SERBIA (Tier 2)

Serbia is a source, transit, and destination country for men, women, and girls subjected to trafficking in persons, specifically forced prostitution and forced labor. Foreign victims found in Serbia originate primarily from Eastern Europe and Central Asia, although there were two victims identified from the Dominican Republic during the year. Children, mostly Roma, continued to be exploited in the commercial sex trade, subjected to involuntary servitude while in forced marriage, or forced to engage in street begging. Serbian nationals continued to comprise the majority of identified victims in 2009.
The Government of Serbia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The Serbian government achieved important progress in its anti-trafficking efforts in 2009, as it developed and implemented formal procedures to proactively identify trafficking victims, earmarked emergency funding for two NGO shelters, introduced tougher penalties for traffickers, and increased efforts to prevent trafficking. Imposed punishments for convicted traffickers and complicit officials, however, remained consistently low. Insufficient funding for NGOs and government agencies responsible for victim services continued to hamper the government’s ability to provide rehabilitation and reintegration services to victims.

Recommendations for Serbia: Institute reforms to ensure that convicted traffickers receive adequate sentences reflective of the heinous nature of the offense; vigorously prosecute, convict, and punish all forms of trafficking including complicit officials who facilitate trafficking; increase and sustain funding for NGOs providing victims with comprehensive assistance and rehabilitation; increase personnel and resources allocated to the government’s victim protection agency; increase training for social workers, police, and other front-line responders to continue to improve identification and referral of trafficking victims; and improve the delivery of specialized services and shelter for children and adult male victims of trafficking.

Prosecution
The Government of Serbia made substantial progress by improving its anti-trafficking laws and imposing more stringent sentences on some trafficking offenders during the reporting period. The criminal code for Serbia prohibits both sex trafficking and labor trafficking through its article 388; this criminal code does not specifically distinguish between commercial sexual exploitation and forced labor. A separate article of the criminal code prescribes penalties for “slavery or a relationship similar to slavery” with penalties of one to 10 years. In August 2009, the government adopted amendments to its criminal code which increase prescribed punishments for trafficking offenders to three to 12 years’ imprisonment, up from the previous two to 10 years’ imprisonment. These penalties are sufficiently stringent and commensurate with those prescribed for other serious offenses, such as rape. Amendments to the criminal code also increased the minimum prescribed penalties for trafficking children from three to five years and eliminated the previous discretion that allowed judges to hand down sentences less than the prescribed minimum. In 2009, the government reported at least 51 investigations of trafficking offenses, as well as the prosecution of 42 and conviction of 40 trafficking offenders, with the majority receiving sentences ranging from two to four years’ imprisonment. The Serbian government confirmed that at least two of the convicted traffickers were in jail pending appeal, as by law individuals convicted for trafficking are only detained during the appeals process if their sentence was greater than five years. Some trafficking suspects and offenders accused or convicted of violent crimes continued to be freed during the pre-trial and post-conviction appeal process, posing a serious risk to their victims. One of Serbia’s most infamous traffickers, sentenced to four years and three months by the Supreme Court in 2006 and a fugitive since then, was re-arrested to serve his sentence on March 11, 2010. In a welcome development, in August 2009, the Supreme Court of Serbia confirmed on appeal the highest-ever sentence for trafficking of 10 years’ imprisonment. This trafficker is currently serving his sentence. The defendant was the main trafficker in the “Jet Set” case also involving the complicity of the Deputy District Prosecutor in Novi Pazar and two police officers. In August 2009, the Supreme Court confirmed on appeal a lower court judgment finding the Deputy District Prosecutor and the officers guilty of public abuse of office and of trafficking in persons, confirming their suspended sentences and three years’ probation. The prosecutor had sexually exploited some of the victims. The government’s refusal to cooperate directly with the Republic of Kosovo government hampers Serbia’s efforts to investigate and prosecute some transnational trafficking.

Protection
The Government of Serbia made some progress protecting victims of trafficking and significantly improved its capacity to identify trafficking victims in 2009. In April, it issued an order for all police personnel to aid in the proactive identification of trafficking victims, remedying a long-standing deficiency in its victim protection scheme. In 2009, police referred to service providers 112 out of 127 total trafficking victims identified by the government’s Agency for Coordination of Protection of Trafficking Victims. Of the identified victims, 30 adult victims were accommodated in two shelters. According to the government, 17 out of the 26 trafficked children identified as trafficked in 2009 were accommodated in orphanages or were detained in a youth rehabilitation center. The remainder were placed in domestic violence shelters, a trafficking shelter, or placed with foster families. The government’s ability to protect child victims of trafficking was limited by the lack of specialized shelters for children. Children placed in orphanages or youth detention centers were highly vulnerable to re-trafficking and re-victimization. One NGO reported instances of traffickers continuing to exploit some young girls placed in orphanages in 2009. The government did not run special shelters or services for trafficked men.

