GREECE PART 3: TIP REPORT SUBMISSION 2007

UNCLAS SECTION 01 OF 06 ATHENS 000501

SIPDIS

SENSITIVE SIPDIS

FOR EUR/SE, EUR/PGI, G/TIP, INL/HSTC, G, DRL, PRM, IWI

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD PREL PREF ELAB GR
SUBJECT: GREECE PART 3: TIP REPORT SUBMISSION 2007

REF: A. 2006 State 202745

The following is Sensitive but Unclassified. Please Protect
Accordingly.


1. (SBU) Below are Embassy Athens' responses to the 2007 TIP report
questionnaire. Text is keyed to Ref A request for "Investigation
and Prosecution"Section . This is the third of four cables.


2. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS:
--------------
For questions A-D, posts should highlight in particular whether or
not the country has enacted any new legislation since the last TIP
report.

-- A. Does the country have a law specifically prohibiting
trafficking in persons--both trafficking for sexual exploitation and
trafficking for non-sexual purposes (e.g. forced labor)? If so, what
is the law? Does the law(s) cover both internal and external
(transnational) forms of trafficking? If not, under what other laws
can traffickers be prosecuted? For example, are there laws against
slavery or the exploitation of prostitution by means of coercion or
fraud? Are these other laws being used in trafficking cases? Are
these laws, taken together, adequate to cover the full scope of
trafficking in persons? Please provide a full inventory of
trafficking laws, including civil penalties, (e.g., civil forfeiture
laws and laws against illegal debt).

Greek law 3064/2002 signed in October 2002 and Presidential
Decree 233/2003 specifically prohibit trafficking in persons for sex
or labor inside or outside Greek territory, and are considered by
NGO legal experts to be model pieces of anti-trafficking
legislation.

In 2005, the Parliament passed a new Immigration Law
(3386/2005),which, among general immigration provisions, also
provides for central issuance and renewal of residence permits for
TIP victims with no fee, special care for minor victims, and a one
month reflection period, which can be extended for minors. (Ref 05
Athens 2113) Excerpts of the relevant articles are available in
English for review.

The Law on Organized Crime (2928/2001),which applies to TIP cases
when an organized network is involved in the trafficking, governs
investigative capabilities of law enforcement and provides for
witness protection.

In 2004, the MOJ amended certain provisions of Presidential Decree
233/2003. The amended Presidential Decree guarantees victim
benefits from the provisions on protection, support and assistance,
as well as requires that NGOs be accredited to offer assistance
during screening procedures and victim support. The Ministry of
Interior's 2004 amendments to the Presidential Decree to allow
foreign victims of trafficking a combined residence and work permit
and to exempt victims from paying a deposit for the permits were
included in the 2005 Immigration Law. Other laws on pimping,
illegal prostitution, violence, rape, exploitation, and coercion
have been used in the past to combat TIP and are sufficient to cover
the full scope of trafficking.

-- B. What are the penalties for traffickers of people for sexual
exploitation? For traffickers of people for labor exploitation?

Penalties for trafficking in people for sexual or labor exploitation
vary, but include incarceration for up to ten years and a fine of
10,000 to 50,000 euros. Offenders who exploit minors, exploit
employees, or cause serious Physical injury to victims face a
minimum ten year imprisonment and fine of 50,000 to 100,000 euros.


Traffickers who kill their victims face life imprisonment. Because
felony trials usually require at least 5-6 years to fully make their
way through the appeals process, there has not yet been a fully
appealed conviction under the 2002 anti-trafficking law. There are
numerous ongoing trials.


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-- C. What are the penalties for rape or forcible sexual assault?
How do they compare to the penalty for sex trafficking?

Penalties for rape and forcible sexual assault vary depending on the
circumstances surrounding the crime and the damage to the victim,
but range from five years to life imprisonment. The penalties
compare appropriately to those for sex trafficking.

-- D. Is prostitution legalized or decriminalized? Specifically, are
the activities of the prostitute criminalized? Are the activities
of the brothel owner/operator, clients, pimps, and enforcers
criminalized?
Are these laws enforced? If prostitution is legal and regulated,
what is the legal minimum age for this activity?
Note that in many countries with federalist systems, prostitution
laws may be covered by state, local, and provincial authorities.

