ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) REPORT

UNCLAS SECTION 01 OF 07 ZAGREB 000298

SIPDIS

SENSITIVE

DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, EUR/PGI
DEPT PASS USAID
SIPDIS

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB HR
SUBJECT: ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) REPORT
FOR CROATIA

REF: STATE 03836

Sensitive but unclassified; please handle accordingly.


1. (SBU) Post is pleased to submit its Annual Anti-
Trafficking in Persons Report. Last year, Croatia was
ranked as a Tier 2 country and Post recommends retaining
that ranking for this reporting period. The GOC is making
a concerted effort to take a proactive stance against TIP.
Towards that goal, it continued to improve its cooperation
with NGOs to identify and assist victims of TIP, and
increased its training activities for officials.


A. The country is primarily a transit country for women
and girls trafficked to other parts of Europe for
prostitution, as well as increasingly a source and
destination country for trafficked women. Women from
Romania, Bulgaria, Bosnia and Herzegovina, and other
countries were trafficked through Bosnia and Herzegovina
and Serbia and Montenegro to the country, where some
remained to work as prostitutes while others were
trafficked onward. Women from Albania, Bosnia and
Herzegovina, Bulgaria, Hungary, Macedonia, Moldova,
Romania, Slovenia, and Serbia and Montenegro were detained
for illegal entry into the country; some of these were
believed to be trafficking victims. Refugees, displaced
persons, and young persons were most at risk of being
trafficked. Anecdotal information indicated that
international organized crime groups, local groups, and
travel or marriage agencies were responsible for
trafficking. Victims usually are traveling on legal
documents, although some are falsified. Victims were
subject to violence, intimidation, withholding of
documents, and threats by traffickers. The majority of
victims, both foreign and national, reported poor living
and working conditions and suffered physical and/or sexual
abuse in the process of trafficking. During the reporting
period, the GOC identified five TIP victims. The victims'
nationalities were Croatian (3),Bosnian (1),and Serbian
and Montenegrin (1). Two of the victims were minors. Four
victims were female and one was male. One victim (male)
was trafficked for labor exploitation. In two cases
Croatia was a country of destination and in three cases a
country of origin. Immediately prior to the reporting
period (late February 2005) two additional victims were
identified: one minor female from Bulgaria, and one 18 year
old female from Romania. In both cases Croatia was a
destination and charges were filed during the reporting
period. In general, government figures are considered
reliable, although non-governmental organizations believe
the problem is larger than official figures indicate.
Identification is difficult as victims are often willingly
traveling through Croatia to their final destination.


B. Croatia borders on the European Union, and victims are
typically en route to wealthier countries of the EU. There
are no indications of route changes since the last report.
Post notes that the GOC demonstrated strong political will
to address the problem of trafficking. GOC activities
covered all aspects of the problem, such as prevention,
increased investigations and victim assistance.
Traffickers are believed to be members of organized crimes
groups. Victims targeted by the traffickers are mainly
women and minors. Victims were offered lucrative jobs and
in some cases, were approached by individuals known to
them. Traffickers utilized false documents and threats to
victim's families to move victims across national borders.


C. The GOC's Office for Human Rights asserts that there
are adequate funds to implement anti-trafficking
activities. However, corruption and organized crime remain
present in Croatia.


D. The GOC systematically monitors anti-trafficking
efforts through its Anti-Trafficking Coordinator - the
Office of Human Rights. That office is responsible for
coordinating all GOC activities and developing an annual
operational plan. In addition, the GOC's National
Committee for the Suppression of Trafficking consists of
members from numerous ministries and meets periodically, as
does a smaller working group including NGOs that meets
regularly to discuss specific TIP cases and programs. TIP-
related information is made available publicly through the
Office for Human Rights website, domestic and regional

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seminars. The GOC also cooperates closely with the
Southeast European Cooperation Initiative (SECI) and
Interpol on investigations and prosecutions.


2. (SBU) PREVENTION


A. The GOC acknowledges that TIP is a problem. The GOC
is cooperative and supportive of TIP activities and
initiatives. Cooperation with international organizations
and civil society is strong.


B. Government agencies involved in TIP activities are:
The Office for Human Rights; National Committee for
Suppression of Trafficking, the State Prosecutors Office;
and the Ministries of Interior; Education, Science and
Sport; Health and Social Welfare; Foreign Affairs and
Justice. The Human Rights Office has the lead in anti-
trafficking efforts.


