UNCLAS SECTION 01 OF 02 KIEV 000406

SIPDIS

DEPT FOR EUR/UMB, G/TIP, INL/AEE, AND EUR/ACE
JUSTICE FOR OIA, AFMLS, NDDS AND OPDAT (LEHMANN)
MOSCOW FOR RLA AND DHS
FRANKFURT FOR DHS

E.O. 12958: N/A
TAGS: PHUM PGOV KCRM SMIG KFRD PREF ELAB KWMN UP
SUBJECT: UKRAINE: INL-Funded TIP Training Seminar
Highlights Investigation and Prosecution Techniques

REF: KIEV 168


1. Summary: On January 23-25, Embassy Kiev and the
Prosecutors' Academy of Ukraine co-sponsored a first ever
training seminar on trafficking in persons (TIP) that
brought more than 70 members of the Ukrainian Prosecutor
General's Office (PGO), both prosecutors and investigators,
as well as local NGO representatives and international
experts together to discuss Ukraine's recent legislative
amendments (reftel) in the fight against TIP, as well as
best practices in preventing, investigating and prosecuting
TIP cases. Officials from the PGO and the Ministry of
Interior (MOI) actively participated with NGOs in the
three-day training seminar, which was organized by Post's
DOJ Resident Legal Advisor (RLA) using INL funds. End
Summary.

Anti-TIP Training for Prosecutors Seminar in Kiev
-------------- --------------


2. Embassy Kiev sponsored a January 23-25 anti-TIP
training seminar for prosecutors at the Prosecutors'
Training Academy in Kiev. This is the first in a series of
planned TIP-related training events for prosecutors. The
goal of this training is to develop a cadre of prosecutors
who will, in turn, train other prosecutors in investigation
and prosecution techniques for TIP cases. The goal is to
increase the number of successful TIP investigations and
prosecutions.

Materials and Presentations
--------------


3. The conference assembled an experienced American and
Ukrainian faculty to teach prosecutors. Embassy Moscow
Resident Legal Advisor Terry Kinney, a federal prosecutor
from Chicago, lectured on lessons learned from the American
experience with trafficking and discussed American anti-TIP
legislation including the Trafficking Victims Protection
Reauthorization Act (TVPRA) of 2003. Victor Vartanian,

Special Agent, United States Department of Homeland
Security, lectured on the use of Interpol in a trafficking
case and human smuggling issues. Kinney and Vartanian also
presented a segment on how to conduct a TIP investigation
and led a round table discussion of best practices. As a
practical exercise, Kinney and Vartanian presented the
attendees with a factual scenario and then discussed what
investigation steps should be accomplished.


4. The Deputy Chief of the TIP unit at the Ministry of
Interior and Judge Strekalov of the Supreme Court of
Ukraine presented the Ukrainian TIP experience. The judge
discussed investigation and charging problems in TIP cases
as well as the recent amendment to the TIP statute. In
addition, case study presentations were made by prosecutors
from around the country.


5. At a final session, the attendees were divided into two
groups and presented a factual scenario. Each group
discussed the facts and then chose both a prosecutor and an
investigator to make an oral presentation analyzing the
case. This session received the most favorable ratings of
all the presentations.

Participation by Attendees
--------------


6. More than 70 individuals attended the three-day seminar
and actively participated in the class, including
prosecutors in charge of oversight of cases as well as
prosecutors who act as investigators. The course provided
a hands-on training experience as well as exposure to
international investigation techniques. The review of the
Ukrainian TIP experience (both legislative and practical)
by research fellows from the Prosecutors' Academy, Judge
Strekalov and regional prosecutors all in set the stage for
productive discussions.

Post-Seminar Analysis and Comments
--------------


7. The Prosecutors' Training Academy has cooperated closely
with Embassy Kiev to develop and coordinate this initial
training session. A full evaluation and analysis is
planned, and then similar training is planned for locations
throughout Ukraine. The creation in 2005 of a Department
for Combating TIP in the Ministry of Interior has resulted
in a dramatic increase in the number of TIP cases being
forwarded to the Prosecutor's Office. The increasing
number of cases highlights the need for further training
and identification of Ukrainian prosecutors who can provide
this training. The improvement of prosecutors' skills in
this new field of law for Ukraine should lead to an
increased number of successful prosecutions. To that end,
Embassy Kiev's RLA is also reviewing TIP training for
prosecutors to be conducted by the International
Organization for Migration and the Organization for
Security and Cooperation in Europe, to ensure they do not
conflict with the RLA program and to assess whether they
offer a value-added product. It is clear that significant
additional training and anti-TIP work is necessary with the
Prosecutor's Office.

HERBST







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