GREECE PART 4: TIP REPORT SUBMISSION 2007

UNCLAS SECTION 01 OF 05 ATHENS 000504

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 4: TIP REPORT SUBMISSION 2007

REF: A. 2006 State 202745

The following is Sensitive but Unclassified. Please Protect
Accordingly.


2. (SBU) Below are Embassy AthenQ responses to the 2007 TIP report
questionnaire. Text is keyed to Ref A request for "Protection and
Assistance to Victims" Section. This is the fourth of four cables.


3. PROTECTION AND ASSISTANCE TO VICTIMS:
--------------
-- A. Does the government assist victims, for example, by providing
temporary to permanent residency status, relief from deportation,
shelter and access to legal, medical and psychological services? If
so, please explain. Does the country have victim care and victim
health care facilities?
If so, can post provide the number of victims placed in these care
facilities?

Greece's 2002 anti-trafficking law and 2003 Presidential
Decree call for comprehensive health services for victims, shelter,
protection, and temporary relief from deportation at the
prosecutor's request. The 2005 Immigration Law provides for
centrally issued residence permits with no fee and a one-month
reflection period for victims. The GoG reported that of the 83
victims identified in 2006, 39 accepted support and protection by
the state. 37 were provided shelter and other victim care from state
and/or NGO shelters, 22 were assisted in cooperation with IOM, and
34 received full victim's status by recognition of the TIP
Prosecutor. Other victims contacted their embassies independent of
GoG assistance and so are not included in these statistics. A
number of victims identified in 2006 continued to be sheltered at
NGO shelters. During 2006 the government granted 15 new and 24
renewed residence permits for TIP victims. (NGOs reported that, as
occurs with residence permits granted to "normal" immigrants, there
were sometimes months-long bureaucratic delays in the issuance of
the residence/work permits which left the victims unable to seek
work or travel.)

Through the MFA, information from all NGO-run shelters was provided
for all victims hosted in 2006, including details of nationality,
and dates of protection and services provided to victims over the
past two years.

According to information from the MPO, the majority of the
identified 48 victims in the first half of 2006 had legal
documentation permitting them to reside in Greece, and did not
request protection from the state. The police reported that the
majority of victims departed for their native countries without
government repatriation assistance and a small number remain in
Greece. During 2006, IOM repatriated 28 victims and referred 10
other victims to shelters and Embassies. Of the 28 repatriated
victims, 10 were from Moldova, 6 Russians, 5 Bulgarians, 1 Serbian,
2 Ukrainian, 1 Romanian, 1 Nicaraguan, 1 Guatemalan, and 1 Honduran.
The NGO Solidarity repatriated 4 victims who were from Russia and
Ukraine.

-- B. Does the government provide funding or other forms of support
to foreign or domestic NGOs for services to Victims? Please
explain.

In 2006 the GoG authorized approximately 1.5 million euros to a
variety of NGO programs and projects, including shelters, legal
assistance, conferences, trainings, and prevention in source
countries. (See Prevention - D.) (Note: Please protect - Do not
publish amount of GoG funding as it is not publicly released. End
Note.)

-- C. Is there a screening and referral process in place, when
appropriate, to transfer victims detained, arrested or placed in
protective custody by law enforcement authorities to NGO's that
provide short- or long-term care?

There is a screening process in place which effectively transfers
persons identified by law enforcement authorities as victims of
trafficking into protective state and/or NGO custody. The

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Memorandum of Cooperation now formally allows police to cooperate
with NGOs, which has resulted in 38 victims being transferred from
the police to NGO shelters. A problem still remains, however, in
that NGOs report too many victims slip through the official police
screening procedure and get sent to detention centers for
deportation.

With the entry into force on January 1, 2006 of the Immigration Law,
which provides for the reflection period, police now have more
flexibility to send victims to protective custody. Police report
using the government hotline to coordinate with NGOs on victim care.
In practice, the referral process operates most effectively when
law enforcement officials are the first contact point for the
victim. When NGOs are the first contact point, NGOs report that
victims are not always entered into the protection system, possibly
because there are not necessarily criminal charges associated with
the case or because the NGO cannot convince the victim to seek
protected status from the prosecutor or even because the is
insufficient evidence for the victim to prove that she or he is in
fact a trafficking victim and a negative conclusion by the
prosecutor could leave the individual facing deportation charges
with none of the protections afforded to recognized victims.

-- D. Are the rights of victims respected, or are victims also
treated as criminals? Are victims detained, jailed, or deported?
If detained or jailed, for how long? Are victims fined? Are
victims prosecuted for violations of other laws, such as those
governing immigration or prostitution?

