Identifier
Created
Classification
Origin
06BRATISLAVA160
2006-03-01 07:01:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Bratislava
Cable title:
SLOVAKIA ANNUAL REPORT ON TRAFFICKING IN PERSONS
VZCZCXRO6847 PP RUEHAG RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG DE RUEHSL #0160/01 0600701 ZNR UUUUU ZZH P 010701Z MAR 06 ZDK ALL CTG NUMEROUS FM AMEMBASSY BRATISLAVA TO RUEHC/SECSTATE WASHDC PRIORITY 9571 INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE RUEAWJA/DEPT OF JUSTICE WASHDC RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC RUEHC/DEPT OF LABOR WASHDC RUEATRS/DEPT OF TREASURY WASHDC RUEHKO/AMEMBASSY TOKYO 0045
UNCLAS SECTION 01 OF 10 BRATISLAVA 000160
SIPDIS
SENSITIVE
SIPDIS
STATE FOR EUR/NCE, G/TIP MHALL, EUR/PGI JBUCKNEBERG, G, INL,
DRL, PRM, AND IWI
E.O. 12958: N/A
TAGS: PGOV KCRM PHUM KWMN ELAB SMIG KFRD PREF ASEC
LO
SUBJECT: SLOVAKIA ANNUAL REPORT ON TRAFFICKING IN PERSONS
REF: (A) STATE 3836
(B) BRATISLAVA 0043
(C) 05 BRATISLAVA 0903
BRATISLAVA 00000160 001.7 OF 010
SENSITIVE BUT UNCLASSIFIED - PLEASE PROTECT ACCORDINGLY
UNCLAS SECTION 01 OF 10 BRATISLAVA 000160
SIPDIS
SENSITIVE
SIPDIS
STATE FOR EUR/NCE, G/TIP MHALL, EUR/PGI JBUCKNEBERG, G, INL,
DRL, PRM, AND IWI
E.O. 12958: N/A
TAGS: PGOV KCRM PHUM KWMN ELAB SMIG KFRD PREF ASEC
LO
SUBJECT: SLOVAKIA ANNUAL REPORT ON TRAFFICKING IN PERSONS
REF: (A) STATE 3836
(B) BRATISLAVA 0043
(C) 05 BRATISLAVA 0903
BRATISLAVA 00000160 001.7 OF 010
SENSITIVE BUT UNCLASSIFIED - PLEASE PROTECT ACCORDINGLY
1. (U) Embassy TIP Point of Contact:
Name: Richard "Trey" Lyons
Position: Political Officer
Phone: 00421 2 5922 3210
Fax: 00421 2 5922 3109
E-mail: LyonsRN@state.gov
2. (SBU) OVERVIEW OF ANTI-TRAFFICKING ACTIVITIES
-------------- ---
A. A COUNTRY OF ORIGIN AND TRANSIT
Slovakia is considered a transit country for trafficking in
persons and, to a more limited degree, a source country.
The International Office for Migration (IOM) states that due
to the small number of known victims who are third country
nationals or those trafficked only within Slovak borders,
the country cannot be classified as a destination country,
though IOM and the government both admit that some women may
be forced to work briefly in Slovakia while in transit to
their final destinations in western Europe. The Ministry of
Interior (MOI) maintains official statistics regarding
investigations; the General Prosecutor's office maintains
statistics regarding investigations, prosecutions, and
convictions.
During the reporting period, NGOs dealt with 24 repatriated
victims of trafficking; Slovakia also showed an increase in
the numbers of investigations of suspected traffickers, and
the number of those charged. Based on the fact that NGOs
and authorities deal only with those who identify themselves
to the police and the underreported nature of the crime, the
IOM estimates between 100 to 200 individuals are trafficked
per year. IOM has conducted two extensive studies on the
trafficking problem in Slovakia and considers its estimates
reliable. One Slovak NGO near the Czech border worked with
12 returned victims, the majority of which were Roma.
Shelters concede that their workers are only in contact with
a fraction of the victims of trafficking. Most trafficking
cases involve young women from regions in Slovakia with high
unemployment. Experts allege Roma women and individuals
raised in state orphanages, due to their low socio-economic
status and less freedom of mobility, are more vulnerable to
being trafficked by organized criminal gangs or
acquaintances.
B. SLOVAKIA PICKS UP MOMENTUM AGAINST TIP
In April 2005, the Slovak Republic created a national
coordinating expert working group on trafficking in persons,
including members from the Ministries of Interior, Foreign
Affairs, Justice, Labor and Social Affairs, Finance,
Education, as well as the police Anti-Trafficking Unit, IOM,
an NGO, the Plenipotentiary for Roma Affairs, and the Office
of the Government (Prime Minister and Deputy Prime
Minister). The group met monthly until the former Minister
of the Interior nominated a National Coordinator for the
Fight Against Trafficking in Persons on October 1; the
National Coordinator in turn asked the working group to
continue to meet monthly. There are currently no plans to
discontinue the working group.
The National Coordinator drafted a National Action Plan in
December in cooperation with the expert working group, and
the Slovak cabinet approved the Action Plan on January 11.
The Action Plan provides for an increased network of victims
support services, increased awareness and education
campaigns for high school aged students and police officers,
and the creation of formal victim assistance and referral
protocols both within Slovakia as well as for Slovak victims
identified abroad (refs B, C).
According to the General Prosecutor's office and IOM, most
of the victims trafficked through Slovakia likely continue
BRATISLAVA 00000160 002.6 OF 010
to come from the former Soviet Republics (especially Moldova
and Ukraine),the Former Yugoslavia, and other Balkan
nations, and are trafficked to the Czech Republic, Germany,
Switzerland, and France, and to a lesser extent to Italy,
Austria, the Netherlands, and Japan. Other victims come
from economically depressed regions of Slovakia, including
the Roma minority population.
Victims who have been returned to Slovakia are usually
young, female, and Romani; many report being trafficked
after accepting offers from relatives to arrange for work
abroad. Some willingly enter into prostitution only to
become trafficked at a later date. A male victim also
contacted the authorities to report that an employment
agency forced him to perform in pornographic films after
taking him to Japan; he contacted the authorities only after
he became aware of their continued recruitment in Slovakia.
There has been little change in the extent of the
trafficking problem in Slovakia. Reports from partner
organizations of Slovak NGOs in the Czech Republic and
elsewhere do not show wide fluctuations in their numbers of
Slovak clients. Recent in-depth studies of the Roma
community in Slovakia and the Czech Republic have brought
more attention to the acute vulnerability of Roma women to
traffickers, but did not specify whether this was a rising
trend.
C. GOVERNMENT LIMITATIONS
While there is now ample political will to pursue the fight
against trafficking in persons among the Slovak government,
the institutionalization of the new National Coordinator
position and - more importantly - his budget has not yet
been made permanent, as the position and its budget were
implemented after approval of the government's 2006 budget.
The National Coordinator was given a budget of SKK 1.9
million (around USD 60,000) with which to implement an
increased network of victim services and awareness campaigns
for the first year; this money came from general funds of
the Ministry of the Interior. The Ministry of Finance
placed a "freeze" on the hiring of any new police positions,
but the National Coordinator has moved forward with plans
for additional training of current officers in TIP victim
identification, and has requested the reassignment of others
to anti-TIP portfolios.
The government faces severe financial constraints in other
areas as well, which inhibits the ability of certain
institutions to work most effectively. For example, the
Police Anti-Trafficking Unit lacks funds for language
training that would facilitate improved international
cooperation. No dedicated shelters exist yet in Slovakia,
though NGOs are working with several municipalities to
create specialized shelter facilities. Domestic violence
activists frequently complain about the lack of facilities
for abused women, some of whom are trafficking victims.
D. GOVERNMENT SELF-MONITORING
The MOI provides internal assessments and baseline
information regarding the nature of trafficking in Slovakia.
