Trafficking in Human Beings in Southeastern Europe - Iom

Trafficking in Human Beingsin Southeastern Europepersons. The Regulation also allows an establishment, which is involved in orassociated with trafficking, to be closed, and the confiscation of property oftraffickers. 109The UNAdministeredProvince ofKosovoTen legal cases have been brought against traffickers under the new regulation.In most of the cases, the traffickers were sentenced and immediatelyreleased, and to date only a few perpetrators have received punishmentaccording to the new law. There have been 52 cases prosecuted under the oldprovisions, Trafficking Regulation (44 cases) and the FRY Criminal Code crimeof “intermediation in the exercise of prostitution” (12 cases). There are 15cases involving trafficking currently ongoing in the courts. In addition to theone offender currently serving a three-year sentence under the TraffickingRegulation, there are four offenders currently sentenced and detained (pendingappeal). 110Police have closed several establishments after raids and have taken testimoniesfrom the trafficked women willing to testify. The bars were, however, reopenedsoon after as a result of court decisions. In the case of one bar inMitrovica, police asked six times for a court order to close the place, withoutresult. No establishment was closed for good and no property was confiscated.Even with testimonies from trafficked women and a new law in place, the traffickersare not punished and it has proved easier to close bars for not complyingwith labour and health codes, than on the basis of the anti-traffickingregulation. The reasons given by local and international institutions – TPIU,OSCE, IOM, NGOs - vary from a lack of understanding of the issues relatingto trafficking on the part of the judges, and a lack of knowledge and trainingon how to apply a new and complicated law, to weak evidence given by thetrafficked women and the lack of a witness protection programme.The only evidence is usually the victims’ testimonies taken after their arrest.The women whose testimony is being used in cases that may warrant thearrest of people involved in organised crime, may pose a serious security risk(TPIU gives a security profile for each shelter beneficiary) to herself and allinvolved, and cannot, therefore, be housed at the shelter as it does not have24 hour police protection. Currently, this rule is being reviewed. Due to thelack of a witness protection programme, trafficked women are almost alwaysrepatriated by IOM or OSCE before the trial date and their testimony is eitherlost or their statements are read out in court. Such statements have a muchweaker, if any, impact. As of October 2001, there had been only one casewhere the witness was actually present to give testimony in court.In December 2001, two UN police officers were arrested as part of an investigationinto trafficking and prostitution. The deputy commander of the policestation said that if it could be established that they broke the law, their immunitywould be revoked. 1112. Current responses2.1. Co-ordinationThe OSCE Mission in Kosovo plays the main role in all anti-trafficking activitiesas the leader of Pillar 3 for Democratisation and Institution Building within109. Regulation No. 2001/4 On the Prohibition on Trafficking in Persons in Kosovo. UNMIK/REG/2001/4.110.Information from IOM, Shelley Inglis, 17 January 2002.111.ONASA wire service – EnLj – 2 December 2001 15:10:41 – GEN – 0007.99