GERMANY - 2007 TRAFFICKING IN PERSONS REPORT

UNCLAS SECTION 01 OF 17 BERLIN 000459

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EUR/AGS, EUR/PGI, G/TIP, DRL/IL, INL/HSTC, AND PRM
STATE - PLEASE PASS USAID
JUSTICE FOR T. MARCH BELL
HHS FOR PEDRO MORENO

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN KJUS SMIG ELAB PREL PGOV ASEC
PREF, GM
SUBJECT: GERMANY - 2007 TRAFFICKING IN PERSONS REPORT

REF: A. 06 STATE 202745

B. BERLIN 390

C. HAMBURG 16

D. BERLIN 269

E. 06 BERLIN 2754

F. 06 BERLIN 2465

G. 06 BERLIN 2266 AND PREVIOUS

H. 06 BERLIN 1809

I. 06 BERLIN 1094

J. 06 MUNICH 347

K. 06 FRANKFURT 4232 AND PREVIOUS

BERLIN 00000459 001.4 OF 017



1. (SBU) The following is Mission Germany's submission for
the seventh annual Trafficking in Persons (TIP) Report. The
entire report should be treated as sensitive but
unclassified. Mission points of contact are Craig Conway

SIPDIS
(email: conwaycm@state.gov; tel: 49-30-8305-2127) and
Caroline Sheldon (email: sheldonc@state.gov; tel:
49-30-8305-2337).


2. (SBU) SUMMARY: The German government continued to make
important strides in combating TIP:

-- Germany seized on the World Cup as a way to boost public
awareness of TIP and to step up efforts to combat it.
Earlier fears about an upswing in TIP victims in Germany
during the June - July 2006 Soccer World Cup Championship
proved unfounded. The International Organization for
Migration (IOM),police, counseling centers, and key German
anti-trafficking NGOs all concluded independently of each
other that there was no significant increase in TIP during
the World Cup. These organizations and others credit
extensive government-funded public awareness and prevention
campaigns, as well as comprehensive police measures, enhanced
international coordination, and stepped-up cooperation
between government agencies and counseling centers. German
officials briefed the EU Council's trafficking working group
in January 2007 on measures taken during the World Cup and
suggested how the German experience might be used to develop
best practices for future large-scale events. Post nominates
Germany's successful efforts against TIP during the World Cup
for inclusion among best practices highlighted in the
Department's 2007 TIP Report.

-- Germany completed ratification of the UN Convention
against Transnational Organized Crime together with the
Convention's Protocol to Prevent, Suppress, and Punish
Trafficking in Persons (Palermo Protocol) on June 14, 2006.

-- Germany established a new inter-agency strategy and
analysis center on illegal migration and related crimes
(GASIM) in May 2006. Law enforcement personnel and experts
from multiple government agencies coordinate efforts to
collect data and analyze the scope of and relationship
between illegal migration, organized crime, human smuggling,
and trafficking in persons.

-- As in previous years, the government funded various
campaigns to raise awareness of child sex tourism in 2006.

-- In January 2007, German officials announced government
plans to submit federal legislation to criminalize the
activities of clients who knowingly patronize forced
prostitutes.

-- German authorities conducted a number of high profile TIP
raids and legal proceedings that broke up trafficking rings.

-- Germany began using new labor trafficking laws passed in
2005 and restructured its police units to improve
enforcement, but has not yet developed an inter-agency
cooperation mechanism similar to the federal/state
interagency working group set up in 1997 to coordinate action
against sex trafficking. END SUMMARY.


3. (SBU) Responses below are keyed to questions posed in
paras 27-34 of ref A:


BERLIN 00000459 002.4 OF 017


--------------
Checklist - Overview
--------------


A. Victims. Germany is a country of origin, transit and
destination for trafficked persons. Trafficking takes place
into, within, and through Germany. The Federal Office of
Criminal Investigation (BKA) makes a concerted effort to
compile accurate statistics, but acknowledges many instances
of trafficking go unreported. The key reason for this is the
difficulty in identifying victims. Although authorities say
EU enlargement has not had a significant impact on the number
of identified vctims, victims who are EU citizens and thus
legaly permitted to reside in Germany are often moredifficult to identify.