In the past, victims who were arrested for immigration violations or
prostitution were sometimes tried alongside their traffickers.
Greek law does not yet exclude TIP victims from prosecution, but the
prosecutor can and does grant this reprieve on a case-by-case basis,
and the GoG reports that prosecutors did so with any and all crimes
the 83 TIP victims identified in 2006 had "committed." The GoG
reports that the Council of Europe Convention Against
Trafficking in Human Beings which it signed on November 17,
2005 stipulates that victims not be tried for crimes committed
during the course of their victimization, so once the Convention is
ratified this "loophole," which is avoided in practice, will be
closed. There were repeated complaints by NGOs that victims
continue to be tried for crimes committed during their victimization
along side their victimizers.

-- E. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? May victims file
civil suits or seek legal action against the traffickers? Does
anyone impede the victims' access to such legal redress? If a victim
is a material witness in a court case against the former employer,
is the victim permitted to obtain other employment or to leave the
country? Is there a victim restitution program?

The government's record on encouraging TIP victims to testify
continues to be mixed. As in the U.S., the process of granting
victim status and receiving a victim's work/residency permit is put
into motion when victims agree to cooperate with authorities in the
prosecution of their traffickers. Now that victims are being
granted residency/work permits (MOI reports 39 issued or renewed in
2006) and with other victims already legally resident in Greece,
more victims may remain in the country to testify when their
traffickers come to trial. There is strong NGO support for some
victims during court cases, and all NGO representatives who have
been present at trials state that without such support, many victims
would be emotionally unable to testify. Prosecutors have told us
informally that it would be illegal under Greek law to provide the
proceeds of criminal enterprises to TIP victims.
Traffickers have been released pending trial in order for the courts
to "track down" witnesses in their home countries.

-- F. What kind of protection is the government able to provide for
victims and witnesses? Does it provide these protections in
practice? What type of shelter or services does the government
provide? Does it provide shelter or any other benefits to victims
for housing or other resources in order to aid the victims in
rebuilding their lives? Where are child victims placed (e.g. in
shelters, foster-care type systems or juvenile justice detention

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centers)?

The law on Organized Crime (2928/2001) provides for witness
protection. If the victim is a witness to a crime that is not
organized crime, the MPO reports that the police will protect the
victim with an order of the prosecutor. In practice, NGOs report
that some identified and sheltered victims receive threats from
their traffickers and need better protection. NGOs who run shelters
did not complain of inadequate security or police protection
provided to the shelter in 2006. NGOs, especially those who do
street work, victim support and/or attend trials, report that they
were threatened by traffickers.

Child victims are officially turned over to the prosecutor for
children, but there are no specialized shelters for child TIP
victims so they are typically sheltered in orphanages, in a separate
section of an adult detention center or other state institutions.
The bilateral agreement with Albania signed in February 2006 but not
yet ratified by the Parliament details comprehensive child
protections. MFA officials assert that despite not yet being
ratified, they are following the terms of the protocol in any
instances of child repatriation. In at least one adult detention
center where children are kept, the children are held in cells, just
as adults are.

-- G. Does the government provide any specialized training for
government officials in recognizing trafficking and in the provision
of assistance to trafficked victims, including the special needs of
trafficked children? Does the government provide training on
protections and assistance to its embassies and consulates in
foreign countries that are destination or transit countries? Does
it urge those embassies and consulates to develop ongoing
relationships with NGOs that serve trafficked victims?

The GOG provides anti-TIP training for police at all levels,
including retraining and lifelong training of police personnel.
Child anti-trafficking NGOs have presented information to police on
the special needs of child trafficking victims independently and at
the seminars noted above. The MPO issued a directive to all police
in December reinforcing how to recognize, question, and assist
victims of TIP. The MFA charges its embassies and consulates with
some monitoring of source country NGOs that are partners with
Hellenic Aid funded NGOs and therefore funding from the GoG and
holds regular meetings with diplomatic representatives from TIP
source countries in Athens.

-- H. Does the government provide assistance, such as medical aid,
shelter, or financial help, to its repatriated nationals who are
victims of trafficking?

Not applicable - Greece is not a source country for TIP victims.

-- I. Which international organizations or NGOs, if any, work with
trafficking victims? What type of services do they provide? What
sort of cooperation do they receive from local authorities?

--International Organization for Migration (IOM): coordination with
the GoG on repatriation of victims; conducts seminars and trainings
for authorities, NGOs, social workers, police prosecutors, and the
diplomatic corps; creates public awareness programs; coordinates
diplomatic/NGO/GoG "Working Group." IOM has excellent cooperation
with local authorities and receives GoG funding. It signed the MOC
with the Interministerial Council.

--Stability Pact Thessaloniki Office (SPOT): Regional TIP
initiatives, holding a regional organized crime conference, which
included a TIP workshop.

