AZERBAIJAN 2006 TIP REPORT SUBMISSION

UNCLAS SECTION 01 OF 10 BAKU 000309

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SUBJECT: AZERBAIJAN 2006 TIP REPORT SUBMISSION

REF: STATE 3836

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1. (U) As per reftel, paragraph 3 below begins Embassy
Baku's submission on status of action the GOAJ has taken on
combating human trafficking. Answers are keyed to questions
in reftel.


2. (SBU) In preparing this report, Post has undertaken
extensive contacts with international organizations,
domestic non-governmental organizations (NGOs),and GOAJ
officials, and has analyzed all available data. Reliable
statistics on trafficking in Azerbaijan do not exist, but
more information is becoming available as the issue gains
attention from international organizations, local NGOs, and
the GOAJ. To the extent that transnational trafficking
occurs here, we believe that Azerbaijan is primarily a
transit and source country, and not a major destination
point. Internal trafficking, primarily of women for work in
the sex industry, is a problem. Prostitution is illegal and
highly stigmatized in this secular Islamic society; however,
a growing sex industry does exist. While trafficking
exists, we believe that irregular economic migration is a
more predominant activity involving Azerbaijanis than
trafficking in persons. Due to the lack of public awareness
and understanding regarding the exact definition of TIP, it
is likely that in civil society and possibly GOAJ reporting,
trafficking, economic migration, and migrant smuggling can
at times be interchanged and confused.

Though government activism on trafficking has been hampered
by a lack of resources and expertise, in 2005 the GOAJ
undertook some important steps to prevent and combat
trafficking. A new National TIP Coordinator was appointed
in May. The current TIP coordinator, together with the
President's Office, has worked to address the GOAJ's TIP
obligations. This summer, the GOAJ adopted legislation to
formally criminalize trafficking, clearing the way for
increased resources and broader efforts to tackle
trafficking. In November the Cabinet of Ministers approved
funding for the reconstruction of a building to serve as a
victims shelter; work has continued on the complex during
the winter, and the shelter is expected to open later this
spring. The international community is currently working
with the GOAJ to identify and train NGOs capable of staffing
the shelter. The GOAJ has been receptive to international
recommendations regarding the security infrastructure of the
building and the accommodations necessary for a victims'
shelter. For example, at the urging of the international
community the GOAJ rejected an earlier plan to house the
anti-trafficking police unit on the same compound. The GOAJ
has also established two separate TIP assistance lines - one
answered by Ministry of Internal Affairs officials and one
answered by a local NGO. The GOAJ has established these
hotlines with little guidance from the international
community and we expect that, as in other arenas, the GOAJ
will continue to be receptive to international advice on
improving its TIP-related infrastructure.

The GOAJ also undertook steps to vet its Special Police Anti-
Trafficking Squad (SPATS) in February 2006. Although this
unit was established in June 2005, the National Coordinator
agreed to re-staff the unit following USG-recommended
vetting procedures. As of March 1, the GOAJ had called for
applications, given applicants a multiple-choice written
exam, and conducted oral examinations of candidates who
passed the written exam. The current 11 members of the
SPATS also were required to participate in the exam and
compete with the rest of the candidates for their positions.
The exams were conducted under international observation.
In a positive development, the GOAJ allowed members of civil
society to sit together with MIA officials on the exam board
as recommended by the USG. As of March 1, the GOAJ was in
the process of conducting background investigations for

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those officers who had passed the oral exam.

BEGIN TEXT OF THE REPORT:


3. (SBU) A. Azerbaijan is a country of origin and transit,
and to a lesser degree a country of destination for
internationally trafficked men, women, and children.
According to the GOAJ, 231 victims of trafficking were
identified in 2005 (four children and 227 women). Eleven
women are Uzbeks, one Kyrgyz, and the rest were citizens of
Azerbaijan. According to the GOAJ, these victims were
trafficked by air to Dubai, UAE; Karachi and Lahore,
Pakistan; and Istanbul; and by land to Ighdir, Turkey; and
Tehran, Iran. It is also believed that Russia, Germany, and
other Western European countries are destination points. It
is also known that several Azerbaijani victims were
trafficked to the United States in early 2005. NGO
activists believe an increasing number of Azerbaijani
victims or transit victims end up in Greece. The GOAJ
maintains that these TIP victims were all sexually
exploited. Local non-governmental organizations, however,
maintain that the numbers are greater than those officially
documented by the GOAJ and that trafficking of men for labor
is a growing problem. While we believe official figures may
not represet the entirety of the problem in Azerbaijan,
figres generated from local NGOs are also not entirel
reliable due to lack of capacity, lack of understanding of
what constitutes TIP, and the hidden nature of the crime.
The few local NGOs that work on TIP report only irregularly
and the GOAJ publishes reports annually on its efforts.