In its most recent report covering 2005, the BKA recorded
642 sex trafficing victims, compared to 972 in 2004.
According o the report, the significant drop in the overall
number of victims is attributable to a one-time sike in the
number of victims from Ukraine in 2004(183 Ukrainian victims
were identified in 2004, compared to 20 in 2005) that
resulted from a single police investigation. Of the 642
victims identified in 2005, 115 were German nationals (18
percent -- up five percent over 2004). The number of TIP
victims age 18-24 was 339. Eight percent (51 victims) were
under 18 and German nationals comprised the largest portion
of these victims (28). These statistics capture sex
trafficking only, not actions against other related crimes,
such as pimping, exploitation of prostitutes, child sex
abuse, or human smuggling.


B. Situation. As in recent years, most victims continue to
come from European -- and in particular Eastern European --
countries. Of the 642 victims reported in 2005, 86 percent
(down 4 percent from 2004) came from Europe, including
Germany. Of the foreign victims, Romanian (18.4 percent) and
Russian women (15.7 percent) were the largest groups.
Non-European victims came primarily from Nigeria (11 victims
or 1.7 percent) and Thailand (3 victims or 0.5 percent).
Victims from African countries numbered 32 (5 percent).
Victims from Asia numbered 17 (2.7 percent). Thirty victims
(4.7 percent) were from the Western Hemisphere.

Government Efforts to Combat TIP and Political Will.
Political will to combat trafficking exists at all levels of
government, including the Federal Chancellery, Cabinet, and
Federal Parliament. Measures enacted in connection with the
World Cup demonstrate official commitment at the federal,
state, and local levels. Steps the police worked out in
advance of the June 9 - July 9 events included the World Cup
Security Strategy, the state-federal law enforcement
information-sharing framework, greater police presence in red
light districts and in the vicinity of commercial sex venues,
additional inspections and raids, efforts to raise awareness
among hotels, and enhanced cooperation with social
institutions and counseling centers. To raise public
awareness during the World Cup, almost all state (Laender)
parliaments focused on trafficking, either debating or
reaching agreement to implement additional measures to combat
trafficking in persons.

The government plans in 2007 to update the "Action Plan on
Violence against Women" adopted by the previous Schroeder
Government in 1999. The action plan laid out a comprehensive
approach to combat trafficking in women. The plan also set
goals to improve prevention, strengthen cooperation between
government agencies and NGOs, punish traffickers, sensitize
officials, police, and the general public, and expand
international cooperation. The 2003 "Action Plan for the
Protection of Children and Juveniles from Sexual Violence and
Exploitation," which Germany is now implementing, includes
public awareness campaigns on child sex tourism. Both the
federal and Laender governments devote substantial resources
to combating TIP in Germany and in source countries.

The Christian Democratic Union/Christian Social Union
(CDU/CSU) and Social Democratic Party (SPD) coalition

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partners in the German government (elected in November 2005)
listed combating trafficking in persons as a high priority in
their coalition agreement. The coalition agreement forms a
roadmap for major policies and strategies to be implemented
in the government's four-year term and specifically cited
TIP, as well as improving the overall migration situation, as
issues on which the government will focus.

Trafficking Conditions. Victims are trafficked for purposes
of sexual and labor exploitation.

Traffickers. The BKA registered 683 suspected sex
traffickers in 2005. As in previous years, German nationals
comprised the largest share of suspected traffickers (283 or
41 percent in 2004). Fifty-seven or 8.3 percent of those
were born outside of Germany (primarily Russia, Kazakhstan,
Turkey, Poland, and Romania).

Methods used by Traffickers. With regard to sex trafficking,
220 victims reported being deceived about the true purpose of
their entry into Germany, 166 reported having been recruited
by professional agencies. Seventy-eight reported traffickers
used violence against them. According to the BKA report,
many victims who agree to prostitute themselves are deceived
regarding exploitative conditions of the work situation. The
majority of the victims worked in brothels (307) or
apartments (229). Victims working for escort services (170)
or in street prostitution (66) were mainly found in big
cities. Ninety-three of the 325 questioned victims reported
threats received from their alleged traffickers negatively
influenced their willingness to testify.


