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. ATHENS 00000501 002 OF 006 -- 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 ATHENS 00000501 003 OF 006 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 ATHENS 00000501 004 OF 006 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 ATHENS 00000501 005 OF 006 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 ATHENS 00000501 006 OF 006 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