Prostitution and brothel ownership are legal and regulated by the
state. However, one street based NGO reports that virtually none of
the brothels in Athens have valid licenses and, for a variety of
reasons, including not wanting to create a red-light district within
the city, neither the GoG nor the City of Athens has addressed these
unlicensed facilities or unlicensed prostitutes or enforced a law
that prohibits such uses within a certain distance of a school or
church. Prostitutes must register at the local prefecture and carry
a medical card that is updated every two weeks. The minimum age is
18 (according to Article 6 of law 1193/81). Most prostitution in
Greece that occurs is illegal, that is, the prostitutes are not
licensed by the state - and they work through newspaper ads, private
operators, in bars, or in strip clubs.

-- E. Has the Government prosecuted any cases against traffickers?
If so, provide numbers of investigations, prosecutions, convictions,
and sentences, including details on plea bargains and fines, if
relevant and available. Are the traffickers serving the time
sentenced: If no, why not? Please indicate whether the government
can provide this information, and if not, why not? (Note: complete
answers to this section are essential. End Note.)

The Ministry of Public Order reported that in 2006, there were 70
cases of trafficking investigated by law enforcement authorities; 66
cases of sexual exploitation and 4 cases of labor exploitation. 20
were committed by organized crime networks. 206 perpetrators were
arrested and charged with different charges including articles 323A
(Trafficking in Persons) and 351 (Trade in Human Beings for Sexual
Exploitation) of the anti-trafficking law (3064/2002).

Of the 206:
-- 44 were remanded in custody
-- 56 were released and are awaiting trial
-- 70 were released on restrictive terms
-- 29 were charged and are awaiting trial
-- arrest warrants were issued for seven

The Ministry of Justice reported that trafficking cases had the
following developments in 2006:

-- 49 penal prosecutions were set in motion
-- 59 first and second-degree rulings were issued, of which 57 are
guilty for 78 defendants out of a total of 84 defendants, and two
are not-guilty for 3 defendants out of a total of 6 defendants.
-- penal prosecution was terminated in 17 cases for 18 defendants in
a total of 20 defendants.

-- 8 guilty rulings were issued on first and second degree for
violations of article 351 "Trade in Human Beings for Sexual
Exploitation" of the anti-trafficking law (3064/2002).

Under Greek law, each conviction will be appealed at least one time
and defendants can also go to the Supreme Court for a second appeal.
The conviction will not be final until appeals are completed. NGOs
point out that on some occasions, traffickers who were convicted in
their first trial and potentially face long prison sentences are
admitted to bail during the pendency of the appellate-level trial.
However this is not always the case. The government provided
information that in April, the Felony Appeals Court of Athens

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sentenced two Romanian trafficking defendants to 12 years
imprisonment and denied them the right to bail while their cases are
on appeal. In February 2007, the Felony Court of Athens sentenced a
Nigerian defendant to 19 years imprisonment and denied his request
for bail pending appeal.


F. Is there any information or reports of who is behind the
trafficking? For example, are the traffickers freelance operators,
small crime groups, and/or large international organized crime
syndicates? Are employment, travel, and tourism agencies or
marriage brokers fronting for traffickers or crime groups to traffic
individuals? Are government officials involved? Are there any
reports of where profits from trafficking in persons are being
channeled? (e.g. armed groups, terrorist organizations, judges,
banks, etc.)

Arrest statistics and police reports indicate that Greek and Eastern
European criminals and mafia are the primary movers in illegal
trafficking rings, though the size and nature of trafficking
organizations is said to vary widely. MPO statistics show that 206
perpetrators were arrested and charged in 2006 with violations of
Article 323A and 351 of the anti-TIP law (3064/02). There were 28
Albanian perpetrators, 12 Bulgarian perpetrators, 142 Greek
perpetrators, 3 Iraq perpetrators, 1 Kazakhstan perpetrator, 2
Lebanese perpetrators, 4 Nigerian perpetrators, 1 Ukrainian, 9
Romanian perpetrators, and 4 Russian perpetrators. NGOs in Greece
and abroad, the media, and police report that some travel agencies,
especially those that deal with Eastern Europe, are involved in
trafficking rings. NGO activists and journalists reported that some
Greek consular officials abroad facilitate trafficking by granting
visas, possibly via bribery or coercion, to TIP victims. There are
no reports to indicate profits going to terrorist organizations;
information from arrests indicates that most profits go to criminal
entrepreneurs.

-- G. Does the government actively investigate cases of trafficking?
Does the government use active investigative techniques in TIP
investigations? To the extent possible under domestic law, are
techniques such as electronic surveillance, undercover operations,
and mitigated punishment or immunity for cooperating suspects used
by the government? Does the criminal procedure code or other laws
prohibit the police from engaging in covert operations?