C. Practical Limitations.

C-1. Federalism. Under Germany's post-World War II federal
structure, the Laender (states) have primary responsibility
for investigating and prosecuting crimes, including TIP.
Local government resources for law enforcement, assistance to
victims, and counseling by NGOs depend on the budgets of the
Laender, a situation which NGOs report can lead to an uneven
distribution of funding. Federal Family Ministry officials
promote the funding mechanism used by Rhineland-Palatinate as
a best practice model for ensuring regular funding of
programs that assist victims. Under this model, a general
budget line item is allocated annually to help trafficked
victims without allotting a fixed sum to each locality.
Baden-Wuerttemberg also adopted this model. The
government-funded Association against Trafficking in Women
and Violence against Women in the Migration Process (KOK)
published results of a 2006 conference that focused on best
practices and funding models.

C-2. Resources for Victims. Trafficked victims are entitled
by law to basic medical care and to assistance for basic
living expenses. Local social welfare authorities are
responsible for distributing benefits. NGOs have expressed
concern that basic benefits identified by governing
legislation do not include psychological treatment, though
some Laender cover the cost of psychological treatment on a
case-by-case basis. In April 2006, KOK published a handbook
giving a comprehensive overview of available resources for
TIP victims. In November 2006, the Federal Constitutional
Court ruled that compensation payments for pain and suffering
-- including payments to TIP victims -- can no longer be
deducted from payments for basic expenses under the benefits
law for asylum seekers.


D. Surveys, Reports. The government and government-funded
NGOs systematically monitor Germany's anti-trafficking
efforts. In addition, parliamentarians routinely query the
government on efforts against TIP and related issues,
obliging the government to publish reports in response. The
German government makes regular assessments of its
counter-TIP efforts available to the UN, the EU, the Council
of Europe, and the OSCE. The BKA, as well as the
Federal-State Interagency Working Group, state level
interagency working groups, and Laender Offices of Criminal
Investigation (LKAs) meet regularly to evaluate and discuss

BERLIN 00000459 004.4 OF 017


counter-TIP programs. Independent NGOs conduct their own
evaluations of the government's counter-TIP efforts and
regularly publish assessments.

Each year the BKA produces a report on sex trafficking in
persons in Germany covering the previous year's developments.
Topics include statistics on investigations, victims, and
traffickers. The ILO in June 2006 published a report on the
results and recommendations of conferences held between 2004
and 2006 on capacity building to combat the forced labor
outcomes of human trafficking in Germany and five other
European countries. In June 2006, the government published a
report on its efforts to combat sexual exploitation of
children at the German-Czech Border, in response to a query
from the German Federal Parliament.

In September 2006, the German Federal Parliament published a
report on organizational and other measures to improve visa
issuance. This report is the result of the findings released
by a parliamentary investigatory committee set up to review
visa issuance policies during the previous legislative
period. This body and an earlier investigative committee
were established in response to a reported increase in the
number of visas issued during 2001-2003 and suspicions of
fraud in Eastern Europe. The government took a series of
steps worldwide to tighten rules governing visa issuance,
beginning in 2002.

In December 2006, The Interior Ministry published a report on
the 2006 Soccer World Cup Championship, which focuses on the
nationwide security concept German authorities implemented
during the games, including measures taken to prevent and
combat TIP. In January 2007, the Family Ministry presented
an internal report on preventive measures implemented against
TIP in connection with the World Cup, including public
awareness and prevention campaigns conducted by NGOs with the
support of the Family Ministry and other government agencies.
This report and an Interior Ministry "experience report" on
law enforcement measures taken against TIP during the World
Cup were presented to an EU working group in January 2007
(ref D).

In February 2007, the government published a report on labor
trafficking legislation enacted in 2005 under the Schroeder
Government that broadened and strengthened existing penal
code provisions.

--------------
PREVENTION
--------------


A. Germany's government acknowledges TIP as a problem that
must be vigorously combated. During meetings with the
Ambassador in 2006, Federal Family Minister von der Leyen and
other high-ranking German officials stressed the importance
of fighting TIP and described Germany's engagement (ref E).
In numerous discussions with our consuls general, Laender
ministers have also reaffirmed their commitment to fight TIP
and child sex tourism. German officials at all levels have
underscored their resolve and their efforts to fight TIP to
officers from several USG agencies and at every level of the
Mission (refs G-K).