NGOs report that authorities sometimes fail to recognize a victim of trafficking. However, identified victims generally were not detained, jailed, or otherwise penalized for unlawful acts committed as a direct result of their being trafficked. While stakeholders reported improvements in victim referrals in 2009, the repatriation through Serbia of victims in a large forced labor case involving mostly Bosnian Serb men exploited for labor in Azerbaijan demonstrated shortcomings and a lack of coordination in the referral system. An NGO reported that the Serbian government failed to provide assistance to these forced labor victims or to refer them to service providers. Serbian police conducted interviews with 12 potential victims from the case and the investigation was ongoing.

On December 16, the government stepped in to remedy a funding shortfall for two NGO-run shelters in danger of closing by allocating $45,000 to keep them in operation. Despite this emergency effort, overall funding for NGOs and the government’s protection agency continued to be deficient. The government’s protection agency remained understaffed. NGOs continued to rely heavily on international donor funds and a small fund generated from the government’s sale of a 2008 special anti-trafficking postage stamp to provide critical services to victims in Serbia. In October 2009, the government requested a formal inquiry into a case of a trafficking victim and her daughter who were allegedly threatened by the victim’s trafficker in a Serbian courtroom and subsequently charged by the court with perjury and defamation.

Prevention
The Government of Serbia demonstrated modest progress in its efforts to prevent trafficking in 2009. The Ministry of Interior maintained an anti-trafficking website and Facebook page and published its anti-trafficking hotline via a poster campaign. It proclaimed October as Anti- Trafficking Awareness Month and held an exhibition of children’s drawings with an anti-trafficking awareness theme, publishing a calendar with some of the drawings. During the year, the national coordinator disseminated information on a regional victim referral mechanism developed and funded by international organizations.

Leskovac – The Court in Leskovac sentenced Njegoš Đurović (22) to 10.5 years and Dejan Stefanović (22) to 10 years in prison for rape and soliciting minor girl Z.M. (13).

The Court has found that since March until October 2009, they were psychologically and physically forcing the girl to sexual intercourse.
The defendants denied that they had used force, stating that the girl “voluntarily agreed” to have sex with them.

With this Instruction, the Ombudsman recommends, initiates and requests from all institutions and actors in the public space to observe in all occasions the rules of non-discriminatory behavior and verbal expression. His opinion is that in the building of institutional identity, it is necessary to take targeted effort towards recognizing and combating discriminatory mechanisms of misogyny, ablebodism and homophobia, which are extensively present in our society.

At the moment, the instruction contains three chapters:

I Non-discriminatory language and behavior relating to  women

II Non-discriminatory language and behavior relating to LGBT persons

III Non-discriminatory language and behavior relating to persons with disabilities

http://www.ombudsman.rs/attachments/-01_upustvo%20za%20standard.doc

Biljana Kovačević – Vučo was a human rights activists in Serbia. In her long career of peace and human rights activists, she was, inter alia, a founder of the Human Rights Council of the Center for Anti War Action in Belgrade; head of the SOS hotline for legal assistance to the victims of political, ethnic and labor-related discrimination (1992-1995); founder, general secretary and head of legal aid office of the Helsinki Committee for Human Rights in Serbia (1994-1997); president of the Managing Board of the Center for Transition to Democracy (1997) and founder and president of the Lawyers’ Committee for Human Rights – YUKOM – since 1997 (former Yugoslav Lawyers’ Committee for Human Rights). She was the initiator of the majority of NGOs coalitions and networks dealing with the protection of human rights in Serbia and in the region. Since 1996, she was practicing law in Belgrade in her law office specialized in criminal law and human rights violation cases. She was representing victims of human rights violations before national and international bodies (UN Committee for Human Rights and European Court for Human Rights).

Belgrade – The Interior Ministry reports that the police arrested Milivoje Zarubica (45), called Puja, known as the Balkan Human Trafficking King.