IOM Bratislava conducted the most complete research based on
focus groups, press monitoring, interviews, and available
official statistics from embassies. A La Strada study has
reported Slovak Roma women trafficked to Prague or Czech
border towns near Germany, and anecdotal evidence from
returned victims suggests this information is still valid.
Traffickers, who are often known by their Roma victims,
frequently recruit women through employment schemes. Some
Roma women enter into prostitution willingly, fleeing the
conditions of an abusive home or poor living conditions in a
Roma settlement (or shantytown),and become victims of
trafficking in the destination country. The Slovak NGO
People in Peril and the Slovak Alliance of Women are
currently working on comparable studies focusing on the
point of origin. IOM hopes to undertake a study of the
demand side of the trafficking equation in Slovakia, and has
received EU funding for this endeavor; it expects the
government will also financially back the study.
BRATISLAVA 00000160 003.6 OF 010
3. (SBU) PREVENTION ACTIVITIES
--------------
A. ACKNOWLEDGEMENT OF THE PROBLEM
The Slovak government and officials acknowledge trafficking
in persons as a problem. In April, the Government created a
national coordinating expert working group to address the
issue (see para 2.A above). In October, a National
Coordinator was appointed. Together, the working group and
National Coordinator drafted a National Action Plan which
was submitted and approved by the Government in January.
Government interlocutors are responsive and motivated to the
issue and have continued to impress Emboffs with their
efforts, plans, and dedication to addressing this problem.
B. GOVERNMENT AGENCIES
The MOI is the ministry most actively involved in combating
trafficking, gathering information, investigating cases,
protecting witnesses, and cooperating with the NGO sector;
it is also the Ministry to which the National Coordinator
reports. The Police Unit to Combat Trafficking in Persons,
created within the Bureau of Organized Crime in 2002,
coordinates most activity regarding trafficking both within
Slovakia and with INTERPOL; members of the unit have
traveled overseas to participate in seminars and training.
The unit documents and investigates crimes, monitors known
places of prostitution, investigates suspicious travel or
employment schemes, and contributes to public awareness by
giving-presentations at conferences and conducting training.
The Border and Alien police are responsible for monitoring
border crossings for evidence of trafficking, with the
customs directorate, and with the MFA also playing a role.
The Equal Opportunity Office at the Ministry of Social
Affairs and Labor (MOL) supports NGO activity through
grants, manages the implementation of international
protocols regarding worker's rights, and passed in June a
National Action Plan for the Reduction of Violence Against
Women which dovetails with the National Action Plan to
Combat Trafficking in Persons. The MOJ is responsible for
strengthening safeguards for victim protection. The General
Prosecutor is responsible for the prosecution of
traffickers, and reported increases in both the number of
investigations and the number of charges filed during the
last reporting period.
C. ANTI-TRAFFICKING CAMPAIGNS
Government officials and agencies cooperated with NGOs on
anti-trafficking information and education campaigns, mostly
targeting potential trafficking victims; IOM also trained
Slovak military personnel assigned abroad - particularly on
peacekeeping missions - to identify and report potential
trafficking victims they may encounter. The Ministry of
Education continues to assist in the organization of
discussion groups in a number of schools and to distribute
handbooks about working abroad legally associated with this
project. The MOL has provided small grants to local
projects seeking to raise TIP awareness. NGOs are using
government and EU support to implement creative awareness
campaigns including films and theatre performances. In
addition, Slovak NGO Dafne partnered with several government
institutions, such as the Dolny Kubin District Labor Office,
to apply for EU grants and projects.
D. OTHER PROGRAMS
NATIONAL ACTION PLANS
The government passed a National Action Plan for the fight
against trafficking in persons on January 11, 2006; the plan
calls for the establishment of an increased network of
victim support services (specifically regarding legal,
psychiatric, medical, and social assistance),the creation
of repatriation protocols for Slovak victims identified
abroad, and increased media and youth outreach campaigns.
In addition, the action plan finances the modernization and
improvement of an anonymous police tip line for victims of
trafficking, which has been successful in identifying both
BRATISLAVA 00000160 004.6 OF 010
current and former victims who wish to help warn others of
their experiences.
In addition, the National Action Plan for Women elaborates
the governmental strategy for women for the next ten years
in the areas of health, education, and political rights.
The National Action Plan for the Reduction of Violence
Against Women, which includes trafficking in persons, was
also passed in June 2005. The MOL granted approximately
500,000 USD to small municipal projects and NGOs to support
facilities and services for women and children. The
government continues to invest in transforming large state
orphanages into small family based care, with a special
emphasis on strengthening the foster care system. UNHCR
reported that the government's migration office established
a shelter specifically for unaccompanied minors who enter
Slovakia illegally; while UNHCR feels that the shelter goes
a long way towards protecting minors from being preyed upon
by traffickers, it has concerns about the security and
management of the facility.
F. RELATIONSHIP BETWEEN GOVERNEMNT AND NGOS
Cooperation exists between the government, NGOs, foreign
embassies, and other international organizations focused on
trafficking through working groups and committees. Police
worked with NGOs to receive training on victim
identification and assistance, and are required by law to
inform victims about how and where to find local support
services. NGO leaders stated that police have begun to
contact them directly about certain cases and communication
continues to improve.
NGOs and IOM both report that the government's attitude
towards trafficking has improved significantly in the past
several years, and one NGO noted that anti-trafficking
organizations that can demonstrate results have no problem
finding government financial support.
G. MONITORING OF BORDERS
The MOI has continually strengthened border protection
mechanisms and improved cross-border cooperation,
particularly to gain eligibility for the Schengen Treaty in
2008. However, Slovakia continues to be a transit country
for illegal migrant smuggling to Western Europe. Police
continue to have success combating this crime, making
significant progress - specifically along the Ukrainian
border - in breaking up smuggling rings.
The asylum process continues to have problems managing the
flow of migrants. The United Nations High Commission for
Refugees (UNHCR) has criticized it in the past as
inefficient, but announced in February that the situation is
improving slightly. The number of asylum cases granted
increased from one to three percent over the past year, but
UNHCR still notes a "generosity gap" in asylum decisions.
UNHCR believes that the majority of smuggled or trafficked
persons "disappear" by terminating their asylum cases after
being registered at reception and refugee facilities, though
Slovakia has also made significant progress in deterring
illegal migration across its borders: in the past year, the
number of new asylum cases decreased by 69 percent, and the
number of asylum seekers who terminate the procedure
decreased 75 percent, from 11,782 people in 2004 to 2,923 in
2005. UNHCR believes that increased border security and
scrutiny, particularly along the Slovak/Ukrainian border,
has resulted in shifting smuggling routes.
NGOs monitoring asylum camps have hypothesized in the past
that some women, especially Ukrainian and Moldovan asylum-
applicants, may fall victim to traffickers for the purpose
of sexual exploitation along this route; however, no
research has been conducted in this area. The Alliance of
Women has commented in the past that NGOs should have more
access to women and unaccompanied minors throughout this
process. The MOL funded two organizations to create
facilities for unaccompanied minors, and the law has
recently been amended to allow other organizations, besides
solely the Migration Office, to serve as legal guardians for
BRATISLAVA 00000160 005.6 OF 010
this population.
NGOs and IOM also continue to conduct police training and
have cooperated with border police to identify potential
trafficking victims among migrant populations. This
cooperation with police has increased and is generally
positive, according to NGO reps.
H. INTER-GOVERNEMNTAL COORDINATION
In April the government convened an expert working group
comprised of various Ministry stakeholders, as well as
representatives from the police, IOM, and a victims' support
NGO. In addition, many agencies serve on IOM's steering
committee, the Committee for the Prevention of Criminality,
the MOJ Working Group for Victim Protection, and the
committee drafting the National Action Plan to Reduce
Violence Against Women. The GOS has had an anti-corruption
office in operation since 2001, and this year a special
prosecutor and a special court against corruption began
operations to deal particularly with high-level corruption
cases. The court has already handed down several
convictions, including a sitting Member of Parliament, the
mayor of Bratislava-Raca, the Mayor of Velky Meder, and a
doctor who was requiring bribes for medical services.
