Identifier
Created
Classification
Origin
06KIEV1051
2006-03-17 12:35:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kyiv
Cable title:  

Ukraine's TIP Prosecution Numbers Up, But Most

Tags:  KCRM PHUM SMIG PREF 
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UNCLAS KIEV 001051 

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: KCRM PHUM SMIG PREF
SUBJECT: Ukraine's TIP Prosecution Numbers Up, But Most
Sentences Lack a Deterrent Bite


(U) Sensitive but Unclassified. Not for Internet
Distribution.

UNCLAS KIEV 001051

SIPDIS

SENSITIVE

E.O. 12958: N/A
TAGS: KCRM PHUM SMIG PREF
SUBJECT: Ukraine's TIP Prosecution Numbers Up, But Most
Sentences Lack a Deterrent Bite


(U) Sensitive but Unclassified. Not for Internet
Distribution.


1. (SBU) Summary: From 2003 to 2005, convictions for
trafficking in persons (TIP) have increased from 29 to 85 a
year, but only a third of the convicted traffickers were
given jail time. The structure of the General Prosecutor's
Office (GPO) and its reluctance to specialize suggests that
conviction rates are not likely to increase dramatically
and that probation, not incarceration, will continue to be
the sentence regularly handed down to convicted traffickers
for the foreseeable future. Post continues to work with
the GPO to make the case that it should institute changes
that would address these issues. End Summary.

CONVICTIONS UP, BUT MOST TRAFFICKERS GET PROBATION
-------------- --------------

2. (SBU) The State Judicial Administration reported that in
2005 the courts handled 95 TIP cases with 85 resulting in
convictions compared to 74 cases and 62 convictions in
2004, and 41 cases and 29 convictions in 2003. Most TIP
convictions, however, result in traffickers being given
probation instead of jail time. In 2005, only 47 out of
115 people convicted for TIP received jail time, with 22
out of 67 in 2004, and 11 out of 32 in 2003.


3. (SBU) Judges and prosecutors both contributed to the
still relatively low numbers of convictions and the light
sentences. Among judges there remains a lack of
understanding of the problem, and corruption continues to
play a role. Prosecutors maintain a cautious approach to
TIP cases, reflecting both the lack of specialized TIP
trial training and the difficulty in obtaining evidence
from abroad in a timely manner (ref A). Weak sentences, we
have been told, are often a result of an informal agreement
between judges and prosecutors. Prosecutors are afraid of
losing a case, as statistics drive their professional
advancement, while the lack of evidence in many cases leads
both judges and prosecutors to agree to pursue probation
rather then jail time. The latter requires greater effort
on the part of the prosecutor and often results in an
appeal from the defendant. The result: the prosecutor
does not lose a case, the defendant is not imprisoned, and
the judge has finalized a case with his/her sentence not
likely to be appealed.

GPO STRUCTURE LIMITS EFFECTIVE PROSECUTION
--------------

4. (SBU) In October 2005, the GPO, at least partly in
response to our urging, made TIP one of its five priority
crimes and appointed one TIP prosecutor in each region.
Unfortunately, the oversight prosecutor as opposed to the
trial prosecutor was given the responsibility for TIP in
each of the 27 regions, which means that the prosecutor
trying the case rarely has experience in TIP cases. (Note:
There are several categories of prosecutors in Ukraine:
oversight prosecutors, investigative prosecutors, and trial
prosecutors. They operate out of three distinct
departments both at the national and regional levels.) The
GPO has to date rejected our suggestion to create a
specialized TIP trial prosecutors unit. General Prosecutor
Medvedko has insisted that his generalist prosecutors can
successfully handle all types of cases (ref B).


5. (SBU) The lack of a TIP specialization within the GPO
ranks has created a challenge for designing a training
curriculum to strengthen TIP prosecution capabilities of
trial prosecutors, as the number of trial prosecutors in
Ukraine, a country of 47 million inhabitants, is close to
1,500. Nevertheless, post will proceed with initial
training seminars on TIP prosecutions at the Prosecutor's
Academy this spring, and will continue to urge the GPO to
establish a specialized TIP trial prosecution unit.

GWALTNEY