It is said in the communication that Zarubica was arrested in Blace near Kursumlija. There has been an arrest warrant issued against him on the basis of a four-year prison sentence he has to serve  upon the final and enforceable judgment of the Belgrade Higher Court,

On the arrest, Zarubica “was using forged documents on the name of Zoran Papovic”, based on which he was living in the territory of Niš and Leskovac, where he was involved also in trade in cultural objects found during illegal archeological diggings in various locations in Serbia”.

“During 1999, three criminal reports were raised against him”, it is said in the communication of the Interior Ministry, specifying that “in only one action against Zarubica in Resnik in December 1999, 46 girls from Romania and Moldova were found, as well as DEM 180,000”.

The police reports that Zarubica, known in public as the Balkan Human Trafficking King, was on the run for two months in 2003, when the police was searching for him for mediation in prostitution, reminding that he was arrested then during the Saber action in Batajnica.

In 2004 and 2005, the Higher Court in Belgrade “sentenced him, together with another 11 persons, for various trafficking offences, because he was involved in organizing prostitution and illegal deprivation of liberty of at least 11 Moldova nationals”.

In November 2008, the Anti Mafia Court in Bologna (Italy) sentenced him to the prison term of 17 years and a fine of EUR 150,000 for human trafficking and mafia alliance, it is added in the communication.

In an unprecedented judgment on trafficking in human beings, on 7 January 2010, the European Court of Human Rights (ECHR) found the Republic of Cyprus guilty on multiple counts, in the case of Rantsev v. Cyprus and Russia for failing to protect Oxana Rantseva, a Russian national who fell to her death in March 2001 under mysterious circumstances.

Twenty year old Russian woman Oxana Rantseva was trafficked from Russia to Cyprus, a destination country for women trafficked from Eastern and Central Europe for the purpose of sexual exploitation. In Cyprus under the “artiste” visa scheme, she was subjected to sexual exploitation in a cabaret in the island’s largest coastal resort, Limassol. Ms Rantseva was found dead in March 2001 below the balcony of an apartment belonging to an employee of the cabaret, having been taken there from a police station by the cabaret’s owner. The police found a bedspread tied to the railing of the balcony on the upper floor of the apartment.  An inquest in Cyprus found she had died as a result of injuries sustained when she jumped from the balcony.

The issuing of special ‘artiste’ or ‘entertainment’ visas was for many years directly related to trafficking in women for sexual exploitation with women being forced into prostitution by traffickers who fraudulently recruited victims for work as ‘entertainment’ dancers in cabarets and nightclubs.

The case was brought by Nikolay Rantsev, Ms Rantseva’s father. He argued that there was no adequate investigation into the circumstances surrounding his daughter’s death, that she was inadequately protected by Cypriot police while she was still alive and that there was a complete failure to punish the individuals responsible for exposing his daughter to the sexual exploitation and ill treatment which ultimately led to her death. He also complained about the lack of access to the judicial process in Cyprus.

The Court found that Cyprus, the State of destination in this case, had not only failed to protect Ms Rantseva from being trafficked or from being unlawfully detained prior to her death, but it had also failed to adequately investigate her death.  Russia, the state of origin, was found by the Court to have failed to adequately investigate the way in which Ms Rantseva had been trafficked from its borders. The Court ordered the Cypriot Government to pay Oxana Rantseva’s father the sum of Euro 40,000 in damages and the Russian Government to pay a sum of Euro 2,000. In its judgment, the Court clarified the obligations of states in relation to trafficking – whether states of origin, transit or destination – as well as noting the importance of cross border coordination in fighting trafficking.

Noting that, as a relatively modern phenomenon, human trafficking is not mentioned in the 1950 European Convention, the Court found that it nevertheless fell within the scope of Article 4 of the Convention (prohibiting slavery, servitude, and forced or compulsory labour).  The Court elaborated on the positive obligations of states in the context of Article 4 with respect to trafficking, holding that there is a positive obligation on states to adopt appropriate and effective legal and administrative frameworks, to take protective measures, and to investigate trafficking where it has already occurred. The Court described as “indisputable” that the latter obligation involved the need for a full and effective investigation covering all aspects of trafficking allegations, from recruitment to exploitation.  The Court noted that these positive obligations applied to the various states potentially involved in human trafficking – states of origin, states of transit and states of destination. Given the cross border nature of trafficking, the Court emphasised, as Interights did in its written comments to the Court, the importance of cross border cooperation in investigating incidents of trafficking.

