ARMENIA'S TIP INTERIM ASSESSMENT

UNCLAS YEREVAN 001597

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR G/TIP, EUR/PGI, DRL AND EUR CARC

E.O. 12958: N/A
TAGS: HSTC KCRM KWMN PHUM PGOV PREL SMIG AM
SUBJECT: ARMENIA'S TIP INTERIM ASSESSMENT

REF: A) STATE 176302 B) YEREVAN 1548 C) YEREVAN 1524
D) YEREVAN 960 E) YEREVAN 895

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SUMMARY
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1. (SBU) Armenia has improved its record on four of the five
interim assessment indicators provided to post by G/TIP.
There have been no positive developments so far this year for
the fifth indicator, "vigorously investigating and
prosecuting officials for complicity in trafficking."
However, we are aggressively pushing the GOAM to take
seriously allegations of investigatorial misconduct (ref B)
and hold out hope that they will do so before the end of the
2007 TIP reporting period. END SUMMARY.

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VICTIM ASSISTANCE AND REFERRAL TO SHELTERS
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2. (SBU) Since March 1, the shelters operated by the UMCOR
and Hope and Help NGOs have assisted more victims than they
did during all of 2005. The shelters have assisted a total
of 23 victims since March 1, including eight law-enforcement
referrals. In 2005, the shelters assisted 17 victims,
including 14 law-enforcement referrals.

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DEVELOPMENT OF VICTIM IDENTIFICATION AND REFERRAL PROCEDURES
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3. (SBU) Armenia still lacks a national referral mechanism,
however, the government has made some progress in promoting
awareness of how to identify and help TIP victims. In June,
the GOAM and the International Organization for Migration,
aided by INL funds, published a manual for Armenian consular
officers abroad, which contains guidelines for interviewing
and repatriating TIP victims (ref E). UMCOR is currently
working with the Ministry of Labor and Social Affairs and the
Ministry of Health to publish two manuals for health and
social workers that will outline assistance and referral
procedures for TIP victims.

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AGGRESSIVE PROSECUTION AND SENTENCING OF TRAFFICKERS
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4. (SBU) In July 2006, the government enacted a new statute,
Article 132-1, and amended its old trafficking and pimping
statutes to ensure that traffickers would be convicted under
the trafficking statutes, and not the pimping statutes, which
carry lesser penalties (ref D).


5. (SBU) Since March 1, 2006, Armenian law enforcement has
investigated 14 cases under the new trafficking statutes.
Seven of the trafficking cases went to trial. Six defendants
in four of the cases were convicted, and three cases,
involving three defendants, are still in progress. During
the 2005-06 reporting period (March 1, 2005, through February
28, 2006),10 trafficking cases involving 16 defendants went
to trial. By the end of the 2005-06 reporting period 14
defendents in nine of the cases had been convicted. The last
case was still pending.


6. (SBU) Since March 1, 2006, Armenian law enforcement has
investigated 21 cases under the pimping statutes. Nineteen
of the pimping cases went to trial. Twenty-two defendants in
16 of the cases were convicted, and three cases, involving
six defendants, are still in progress. During the 2005-06
reporting period, 18 cases involving 24 defendants went to
trial, and all were convicted. (NOTE: Because the reporting
period includes about four months before the introduction of
the amendments to the trafficking and pimping statutes, some
of the pimping cases that went to court before July could
actually be trafficking cases. We have no way to know for
certain. END NOTE.)


7. (SBU) Of those convicted in connection with both the
trafficking and pimping cases, five were fined
200,000-500,000 AMD (between about 520-1320 USD),three were
sentenced to six months to two years of corrective labor and
a levy of 20 percent of their income, and 20 were sentenced
to prison terms of 18 months to five years. For comparison,
100,000 AMD (260 USD) would be considered a very decent
monthly wage in Armenia.

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VIGOROUS INVESTIGATION OF OFFICIAL COMPLICITY
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8. (SBU) Armenia has made no detectable progress in this area
to date. Earlier this summer, several alleged trafficking
victims accused two investigators from the Prosecutor
General's office of pressuring them to change their
testimonies in connection with a trafficking case that later
was downgraded to a lesser pimping charge. Though the
Prosecutor General's office has not yet released the results
of the investigation -- which several different sources have
told us was cursory -- we understand no wrongdoing was found.
(COMMENT: We have pushed the GOAM hard on this issue in
recent weeks, and hold out some hope for some more positive
developments before the end of the reporting period. This is
far from assured, however. END COMMENT.).

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TRAINING OF PROSECUTORS AND JUDGES
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9. (SBU) Post brought a federal judge and DOJ prosecutor to
Armenia in June to conduct training sessions for judges,
police and prosecutors. The training sessions focused on
victims' rights, witness protection and restitution, and also
provided participants with a definition of trafficking,
highlighting the differences between trafficking and economic
migration. Twenty-seven judges (including every member of
the criminal case chamber of Armenia's highest court),nine
policemen and nine prosecutors attended the training sessions.
GODFREY