B. Government Agencies. Within the German government, the
Federal Family Ministry has the lead for preventing TIP and
funds numerous public awareness campaigns and education
projects implemented by NGOs.

The Federal Justice Ministry in 2006 drafted a number of TIP
related laws, including legislation to improve the protection
of juveniles against sexual exploitation. The Ministry
manages the National Training Academy for Judges and
Prosecutors, which offers training regarding cases involving
organized crime, child victim witnesses, and international
cooperation.

The Federal Ministry for Economic Cooperation and Development
(Development Ministry) has funded development projects abroad

BERLIN 00000459 005.4 OF 017


to combat TIP since 2003. Since 2004, the Ministry has also
funded programs to combat trafficking in children. The
German Society for Technical Cooperation (GTZ),a
government-owned corporation for international development
cooperation, develops and executes these projects.

The Federal Ministry for Labor and Social Affairs, through
its government employment offices, offers former prostitutes
and trafficked victims job-placement assistance and training
in other fields. The Ministry has issued strict guidelines
to ensure job seekers are not offered employment in the
commercial sex industry, unless a job seeker expressly
requests information about such employment. Government
regulations and guidelines stipulate employment agencies
cannot compel unemployed people to accept such employment,
nor can job seekers be denied unemployment benefits for
refusing to accept employment in the commercial sex industry.
The Labor Ministry administers EQUAL funds -- an EU-funded
project run by IOM and NGOs that sponsors reintegration
programs for TIP victims and runs through 2007.

The Ministry of Foreign Affairs (MFA),in addition to
tightening rules and procedures for reviewing visa
applications, is actively involved in outreach to potential
victims in countries of origin (see PREVENTION C).

The Federal Office of Criminal Investigations (BKA) has a
counter-trafficking office that coordinates international TIP
cases, promotes cooperation with other countries and regional
organizations (including through the Southeast European
Cooperative Initiative (SECI) and the Baltic Sea Task Force),
cooperates closely with Europol and Interpol, and organizes
training programs for German and foreign law enforcement
authorities. The BKA established a federal-state working
group in 2005 comprised of police officials from a number of
Laender, the BKA, and Customs to explore the effects of the
new counter-TIP legislation and to focus on trafficking of
children. It is currently reviewing areas for further
research regarding the exploitation of children. The BKA has
expanded its Organized Crime Section's illegal immigration
unit to cover trafficking for labor exploitation as well.

The Federal-State Interagency Working Group on Trafficking in
Women, established in 1997 under the Family Ministry's lead,
reviews counter-trafficking issues, disseminates best
practices, and provides input for new laws and directives.
Members include representatives from the Federal Ministries
of Justice, Interior, Foreign Affairs, Economics and
Technology, Labor, Health, and Development, as well as from
NGOs, law enforcement agencies, and Laender governments. The
working group has developed a model cooperation concept
agreement to formalize cooperation among police, welfare
agencies, and NGOs to enhance protection and assistance to
victims and to encourage victims to testify against
traffickers. Nine of the sixteen Laender have concluded
cooperation agreements. Instead of a formal cooperation
agreement, the North-Rhine Westphalia Interior Ministry
issued a regulation formalizing cooperation among agencies
and NGOs as early as 1994.

A federal-state working group on combating sexual
exploitation of children has existed since 2003 and meets
several times every year.

The Laender Offices of Criminal Investigations (LKAs) have
special units that deal with TIP or with organized crime.
The Hamburg police, for example, deploy approximately 20
officers to deal with TIP and pimping. The BKA and the
Hamburg police have attributed the high investigation success
rate and the high number of victims willing to approach the
police in Hamburg to the trust that specially trained milieu
police have built up. Numerous Laender offices, including
Family, Social, Justice and Labor ministries, are involved in
developing programs at the state level. Several Laender have
interagency working groups or task forces that include NGOs.
Hesse, Baden-Wuerttemberg, Bavaria, and Thuringia have signed
inter-state memoranda of understanding to coordinate in
fighting TIP. Saarland has established an interagency unit

BERLIN 00000459 006.4 OF 017


in the Ministry of Interior to combat TIP. As a result of
the 2005 amendment of trafficking provisions in the Federal
Penal Code, state police authorities have restructured their
organized crime or TIP units to include labor exploitation
crimes and have started to cooperate with the Customs
Authorities' Illegal Employment Control Units (FKS) to
enforce the new laws (PROSECUTION A-1, A-2).