It is also believed that trafficking occurs within
Azerbaijan's borders, but there is no concrete information
to verify this point. There was no reliable information
regarding trafficking to, from, or through the 16 percent of
Azerbaijani territory currently occupied by Armenian forces,
including the territory of Nagorno-Karabakh. The GOAJ does
not exercise control over this territory.

It is difficult to identify vulnerable populations due to
the overall lack of information on TIP crimes. It is
believed, however, that the majority of victims are lured
for economic prospects, including those who knowingly agree
to work in the sex industry. It is generally believed that
women are at the highest risk, and in particular women from
the IDP communities and women in communities where the
majority of the male population has left to seek work
outside of Azerbaijan. However, women from a variety of
backgrounds have become TIP victims, therefore making it
difficult to determine a set pattern. Civil society groups
have also reported that street children and children in
orphanages are vulnerable to trafficking and other
exploitive actions. In addition, it is believed men seeking
jobs may be trafficked internally to work on Baku's numerous
construction projects or internationally to places such as
Russia or Turkey. However, there were no reliable
statistics available to differentiate between irregular
labor migration, trafficking, and poor working conditions.


B. As stated above, it is believed the TIP situation in
Azerbaijan has not changed significantly in its nature in
the past year, although some NGOs and the GOAJ believe the
crime is becoming more hidden due to increased GOAJ efforts
to combat TIP. One local NGO reported that the number of
trafficking routes has increased because of the need to vary
activity to evade heightened law enforcement attention. For
this reason, the same NGO also reported that traffickers are
increasingly using land routes instead of air routes.
However, there was no reliable data to verify these
assertions. The GOAJ has demonstrated political will
throughout the year to combat and prevent trafficking in
persons in Azerbaijan, as demonstrated by its efforts to
create the necessary infrastructure.

Because of the high level of poverty it is difficult to

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distinguish between those who leave the country voluntarily
to prostitute themselves for economic reasons and those who
are unwittingly recruited into the sex industry via
traffickers. It is likely that these numbers are often
confused and interchanged. It is also likely that a number
of victims who voluntarily prostitute themselves end up as
trafficking victims. We believe a number of methods are
used to entice victims, including lucrative job offers and
solicitations by friends. Offers of marriage are also
employed to a lesser extent. While a variety of sources
indicate networks of organized crime operate trafficking
rings, there was no reliable information to determine with
clarity the profile of the average trafficker in Azerbaijan.
It is believed that a combination of false documents and
bribing officials (in particular border guards) are the
primary vehicles to move victims out of the country.


C. While the GOAJ has demonstrated the political will at a
variety of levels to address the problem, the GOAJ continues
to struggle with a number of other issues that distract from
anti-TIP efforts. The GOAJ lacks appropriately allocated
funding to fulfill the projects it needs to undertake to
meet its TIP obligations. However, with increasing budget
revenues in FY 2006, we expect this problem will diminish,
if funds are allocated appropriately. The GOAJ also lacks
the capacity to aid victims, due to a lack of shelter,
adequate hotline, expertise, or a structured, systematic
plan to accommodate victims. However, the GOAJ made
significant steps during the year to address these issues.
As of March 1, the GOAJ was in the process of: vetting the
police officers serving on the special anti-TIP police unit,
completing renovations on a secure shelter to house TIP
victims, and establishing nation-wide TIP assistance lines.
One of the biggest impediments to GOAJ action, however, was
pervasive corruption. The GOAJ began nascent efforts during
the year to address systemic corruption, but much remains to
be done. While we do not believe that officers working
directly on TIP issues facilitated TIP crimes, it is
possible that lower-level officials accept bribes to either
turn the other way or to directly facilitate trafficking.