C. In 2005, the GOC funded two public awareness
campaigns. One included TV spots, print ads in tram and
train stops, and billboards all advertising the GOC-
sponsored help line. The second campaign was a TV spot
featuring a famous Croatian celebrity on national
television. Those two campaigns targeted the general
public and children as the potential categories at risk.
Certain police officers who received comprehensive TIP
training in 2004 and 2005 (as described in last year's
report) participated in the public awareness campaigns
through roundtables, participation in local TV and radio
programs and a school fair. On the occasion of Police Day
in September, the Ministry of Interior kicked off a
prevention program that included video spots and
distribution of educational materials to the public. The
Ministry also developed a flyer for potential trafficking
victims. The flyer is being distributed at border
crossings in four languages: Ukrainian, Macedonian,
Romanian, and Croatian.


D. The GOC continues to support different projects
regarding the suppression of family violence, education of
Roma children, gender issues, women's economic empowerment,
suppression of drug abuse, etc. all of which have some
additional effect on TIP issues.


E. (This paragraph was omitted in the instructions)


F. The GOC relationship with NGOs and international
organizations is strong and has become more effective
during the reporting period. Several GOC programs have
been implemented in close cooperation with NGOs and
international organizations such as IOM (International
Organization for Migration) and a USAID implementing
partner. The GOC's National Program for Minors and the
2006 Action Plan are results of collaboration of the GOC,
civil society, and international organizations. Civil
society members also actively participate as members of the
National Committee for Suppression of TIP and the
Operational Team, which meet regularly. In addition, the
GOC has contracted with three NGOs (Rosa, Center for Women
Vukovar and Organization for Integrity and Prosperity -
OIP) to run its TIP help-line and to operate a TIP shelter.
Mobile teams have been established to assist in victim
identification and treatment.


G. The GOC border police continue to adequately monitor
Croatia's borders and immigration and emigration patterns
for evidence of TIP. Border police are authorized to
handle misdemeanor, and not felony, cases. In each case of
smuggling and illegal migration (felonies),border police
establish whether there is a potential case of TIP. If so,
the case is then transferred to the Criminal Police
Directorate; if the potential victim is young and female
the case is automatically forwarded to that Directorate.
Border police have a formal framework for regional
cooperation. However, in practice, cooperation succeeds
where there are good working level relationships.
Cooperation is good with all neighboring countries: Bosnia,
Italy, and to a lesser extent Serbia and Montenegro, and is
best established with Slovenia. The Ministry of Interior
has established instructions on the treatment of trafficked
victims, which contain guidelines on victim identification
methods, instruction on how to treat victims, and a summary
of cooperation among police officers and with other

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organizations handling TIP issues. With the support of the
EU CARDS 2003 project, the Ministry of Interior has
published a handbook for Border Control, which contains a
specific chapter on trafficking. Two thousand copies were
printed and distributed to border police officers.


H. The GOC established a National Committee for
Suppression of Trafficking in 2002 and an Operational team
in 2003 that provides for cooperation between various
ministries, NGOs and other organizations dealing with TIP
issues. The Deputy Prime Minister and Minister for Family,
Veterans, and Intergenerational Solidarity serves as the
chairperson of the National Committee and is responsible
for directing its efforts. The GOC also has a National
Coordinator, Head of the Government Office for Human
Rights, who serves as the primary point of contact.

With regard to corruption issues, in December 2004, the GOC
established an ad hoc working group to draft a new national
strategy to fight corruption. The National Strategy for
Combating Corruption has been forwarded to the GOC and is
awaiting approval. While the Office for the Prevention of
Corruption and Organized Crime (USKOK) continued to improve
its capacity and authority to manage criminal
investigations, the country's institutional ability to
combat corruption remained unproven. The failure of USKOK
to secure more than a few indictments demonstrated the
immaturity of the judicial system to handle corruption
investigations, stemming in part from the lack of a common
definition of what constitutes corruption.


J. The GOC has a National Plan for Trafficking in
Persons, which covers years 2005-2008, and an Operational
Plan for 2006. Civil society members and IOM participated
in development of the plans in addition to the Ministries
of Interior, Health and Social Welfare, and Justice.
National and Operational Plans were produced in Croatian
and English, and were widely distributed to the relevant
GOC institutions, civil society members and representatives
of the international community. Both plans are posted on
the GOC's website. In 2005, the GOC also adopted the
National Plan for Suppression of Trafficking in Children,
which was developed with the assistance of civil society
and IOM.


3. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS


A. No new legislation was enacted during the reporting
period. The TIP provision in the penal code covers
trafficking for sexual exploitation and non-sexual
exploitation; penalties provide for imprisonment from one
year to long-term imprisonment (maximum sentence under
Croatian law). The law covers both internal and external
forms of trafficking. However, there are also other
provisions that provide penalties for related criminal acts
such as international prostitution, illegal transfer of
persons across the state border, and pimping. These
provisions were used in prosecution of TIP cases prior to
the new specific TIP provision, which was enacted in
October, 2004. There are no civil penalties for
trafficking. During the reporting period, the GOC drafted
legislation that would allow prosecution of individuals who
knowingly use the services of trafficking victims. The
bill is currently in the Parliament awaiting adoption. The
Croatian penal code contains adequate provisions for the
prosecution of traffickers and perpetrators of similar
criminal acts.


B. Penalties for traffickers of people for sexual
exploitation and for labor exploitation provide
imprisonment from one to ten years. However, if the crime
was committed against a minor, the minimum sentence is five
years. If the crime was committed within a criminal group,
or against large number of persons, or caused the death of
one or more persons, penalties provide for a minimum of
five years to long-term imprisonment.


C. The provision on rape in the Croatian penal code
provides penalties from one to ten years. However, if the
crime was committed against a minor victim, the minimum
penalty is three or five years, depending upon
circumstances. Penalties, therefore, are similar to TIP
penalties.


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D. International Prostitution and Pandering are crimes
according to the Croatian Penal Code and therefore
activities of brothels owner/operator and pimps are
criminalized. Laws against pimping are enforced. Foreign
prostitutes may be prosecuted for misdemeanor offences and
may be deported if they do not fulfill temporary resident
requirements.


E. The Ministry of Interior reported that they completed
seven criminal proceedings, which resulted in seven
criminal charges against ten known and several unknown
perpetrators. Of the ten, nine were Croatian citizens and
one was Bosnian. The GOC reported that one investigation
resulted in the indictment of two defendants. Five
criminal charges were submitted based on the new TIP
provision and two based on the previous provision
(slavery),because at the time the crimes were committed
the new TIP provision had not been not adopted. In
addition, police followed and investigated 44 leads
received from the GOC's helpline (through which over 8.000
calls were received) which resulted in the following
criminal charges: Pimping (3),Fraud (2),and International
Prostitution (1). One TIP victim was identified and the
trafficking of another woman was prevented through these
investigations. The police actively investigate all
information received from the helpline.


F. According to the GOC, large international and domestic
organized crime groups are behind trafficking. The GOC
does not have information or evidence as to where the
proceeds of crime are being channeled. Anecdotal sources
noted that the proceeds of crime have been invested into
legal businesses and are therefore difficult to uncover.


G. Police and the State Prosecutors actively investigate
cases of trafficking. (see E. of this section) If
inquiries into offences cannot be carried out, the
investigating judge may, upon the request of the State
Attorney, use surveillance techniques such as: surveillance
and interception of telephone conversations or means of
remote technical communication; entry on the premises for
the purpose of conducting surveillance and technical
recording of the premises; covert following and technical
recording of individuals and objects; use of undercover
investigators and informants; simulated purchase of certain
objects, simulated bribe-giving and simulated bribe-taking;
controlled transport and delivery of objects from offences.
Such measures may also be ordered against persons suspected
of collaborating with perpetrators. Information acquired
using undercover operations and electronic surveillance can
be used as the evidence in the criminal proceedings.