--European Network of Women (ENOW): multilingual victims' hotline,
operation of a shelter including provision of food and clothing,
psychosocial victim support, legal support and advocacy, family
contact public awareness, lobbying. ENOW has good cooperation with
local authorities and receives GoG funding. It signed the MOC with
the Interministerial Council.

--Greek Council for Refugees (GCR): legal support and advocacy,

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family contact, seminars and trainings. GCR has good cooperation
with local authorities, receives GoG funding, and signed the MOC
with the Interministerial Council.

--International Society for the Support of Families (DESO):
operation of three shelters including provision of food and
clothing, medical and psychological and psychiatric support,
lobbying. DESO has some cooperation with local authorities,
received GoG funding and in-kind donation of the shelter buildings.
DESO signed the MOC with the Interministerial Council.

--Center for the Rehabilitation of Victims of Torture (CRTV):
shelter, psychosocial and psychiatric support, legal support,
lobbying. CRTV has good, ad hoc cooperation especially with local
police authorities, receives victim referrals directly from police,
and is authorized GoG funding.

--Nea Zoi/Association for the Support and Restoration of
Individuals in Prostitution: street work, brothel visits, victim
identification through street work and visits to detention centers,
victim support, lobbying. Nea Zoi plans to sign the MOC with the
Interministerial Council in 2007. Nea Zoi attends "Working Group"
meetings.

--Greek Helsinki Monitor (GHM): advocacy, Publications, lobbying.
Poor relationship with GoG, outspoken critic of GoG efforts on TIP
and other human rights issues.

--Association for the Social Support of Youth (ARSIS): victim
identification, coordination with Terre des Hommes in Albania on
child victims, public awareness, lobbying, based in Thessaloniki.
ARSIS has good cooperation with authorities and has done outreach to
provincial police. ARSIS receives GoG funding and will implement
part of the $600,000 TACT project in Albania. ARSIS signed the MOC
with the Interministerial Council.

--Smile of the Child: shelters for primarily Greek children, public
awareness, lobbying. Excellent cooperation with authorities, signed
the MOC with the Interministerial Council.

--Center for Research and Support for Victims of Maltreatment and
Social Exclusion (CVME or "EKYTHKA" in Greek): shelter, psychosocial
and legal support to victims, lobbying. Good cooperation with
authorities, receives GoG funding, signed the MOC with the
Interministerial Council.

--Klimaka-Agency for the Development of Human and Social
Capital: shelters, psychiatric and social support to victims,
vocational training and activities in shelters, public awareness,
lobbying. Excellent cooperation with authorities; receives victim
referrals directly from police, receives GoG funding, signed the MOC
with the Interministerial Council.

--Solidarity (NGO of the Greek Orthodox Church): shelter, excellent
cooperation with authorities, received no GoG funding in 2006 signed
the MOC with the Interministerial Council.

--ACT UP: STD and HIV screening, street work, victim identification,
support, and referral, lobbying. Good cooperation with GoG despite
criticism of GoG, receives GoG funding.

--Mediterranean Women's Studies Center (KEGME): seminars and
training for police personnel in Albania. Receives GoG funding, and
provides good cooperation with GoG.

--European Constitution Law Center: training of justices in Albania
with MFA funds

--Human Rights Defense Center (KEPAD): coordination of
Ariadne Regional Network, Greece/TIP working group at the UN.
Excellent cooperation with GoG, receives GoG funding, signed MOC
with Interministerial Council.

--The International Police Association (IPA): training
seminars for Serbian police on TIP. Excellent cooperation with
authorities, (IPA members are Hellenic National Police),receives

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GoG funding, Qgned MOC with Interministerial Council.

--Agapi: Thessaloniki-based social organization sponsored a
TIP awareness-raising event for 200 members of the general public in
February 2006. GoG officials responsible for TIP, police, NGO reps,
and others presented information on the TIP phenomenon to students
and citizens.

--STOP NOW: Formerly focused on public awareness-raising.
While members still attend TIP-related meetings, such as the
"Working Group," the NGO has no funding or current projects. Limited
cooperation with GoG, signed MOC with
Interministerial Council. This NGO suspended action in 2006 because
it did not receive any government funding.

--Caritas Greece (NGO of the Catholic Church): Primarily works with
refugees, feeding program, legal support. Caritas conducted a TIP
public awareness poster campaign in 2006 with a picture of a young
girl turned away and the message: "Trafficking: Don't turn your back
on Modern-day Slavery... it is of immediate concern!! Every year it
is estimated that 700,000-4,000,000 people in the world are BOUGHT,
SOLD, MOVED, AND IMPRISONED against their will!" The poster also
provided Caritas contact information.

Other NGOs work on various TIP issues.

TIP CONTACT
--------------
(U) The Embassy's point of contact on TIP is political officer
Patrick Connell. Email: ConnellPD@state.gov, Tel:
30-210-720-2551, Fax: 30-210-729-4307.

RIES