In relation to Cyprus, the Court found that the regime of “artistes” visas did not afford practical and effective protection against trafficking and exploitation.  It also found that the Cypriot police had failed to make appropriate enquiries of Ms. Rantseva in a situation which gave rise to a “credible suspicion” she had been trafficked.  Accordingly, the Court found that Cyprus had failed to comply with its positive obligations under Article 4.  Having previously found a violation by Cyprus of its duty to investigate Ms. Rantseva’s death under Article 2 (the right to life), the Court found it did not need to revisit the procedural obligation under Article 4.

In relation to Russia, the Court found there was a failure to effectively investigate the trafficking of Ms Rantseva under Article 4 of the Convention. It stated that there had been no investigation into how Ms. Rantseva had been recruited, and no steps to identify those involved in her trafficking or their methods.  It stated that Russia was well placed to investigate the individuals and networks responsible for Ms. Rantseva’s trafficking and that it had failed to do so.  Accordingly, it found Russia in violation of its procedural obligations under Article 4.

Source: www.interights.org, http://www.medinstgenderstudies.org

This judgment altered the judgment rendered by the Belgrade District Court as the court of first instance in terms of the qualification of the offence and in terms of punishment for firstly accused Tahiri. His penalty is increased from five to six years imprisonment, while the penalty for other accused remained the same, ranging between 11 months to two years in prison.

By this judgment, the accused are finally and enforceably convicted of human trafficking, Article 388, Para 1 of the Criminal Code of Serbia.

http://www.srbija.gov.rs/vesti/vest.php?id=120693

The first Deputy Prime Minister and the Interior Minister Ivica Dačić has signed today an Agreement on Cooperation between Ministries of the Interior, Finance, Labour and Social Policy, Education and Justice in the area of fight against human trafficking.

On that occasion, Mr. Dačić has also signed an Agreement on establishing the Council for Combating Illegal Migrations between the Ministries of the Interior, Foreign Affairs, Finance, Labor and Social Policy, Defense, Justice, Economy and Regional Development and the Commissariat for Refugees.

The Agreements were signed by Defense Minister Dragan Šutanovac, Finance Minister Diana Dragutinović, Education Minister Žarko Obradović, Justice Minister Snežana Malović, Labor and Social Policy Minister Rasim Ljajić and Health Minister Tomica Milosavljević, the representatives of the Ministry of Foreign Affairs, the Ministry of Economy and Regional Development and the Commissariat for Refugees.

Minister Dačić said that the signing of the agreement in the anti-trafficking field was aimed at providing coordinated policy in combating this sort of crime, and especially in the area of prevention, education and victim protection.

According to him, Serbia wishes to respond timely and comprehensively to the problem of human trafficking using legal and social approach.

He stressed that this document envisaged the harmonization of work and coordination of activities of state authorities in the area of trafficking victims’ protection, in order to ensure the sustainability of protection and reintegration programs, especially by ensuring accommodation for victims.

Minister Dačić said that this was especially important since domestic citizens – trafficking victims had been increasingly identified in Serbia in recent years, half of whom are younger than 18.

The first Deputy Prime Minister reminded that on March 26, the Government had passed the Strategy for Combating Illegal Migrations, which was based on the National Program for Integration into EU, adopted Integrated Border Management Strategy and reforms in the country.

He said that priorities set in the Strategy included the fulfillment of criteria for the liberalization of the visa regime for the citizens of Serbia, the speeding up of the stabilization and association process, the strengthening of security capacities and potentials of Serbia and the implementation of integrated border management concept.

Minister Dačić stressed that the methodology for fighting illegal migrations specified in the Strategy was based on the legislation in force in Serbia, the best law enforcement practice of Serbia and EU, as well as on the Schengen catalogue of measures which comprised four phases in combating illegal migrations.

According to him, this includes activities in third countries, countries of origin and transit, bilateral and cross-border cooperation, the measures of inspection and supervision on outer borders, as well as other measures in combating illegal migrations.

Justice Minister Snežana Malović reminded that through the amendments and supplements to the Criminal Code, stricter penalties for human trafficking were introduced, while minimum sentence for the basic form of human trafficking is three years.

Minister Malović said that in fight against human trafficking it is necessary to apply as soon as possible the law on confiscation of criminal proceeds and stressed that the Government of Serbia was determined to fight any form of crime, including human trafficking.