D. The GOAJ, through its National Action Plan,
systematically monitors anti-TIP efforts and provides
regular updates to the USG and other international partners
with the expertise to help the GOAJ address the problem.
The GOAJ also periodically makes available its crime
statistics throughout the year, including TIP statistics.
Efforts at prevention are less well publicized, however, the
GOAJ periodically published press releases on conferences
and seminars intended to educate the population.

PREVENTION
--------------


A. The GOAJ acknowledges that TIP occurs in Azerbaijan and
consistently states its commitment privately and publicly to
developing more effective activities and policies to combat
TIP so as to prevent the development of a large-scale
problem.


B. The GOAJ agencies involved in anti-TIP efforts include
the Ministry of Internal Affairs, Ministry of National
Security, Ministry of Foreign Affairs, Ministry of Youth and
Sports, Ministry of Culture and Tourism, Ministry of
Education, Ministry of Justice, Ministry of Labor and Social
Protection, Ministry of Health, the Prosecutor General's
Office, the State Border Services and the State Customs
Committee. The Ministry of Internal Affairs takes the lead
on TIP efforts; the National TIP Coordinator is the Deputy
Minister of Internal Affairs. The MIA also oversees the
Special Anti-Trafficking Police Squad (SPATS).


C. The GOAJ has conducted several joint seminars with local
NGOs in a number of regions throughout Azerbaijan, involving
youth, local government authorities, and police

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representatives. The objective of these seminars was to
investigate the reasons and conditions behind TIP in
Azerbaijan. The GOAJ also conducted a joint seminar with
the State Committee on Work with Religious Structures on the
role of clerical leaders in fighting trafficking in persons.
High-level representatives of the State Committee on Women's
Issues (reorganized as the State Committee on Women,
Children, and Families at the beginning of 2006) also
regularly traveled throughout the regions to conduct
seminars and trainings on a wide variety of gender issues,
including education on trafficking and TIP-prevention.
These seminars targeted women in the regions from all
sectors of society.


D. With a poverty rate of 40 percent, the GOAJ has made job
creation and economic development a priority. The State
Program for Poverty Reduction and the State Program on
Social-Economic Development in the regions provide a
strategic plan for development outside the oil economy and
permanent job creation. These programs have reduced the
poverty level from over 50 percent several years ago to
around 40 percent in 2005. The GOAJ has also continued
efforts to build permanent housing for IDPs, using the State
Oil Fund. These programs will and likely have already
reduced the occurrence of trafficking by creating better
domestic employment prospects and better living conditions,
two of the key factors of TIP in Azerbaijan. As stated
above, the (former) State Committee on Women's Issues also
regularly works with Azerbaijani women to empower them and
raise public awareness of gender issues.


F. The GOAJ takes an authoritative lead on anti-TIP
efforts. The lead government interlocutors include the
President's Advisor on Law Enforcement Bodies and the
National TIP Coordinator. The GOAJ works with several local
NGOs. While in general the GOAJ is reluctant to work with
non-registered NGOs and the broader civil society community,
NGOs reported that the GOAJ was much more receptive to joint
efforts this year than in previous years. This included
participation in civil society forums on TIP. The GOAJ was
also an active participant at forums sponsored by the
international community, which increased interaction between
the GOAJ and civil society on TIP. The National Coordinator
and the President's Office regularly interact with the
international community on TIP (namely the USG, OSCE, IOM,
and ABA-CEELI) and seek our advice and assistance on
implementation of programs to combat TIP. During the past
year, the GOAJ has worked in close consultation with the
international community to establish a hotline, renovate a
shelter for trafficking victims, properly vet its anti-TIP
police unit, and amend current TIP and TIP-related
legislation to conform with international standards.
Several of these projects are ongoing and we expect the
close collaboration to continue until the completion of
these measures.


G. The GOAJ has continued efforts to enhance active
monitoring of its borders and its international airports,
and increased training for immigration personnel. The MIA
works with the State Border Services and the State Customs
Committee to track passengers flying in and out of Baku's
Heydar Aliyev International Airport in order to identify
potential traffickers and trafficking victims, and to
monitor seaports and land crossings.


H. The GOAJ, through the mechanism adopted in the 2004
National Action Plan, coordinates communication between
various government bodies and international institutions.
The multi-agency task force is headed by the National TIP
Coordinator, who is also a Deputy Minister of Internal
Affairs. The task force is composed of department heads
from the Ministries of Justice, National Security, Labor and
Social Welfare, Youth and Sport, Culture and Tourism,
Economic Development, and Health, as well as the Prosecutor
General's Office, The President's Office, the State Border

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Service, and the State Customs Committee. The National
Coordinator serves as the single point of contact for anti-
TIP efforts.

