 

Leerentveld H. [et. al.], Feasibility Study on Employment and Professional Rehabilitation of 

People with Disabilities in Serbia – Final Report, HTSPE Limited UK (The European Union’s 

Programme for Serbia) 2006. 

Mijalković S., Organizovane ilegalne migracije kao savremeni bezbednosno-kriminalistički 

problem, doktorska disertacija, Fakultet bezbednosti, Beograd 2006. 

National Millenium Development Goald in the Republic of Serbia, Government of Serbia, 

Belgrade 2006. 

Položaj žena na tržištu rada u Srbiji, UNDP, Savet za ravnopravnost polova Republike 

Srbije, Beograd 2006. 

Ristović M., Trgovina bebama u Srbiji – rođeni da nestanu, Miša Ristović, Niš 2006. 

Stojanović Z., Komentar Krivičnog zakonika, Službeni glasnik RS, Beograd 2006. 


A global alliance agaist forced labor – Global Report under the Follow-up to the ILO 

Declaration of Fundamental Principles and Rights at Work (Report of the Director 

General) International Labour Conference, 93rd Session 2005. 

Alternative Report on the Implementation of the International Covenant on Economic, Social 

and Cultural Rights, Child Rights Center, ASTRA, Belgrade Center for Human Rights, 

Group 484, Belgrade 2005. 

Izveštaj o realizaciji milenijumskih ciljeva razvoja u Republici Srbiji, Vlada Republike Srbije, 

Beograd 2005. 

Limanowska B., Trafficking in Human Beings in South Eastern Europe 2002 – Current 

Situation and Responses to Trafficking in Human Beings in Albania, Bosnia and 

Herzegovina, Bulgaria, Croatia, The Federal Republic of Yugoslavia, the Former Yugoslav 

Republic of Macedonia, Moldova, Romania, UNICEF, UNOHCHR, ODIHR, 2005. 

Perceptions of and Opinions On Child Abuse. Qualitative research in 7 municipalities with 

10-19 year-old children and young people, UNICEF, Beograd 2005. 

Surtees R., Second Annual Report on Victims of Trafficking in South-Eastern Europe 2005, 

Regional Clearing Point. 

Trafficking in Human Beings and Forced Labor Exploitation, International Labor 

Organization, 2005. 

Žene i muškarci u Srbiji, Republički zavod za statistiku, UNDP, Beograd 2005. 

Dokmanović M., Ženska prava u zemljama Balkana – u raljama tržišne ekonomije, Ženski 

centar za demokratiju i ljudska prava, Subotica 2004. 

Legislative Guides For The Implementation of The United Nations Convention against 

Transnational Organized Crime and the Protocols Thereto, UNODC, Division for Treaty 

Affairs, New York 2004. 

Limanowska B., Trafficking in Human Beings in South Eastern Europe 2004 – Focus on 

Prevention in Albania, Bosnia and Herzegovina, Bulgaria, Croatia, the Former Yugoslav 

Republic of Macedonia, Moldova, Romania, Serbia and Montenegro, the UN Administrative 

Province of Kosovo, UNICEF, UNOHCHR, ODIHR, 2004. 

478


Marković A., Milutinović D., Ima li novca za borbu protiv trgovine ljudskim bićima? – 

istraživanje o mogućnostima finansiranja i kontroli trošenja sredstava iz budžeta Republike 

Srbije namenjenih borbi protiv trgovine ljudima, Centar za ljudska prava, CRS, Beograd 

2004. (neobjavljeno u posedu autora) 

National Referral Mechanisms, Joining efforts to Protect the Rights of Trafficked persons. A 

Practical Handbook, OSCE/ODIHR, 2004. 

Nikolić-Ristanović V. [et. al.], Trgovina ljudima u Srbiji, Viktimološko društvo Srbije, OEBS 

Misija u Srbiji i Crnoj Gori, Beograd 2004. 

Puzigaća M., Stanje i izazovi za rodnu ravnopravnost u Jugoslaviji, SCAN Novi Sad, 2002; 

citirano prema Blagojević M., Položaj žena u zemljama Balkana – komparativni pregled, 

GEEP Gender jednakost i ravnopravnost u BiH, Gender centar Vlade RS i Gender centar 

Vlade FBIH, Bosna i Hercegovina, 2004. 

Brkić M. [et. al.], Prava deteta u Srbiji 1996-2002, Centar za prava deteta, Beograd 2003. 

Butcher K., Confusion Between Prostitution And Sex Trafficking, Lancet, June 2003. 

Guidelines for Protection Of The Rights Of Children Victims Trafficking In Southeastern 

Europe, UNICEF, May 2003. 

Praksa organa za prekršaje u Beogradu – prostitucija i (i)legalna migracija kao pojave 

iza kojih se krije moguća trgovina ljudima, ASTRA, Udruženje sudija za prekršaje, 

Beograd 2003. 

Limanowska B., Principles and Guidelines on Human Rights and Human Trafficking, Volume 

3, UN Office of the High Commissioner for Human Rights, 2002. 

Jordan A.D., Annotated Guide to The Complete UN Trafficking Protocol – Initiative Against 

Trafficking in Persons, International Human Rights Law Group, Washington DC 2002. 

National Programmes to Combat Trafficking in Human Beings – National Plans of Action 

(Background Paper), Task Force on Trafficking in Human Beings, Stability Pact for South 

Eastern Europe, Vienna 2001. 


Aleksić I., Lukić M., Serbia – Country Report, in: Women 2000 – An Investigation on the 

Status of Women’s Rights in Central and South-East Europe and the Newly Independent 

States, New Helsinki Federation for Human Rights, Helsinki 2000. 

Nikolić, Z., Kriminologija sa socijalnom patologijom, Narodna knjiga, Beograd 2000. 

Simić M., Rehabilitacija invalida, Fakultet političkih nauka, Beograd 1996. 

Milovanović M., Stakić Đ., Metode socijalnog rada, Stručna knjiga, Savez društava 

socijalnih radnika Srbije, Beograd 1991. 

CIP - Каталогизација у публикацији Народна библиотека Србије, Београд 

343.85:343.431(497.11)”2000/2010” 

HUMAN Trafficking in the Republic of Serbia : report for the period 2000-2010 / 

[authors Marija Anđelković ... et al.]. - Belgrade : Astra Anti Trafficking Action, 2011 

(Vršac : Tuli). - 480 str. : ilustr. ; 21 cm 

Izv. stv. nasl.: Trgovina ljudima u Republici Srbiji. - Podaci o autorima preuzeti iz 

kolofona. - Tiraž 300. - Napomene i bibliografske reference uz tekst. - Bibliografija: 

str. 475-480. 

ISBN 978-86-84889-15-9 

1. Anđelković, Marija [аутор], 1975- 

a) Трговина људима - Сузбијање - Србија - 2000-2010 

COBISS.SR-ID 184627212 

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knjiga eng web.indd - Astra

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