Trafficking in Human Beings in Southeastern Europe - Iom

Trafficking in Human Beingsin Southeastern Europetioned approximately 600 women. Three hundred of them were judged to betrafficked.The police practice is not to detain any women who have valid documents andhave not committed any crime, but simply to leave them in the brothels.Women without valid documents and those who have committed crimes (whomust first serve any sentence), are taken by the police to the Federal ReceptionCentre for Foreign Citizens (the detention centre for illegal migrants) inPadinska Skela. Women, who are judged to be victims of trafficking – accordingto the police investigation and on the basis of their own statement - mustsign a statement confirming that they are victims of trafficking and want to bevoluntarily repatriated. These women are not prosecuted for illegal statusoffences and are expected to testify against traffickers.Republic ofSerbia(excludingKosovo)Those not judged to be trafficked persons are accused of illegal stay in thecountry and can be sentenced to up to 60 days in the detention centre priorto deportation. Although in principle women can also be charged with prostitution,in practice this is not done. No witness protection programme exists,and trafficked women who do not wish to be repatriated to their countries oforigin are treated as illegal migrants, arrested, detained and deported to theborder.In July 2001, the Federal Ministry of the Interior allocated space in the FederalReception Centre for Foreign Citizens in Padinska Skela as a temporary shelterfor trafficked persons who qualify for IOM support. IOM-trained staff interviewall referred women to asses their eligibility for the return programme. 90Women who are not eligible for the IOM programme are deported from theshelter to the border. Those that are covered by IOM programme are assistedto return to their country of origin once their travel documents have beenarranged. At the moment IOM only organises basic counselling for traffickedwomen. Basic medical treatment is provided on request at the Federal ReceptionCentre for Foreign Citizens. International organisations and NGOs thatwork with trafficked women have to ask the Federal Ministry of the Interiorofficially for permission to enter the Federal Reception Centre for Foreign Citizens,which in practice means they have no access to the detention centre.According to the police, women refuse to participate in the IOM programmenot only because they do not wish to go back home, but also because they areafraid to be recognised as prostitutes once they go back. The Moldavian press,for example, published some articles about IOM activities in Moldova, whichpublicly condemned women who return to Moldova with IOM support as prostitutes.1.4. ProsecutionAccording to the Criminal Code of Serbia and of FRY, trafficking is not a specificcriminal offence. However, trafficking is covered by the section on slavery,under Article 155, which pertains to the slavery and transportation of humanbeings. This crime belongs to the group of crimes against humanity, coveredunder international law within the chapter on “Criminal Acts Against Humanityand Other Objects Protected by International Law.” FRY has ratified the 1926Convention on Prevention and Combating Slavery and the 1956 AdditionalConvention on the Elimination of Slavery and Trafficking in Human Beings. 9190.To be eligible, women must be victims of trafficking and willing to return voluntarily to theirhome country.91.International Helsinki Federation for Human Rights, Report to the OSCE SupplementaryHuman Dimension Meeting on Trafficking of Human Beings, A Form of Slavery: “Traffickingin Women in OSCE Member States”, 19 June 2000, p. 68.79