Under the 2004 legislation on combating corruption, the GOAJ
established the Anti-Corruption Commission led by the
President's Chief of Staff, which includes other members of
the President's Office, the Ministry of Internal Affairs,
Ministry of National Security, Parliament, the Constitution
Court, the Prosecutor General's Office, and the Ministry of
Justice. The Commission submits annual reports to the
President, Parliament, and the Constitutional Court. Under
the Commission, the GOAJ also established an inter-agency
corruption legislative working group to draft legislation,
which includes international experts. The GOAJ regularly
works with the international experts to vet proposed
corruption legislation. Additionally, The Prosecutor
General's office has initiated a corruption investigative
unit. However, the GOAJ's efforts to combat systemic
corruption remained nascent. During the year, the Ministry
of Internal Affairs reported that it worked with the
Prosecutor General's Office to investigate 189 corruption
cases.


J. The GOAJ has a national action plan (NAP) to address
TIP, adopted in 2004. The NAP was developed by the
President's Office and the Ministry of Internal Affairs in
consultation with the USG, OSCE, and IOM. Since 2004, the
GOAJ has discussed the NAP with target audience groups at
conferences and seminars related to trafficking. Key
elements of the NAP were codified in 2005 with the passage
of a formal law against trafficking.

INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------


A. In June 2005 the GOAJ adopted the Law on the Fight
Against Trafficking in Persons (amended in January 2006),
and in October 2005 adopted relevant criminal code
amendments to establish penalties for the crimes outlined in
the law. The law was written in close consultation with the
international community and as such, it is a robust law that
covers a plethora of TIP circumstances. The law itself bans
trafficking for the purposes of human exploitation, which
includes a broad range of activities including sexual
exploitation, forced labor, slavery, recruitment for
unlawful activity, etc. The law makes no distinction that
the activity must involve crossing international borders.
The law also sets out an ambitious program that relevant
authorities within the GOAJ must undertake in order to
investigate, prosecute, and prevent trafficking, as well as
provisions for victim protection and rehabilitation.

Prior to the law's passage and adoption of criminal code
amendments, traffickers were convicted under the country's
laws that covered trafficking-related crimes. Outside of
the law specifically criminalizing TIP, traffickers may be
prosecuted under articles prohibiting slavery, rape, forced
prostitution, sexual coercion, operation of brothels, the
trade and transit of minors, and involvement of minors under
the age of 16 in sexual coercion, prostitution, or other
obscene acts. These laws were used during the reporting
period to prosecute traffickers due to the late adoption of
criminal code amendments. Taken together, these laws
encompass the full scope of possible trafficking activities.

The above represents a full inventory of trafficking laws in
Azerbaijan, with the relevant penalties described below.
The new TIP legislation includes, for the first time, the
possibility of confiscation of property. While roughly
equivalent to a civil forfeiture law, this provision is
included in the criminal code.


B. The criminal code amendments passed by Parliament in
October 2005 establish the following penalties for "human

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trafficking" without distinction as to the type of human
trafficking:

-- Trafficking of one human being is punishable by five to
ten years' imprisonment and confiscation of property.

-- Trafficking of more than one person, committed
repeatedly, or with various special circumstances is
punishable by eight to ten years' imprisonment with
confiscation of property.

-- Trafficking that results in the death of a victim or
other grave results due to negligence is punishable by six
to twelve years' imprisonment with confiscation of property.

The criminal code also outlines penalties for dissemination
of confidential information about a TIP victim, which is a
fine of 100 to 500 times the "nominal fiscal unit," equal to
5,500 old manats or approximately USD 1.20, (the average
monthly salary is approximately USD 125); up to 240 hours of
community service; or up to one year of correctional labor.
Should the same act be committed by a person using his or
her official status, the fine is increased to 500 to 1000
times the average monthly salary; one year of correctional
labor; or up to six months' imprisonment. If the same
actions include grave results, the punishment is one to ten
years' imprisonment.