H. The Ministry of Interior, in cooperation with IOM and
the EU CARDS project, completed its 18-month multi-modular
TIP training - described extensively in last year's report.
Twenty-six police officers completed the specialized
training. The final two sessions focused on harmonization
of Croatian legislation and specialized TIP education.
Ministry representatives participated in numerous regional
trainings and workshops related to TIP, most related to
detection and identification of traffickers and TIP
victims. In addition, the Ministry provided TIP
education through the Police Academy for various police
officers: 13 course hours for traffic police, 18 course
hours for juvenile prevention officers, 6 course hours for
border police, and 18 course hours for criminal
investigators. The Ministry of Justice and the Judicial
Academy held two workshops during the reporting period.
With a total of 38 participants, the trainings encompassed
prosecution of TIP crimes and the role of the judiciary in
prosecuting TIP crimes. USAID organized cross border
cooperation programs, in cooperation with the GOC and
Bosnian authorities. Representatives of the police, NGOs
and representatives from Bosnian government and civil
society participated. In addition, in partnership with the
international community, the GOC participated in training
for health workers, police, prosecutors, and civil society.
The GOC provided training for 250 border police on
identification techniques, and training on techniques for
interviewing foreigners for 20 officers. Similar training
for another 50 higher-level officers is planned for spring

2006.


I. The Ministry of Interior has close cooperation with

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Interpol and SECI. In September the Ministry participated
in a SECI regional working meeting to combat trafficking in
persons. In January the GOC signed an Agreement on
Cooperation with EUROPOL. In October, the GOC participated
in a series of seminars through a regional EU CARDS
project. The project's goal was to unify regional
practices and enhance cooperation in the region. With
assistance and cooperation from Croatian police officers,
the Serbian Government uncovered two criminal groups.
International cooperation resulted in the discovery of and
assistance to six TIP victims in Croatia. Specifically,
the GOC cooperated with its counterparts in Bulgaria to
identify, assist, and repatriate the minor victim
identified in February 2005. The GOC cooperated with its
Romanian counterparts to identify and arrest perpetrators
of trafficking a Romanian victim. The GOC cooperated with
its Serbian counterparts to charge perpetrators and
repatriate a Croatian TIP victim. The GOC worked with its
German counterparts to identify and charge a Croatian
perpetrator suspected of trafficking a Croatian victim for
labor exploitation. The GOC cooperated with Bosnian
authorities to identify Bosnian and Croatian perpetrators
of trafficking a minor victim. Finally, the GOC cooperated
with Serbian and Bosnian authorities to identify a
previously-known perpetrator who was detained for a
separate crime. Croatia has signed 28 bilateral agreements
on the Suppression of Organized Crime, which include
trafficking . These agreements provide for direct police
cooperation. Internally, the GOC formed in June 2005 a
working group in Integrational Border Management which
ensures inter-ministerial cooperation on illegal border
crossing. (note: the GOC's State Inspectorate has the
authority for investigating foreign illegal workers. End
note.)


J. According to the GOC, Croatia did not have any
requests for extradition of foreign traffickers. The
Croatian Constitution prohibits extradition of its
nationals.


K. There is no evidence of Government involvement or
tolerance of trafficking. However, one police officer was
dismissed for leaking information in one TIP case.


L. Not applicable.


M. The GOC did not identify child sex tourism as a
problem. No foreign pedophiles were prosecuted.
Croatia's child sexual abuse laws do not have
extraterritorial coverage.


N. The GOC has signed and ratified the following
documents:

ILO Convention 182 concerning the prohibition and immediate
action for the elimination of the worst forms of child
labor. (Ratified 17.07 2001.)

ILO Convention 29 and 105 on forced or compulsory labor.
(ILO Convention 29 was taken over from former Yugoslavia
08.10.1991 and 105 was ratified 05.03.1997)

The Optional Protocol to the Convention on the Rights of
the Child on the sale of children, child prostitution and
child pornography. (ratified 21.03.2002)

The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the
UN Convention Against Transnational Organized Crime (signed
on 13.12.2000 and ratified on 07.11.2002)


4. (SBU) PROTECTION AND ASSISTANCE


A. In July 2003, the National Committee for the
Suppression of Trafficking in Persons adopted the Protocol
on Treatment in Specific Cases of Trafficking in Persons,
which provides for two stages in the treatment of each
victim. The Ministry of Interior and the Ministry of
Health and Social Welfare apply instructions on the
treatment of trafficking victims, which contain guidelines
on victim identification and methods, instructions on how
to treat trafficked victims and a description of
cooperation with other agencies involved in dealing with
TIP problem. Victims are informed of their rights and how

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to exercise them. In cases where victims are minors, the
Juvenile Courts Act stipulates forms of protection during
the criminal proceedings before the courts, (i.e. from
secondary victimization). The Law on Foreigners was
amended in 2004 and the Instruction on the Procedure for
Regulation of the Residence for TIP victims provides for a
temporary residence permit for TIP victims for one year
with the possibility of extending that to a second year.
In 2005, two residence permits were issued to TIP victims.
Victims of trafficking are provided with legal, medical and
psychological services. Croatia assisted four new TIP
victims in shelters last year. In May, the GOC signed the
Council of Europe Convention on Action against TIP,
emphasizing enhancement of mechanisms to protect victims.