J. NATIONAL ACTION PLAN OF ACTION
The government's trafficking expert working group drafted a
National Action Plan for the Fight Against Trafficking in
Persons, and the National Coordinator submitted it to the
cabinet in January. It was approved by the government on
January 11, 2006. The Action Plan prioritizes the
additional steps to be taken by the government, placing
first priority on creating an increased victims support
network focusing on providing victims with legal,
psychiatric, medical, and social assistance. IOM is
assisting the government with the creation of this network,
and the Ministry of Foreign Affairs is helping create a
formal repatriation and referral plan for Slovak victims
identified abroad. IOM, NGOs, and government officials have
told us that they have been very pleased with the National
Action Plan submitted by the expert working group, and that
they are confident that its momentum will extend past the
first year. The National Coordinator believes that a more
institutionalized victims support network will also increase
the government's ability to prosecute traffickers, as more
victims will be willing to participate in investigations and
court procedures against their abusers.
4. (SBU) Investigation and Prosecution of Traffickers
-------------- --------------
A. LEGAL FRAMEWORK
Parliament recently amended and ratified relevant
trafficking legislation to conform to EU directives and UN
requirements. The UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention
against Transnational Organized Crime was signed November
2001 and ratified by Parliament on February 4, 2004;
approved by the president on June 14. Parliament also
recently passed a new law on victim assistance requiring
police to provide victims of any crime information on
organizations that can help them. Organizations for victims
of trafficking stated that this is helping foster closer
cooperation between law enforcement officers and active
NGOs.
Trafficking in Persons (previously trafficking in women) is
defined and criminalized through Section 246 in the Criminal
Code. Other related legislation includes: Section 216 a/b
on trafficking in children, Section 204 on Procurement
(Pimping),Section 215 on torture of a close person or
person in one's charge, Section 205 and 205a on endangering
morality. New amendments state explicitly the extra-
territorial nature of this crime and acknowledge that the
crime also entails fraudulent means, violence, threat, or
other forms of coercion to elicit agreement from a victim
older than 18 years person for a crime of trafficking.
BRATISLAVA 00000160 006.7 OF 010
These laws are being used in trafficking cases and
adequately cover the full scope of trafficking.
According to UNHCR, Slovakia is a signatory to all
international agreements relating to trafficking in persons
and most multilateral conventions on combating organized
crime. The country participates in all EU structures and
working groups in the field of justice and home affairs that
seek to monitor and control trafficking in persons.
B. PENALTIES FOR TRAFFICKING
The provision on trafficking (both for the purpose of sexual
and labor exploitation) states that any person, who entices,
enlists, transfers or receives another person to or from
abroad with the intention to engage such person in sexual
intercourse or exploitation is liable to a term of
imprisonment of three to ten years (prosecution under the
prior statute resulted in a sentence of only one to five
years). A three to ten year sentence is also applicable to
a person who exploits another person through forced labor,
involuntary servitude, slavery, or other similar forms of
exploitation. The penalty increases to a 5 to 12 year
prison term if a) the offence is committed as a member of an
organized group, b) the offense is committed against a
person under 18 years of age, c) the offense is committed
with the intention to use a person for prostitution, d) the
offender gains considerable profit, e) the offender commits
the offense against the will of another person. The penalty
increases to 8 to 15 years if the offender a) causes serious
bodily harm or death, b) gains extensive profit for himself
or another, or c) the offense is committed as a member of a
group operating in several countries. Lastly, a term of 12
to 15 years can be applied if the offence is committed by a
member of a criminal group and causes the death of several
persons.
C. PENALTIES FOR RAPE
The penalty for rape is on a par with that for trafficking.
The sentence for rape is 2 to 8 years' imprisonment and
could be increased to 5 to 12 years depending on the age of
the victim or whether violence was used. The sentence may
be further increased to 10 to 15 years if there is a
resulting death. In 2005, 200 rapes were investigated, and
charges were brought in 166. During 2005, the courts handed
down sentences in 70 rape cases.
D. PROSTITUTION
Prostitution is not explicitly forbidden in Slovakia, nor is
it regulated. The Criminal Code prohibits pimping
activities, including coercing or taking advantage of or
gaining from the prostitution of others. Sentences range
from 1 to 12 years depending on the age of the victim and
whether organized crime was involved. If the offense
involves children under the age of 15 or between 15 and 18,
the Criminal Code assigns two stricter penalties
accordingly. Local governments can prohibit the offer of
sexual services in public places and offenders can be fined.
E. PROSECUTION OF TRAFFICKERS
According to the General Prosecutor, the number of
trafficking investigations increased to 47, and the number
of charges filed increased to 30. 3 convictions were handed
down in 2005, with an additional international ring
sentenced in January to lengthy jail terms. This number has
been consistent for the past three years and raises the
total number of convictions since 1997 to 63. Early
releases and plea-bargaining are not a formal part of the
Slovak legal system; therefore the length of sentences are
standard for those convicted and the government confirms
that traffickers are serving the time in prison. A Czech
woman found guilty of participating in a trafficking ring
was sentenced to eight years in January, and has filed a
request for transfer to a Czech prison facility.
F. PERPETRATORS
According to the testimony of some victims and offenders,
BRATISLAVA 00000160 007.3 OF 010
trafficking in Slovakia is a highly organized criminal
activity either in small crime groups or larger
international syndicates. Due to the transborder aspect of
the local trafficking problem, most groups appear to be
organized with international participation. Organized
trafficking groups can consist of Germans, Czechs, Russians,
Ukrainians, Albanians, Italians, Macedonians, Poles, or
Slovenes. Among Roma, trafficking tends to be perpetrated
from within the community. Male and female Slovak
traffickers usually have prior knowledge and direct
experience in the sex industry in Western Europe. They
typically utilize employment or hostess agency schemes, but
also rely on personal connections with women. In the 2004
Nitra case, famous photographers, businessman, and makeover
consultants stand accused as collaborating with a Slovak
hostess agency that reportedly solicited 230 women, in some
instances using coercion, in both the Slovak and Czech
Republics. There have been no convictions of any
governmental officials in crimes related to trafficking in
persons. There were no reports about where profits from
trafficking were channeled.
G. INVESTIGATION OF CASES
The government actively investigates cases of trafficking.
After the creation of the specialized anti-trafficking unit
at Police Headquarters, the country participated in numerous
international investigations and had several successful
arrests. The Police utilize techniques such as inspections
of suspected places of prostitution, and monitor internet
sites actively. Police established a central anonymous
information hotline for tips about traffickers or victims
which has been used by both male and female victims.
Slovakia has been awaiting the second phase of a UN project
which will improve available equipment and training.
H. TRAINING
To date, the American Bar Association's Central European and
Eurasian Initiative (ABA/CEELI),IOM, and other NGOs
collaborated with MOI officials to provide inter-
disciplinary training concerning the treatment of victims,
trafficking indicators, and investigative techniques.
Trafficking in persons is also discussed in educational
modules at the police academy concerning victim protection
and human rights. The director of Victim Support Slovakia,
stated that district police are learning more about working
with victims of trafficking as a result of the new law
requiring police to give detailed information about service
providers to victims. She stated that police are more apt
to consult with her organization on specific cases about how
to work with victims. More training is necessary for
border police, customs officials, and staff and social
workers at the refugee camps and asylum reception
facilities.
I. INTER-GOVERNMENTAL COOPERATION
The GOS cooperated with a number of foreign governments in
the investigation and prosecution of trafficking cases.
They have cooperated specifically with the Federal Criminal
Bureau of Germany, the Austrian Criminal Service, the police
force of the Czech Republic, and the criminal service of the
Hungarian police. Most international cooperation occurs in
the framework of Interpol and Europol, which Slovakia joined
in 2003. The specialized trafficking unit notes that the
lack of English language ability among Slovak police
sometimes limits investigations. No specific number of
international investigations is available.