She reminded that in forming the Government, two goals had been set: fight against crime and corruption and European integration. The signing of these Agreements means the attaining of both of the,

Fight against human trafficking is one of the most important topics on the path to the EU. At the beginning of this path, Serbia has to punish such practices, because after the liberalization of the visa regime, more problems related to illegal migrations will arise.

According to her, good coordination between state authorities, regional cooperation, as well as cooperation with the media and education institutions are necessary.

Minister Malović reminded that Serbia had ratified the Council of Europe’s Convention on Action Against Trafficking in Human Beings, which is the most up-to-date legal instrument for fighting this illegal activity.

She added that the Serbian experts were invited before the United Nations to take part in making the law which should be the anti-trafficking legal framework for all national legislations.

Minister Dačić said that the recommendation of the European Parliament for canceling visas for the citizens of Serbia was a practical benefit for our citizens. He added that this was the first step towards our country’s membership in EU.

He said that the European Parliament had adopted that recommendation, but the final decision was to be made by the Council of Justice and Home Affairs Ministers of EU Members States at the session scheduled to take place by the end of the month.

According to Minister Dačić, this is only the first step towards European integration, with ultimate goal being EU membership.

Šabac – The Šabac District Court has launched an investigation against three persons suspected of human trafficking and pimping girls.

The suspects were questioned and put in remand for up to 30 days. The investigation continues for suspicion that several persons used sexual services from minor girls. The proceedings have been instituted against V.LJ. (39), J.V. (31) and DJ.M. (44) who are suspected of having committed the offence against two 14-year old girls, primary school pupils.

“The first accused is charged with recruiting, transporting and giving to others minor girls, by abusing their difficult situation, by deception and by use of threats, all of this for the purpose of sexual exploitation, i.e. the exploitation of prostitution of injured minors”, said Slobodan Velisavljević, Judge of the Šabac District Court.

Judge Velisavljević said to B92 that the second accused was finding persons interested in using sexual services and bringing them in contact with the first accused.

“The agreement was that the second accused would get a sexual intercourse with one of the injured persons for free for every five clients he provided. After finding interested persons, the first accused would bring the girls to specific locations and hand them over to the users of sexual services. After the intercourse, the first accused would charge the services from the clients, whereby he kept all money for himself, giving the minor girls only symbolic amounts”, said Velisavljević.

According to the Judge, one of the clients was the third accused DJ.M., who had sex with one of the girls in exchange for agreed amount of money, whereby he was aware that this was a minor victim of human trafficking.

In the request for investigation, it is said that al of these took place since August until November.

The investigation continues based on reasonable doubt that more persons used sexual services form the minors.

]]> http://www.astra.org.rs/eng/?feed=rss2&p=216 0 http://www.astra.org.rs/eng/?p=213 http://www.astra.org.rs/eng/?p=213#comments Tue, 27 Oct 2009 11:55:32 +0000 ivana http://www.astra.org.rs/eng/?p=213 24.10.2009. / Source: Blic

Everything is for sale, especially in the times of crisis and poverty! The Bulgarian police have broken a human trafficking ring and arrested two persons under suspicion of smuggling pregnant women to Greece, where they organized the sale of babies for adoption.

The police say that this couple organized 13 pregnant women to go from Bulgaria to Greece, where they had their babies and, with lawyers’ assistance, sold them for adoption. The price of one baby varied between EUR 6000 and 8000, while the pregnant women received a usual rate of EUR 5000.

The arrested spouses, whose names have not been revealed, are 38-year old Bulgarian nationals, while, according to the police, pregnant women are mostly poor and of Roma origin, who wanted in this way to provide for their families. It is interesting that the arrested couple sold their own two children in Greece only a couple of years ago.

Reuters reports that the arrested couple had very well organized business in Greek hospitals, ensuring financial compensation for everyone involved in trafficking in babies.

“We’ve found a well-organized human trafficking ring. Lawyers and judges are involved”, Tchavdar Bojourski, police chief in the southern region of Sliven said to the news agency Focus.

According to unofficial information, the Bulgarian media report that further arrests are expected. The couple who was organizing babies trafficking was arrested at the border checkpoint Kulata between Bulgaria and Greece. They are from Lyubenova, near Nova Zagora.

On several occasions in recent years the EU was warning official Sofia that it had to tackle organized crime in order to gain access to all funds.