GASIM. The Federal Interior Ministry created a new
inter-agency analysis and strategy center (GASIM) in May 2006
that is comprised of experts from the police, security
agencies, customs authorities, the Foreign Ministry and the
Agency for Refugees and Migration. It is designed to
exchange and collect information on illegal migration,
related organized crime, visa fraud, illegal employment, and
trafficking; to analyze the illegal migration situation; and
to support investigations and international cooperation.

Federal Finance Ministry. The Customs Authorities' Illegal
Employment Control Unit (FKS) under the Federal Finance
Ministry was restructured in 2004 and increased its personnel
through 2006. It now employs approximately 7,000 at 113
offices throughout Germany. The Illegal Employment Control
Unit investigates violations of the Illegal Employment Law,
including cases of exploiting foreigners working in Germany
without residence or work permits. Under the law, it is not
only a criminal offense to employ foreigners working in
Germany illegally, but also to pay them less than prevailing
wages or to provide them substandard working conditions. The
Unit cooperates closely with a number of agencies, including
federal and state police authorities, especially in cases
where the labor exploitation reaches the level of labor
trafficking.


C. Public Information and Education Campaigns. German
public awareness of trafficking has increased significantly.
In 2006, the government continued to support and fund NGOs
campaigns in Germany and abroad.

The Federal Family Ministry fully funds KOK, the lead body
representing 34 NGOs and counseling centers assisting
victims. The KOK as a member of the Federal-State
Interagency Working Group coordinates projects, conferences,
studies, and research.

German embassies and consulates conduct outreach programs,
including distribution of brochures in 13 languages that warn
about trafficking. For example, the German Ambassador to
Kenya called for strengthening Kenya's laws against child sex
tourism at an anti-trafficking conference in February 2007.

World Cup Campaigns. Top German Government officials were
personally engaged in supporting World Cup anti-TIP campaigns
or initiatives. For instance, Federal Interior Minister
Schaeuble invited NGOs to discuss anti-TIP campaigns before
and during the World Cup; the Mayor of Berlin -- along with
the President of the German Soccer Association (DFB) --
served as patrons of a campaign; and Hesse Minister-President
Roland Koch participated in a night-time sweep through
Frankfurt's large red-light district to identify trafficking
victims in the run-up to the World Cup. The sweep followed a
much larger May 10 raid of brothels, bars, and private
apartments across the state. The raids, involving hundreds
of police and justice officials, were designed to identify
trafficking victims in the commercial sex industry as well as
traffickers (refs J-K).

Nongovernmental organizations throughout Germany -- with
government or faith-based support -- conducted 21 TIP
awareness campaigns during the World Cup. Most campaigns
received financial assistance from federal, state, or local
governments. The Federal Family Ministry funded several of
the most prominent campaigns, as well as two of the three
NGO-operated telephone hotlines for TIP victims, potential
clients, and others. For example, the Ministry funded a
nationwide TIP awareness campaign during the World Cup
conducted by the German Women's Council, an umbrella group of
over 50 women's professional associations. According to the

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German Women's Council, nearly 1,000 local and regional
groups participated in the campaign and collected signatures
of approximately 80,000 people for the campaign's petition.
Diakonie -- the Lutheran Church's social aid organization --
sponsored a campaign to place billboards that read "Say No to
Forced Prostitution" in multiple languages inside and outside
major train stations during and after the World Cup. The
organization also ran ads in major newspapers and set up a
24/7 telephone hotline for TIP victims. The Catholic NGO
Solwodi conducted a nationwide information campaign during
the World Cup that included the distribution of 100,000
flyers, 10,000 posters and 40,000 stickers nationwide.
Solwodi also operated a telephone hotline (refs D,G,J,K).

Evaluations conducted by the Family Ministry and individual
NGOs concluded public awareness and prevention initiatives
reached a wide and multi-faceted spectrum of society far
beyond the women's movement and other organizations normally
engaged on the issue. Counseling centers reported a decline
in the number of forced prostitutes during the World Cup.
The police reported five cases of sex trafficking linked to
the World Cup. The IOM concluded there was no significant
increase in TIP during the World Cup and credited extensive
prevention campaigns and an increased police focus (ref D).