The MPO has the lead in actively investigating trafficking cases.
The Hellenic Police have deployed specialized anti-trafficking units
in Athens and Thessaloniki since 2003.
The Chief of Police established 12 new anti-trafficking police units
throughout Greece in January 2006. The units were established in
the prefectures of Arcadia, Achaia,
Ioannina, Kozani, Larisa, Rodopi, Serres, Fthiotida and the islands
of Crete, Corfu, Lesbos, and the island chain of the Cyclades and
join those already working in Athens, Thessaloniki, Ioannina and two
in Thrace. The units are specially trained to conduct all TIP
operations and respond to all TIP incidents encountered by other
officers. NGOs complain that if a TIP case does not lead to a crime
and arrest, the police are often unwilling to pursue the case solely
on the basis of victim protection.

Police officials use active techniques -- posing as clients,
collecting intelligence, and answering newspaper ads - to
investigate cases. Greek witness protection programs are far less
advanced than in the U.S. Greek law does not prohibit undercover
operations, as long as prosecutorial permission is obtained. Police
regularly break up trafficking rings and arrest suspected
traffickers. Law enforcement authorities can actively investigate
TIP cases under the provisions of the Organized Crime law and do so
to the extent possible under domestic law. Greek law allows for
limited electronic surveillance, though it is not always admissible
in court.

-- H. Does the government provide any specialized training for
government officials in how to recognize, investigate, and prosecute
instances of trafficking?

-- The Ministry of Public Order held a conference in November 2006
on the "Ilaeira" initiative to combat trafficking in human beings

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announced in the EU Council of Ministers in April 2006. The
Conference, the scope of which was to further improve trans-border
police cooperation in bilateral and multilateral level, was attended
by police personnel from 20 countries and four international bodies
(EUROPOL, EUROJUST, FRONTEX, INTERPOL). The MPO's ILAEIRA project
targets prosecutors, law enforcement officials, and NGOs, in
addition to police task forces.

-- As part of the National Action Plan to Confront Trafficking in
Persons, the Union of Public Prosecutors in Greece and the IOM held
a 2-day conference in June 2006. The conference entitled "The
Combating of Human Trafficking" was financed by the MFA Hellenic Aid
Division. The scope of the conference was to train Prosecutors in
applying the protections guaranteed to victims under the
anti-trafficking legislation. 200 Prosecutors from all over Greece,
out of a total of 400, attended this training conference. IOM
Director, Daniel Esdras reported that in the immediate aftermath of
the conference, he began to receive telephone calls from prosecutors
across the country asking for assistance in identifying a potential
victim.

-- As part of the National Action Plan to Confront Trafficking in
Persons, the Ministry of Employment in cooperation with IOM held a
training seminar for Labor Inspectors on October 21, 2006 on how to
recognize victims of labor trafficking. The seminar was attended by
virtually all 180 Labor Inspectors in Greece.


--I. Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases? If possible, can
post provide the number of cooperative international investigations
on trafficking?

Greece is a leader in promoting increased regional law enforcement
cooperation. During the reporting period, Greek police force
continued taking part in EUROPOL, INTERPOL, SECI, Black Sea
Initiative, and other international organs meeting and conferences.
Greek police have good ongoing bilateral cooperation with
neighboring countries' police forces. Police personnel from
Albania, Macedonia and Bulgaria meet regularly and whenever an issue
rises to coordinate passport controls, to police non-controlled
border areas in order to combat illegal immigration and to combat
illegal trafficking in persons, narcotics and arms. The Police have
liaison police personnel residing in Italy, Bulgaria, Cyprus,
Turkey, Albania, Russia, Ukraine, Macedonia, Croatia,
Bosnia-Herzegovina, Serbia-Montenegro, Romania and Lebanon to
further enhance police cooperation.

The Southeast European Cooperative Initiative (SECI) hosted a
regional meeting on October 4 in Kastoria (northwest Greece) to
discuss the state of play and cooperation among participating states
on Trafficking in Persons (TIP) and illegal migration.
Representatives of SECI and of the Ministries of Interior and
Prosecutors' Offices from Albania, Bulgaria, the Republic of
Macedonia, Greece and Turkey attended the meeting. The participants
agreed that TIP and illegal migration have become more sophisticated
within the past few years throughout the region and that SECI states
must continue to develop more active and efficient cooperation.
Current cooperation includes the exchange of information via
contacts established at SECI Center, periodic meetings between
member states and SECI coordination of international investigation
cases linked to TIP and illegal migration.