B. The GOC funds NGOs operating the SOS helpline and
provides funding for a shelter for victims of trafficking.
The GOC also provides financial support to several NGOs
involved in anti-TIP activities, and provides assistance to
trafficking victims, including educational and vocational
training.


C. Croatia has a national referral system, employing
"mobile teams", through which victims are identified and
referred for assistance. The GOC has designed protocols
for the identification and treatment of trafficking victims
such as: Protocol on Detention and Care for Victims of
Trafficking in Persons, Instructions for Interviewing
Illegal Migrants and Other Persons Who are Suspected
Victims of Trafficking and Rules and Procedures in the
Shelter. Special procedure are used for minor victims of
trafficking. Border police and other police officers are
instructed in all protocols.


D. The government did not deport or punish victims of
trafficking. While the law criminalizes international
prostitution and unauthorized (illegal) border crossings,
it exempts trafficking victims from prosecution.
Similarly, the law allows authorities to charge foreign
prostitutes with a misdemeanor and initiate deportation
proceedings if they do not fulfill legal requirements for
their stay in Croatia, but exempts trafficking victims from
deportation.


E. The GOC neither encourages nor discourages victims to
cooperate in TIP cases. Victim assistance is not
conditional upon the victim's cooperation with the
prosecution. TIP victims are entitled to file both civil
and criminal lawsuits. In addition, victims have the right
to press charges themselves and may continue to prosecute a
case that has been dropped by the State Prosecutor.


F. The GOC, in cooperation with civil society and IOM,
provided assistance to the victims of trafficking: medical,
legal, accommodation, psychological and re-employment
counseling, etc. Although Croatia has a witness protection
law, in practice during the reporting period the GOC did
not apply this law for TIP cases. The GOC reported that
one minor victim was placed in a juvenile justice center.


G. Specialized police training is described in the
Investigation and Prosecution section. During the
reporting period the Ministry of Interior, in cooperation
with IOM, completed multi-modular seminars for the police,
state prosecutors, NGOs, and investigative judges. Begun
in 2004, the program reached 1,600 police officers. The
police academy continued to teach anti-trafficking within
different subjects as a regular part of its curriculum.
Training on identification of victims was added to the
professional diplomatic courses at the Ministry of Foreign
Affairs' Diplomatic Academy. In October, the GOC organized
and hosted a regional conference on preventing TIP in the
region. The conference drew 140 participants from around
the region and examined the UN Convention Against
Transnational Organized Crime, development of a juvenile
protocol, and strengthening regional cooperation. In
December, the GOC organized a series of seminars to educate
16 journalists on TIP issues, with a special emphasis on
the protection of victim identity. USAID, in cooperation
with the GOC, organized training for 20 doctors and nurses
in identifying and assisting TIP victims. Social workers
from the Ministry of Health and Social Welfare also
participated in two three-day protection seminars organized
by USAID.

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H. Repatriated nationals are entitled to state health
care, and Croatian citizens generally are repatriated to
their families. According to the GOC, Croatian citizens
who have been identified as TIP victims have been offered
all forms of assistance.


I. One NGO (Organization for Integrity and Prosperity, or
OIP) runs a shelter for victims funded by the GOC and IOM.
Three NGOs run the SOS helpline (OIP, Rosa, Women
Association Vukovar),and two NGOs (Korak and Rosa) provide
for the victims assistance offering alternative
accommodation. The Croatian Red Cross operates temporary
reception centers for TIP victims. The IOM Mission in
Croatia was engaged in training for police officers,
prosecutors, and NGOs, and supported various NGOs that
provide direct assistance to TIP victims. NGOs and IOM
reported that cooperation with local authorities was
excellent.


5. (U) Embassy point of contact is Political Officer
Kirsten Selinger. Phone: 385-1-661-2250, fax: 385-1-661-

2147. In preparing the report, the 03-ranked officer spent
approximately 20 hours and a local assistant spent
approximately 15 hours.
FRANK