Conferences. Two experts from the U.S. Department of Justice
visited Germany in October 2006 to brief German experts on
the U.S. approach to prosecuting trafficking crimes and the
provision of residence benefits and other social services to
TIP victims in the United States. They spoke with
parliamentarians, key federal and state government officials
-- including the Bavarian Justice Minister, who had recently
returned from the U.S. after participating in an
International Leadership Visitor Program that featured TIP
issues -- and state prosecutors general. German
working-level experts attended TIP-related roundtable
discussions organized in Berlin, Frankfurt, and Munich by the
Embassy and consulates.

International Campaigns. In December 2006, the GTZ started a
new initiative to promote women's rights that will focus,
inter alia, on combating trafficking and labor exploitation
of women, preventing trafficking, and providing counseling
for women. In addition, the GTZ will continue to conduct
programs through 2007 to implement the Optional Protocol to
the Convention on the Rights of the Child (CRC) on the Sale
of Children, Child Prostitution, and Child Pornography and to
counter child sex tourism.

Child Sex Tourism. The German government continued to
co-fund the Association to Protect Children from Sexual
Exploitation (ECPAT) in Germany to undertake programs to
raise awareness regarding child sex tourism, including
distributing a flyer against child sex tourism to tour
operators, and briefings for employees in the tourism sector
in 2006. Both the German association of travel agencies and
tour organizers and the federal association for the tourism
sector signed the Code of Conduct for the Protection of
Children from child sex tourism developed by ECPAT. In
October 2006, ECPAT offered for the first time a GTZ-funded
train-the-trainer workshop for German tour operators.

The Federal Family Ministry funds several campaigns organized
by the NGO Terre-des-hommes to stop child sex tourism,
including the campaign "Please Disturb" an Internet platform
that contains information about child sex tourism and calls
for tourists to notify authorities to help stop the practice.
The Ministry is providing 200,000 euros for this campaign
from 2005 through 2007. The Federal Family Ministry also
co-funded a new advertisement for this campaign that LTU, one
of Germany's largest charter airlines, started to show on
April 1, 2006. LTU specializes in holiday travel and flies
to vacation spots throughout the Mediterranean, as well as to
locations such as Sri Lanka, Thailand, and the Caribbean.
LTU included awareness-raising ads in its airline magazines
as well. The campaign is geared to reach potential clients
and aims at encouraging tourists to report suspicious
activities.

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In 2006, the GTZ's project pursuant to the UN Convention on
the Rights of the Child, "Protection of Minors against Sexual
Exploitation," continued to conduct projects in a number of
countries. For example, in May 2006 together with the German
association of travel agencies and tour operators (DRV) and
ECPAT, the GTZ conducted a workshop for tourism experts,
hoteliers, police and NGOs in the Dominican Republic. The
training focused on sensitizing these groups and illustrating
the Code of Conduct.

Throughout 2006, the GTZ also supported ECPAT Guatemala in
implementing training courses for approximately 600 law
enforcement and migration officers in Guatemala to sensitize
them with regard to sexual exploitation of children in
tourism.


D. Other Government Support. The Federal Family Ministry's
mandate is to promote women's interests and all aspects of
gender mainstreaming, to raise public awareness for women's
issues, and to sponsor related programs.


E. Government Relationships with NGOs. German federal and
Laender governments and agencies work actively with civil
society and NGOs, both secular and faith-based, to combat
TIP. Nongovernmental organizations participate in the
Federal-State Interagency Working Group, as well as in
similar Laender working groups, and several Laender-level
cooperation agreements have been concluded with NGOs. The
government-funded GTZ cooperates closely with numerous NGOs
abroad to implement projects. The BKA shares information
with ECPAT about criminal proceedings in Germany against
child sex tourists to enable ECPAT to facilitate the
participation of child victims abroad as joint-plaintiffs.
ECPAT keeps the BKA informed regarding cases abroad to
expedite investigations. The Federal Family Ministry funds
the KOK. The Federal Family Ministry, the Federal Interior
Ministry, BKA, and Laender police and government agencies
cooperated closely with NGOs, counseling centers, and experts
in the preparations for the World Cup (refs D,E,G,J,K).