J. EXTRADITION
Based on the Law on Criminal Court Procedures of 2002,
Slovakia can extradite persons for any crime with a
corresponding sentence longer than one year, except a crime
political in nature. Slovak citizens can only be extradited
when governed by a treaty signed by Slovakia. The UN
Convention against Transnational Organized Crime allows for
Slovakia to extradite traffickers. In February, the
government signed a new bilateral extradition agreement with
the U.S. allowing for the extradition of non-Slovaks to the
BRATISLAVA 00000160 008.3 OF 010
United States.
K. GOVERNMENT INVOLVEMENT IN TRAFFICKING
There is no evidence of governmental involvement in or
tolerance of trafficking. Despite governmental efforts to
combat petty corruption on the borders and among police, the
problem still exists. However, the criminal activities of
these individuals do not reflect institutional acceptance on
a local or national level. In general, women involved in
"sex business" in any way are viewed negatively by society
and are quickly classified as a criminal element.
L. GOVERNMENT STEPS TO END INVOLVEMENT IN TRAFFICKING
According to Police sources, there were no convictions of
police involved in trafficking.
M. CHILD SEX TOURISM
Slovakia is not identified as a destination for child sex
tourism. According to news reports and recent research,
Slovak victims under the age of 18 have been sighted on the
Czech-German border that has been known to attract
pedophiles. The trafficking in children law, like the
trafficking in persons, reflects extraterritoriality.
N. INTERNATIONAL INSTRUMENTS
-- ILO Convention 182 concerning the elimination of the
worst forms of child labor: Ratified December 20, 1999
-- ILO Convention 29 Abolition of Forced Labor: Ratified
January 1, 1993
-- ILO Convention 105 Abolition of Forced Compulsory Labor:
Ratified September 29, 1997
-- Optional protocol to the UN Convention of the Rights of
the Child (CRC) regarding the sexual exploitation of
children and the sale of children: Ratified February 4, 2004
-- The Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children, supplementing the
UN Convention Against Transnational Organized Crime:
Ratified in February 2004
5. (SBU) Protection and Assistance to Victims
--------------
A. VICTIM ASSISTANCE
The Slovak authorities are required to postpone deportation
of any third-country national who seeks to enter a witness
protection program or who claims asylum, thus providing
temporary residency status. However, access to legal,
medical, and psychological services for victims was lacking
at the beginning of 2005; it was since identified as a
priority area for government attention and is the
cornerstone of Slovakia's National Action Plan. The country
cooperates with local NGOs, such as Victim's Support
Slovakia, Dafne, the Alliance for Slovak Women, and IOM, in
order to locate temporary shelter and health services.
Dafne and Urobme received start-up funds from the GOS to
establish asylum facilities, but have not been able to raise
additional funds or secure proper locations, though progress
has been made in identifying potential options.
B. FUNDING FOR NGOS
The GOS provides money for Victims Support Slovakia to
support counseling services, and its employees have all
received special training for working with victims of
trafficking. The MOI occasionally provides funds to Dafne
to assist returned victims to Slovakia. The Ministry of
Labor also administers grants to NGOs via the EU PHARE
program, and NGO representatives have been pleased with the
funding they have received in recent years. IOM, however,
was unable to secure a government grant for a program that
would have provided for a study and the training of all Roma
community social workers in trafficking prevention. The
government continues to contribute to IOM expenses by
providing basic materials and a portion of rent.
In 2005, the Ministry of Labor and Social Affairs received
BRATISLAVA 00000160 009.3 OF 010
NGO grant requests totaling SKK 1,080,340 (around USD
34,000) for TIP programs; it awarded SKK 620,000 (around USD
19,800).
C. TRANSFER OF VICTIMS
Police refer identified victims to NGOs, based on a law
requiring authorities to provide information about
organizations offering support services to potential
victims. The Anti-Trafficking Unit screens and refers
victims who are actively participating in the investigation
process or witness protection. IOM and UNHCR also
distribute multilingual information to migrant communities
at risk for trafficking.
D. RIGHTS OF VICTIMS
When an individual is identified as a trafficking victim,
the victim's rights are respected and he/she does not face
fines or jail sentences. However, it has been reported that
unidentified victims have been treated as illegal migrants
or prostitutes and have been detained or deported. The
Alliance of Slovak Women stated that access to detained
women or other potential victims in order to determine
whether the individual could be the victim of a crime is
minimal.
E. LEGAL ACTION AGAINST TRAFFICKERS
In the past, trafficking arrests are mostly due to victim
complaints and follow-up cooperation, which the government
strongly encourages; in 2005, the government has
demonstrated an increase in investigations and prosecutions.
By law, victims may file civil suits or seek legal action
against traffickers. According to the IOM and UNHCR,
victims are reluctant to do so because of lengthy trials and
the perceived lack of psychological, financial, and legal
assistance, though the National Coordinator believes an
increased support network will help this perception. The
MOJ states there are provisions for the compensation of
victims, but many have difficulty finding legal
representation without adequate resources. The MOJ is now
currently implementing new EU directives that make the state
more liable for victim compensation. The new law will also
allow EU citizens of other countries to seek redress in
Slovakia.
F. PROTECTION FOR VICTIMS AND WITNESSES
The government provides witness protection for victims,
based upon a decision by an inter-ministerial committee.
Other witness protection measures include recorded testimony
or testimony through video connection, which is now
mandatory for minors. Another new law explicitly states
that the victim and perpetrator must be kept separate during
the judicial procedure, thus requiring video testimony for
most current trafficking cases. According to Victims
Support Slovakia, this will also reduce the number of times
a victim must give a statement to investigators and
prosecutors, making the process for victims easier.
G. TRAINING FOR ASSISTANCE TO TRAFFICKED INDIVIDUALS
The GOS has cooperated with NGOs to provide training in
recognizing trafficking victims, and it is included in the
curriculum at the Police Academy. The MOL recently gave two
grants to organizations to provide specialized services for
unaccompanied minors, which will further encourage more
attention to the specialized needs of children. Slovak
Embassies and consulates abroad are able to provide help to
victims of trafficking including providing travel documents,
assistance with money transfers, contacting relatives,
arranging services, and travel home, and the Ministry of
Foreign Affairs is currently coordinating a referral system
in which repatriated victims will enter into the victims
services network. In some foreign missions, it is
permissible to allow temporary accommodation and boarding.
Slovak embassies abroad and NGOs cooperate according to the
needs exhibited in the host country.
H. GOVERNMENT ASSISTANCE
BRATISLAVA 00000160 010.3 OF 010
According to IOM, the present situation in Slovakia has
improved drastically since 2004. The focus on increased
victims support - including legal, psychological, medical,
and social assistance - by the competent government
Ministries, the National Coordinator, and the expert working
group, will hopefully provide increased capacity and
encourage returning victims to seek assistance. Some
trafficking NGO representatives are quite pleased with the
focus on victims assistance, and encouraged by the
government response to their initiatives and requests.
I. NGO ASSISTANCE
The Slovak Alliance of Women announced that in 2005 they
will help establish Slovakia's first NGO focused solely on
trafficking, but the relationship between the two is still
"like a daughter to a mother" at this stage. IOM is the
only organization to have conducted research in this area
and which has the capacity to launch nation-wide projects.
The focus of their programming in 2005 was on education,
particularly operating school discussion groups. Dafne, an
organization based in Northern Slovakia, has conducted
regional informational campaigns and helped repatriate
victims, and has hopes to soon establish the country's first
dedicated shelter for trafficking victims. Through contacts
all over Europe, Dafne assisted women transiting to and
through Slovakia. The Alliance for Women and Victims
Support Slovakia provides a help-line for victims of
violence and helps broker services for their clients.
