Trafficking in Human Beings in Southeastern Europe - Iom

Trafficking in Human Beingsin Southeastern Europesources the majority of women, including those against whom charges werelaid, have returned to the places where they were found.Bosnia andHerzegovinaThe charges against BiH citizens for mediating in prostitution were lifted dueto a lack of evidence. Four BiH citizens were charged with renting a place forprostitution and were sentenced to from 20 to 40 days imprisonment. Twocriminal reports sent to the municipal prosecutor’s office about the owners ofthe bars resulted in only one of the owners being detained.Almost all the raids took place without the presence of IPTF Human RightsOfficers until most of the women were already booked and/or charged. Therewas no co-operation between UNMIBH, UNHCHR and UNHCR. IOM wasinformed about the action one day in advance by the IPTF Human Rightsoffice. However, according to IPTF sources, the bar owners knew about theaction a couple of days in advance and were able to prepare themselves. Theinformation provided by the women about trafficking mechanisms and routeswere not collated or checked. Children under 18 were not identified. Nobodywas charged for other crimes related to trafficking but not to prostitution. Nobars were closed as a result of the action. 80 In general, Operation Macro canbe seen as an example of how the police should not deal with trafficking.1.4. ProsecutionTo date, there have been 11 successful cases of prosecution of traffickers inBiH. There are four trafficking cases currently before the trial court. In 2001,one person was sentenced to 3 years imprisonment for the offence of tradingin women for the purpose of prostitution, one to 2 years and 4 months for thesame offence, one to 1 year and 3 months (same offence). Others were sentencedto 1-2 years or 4-5 months. Approximately 17 victims of traffickingtestified at trial against bar owners or traffickers, and 174 trafficked personstestified before the Investigative Judge. 81Repatriation of the victims prior to the trial is one of the significant impedimentsto a successful prosecution. Another is the fact that in the cases of traffickingthere are no other witnesses or testimonies but those of the traffickedwomen. There is no witness protection under BiH criminal procedural law.Another impediment is that the girls and women receive threats at home andthey still have little hope that their testimonies will result in a prosecution,much less a conviction.Until recently, BiH law did not include any explicit anti-trafficking provisions.Law enforcement is a complex process due to the various levels of government.There is no anti-trafficking legislation in FBiH, and until October 2001 there wasnone in RS. There were some provisions in the Criminal Codes of both the FBiHand RS which could be applied, including slavery and transportation ofenslaved persons, unlawful detention, rape, forced intercourse, sexual intercoursewith a minor and recruitment into prostitution. These provisions are notrecognised by the police in relation to trafficking, nor for interpretation by thejudges, and the sentences are often not a sufficient deterrent.In October 2001 a new Criminal Code entered into force in RS, which nowincludes a distinct crime of “trafficking in persons for the purpose of prostitution”and penalises it with six months to twelve years imprisonment. In orderto prosecute the person under this provision, it has to be proven that moneyhas been given for the services of a woman, which is very difficult. This new80.Report by UNHCHR on the Effects of Operation “Macro”, 3 May 2001, p.1-6.81.Sonja Cronin, Prosecution of Trafficking cases.UNMIBH, Sarajevo, updated 14 December2001.67