F. Monitoring Immigration and Emigration Patterns. The new
inter-agency analysis and strategy center on illegal
migration (GASIM),established in May 2006, monitors and
analyzes illegal migration movements and patterns of
organized crime, including trafficking. Law enforcement
officials screen for potential TIP victims attempting to
enter from countries not party to the Schengen Agreement.
Under the Schengen Agreement, Germany and other EU countries
party to the agreement have reciprocally agreed to abolish
border inspections (neither Poland nor the Czech Republic is
yet party to the Schengen agreement). The Federal Police
(Bundespolizei),as the successor agency since July 2005 to
the Federal Border Police, cooperates closely with
counterparts in neighboring countries. In 2004, German and
Polish authorities established a joint border control office
in Frankfurt/Oder to conduct joint investigations at the
border. German and Czech authorities also conduct joint
inspections at border crossings. During the World Cup,
Germany selectively re-established border controls at borders
with other Schengen members (i.e., Germany's borders with
Austria, Belgium, Denmark, France, Luxembourg, and the
Netherlands) on the basis of law enforcement and intelligence
information. The government continued closely monitoring
entry into Germany (i.e., at non-Schengen borders) and
patterns of migration into the country.

German Child Sex Tourism in the Czech Republic. Since May 1,
2004, under a German-Czech bilateral agreement, eight border
control points have been staffed with both countries' border
police. For several years, a German-Czech
counter-trafficking working group has operated to enhance
police cooperation and information sharing. Child sex crimes
committed by Germans abroad are prosecuted in Germany under
an extraterritoriality provision in the Penal Code. The
German police maintain close contact with NGOs that are
actively involved in combating child sex tourism. In June
2006, the government published a report on the situation of

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combating child sex tourism at the German-Czech border. The
report highlights Germany's efforts to stop trafficking and
child sex tourism.


G. Interagency Work Groups/Task Forces. In addition to the
Federal-State Interagency Working Group on Trafficking in
Women, similar interagency working groups and/or task forces
exist in several Laender. The BKA Division for Combating
Trafficking is another important player promoting cooperation
at both the national and international level (see PROSECUTION
B). The LKAs have counter-TIP or organized crime units, as
well as public anti-corruption units or task forces. At the
federal level, an anti-corruption directive applies to all
federal government employees. The BKA has an internal
affairs unit to combat corruption.

International Cooperation. Germany is active in numerous
international fora on TIP (e.g., Baltic Sea Task Force on
Organized Crime; Southeast European Cooperative Initiative
Task Force; G8; Interpol; Europol). Germany has taken a
leading role in the EU and UN on counter-trafficking. As a
member of the Council of Europe (COE),Germany is the
vice-chair in the working group that drafted the Convention
on Action against Trafficking in Human Beings. Germany
contributes to the OSCE Office for Democratic Institutions
and Human Rights (ODIHR) and its counter-trafficking project
fund.

The BKA has stationed liaison officers in German Embassies in
Eastern European countries and Asia; they focus on legal
cases, including TIP cases, and the BKA trains law
enforcement authorities in source countries.

Turkey selected Berlin and a group of Austrian cities to
conduct an 18-month twinning project to raise the standards
for combating TIP in Turkey to the level of EU member states.
A team of Berlin law enforcement experts will implement the
project through 2007.


H. National Action Plan. The Federal Family Ministry is in
close contact with other agencies and NGOs, especially
through the Federal-State Interagency Working Group. The
Ministry's action plans on TIP (see OVERVIEW B) and child
sexual exploitation are posted on the Ministry's website
(www.bmfsfj.de).