6. (SBU) Anti-TIP Hero
--------------
Post nominates Slovakia's first National Coordinator for the
Fight Against Trafficking in Persons, Pavol Draxler, for
recognition as an Anti-Trafficking "Hero." Draxler, who
assumed the position October 1, was responsible for the
drafting, editing, coordination, and approval of Slovakia's
National Action Plan, and has impressed even non-
governmental members of the expert working group with his
ability to create "models of assistance" that draw upon the
regional expertise of small Slovak NGOs to provide victim
assistance and to realized the importance of securing ample
and ongoing government assistance. Draxler has breathed new
life into trafficking cases which appeared to have become
stagnate, urging prosecutors to forward their cases to
court. He also has proved an invaluable contact for post on
trafficking and other human rights issues, often finding
answers to specific questions about abuses and allegations.
A former NGO representative himself, he brings a dynamic and
results-oriented approach to the problem of trafficking.
VALLEE
SIPDIS
SENSITIVE
SIPDIS
STATE FOR EUR/NCE, G/TIP MHALL, EUR/PGI JBUCKNEBERG, G, INL,
DRL, PRM, AND IWI
E.O. 12958: N/A
TAGS: PGOV KCRM PHUM KWMN ELAB SMIG KFRD PREF ASEC
LO
SUBJECT: SLOVAKIA ANNUAL REPORT ON TRAFFICKING IN PERSONS
REF: (A) STATE 3836
(B) BRATISLAVA 0043
(C) 05 BRATISLAVA 0903
BRATISLAVA 00000160 001.7 OF 010
SENSITIVE BUT UNCLASSIFIED - PLEASE PROTECT ACCORDINGLY
1. (U) Embassy TIP Point of Contact:
Name: Richard "Trey" Lyons
Position: Political Officer
Phone: 00421 2 5922 3210
Fax: 00421 2 5922 3109
E-mail: LyonsRN@state.gov
2. (SBU) OVERVIEW OF ANTI-TRAFFICKING ACTIVITIES
-------------- ---
A. A COUNTRY OF ORIGIN AND TRANSIT
Slovakia is considered a transit country for trafficking in
persons and, to a more limited degree, a source country.
The International Office for Migration (IOM) states that due
to the small number of known victims who are third country
nationals or those trafficked only within Slovak borders,
the country cannot be classified as a destination country,
though IOM and the government both admit that some women may
be forced to work briefly in Slovakia while in transit to
their final destinations in western Europe. The Ministry of
Interior (MOI) maintains official statistics regarding
investigations; the General Prosecutor's office maintains
statistics regarding investigations, prosecutions, and
convictions.
During the reporting period, NGOs dealt with 24 repatriated
victims of trafficking; Slovakia also showed an increase in
the numbers of investigations of suspected traffickers, and
the number of those charged. Based on the fact that NGOs
and authorities deal only with those who identify themselves
to the police and the underreported nature of the crime, the
IOM estimates between 100 to 200 individuals are trafficked
per year. IOM has conducted two extensive studies on the
trafficking problem in Slovakia and considers its estimates
reliable. One Slovak NGO near the Czech border worked with
12 returned victims, the majority of which were Roma.
Shelters concede that their workers are only in contact with
a fraction of the victims of trafficking. Most trafficking
cases involve young women from regions in Slovakia with high
unemployment. Experts allege Roma women and individuals
raised in state orphanages, due to their low socio-economic
status and less freedom of mobility, are more vulnerable to
being trafficked by organized criminal gangs or
acquaintances.
B. SLOVAKIA PICKS UP MOMENTUM AGAINST TIP
In April 2005, the Slovak Republic created a national
coordinating expert working group on trafficking in persons,
including members from the Ministries of Interior, Foreign
Affairs, Justice, Labor and Social Affairs, Finance,
Education, as well as the police Anti-Trafficking Unit, IOM,
an NGO, the Plenipotentiary for Roma Affairs, and the Office
of the Government (Prime Minister and Deputy Prime
Minister). The group met monthly until the former Minister
of the Interior nominated a National Coordinator for the
Fight Against Trafficking in Persons on October 1; the
National Coordinator in turn asked the working group to
continue to meet monthly. There are currently no plans to
discontinue the working group.
The National Coordinator drafted a National Action Plan in
December in cooperation with the expert working group, and
the Slovak cabinet approved the Action Plan on January 11.
The Action Plan provides for an increased network of victims
support services, increased awareness and education
campaigns for high school aged students and police officers,
and the creation of formal victim assistance and referral
protocols both within Slovakia as well as for Slovak victims
identified abroad (refs B, C).
According to the General Prosecutor's office and IOM, most
of the victims trafficked through Slovakia likely continue
BRATISLAVA 00000160 002.6 OF 010
to come from the former Soviet Republics (especially Moldova
and Ukraine),the Former Yugoslavia, and other Balkan
nations, and are trafficked to the Czech Republic, Germany,
Switzerland, and France, and to a lesser extent to Italy,
Austria, the Netherlands, and Japan. Other victims come
from economically depressed regions of Slovakia, including
the Roma minority population.
Victims who have been returned to Slovakia are usually
young, female, and Romani; many report being trafficked
after accepting offers from relatives to arrange for work
abroad. Some willingly enter into prostitution only to
become trafficked at a later date. A male victim also
contacted the authorities to report that an employment
agency forced him to perform in pornographic films after
taking him to Japan; he contacted the authorities only after
he became aware of their continued recruitment in Slovakia.
There has been little change in the extent of the
trafficking problem in Slovakia. Reports from partner
organizations of Slovak NGOs in the Czech Republic and
elsewhere do not show wide fluctuations in their numbers of
Slovak clients. Recent in-depth studies of the Roma
community in Slovakia and the Czech Republic have brought
more attention to the acute vulnerability of Roma women to
traffickers, but did not specify whether this was a rising
trend.
C. GOVERNMENT LIMITATIONS
While there is now ample political will to pursue the fight
against trafficking in persons among the Slovak government,
the institutionalization of the new National Coordinator
position and - more importantly - his budget has not yet
been made permanent, as the position and its budget were
implemented after approval of the government's 2006 budget.
The National Coordinator was given a budget of SKK 1.9
million (around USD 60,000) with which to implement an
increased network of victim services and awareness campaigns
for the first year; this money came from general funds of
the Ministry of the Interior. The Ministry of Finance
placed a "freeze" on the hiring of any new police positions,
but the National Coordinator has moved forward with plans
for additional training of current officers in TIP victim
identification, and has requested the reassignment of others
to anti-TIP portfolios.
The government faces severe financial constraints in other
areas as well, which inhibits the ability of certain
institutions to work most effectively. For example, the
Police Anti-Trafficking Unit lacks funds for language
training that would facilitate improved international
cooperation. No dedicated shelters exist yet in Slovakia,
though NGOs are working with several municipalities to
create specialized shelter facilities. Domestic violence
activists frequently complain about the lack of facilities
for abused women, some of whom are trafficking victims.
D. GOVERNMENT SELF-MONITORING
The MOI provides internal assessments and baseline
information regarding the nature of trafficking in Slovakia.
IOM Bratislava conducted the most complete research based on
focus groups, press monitoring, interviews, and available
official statistics from embassies. A La Strada study has
reported Slovak Roma women trafficked to Prague or Czech
border towns near Germany, and anecdotal evidence from
returned victims suggests this information is still valid.
Traffickers, who are often known by their Roma victims,
frequently recruit women through employment schemes. Some
Roma women enter into prostitution willingly, fleeing the
conditions of an abusive home or poor living conditions in a
Roma settlement (or shantytown),and become victims of
trafficking in the destination country. The Slovak NGO
People in Peril and the Slovak Alliance of Women are
currently working on comparable studies focusing on the
point of origin. IOM hopes to undertake a study of the
demand side of the trafficking equation in Slovakia, and has
received EU funding for this endeavor; it expects the
government will also financially back the study.