C. Under the criminal code provisions, traffickers
prosecuted for sexual violence (which can include rape,
compulsion to prostitution, compulsory sterilization or
commitment against persons of other actions connected to
sexual violence) may receive a jail sentence of 10-15 years
or life imprisonment. Rape itself is punishable by four to
15 years. Violent actions of a sexual nature carry a
sentence of 3-8 years, or up to 15 if the victim is a minor,
dies, or contracts HIV. Coercion into sexual actions is
punishable by a fine, corrective works, or imprisonment up
to three years. The more punitive charges are in line with
the penalties for sex trafficking. However, most
traffickers during the year were convicted under
prostitution charges, although five were convicted under the
charge of coercion into sexual relations.


D. Prostitution is illegal in Azerbaijan. The activities of
a prostitute, brothel owner/operator, pimp, and enforcer are
all criminalized and the laws are enforced. The actions of
a client are not criminalized.


E. The National TIP coordinator briefs USG personnel on the
latest trafficking prosecution statistics at virtually every
meeting. The GOAJ was prompt and forthcoming with requested
information on trafficking investigations, prosecutions, and
convictions.

During 2005, the GOAJ reported that it opened 160 criminal
cases related to trafficking in persons. Five cases were
still under investigation at year's end. Out of the
remaining 155 cases, 153 were sent to the courts and two
were closed without criminal charges. Out of the opened
criminal cases, five were prosecuted under coercion to
sexual activities, one under involving a minor in
prostitution, two under trade in minors, 54 under
involvement in prostitution, and 91 in managing a brothel.
Of the 153 cases sent to court, 87 of the accused are women
and 66 are men. (Five cases were still under investigation
at year's end).

Under the charges of involvement in prostitution, as of
March 1, 11 individuals had been imprisoned, 12 individuals
had received administrative charges (fines or injunctions)
and 20 individuals were fined.

Under the charges of maintaining and managing a brothel, 26
individuals were imprisoned, 14 received administrative

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charges, and 10 received suspended sentences.

The cases of 58 individuals are still under consideration by
the courts. Because of the late adoption of legislation
specifically criminalizing trafficking, no traffickers have
as yet been charged under the new statutes. As of March 1,
59 individuals remained in prison on trafficking-related
convictions.

Additionally, in February 2006, the GOAJ issued a press
release stating that the MIA, Ministry of National Security,
and the State Border Guards had broken up a transnational
trafficking ring involving 40 individuals from various
countries. During the year the GOAJ also actively cooperated
with USG authorities on a case involving Azerbaijani
traffickers and victims operating in the United States. The
case has resulted in two convictions in US courts, including
the longest-ever TIP sentence handed down in the United
States.


F. The GOAJ has provided little information about the
identity of convicted or suspected traffickers. Anecdotal
evidence suggests they are men or women, working alone or in
small groups, who say they will arrange for employment
abroad, then force the victims to work in the sex industry.
Victims may give prior consent to working in the sex
industry but are not being told the circumstances under
which they will work. Prostitution rings run by local
organized crime groups throughout the country are also
potential perpetrators. We do not have any credible
evidence of government officials' involvement in
trafficking.


G. The Special Anti-TIP Police Unit (SPATS) within the MIA
is responsible for investigating TIP cases, in conjunction
with local police units and other relevant law enforcement
personnel. When the GOAJ becomes aware of trafficking
activity, it investigates the activity. However, the GOAJ
needs to increase its capacity to conduct proactive TIP
investigations. We are hopeful that with the vetting of a
new SPATS according to international standards (expected to
be completed later this spring),the USG and other
international partners will be able to provide training and
expertise to the unit. This will serve both to increase the
unit's capacity to investigate sensitive TIP crimes and to
work more closely with its international counterparts.

The GOAJ does not share the specific investigative
techniques it uses for such investigations, but Azerbaijani
police do use active investigation techniques, such as
surveillance and undercover operations, and are not
prohibited from engaging in covert operations.


H. The GOAJ has incorporated TIP-specific training into its
regular courses for police units and prosecutors throughout
the country. The GOAJ provides and briefs its officers and
prosecutors on the NAP and relevant legislation, but
currently lacks the capacity to conduct appropriate
trainings that would be unique to TIP. During the year
prosecutors and officers participated in trainings, both
internationally and domestically, that included trafficking
components. As stated above, however, we remain hopeful
that with the completion of a vetting process for the SPATS,
the USG and other international organizations will be in a
better position to enhance the GOAJ's TIP training capacity
in the areas of investigative techniques, victims' rights
and interviewing skills development.


