CORRUPTION

Between Criminal Justice and Human Rights
do not allow the foreigner…to set conditions of the protection programme, from where the one-sided
desertion of the protection project entails the loss of all benefits related to the admission to the
project itself.” 13 This decision seems too strict, because in this way the protection program becomes
rather similar to a detention measure that restricts personal freedom. People admitted to a protection
program under Article 18 find themselves in a condition of exploitation or serious danger and are
victims, not criminal offenders; the focus of pieces of legislation like Article 18 should be on protecting
these victims from further violence and exploitation. If the aim of the provision of Article 18 is to allow
social integration, it is contradictory to introduce administrative decisions that by de facto restrict
freedoms. We should also consider that before applying for a residence permit for reasons of social
protection, migrants often receive several expulsion orders because they are considered illegal
immigrants. Concerning this, the Ministry of the Interior has explained that these expulsion orders
should be withdrawn if migrants meet all requirements for the issuance of a residence permit under
Article 18. The administrative case law has also addressed the problem of the risk of retaliations
against the trafficked victim’s family members still living in the country of origin, which is a strong
deterrent preventing victims from seeking access to the protection system introduced by Article 18.
Thus, national authorities should evaluate the risk of retaliations against the victim and his/her family
in their host country as well as in their country of origin, if the victim is repatriated. 14
In conclusion, an analysis of the existing international and European framework and the Italian
framework for combatting human trafficking reveals that there are critical issues that still need to be
addressed. A continuation of strict immigration policies and protection programs that mainly address
prosecution is not the best way to prevent trafficking-related crimes; these approaches do not satisfy
the aims established by anti-trafficking laws. National governments should focus on the protection of
fundamental rights, assisting victims and informing them about their rights, as well as on prevention,
using prosecution and criminal law methods only in truly necessary cases.
International Affairs Forum
92