BRATISLAVA 00000160 003.6 OF 010
3. (SBU) PREVENTION ACTIVITIES
--------------
A. ACKNOWLEDGEMENT OF THE PROBLEM
The Slovak government and officials acknowledge trafficking
in persons as a problem. In April, the Government created a
national coordinating expert working group to address the
issue (see para 2.A above). In October, a National
Coordinator was appointed. Together, the working group and
National Coordinator drafted a National Action Plan which
was submitted and approved by the Government in January.
Government interlocutors are responsive and motivated to the
issue and have continued to impress Emboffs with their
efforts, plans, and dedication to addressing this problem.
B. GOVERNMENT AGENCIES
The MOI is the ministry most actively involved in combating
trafficking, gathering information, investigating cases,
protecting witnesses, and cooperating with the NGO sector;
it is also the Ministry to which the National Coordinator
reports. The Police Unit to Combat Trafficking in Persons,
created within the Bureau of Organized Crime in 2002,
coordinates most activity regarding trafficking both within
Slovakia and with INTERPOL; members of the unit have
traveled overseas to participate in seminars and training.
The unit documents and investigates crimes, monitors known
places of prostitution, investigates suspicious travel or
employment schemes, and contributes to public awareness by
giving-presentations at conferences and conducting training.
The Border and Alien police are responsible for monitoring
border crossings for evidence of trafficking, with the
customs directorate, and with the MFA also playing a role.
The Equal Opportunity Office at the Ministry of Social
Affairs and Labor (MOL) supports NGO activity through
grants, manages the implementation of international
protocols regarding worker's rights, and passed in June a
National Action Plan for the Reduction of Violence Against
Women which dovetails with the National Action Plan to
Combat Trafficking in Persons. The MOJ is responsible for
strengthening safeguards for victim protection. The General
Prosecutor is responsible for the prosecution of
traffickers, and reported increases in both the number of
investigations and the number of charges filed during the
last reporting period.
C. ANTI-TRAFFICKING CAMPAIGNS
Government officials and agencies cooperated with NGOs on
anti-trafficking information and education campaigns, mostly
targeting potential trafficking victims; IOM also trained
Slovak military personnel assigned abroad - particularly on
peacekeeping missions - to identify and report potential
trafficking victims they may encounter. The Ministry of
Education continues to assist in the organization of
discussion groups in a number of schools and to distribute
handbooks about working abroad legally associated with this
project. The MOL has provided small grants to local
projects seeking to raise TIP awareness. NGOs are using
government and EU support to implement creative awareness
campaigns including films and theatre performances. In
addition, Slovak NGO Dafne partnered with several government
institutions, such as the Dolny Kubin District Labor Office,
to apply for EU grants and projects.
D. OTHER PROGRAMS
NATIONAL ACTION PLANS
The government passed a National Action Plan for the fight
against trafficking in persons on January 11, 2006; the plan
calls for the establishment of an increased network of
victim support services (specifically regarding legal,
psychiatric, medical, and social assistance),the creation
of repatriation protocols for Slovak victims identified
abroad, and increased media and youth outreach campaigns.
In addition, the action plan finances the modernization and
improvement of an anonymous police tip line for victims of
trafficking, which has been successful in identifying both
BRATISLAVA 00000160 004.6 OF 010
current and former victims who wish to help warn others of
their experiences.
In addition, the National Action Plan for Women elaborates
the governmental strategy for women for the next ten years
in the areas of health, education, and political rights.
The National Action Plan for the Reduction of Violence
Against Women, which includes trafficking in persons, was
also passed in June 2005. The MOL granted approximately
500,000 USD to small municipal projects and NGOs to support
facilities and services for women and children. The
government continues to invest in transforming large state
orphanages into small family based care, with a special
emphasis on strengthening the foster care system. UNHCR
reported that the government's migration office established
a shelter specifically for unaccompanied minors who enter
Slovakia illegally; while UNHCR feels that the shelter goes
a long way towards protecting minors from being preyed upon
by traffickers, it has concerns about the security and
management of the facility.
F. RELATIONSHIP BETWEEN GOVERNEMNT AND NGOS
Cooperation exists between the government, NGOs, foreign
embassies, and other international organizations focused on
trafficking through working groups and committees. Police
worked with NGOs to receive training on victim
identification and assistance, and are required by law to
inform victims about how and where to find local support
services. NGO leaders stated that police have begun to
contact them directly about certain cases and communication
continues to improve.
NGOs and IOM both report that the government's attitude
towards trafficking has improved significantly in the past
several years, and one NGO noted that anti-trafficking
organizations that can demonstrate results have no problem
finding government financial support.
G. MONITORING OF BORDERS
The MOI has continually strengthened border protection
mechanisms and improved cross-border cooperation,
particularly to gain eligibility for the Schengen Treaty in
2008. However, Slovakia continues to be a transit country
for illegal migrant smuggling to Western Europe. Police
continue to have success combating this crime, making
significant progress - specifically along the Ukrainian
border - in breaking up smuggling rings.
The asylum process continues to have problems managing the
flow of migrants. The United Nations High Commission for
Refugees (UNHCR) has criticized it in the past as
inefficient, but announced in February that the situation is
improving slightly. The number of asylum cases granted
increased from one to three percent over the past year, but
UNHCR still notes a "generosity gap" in asylum decisions.
UNHCR believes that the majority of smuggled or trafficked
persons "disappear" by terminating their asylum cases after
being registered at reception and refugee facilities, though
Slovakia has also made significant progress in deterring
illegal migration across its borders: in the past year, the
number of new asylum cases decreased by 69 percent, and the
number of asylum seekers who terminate the procedure
decreased 75 percent, from 11,782 people in 2004 to 2,923 in
2005. UNHCR believes that increased border security and
scrutiny, particularly along the Slovak/Ukrainian border,
has resulted in shifting smuggling routes.
NGOs monitoring asylum camps have hypothesized in the past
that some women, especially Ukrainian and Moldovan asylum-
applicants, may fall victim to traffickers for the purpose
of sexual exploitation along this route; however, no
research has been conducted in this area. The Alliance of
Women has commented in the past that NGOs should have more
access to women and unaccompanied minors throughout this
process. The MOL funded two organizations to create
facilities for unaccompanied minors, and the law has
recently been amended to allow other organizations, besides
solely the Migration Office, to serve as legal guardians for
BRATISLAVA 00000160 005.6 OF 010
this population.
NGOs and IOM also continue to conduct police training and
have cooperated with border police to identify potential
trafficking victims among migrant populations. This
cooperation with police has increased and is generally
positive, according to NGO reps.
H. INTER-GOVERNEMNTAL COORDINATION
In April the government convened an expert working group
comprised of various Ministry stakeholders, as well as
representatives from the police, IOM, and a victims' support
NGO. In addition, many agencies serve on IOM's steering
committee, the Committee for the Prevention of Criminality,
the MOJ Working Group for Victim Protection, and the
committee drafting the National Action Plan to Reduce
Violence Against Women. The GOS has had an anti-corruption
office in operation since 2001, and this year a special
prosecutor and a special court against corruption began
operations to deal particularly with high-level corruption
cases. The court has already handed down several
convictions, including a sitting Member of Parliament, the
mayor of Bratislava-Raca, the Mayor of Velky Meder, and a
doctor who was requiring bribes for medical services.
J. NATIONAL ACTION PLAN OF ACTION
The government's trafficking expert working group drafted a
National Action Plan for the Fight Against Trafficking in
Persons, and the National Coordinator submitted it to the
cabinet in January. It was approved by the government on
January 11, 2006. The Action Plan prioritizes the
additional steps to be taken by the government, placing
first priority on creating an increased victims support
network focusing on providing victims with legal,
psychiatric, medical, and social assistance. IOM is
assisting the government with the creation of this network,
and the Ministry of Foreign Affairs is helping create a
formal repatriation and referral plan for Slovak victims
identified abroad. IOM, NGOs, and government officials have
told us that they have been very pleased with the National
Action Plan submitted by the expert working group, and that
they are confident that its momentum will extend past the
first year. The National Coordinator believes that a more
institutionalized victims support network will also increase
the government's ability to prosecute traffickers, as more
victims will be willing to participate in investigations and
court procedures against their abusers.