I. The GOAJ reported that during 2005, it cooperated with
the United States, Pakistan, Turkey, and the United Arab
Emirates to investigate trafficking cases. The GOAJ did not
provide the number of international investigations that took
place during the year. However, the GOAJ reported that its
anti-TIP personnel established ties through joint trainings
and/or seminars with the Russian Federation, Turkey,

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Austria, Germany, Italy, and Moldova during the year. The
GOAJ also works with CIS-member states through the CIS
Executive Secretariat to link anti-TIP efforts throughout
the territory of the former Soviet Union. In addition,
during the year the GOAJ signed a protocol with Kazakhstan
to improve border security.


J. The GOAJ did not extradite traffickers to foreign
countries during the year, nor were any Azerbaijani
nationals extradited to foreign countries for prosecution in
TIP crimes. The GOAJ has signed bilateral extradition
treaties with Russia, Bulgaria, Kyrgyzstan, Uzbekistan,
Iran, Ukraine, and Lithuania.


K. There is no evidence of GOAJ involvement in or tolerance
of trafficking on a local or institutional level. However,
we suspect that low-level civil servants, local law-
enforcement officers, and border guards may accept bribes in
exchange for turning a blind eye to migrant smuggling and
possible trafficking activities. High-ranking government
officials are rumored to own some of the saunas and
restaurants in Baku and in the regions where prostitutes
work, but we have no evidence of the officials' investment
or direct involvement in these businesses, nor do we know
whether prostitutes working in those establishments are in
fact trafficking victims. No government officials have been
prosecuted for trafficking or trafficking-related
corruption.


M. There is no evidence of child sex tourism in Azerbaijan.


N. The GOAJ has signed and ratified ILO conventions 29 (May
19, 1992) and 105 (August 9, 2000) on forced or compulsory
labor and Convention 182 (March 30, 2004) on the worst forms
of child labor.

Azerbaijan has joined the European Charter Article on
Protecting Child and Youth Rights. In August 2003, the
Government ratified the Optional Protocol to the Convention
on the Rights of the Child on the Sale of Children, Child
Prostitution, and Child Pornography.

In May 2003 the GOAJ ratified the Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, Especially
Women and Children, supplementing the UN Convention against
the Transnational Organized Crime (the Palermo Protocol).

PROTECTION AND ASSISTANCE TO VICTIMS
--------------


A. The GOAJ is working to complete renovation of a permanent
shelter for TIP victims. This secure accommodation and
accompanying assistance centers, when completed, will
provide access to legal, medical, and psychological services
for TIP victims. Families of underage TIP victims can also
be housed in the shelter once complete. The GOAJ has made
significant efforts in the past several months to renovate
the building, which is expected to open later this spring.
In the interim, the GOAJ refers victims to international
NGOs, local NGOs, and state medical facilities for treatment
and counseling. The GOAJ reported that all 231 victims
identified in 2005 received medical treatment.

The Law on Trafficking passed in 2005 provides for relief
from deportation for victims for up to one year. If a
victim cooperates in the investigation, the victim is
entitled to stay until the court case is completed. A
victim can also apply to the relevant government authorities
for immigrant status.


B. The GOAJ lacks the necessary resources and mechanisms to
provide financial support to domestic NGOs for services to
trafficking victims; domestic NGOs in all fields receive the
majority of their funding from international sources.


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C. While there is no formal victim screening and referral
system in place, the GOAJ works with local and international
NGOs as well as state healthcare institutions on an informal
basis to provide trafficking with short-term care. Once the
victims' shelter is open, a formal screening and referral
system will be put into place to transfer victims to that
facility.


D. Post has received no reports of trafficking victims being
detained, jailed, or deported. The GOAJ reported that
former victims of trafficking have been convicted for
involving others in prostitution, but we have no evidence
that victims of trafficking themselves have been prosecuted
for violations of the law because of their actions while
being trafficked.


E. Trafficking victims rarely file civil suits or seek legal
action against the traffickers, but there are no legal
restrictions on their ability to do so. There are no
restrictions on a witness' actions during a court case. One
element of the shelter for victims will be a standardized
process for obtaining testimony from victims and asking
permission to use their testimony in court. The new TIP law
permits a victim to gain employment elsewhere if he or she
is a witness in a case against a trafficker; it also permits
the victim to remain in the country if he or she wishes.
However, the infrastructure to implement this provision is
not yet in place. The new TIP law also provides for a
victim restitution program; however, there were no cases
during the year and as such, no claims or compensation have
yet been made.