-- J. Does the government extradite persons who are charged with
trafficking in other countries? If so, can post provide the number
of traffickers extradited? Does the government extradite its own
nationals charged with such offenses? If not, is the government
prohibited by law form extraditing its own nationals? If so, what
is the government doing to modify its laws to permit the extradition
of its own nationals?

The Greek Government can extradite persons charged with trafficking
to other countries, however we have no information on such
extraditions. Greek citizens can be extradited to EU countries that
are parties to the "EU arrest warrant," but are protected from
extradition to certain countries. For example, Greek nationals are

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protected from extradition to the U.S. based on article 8 of the
1931 extradition treaty.

-- K. Is there evidence of government involvement in or tolerance of
trafficking, on a local or institutional level? If so, please
explain in detail.

There is no evidence of government involvement in trafficking on an
institutional level. NGOs and the media report that some local
police take bribes or free sex services from traffickers, patronize
establishments implicated in TIP, or ignore the problem. Anecdotal
reports support this phenomenon. There were accusations made by an
NGO of corruption at a Greek consulate in Russia because it had
issued legitimate visas to TIP victims with little documentary
evidence and no personal interview, either of which might have
uncovered misrepresentations on the visa applications. (Note: Not
all Russian applicants are asked to travel to Moscow for interviews.
End Note.) Likewise, there were press reports that a Greek Consul
General in Albania was removed from his position on the basis of
charges that he issued visas to trafficking victims for a fee.

-- L. If government officials are involved in trafficking, what
steps has the government taken to end such participation? Have any
government officials been prosecuted for involvement in trafficking
or trafficking- related corruption? Have any been convicted? What
actual sentence was imposed? Please provide specific numbers, if
available.

The GoG provided no information about government officials involved
in trafficking.

-- M. If the country has an identified child sex tourism problem (as
source or destination),how many foreign pedophiles has the
government prosecuted or deported/extradited to their country of
origin? Do the country's child sexual abuse laws have
extraterritorial coverage (like the U.S. PROTECT Act)?

Greece has not been identified to have a child-sex-tourism problem
either as a source, transit, or destination country.

In 2006, the Internet Crime Police Division dismantled networks
dealing in child pornography through the Internet. 34 Greeks and 3
aliens, identified as members of international networks, were
arrested and charged under child pornography statutes. The
division, which prioritizes and aggressively pursues child
pornography cases, reported a dramatic increase of crime through the
Internet during the last three years.

-- N. Has the government signed, ratified, and/or taken steps to
implement the following international instruments? Please provide
the date of signature/ ratification if appropriate.

The GOG ratified ILO -(International Labor Organization) Convention
No 182 on the worst forms of child labor on June 15, 2001. It
ratified the ILO's 29th convention 29 on Forced Labor on June 13,
1952, and ILO convention 105 on the Abolition of Forced Labor on
June 19, 1961.

The GoG signed the optional protocol to the Convention of the Rights
of the Child on the Sale of Children, Child
Prostitution, and Child Pornography on September 7, 2000.

The GoG signed the Protocol to Prevent, Suppress, and Punish
Trafficking in Persons, supplementing the UN Convention against
Transnational Organized Crime on December 13, 2000.

Additionally, Greece signed the Council of Europe Convention Against
Trafficking in Human Beings 17 November 2005 and reported a year ago
that it would soon ratify this instrument. It remains unratified.
The convention is said to contain more binding language than the
Palermo Protocol and establishes mechanisms to ensure compliance.
The Council of Europe calls it "a comprehensive treaty that mainly
focuses on the protection of victims of trafficking and safeguarding
of their rights." It also aims at preventing trafficking and
prosecuting traffickers. The Convention applies to all forms of
trafficking, national or transnational, related to organized crime

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or not, any type of victims - women, men, or children, and any form
of exploitation, sexual, forced labor or services, etc, which is in
line with the existing Greek legal framework. The
Convention provides for setting up an independent monitoring
mechanism guaranteeing parties compliance with its provisions. Some
NGOs have called upon the GoG to ratify the UN Trafficking in
Persons Protocol and the 'Council of Europe Convention on Action
Against Trafficking in Human Beings' as quickly as possible.

Greece 2007 TIP Report Submission Continued Septel.

RIES