4. (SBU) Investigation and Prosecution of Traffickers
-------------- --------------
A. LEGAL FRAMEWORK
Parliament recently amended and ratified relevant
trafficking legislation to conform to EU directives and UN
requirements. The UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention
against Transnational Organized Crime was signed November
2001 and ratified by Parliament on February 4, 2004;
approved by the president on June 14. Parliament also
recently passed a new law on victim assistance requiring
police to provide victims of any crime information on
organizations that can help them. Organizations for victims
of trafficking stated that this is helping foster closer
cooperation between law enforcement officers and active
NGOs.
Trafficking in Persons (previously trafficking in women) is
defined and criminalized through Section 246 in the Criminal
Code. Other related legislation includes: Section 216 a/b
on trafficking in children, Section 204 on Procurement
(Pimping),Section 215 on torture of a close person or
person in one's charge, Section 205 and 205a on endangering
morality. New amendments state explicitly the extra-
territorial nature of this crime and acknowledge that the
crime also entails fraudulent means, violence, threat, or
other forms of coercion to elicit agreement from a victim
older than 18 years person for a crime of trafficking.
BRATISLAVA 00000160 006.7 OF 010
These laws are being used in trafficking cases and
adequately cover the full scope of trafficking.
According to UNHCR, Slovakia is a signatory to all
international agreements relating to trafficking in persons
and most multilateral conventions on combating organized
crime. The country participates in all EU structures and
working groups in the field of justice and home affairs that
seek to monitor and control trafficking in persons.
B. PENALTIES FOR TRAFFICKING
The provision on trafficking (both for the purpose of sexual
and labor exploitation) states that any person, who entices,
enlists, transfers or receives another person to or from
abroad with the intention to engage such person in sexual
intercourse or exploitation is liable to a term of
imprisonment of three to ten years (prosecution under the
prior statute resulted in a sentence of only one to five
years). A three to ten year sentence is also applicable to
a person who exploits another person through forced labor,
involuntary servitude, slavery, or other similar forms of
exploitation. The penalty increases to a 5 to 12 year
prison term if a) the offence is committed as a member of an
organized group, b) the offense is committed against a
person under 18 years of age, c) the offense is committed
with the intention to use a person for prostitution, d) the
offender gains considerable profit, e) the offender commits
the offense against the will of another person. The penalty
increases to 8 to 15 years if the offender a) causes serious
bodily harm or death, b) gains extensive profit for himself
or another, or c) the offense is committed as a member of a
group operating in several countries. Lastly, a term of 12
to 15 years can be applied if the offence is committed by a
member of a criminal group and causes the death of several
persons.
C. PENALTIES FOR RAPE
The penalty for rape is on a par with that for trafficking.
The sentence for rape is 2 to 8 years' imprisonment and
could be increased to 5 to 12 years depending on the age of
the victim or whether violence was used. The sentence may
be further increased to 10 to 15 years if there is a
resulting death. In 2005, 200 rapes were investigated, and
charges were brought in 166. During 2005, the courts handed
down sentences in 70 rape cases.
D. PROSTITUTION
Prostitution is not explicitly forbidden in Slovakia, nor is
it regulated. The Criminal Code prohibits pimping
activities, including coercing or taking advantage of or
gaining from the prostitution of others. Sentences range
from 1 to 12 years depending on the age of the victim and
whether organized crime was involved. If the offense
involves children under the age of 15 or between 15 and 18,
the Criminal Code assigns two stricter penalties
accordingly. Local governments can prohibit the offer of
sexual services in public places and offenders can be fined.
E. PROSECUTION OF TRAFFICKERS
According to the General Prosecutor, the number of
trafficking investigations increased to 47, and the number
of charges filed increased to 30. 3 convictions were handed
down in 2005, with an additional international ring
sentenced in January to lengthy jail terms. This number has
been consistent for the past three years and raises the
total number of convictions since 1997 to 63. Early
releases and plea-bargaining are not a formal part of the
Slovak legal system; therefore the length of sentences are
standard for those convicted and the government confirms
that traffickers are serving the time in prison. A Czech
woman found guilty of participating in a trafficking ring
was sentenced to eight years in January, and has filed a
request for transfer to a Czech prison facility.
F. PERPETRATORS
According to the testimony of some victims and offenders,
BRATISLAVA 00000160 007.3 OF 010
trafficking in Slovakia is a highly organized criminal
activity either in small crime groups or larger
international syndicates. Due to the transborder aspect of
the local trafficking problem, most groups appear to be
organized with international participation. Organized
trafficking groups can consist of Germans, Czechs, Russians,
Ukrainians, Albanians, Italians, Macedonians, Poles, or
Slovenes. Among Roma, trafficking tends to be perpetrated
from within the community. Male and female Slovak
traffickers usually have prior knowledge and direct
experience in the sex industry in Western Europe. They
typically utilize employment or hostess agency schemes, but
also rely on personal connections with women. In the 2004
Nitra case, famous photographers, businessman, and makeover
consultants stand accused as collaborating with a Slovak
hostess agency that reportedly solicited 230 women, in some
instances using coercion, in both the Slovak and Czech
Republics. There have been no convictions of any
governmental officials in crimes related to trafficking in
persons. There were no reports about where profits from
trafficking were channeled.
G. INVESTIGATION OF CASES
The government actively investigates cases of trafficking.
After the creation of the specialized anti-trafficking unit
at Police Headquarters, the country participated in numerous
international investigations and had several successful
arrests. The Police utilize techniques such as inspections
of suspected places of prostitution, and monitor internet
sites actively. Police established a central anonymous
information hotline for tips about traffickers or victims
which has been used by both male and female victims.
Slovakia has been awaiting the second phase of a UN project
which will improve available equipment and training.
H. TRAINING
To date, the American Bar Association's Central European and
Eurasian Initiative (ABA/CEELI),IOM, and other NGOs
collaborated with MOI officials to provide inter-
disciplinary training concerning the treatment of victims,
trafficking indicators, and investigative techniques.
Trafficking in persons is also discussed in educational
modules at the police academy concerning victim protection
and human rights. The director of Victim Support Slovakia,
stated that district police are learning more about working
with victims of trafficking as a result of the new law
requiring police to give detailed information about service
providers to victims. She stated that police are more apt
to consult with her organization on specific cases about how
to work with victims. More training is necessary for
border police, customs officials, and staff and social
workers at the refugee camps and asylum reception
facilities.
I. INTER-GOVERNMENTAL COOPERATION
The GOS cooperated with a number of foreign governments in
the investigation and prosecution of trafficking cases.
They have cooperated specifically with the Federal Criminal
Bureau of Germany, the Austrian Criminal Service, the police
force of the Czech Republic, and the criminal service of the
Hungarian police. Most international cooperation occurs in
the framework of Interpol and Europol, which Slovakia joined
in 2003. The specialized trafficking unit notes that the
lack of English language ability among Slovak police
sometimes limits investigations. No specific number of
international investigations is available.
J. EXTRADITION
Based on the Law on Criminal Court Procedures of 2002,
Slovakia can extradite persons for any crime with a
corresponding sentence longer than one year, except a crime
political in nature. Slovak citizens can only be extradited
when governed by a treaty signed by Slovakia. The UN
Convention against Transnational Organized Crime allows for
Slovakia to extradite traffickers. In February, the
government signed a new bilateral extradition agreement with
the U.S. allowing for the extradition of non-Slovaks to the
BRATISLAVA 00000160 008.3 OF 010
United States.