F. The GOAJ is unable at this time to provide special
protection for victims and witnesses beyond providing short-
term protective custody. The MIA, and specifically vetted
officers of a specific division of the SPATS will provide
security for victims in the shelter, which will be run by a
coalition of NGOs. While there were reported child
trafficking victims during the year, we do not know what
assistance or care they received. We assume that the
children were either returned to their families or placed in
orphanages.


G. The NAP and the accompanying TIP legislation includes
training for NGO groups, police specialists, and other
government officials in how to recognize trafficking and
provide assistance to trafficked victims, including the
special needs of trafficked children. As stated above, we
remain hopeful that with the completion of a vetting process
for the SPATS, the USG and other international organizations
will be in a better position to enhance the GOAJ's TIP
training capacity.

Under the GOAJ's new TIP legislation, embassies and
consulates are instructed to provide quickly the necessary
documentation for victims abroad to return to Azerbaijan. A
local NGO reported that two Azerbaijani victims in Turkey
received appropriate documents within two days to travel
back to Azerbaijan. In addition, the Ministry of Foreign
Affairs reported that this spring it will begin training
consular officers on trafficking issues.


H. The GOAJ provides medical assistance to repatriated
victims through state medical clinics; however, at this time
there was no formal shelter to provide victims with
accommodation. The GOAJ worked with local and international
NGOs informally to provide repatriated victims with shelter
and counseling. While victims of trafficking are entitled
under the new TIP law to financial compensation, there were
no cases during the year.


I. IOM conducts substantive research on the trafficking
problem in Azerbaijan; however, personnel changes and other
intervening circumstances inhibited IOM's efforts during the
year to take a leading role on TIP issues. The USG, IOM,

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OSCE, and ABA-CEELI provide guidance and conduct anti-TIP
programs, including training NGO employees to work at the
TIP shelter and hotline. Several national domestic NGOs
also deal with the problem of trafficking, including Clean
World, the Women's Crisis Center, the Society for the
Defense of Women's Rights, the Center for Legal Assistance
to Migrants, Symmetry, the Forum of Azerbaijan NGOs on
Migration (FANGOM, a network of 35 NGOs),and the Azerbaijan
Children's Union. There are also several regional NGOs that
concentrate on trafficking programming. These NGOs serve
primarily as contact points for at-risk populations and
engage in some information campaigns about the dangers of
trafficking. Two of these organizations also informally
shelter local and foreign trafficking victims. The Center
for Legal Assistance to Migrants provides free legal
services to trafficking victims and works with other NGOs to
coordinate services. The Women's Crisis Center operates a
crisis hotline and provides legal, psychological, and
medical services free of charge. In 2005, 47 women who
contacted the center for assistance (or whose families
contacted the center) reported having been trafficked.
Under a grant awarded through the U.S. Embassy Democracy
Commission to support programs on trafficking, Clean World
together with several other NGOs and government officials
conducted a series of trainings throughout Azerbaijan for
broad audiences. Through this same project, Clean World
also produced a pamphlet for distribution that included
extensive information regarding advice when traveling
abroad, how to recognize potential traffickers, how to
verify employment offers (including contact numbers for
embassies and consulates),how to find assistance if you
have been or are being trafficked, and case studies.
Another project funded through the Democracy Commission was
a documentary film on child trafficking produced by
Internews Azerbaijan that aired on public TV, one national
TV station, and eight regional TV stations. Many NGO
representatives and professional journalists have written
about the trafficking problem in national newspapers and
magazines. The Government in general does not interfere in
these NGOs activities and at times facilitates civil society
efforts to combat trafficking.

END TEXT OF REPORT.


4. (U) Embassy Baku's point of contact for this report is
Political Officer Laura Scheibe (FS-04),who spent 33 hours
speaking with local non-governmental organizations,
international organizations, and GOAJ officials and
analyzing the data provided to prepare this report. Her
contact information is e-mail: ScheibeLK@state.gov; phone:
(99412) 498-0335 or TIE line 641-4210; fax: (99412) 465-

6671.

HARNISH