K. GOVERNMENT INVOLVEMENT IN TRAFFICKING
There is no evidence of governmental involvement in or
tolerance of trafficking. Despite governmental efforts to
combat petty corruption on the borders and among police, the
problem still exists. However, the criminal activities of
these individuals do not reflect institutional acceptance on
a local or national level. In general, women involved in
"sex business" in any way are viewed negatively by society
and are quickly classified as a criminal element.
L. GOVERNMENT STEPS TO END INVOLVEMENT IN TRAFFICKING
According to Police sources, there were no convictions of
police involved in trafficking.
M. CHILD SEX TOURISM
Slovakia is not identified as a destination for child sex
tourism. According to news reports and recent research,
Slovak victims under the age of 18 have been sighted on the
Czech-German border that has been known to attract
pedophiles. The trafficking in children law, like the
trafficking in persons, reflects extraterritoriality.
N. INTERNATIONAL INSTRUMENTS
-- ILO Convention 182 concerning the elimination of the
worst forms of child labor: Ratified December 20, 1999
-- ILO Convention 29 Abolition of Forced Labor: Ratified
January 1, 1993
-- ILO Convention 105 Abolition of Forced Compulsory Labor:
Ratified September 29, 1997
-- Optional protocol to the UN Convention of the Rights of
the Child (CRC) regarding the sexual exploitation of
children and the sale of children: Ratified February 4, 2004
-- The Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children, supplementing the
UN Convention Against Transnational Organized Crime:
Ratified in February 2004
5. (SBU) Protection and Assistance to Victims
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A. VICTIM ASSISTANCE
The Slovak authorities are required to postpone deportation
of any third-country national who seeks to enter a witness
protection program or who claims asylum, thus providing
temporary residency status. However, access to legal,
medical, and psychological services for victims was lacking
at the beginning of 2005; it was since identified as a
priority area for government attention and is the
cornerstone of Slovakia's National Action Plan. The country
cooperates with local NGOs, such as Victim's Support
Slovakia, Dafne, the Alliance for Slovak Women, and IOM, in
order to locate temporary shelter and health services.
Dafne and Urobme received start-up funds from the GOS to
establish asylum facilities, but have not been able to raise
additional funds or secure proper locations, though progress
has been made in identifying potential options.
B. FUNDING FOR NGOS
The GOS provides money for Victims Support Slovakia to
support counseling services, and its employees have all
received special training for working with victims of
trafficking. The MOI occasionally provides funds to Dafne
to assist returned victims to Slovakia. The Ministry of
Labor also administers grants to NGOs via the EU PHARE
program, and NGO representatives have been pleased with the
funding they have received in recent years. IOM, however,
was unable to secure a government grant for a program that
would have provided for a study and the training of all Roma
community social workers in trafficking prevention. The
government continues to contribute to IOM expenses by
providing basic materials and a portion of rent.
In 2005, the Ministry of Labor and Social Affairs received
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NGO grant requests totaling SKK 1,080,340 (around USD
34,000) for TIP programs; it awarded SKK 620,000 (around USD
19,800).
C. TRANSFER OF VICTIMS
Police refer identified victims to NGOs, based on a law
requiring authorities to provide information about
organizations offering support services to potential
victims. The Anti-Trafficking Unit screens and refers
victims who are actively participating in the investigation
process or witness protection. IOM and UNHCR also
distribute multilingual information to migrant communities
at risk for trafficking.
D. RIGHTS OF VICTIMS
When an individual is identified as a trafficking victim,
the victim's rights are respected and he/she does not face
fines or jail sentences. However, it has been reported that
unidentified victims have been treated as illegal migrants
or prostitutes and have been detained or deported. The
Alliance of Slovak Women stated that access to detained
women or other potential victims in order to determine
whether the individual could be the victim of a crime is
minimal.
E. LEGAL ACTION AGAINST TRAFFICKERS
In the past, trafficking arrests are mostly due to victim
complaints and follow-up cooperation, which the government
strongly encourages; in 2005, the government has
demonstrated an increase in investigations and prosecutions.
By law, victims may file civil suits or seek legal action
against traffickers. According to the IOM and UNHCR,
victims are reluctant to do so because of lengthy trials and
the perceived lack of psychological, financial, and legal
assistance, though the National Coordinator believes an
increased support network will help this perception. The
MOJ states there are provisions for the compensation of
victims, but many have difficulty finding legal
representation without adequate resources. The MOJ is now
currently implementing new EU directives that make the state
more liable for victim compensation. The new law will also
allow EU citizens of other countries to seek redress in
Slovakia.
F. PROTECTION FOR VICTIMS AND WITNESSES
The government provides witness protection for victims,
based upon a decision by an inter-ministerial committee.
Other witness protection measures include recorded testimony
or testimony through video connection, which is now
mandatory for minors. Another new law explicitly states
that the victim and perpetrator must be kept separate during
the judicial procedure, thus requiring video testimony for
most current trafficking cases. According to Victims
Support Slovakia, this will also reduce the number of times
a victim must give a statement to investigators and
prosecutors, making the process for victims easier.
G. TRAINING FOR ASSISTANCE TO TRAFFICKED INDIVIDUALS
The GOS has cooperated with NGOs to provide training in
recognizing trafficking victims, and it is included in the
curriculum at the Police Academy. The MOL recently gave two
grants to organizations to provide specialized services for
unaccompanied minors, which will further encourage more
attention to the specialized needs of children. Slovak
Embassies and consulates abroad are able to provide help to
victims of trafficking including providing travel documents,
assistance with money transfers, contacting relatives,
arranging services, and travel home, and the Ministry of
Foreign Affairs is currently coordinating a referral system
in which repatriated victims will enter into the victims
services network. In some foreign missions, it is
permissible to allow temporary accommodation and boarding.
Slovak embassies abroad and NGOs cooperate according to the
needs exhibited in the host country.
H. GOVERNMENT ASSISTANCE
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According to IOM, the present situation in Slovakia has
improved drastically since 2004. The focus on increased
victims support - including legal, psychological, medical,
and social assistance - by the competent government
Ministries, the National Coordinator, and the expert working
group, will hopefully provide increased capacity and
encourage returning victims to seek assistance. Some
trafficking NGO representatives are quite pleased with the
focus on victims assistance, and encouraged by the
government response to their initiatives and requests.
I. NGO ASSISTANCE
The Slovak Alliance of Women announced that in 2005 they
will help establish Slovakia's first NGO focused solely on
trafficking, but the relationship between the two is still
"like a daughter to a mother" at this stage. IOM is the
only organization to have conducted research in this area
and which has the capacity to launch nation-wide projects.
The focus of their programming in 2005 was on education,
particularly operating school discussion groups. Dafne, an
organization based in Northern Slovakia, has conducted
regional informational campaigns and helped repatriate
victims, and has hopes to soon establish the country's first
dedicated shelter for trafficking victims. Through contacts
all over Europe, Dafne assisted women transiting to and
through Slovakia. The Alliance for Women and Victims
Support Slovakia provides a help-line for victims of
violence and helps broker services for their clients.
6. (SBU) Anti-TIP Hero
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Post nominates Slovakia's first National Coordinator for the
Fight Against Trafficking in Persons, Pavol Draxler, for
recognition as an Anti-Trafficking "Hero." Draxler, who
assumed the position October 1, was responsible for the
drafting, editing, coordination, and approval of Slovakia's
National Action Plan, and has impressed even non-
governmental members of the expert working group with his
ability to create "models of assistance" that draw upon the
regional expertise of small Slovak NGOs to provide victim
assistance and to realized the importance of securing ample
and ongoing government assistance. Draxler has breathed new
life into trafficking cases which appeared to have become
stagnate, urging prosecutors to forward their cases to
court. He also has proved an invaluable contact for post on
trafficking and other human rights issues, often finding
answers to specific questions about abuses and allegations.
A former NGO representative himself, he brings a dynamic and
results-oriented approach to the problem of trafficking.
VALLEE