--------------
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------


A. Criminal Law on Trafficking. Germany's criminal law on
trafficking was amended and expanded in 2005 to broaden and
strengthen provisions on sex and labor trafficking. Under
the new law, trafficking for sexual exploitation is
prohibited under Section 232 of the federal Penal Code, and
labor exploitation is prohibited under Section 233, both
internally and trans-nationally. Trafficking for labor
exploitation includes slavery, bondage, debt peonage, and
working under exploitative working conditions.
Alternatively, a vast array of related laws with similar
penalties exist which are used in trafficking cases, e.g.,
promotion of trafficking (Section 233(a)),kidnapping
(Section 234),abduction (Section 234(a)),child stealing
(Section 235),child trade (Section 236),deprivation of
liberty (section 239),extortionate kidnapping (Section 239
a),coercion (Section 240),sexual exploitation of minors
(Section 176),promoting sexual acts of minors (section 180),
exploitation of prostitutes (Section 180(a)),pimping
(Section 181(a)),sexual exploitation of juveniles (Section
182),sexual coercion/rape (Section 177),sexual abuse of
children (section 176),and human smuggling (Section 96 of
the Immigration Law).

In August 2006, the Federal Cabinet approved a bill now
pending before the Federal Parliament to amend the Penal Code
to increase protection of juveniles from sexual exploitation
(see D-2).

BERLIN 00000459 010.4 OF 017


Immigration Law. Since January 1, 2005, a new Immigration
Act has regulated all aspects of immigration, integration,
asylum, and deportation. Under a new provision, human
smuggling into Germany now constitutes a compelling ground
for deportation (Section 54(V)). Law enforcement authorities
believe this new provision will be an effective deterrent to
traffickers.

Labor Laws. Several labor laws ban illegal employment.
Individuals or companies employing persons who do not have
residence or work permits violate the Illegal Employment Law
and are subject to administrative or criminal penalties.
Furthermore, employers who employ foreigners without a
residence or work permit under "exploitative work conditions"
-- working conditions significantly below the standards under
which a German employee would perform a comparable job --
commit a criminal offense. Prior to inclusion of the
expanded labor trafficking provision (Section 233) in the
Penal Code in 2005, slavery and bondage were covered by
Section 234 (kidnapping). Since 2005, Section 233
criminalizes all forms of labor exploitation, including
slavery and bondage cases. Section 234 was amended
accordingly and limited to cases where someone is kidnapped
to bring him into a helpless situation.

Criminal Procedure Law. Germany has forfeiture laws under
which police can seize assets that traffickers obtained from
criminal activity.

In January 2007 a new law came into effect expanding
government authority to confiscate proceeds of criminal
activity and to strengthening the corresponding rights of
crime victims. TIP counseling centers have applauded the new
law, which can be applied in trafficking cases where the
victim desires to leave Germany quickly. Previously,
proceeds confiscated from traffickers were returned to the
perpetrators three months after their conviction, if no one
filed a claim. Now, victims have three years to file claims
for compensation against their exploiters. If no claims are
filed within the three-year period, the confiscated proceeds
become state property rather than reverting back to the
convicted criminal, as was previously the case. Furthermore,
under the new law, crime victims' claims have priority over
claims of creditors. Finally, the law simplifies and
streamlines filing procedures.


B. Penalties. Penalties for sex and labor trafficking range
from six months to ten years imprisonment. These penalties
are commensurate with penalties for other serious crimes.
Under the new law from 2005, fines may no longer be imposed
as penalties instead of prison sentences. It is standard
German practice for judges to suspend prison sentences of two
years or less for all crimes, not just TIP-related crimes.
Suspended sentences are generally handed down to those, such
as drivers and telephone operators, who played an auxiliary
role in the crime. Those who receive suspended sentences are
often required to perform community service, pay damages,
and/or meet regularly with a parole officer.


C. Punishment for Labor Trafficking Offenses. Under the
2005 law, penalties for labor trafficking (Section 233),
including slavery and forced labor, range from six months to
ten years imprisonment. Under Section 233(a) (promotion of
trafficking) a recruiter in a source country could be
sentenced to six months to ten years in prison. Section 233
covers the employers or agents who exploit a victim's
"helplessness" to bring him/her into slavery, bondage, debt
peonage, or exploitative working conditions. Attempted labor
trafficking is also punishable under both sections. Because
Sections 233 and 233(a) became effective in 2005 and because
of the time-intensive nature of labor trafficking
investigations, comprehensive statistics on the number of
investigations, prosecutions, and punishments handed down are
not yet available.


D. Rape/Sexual Assault Penalties. The penalty for rape under
Section 177 of the Penal Code is two to fifteen years
imprisonment. This sentence is commensurate with penalties

BERLIN 00000459 011.4 OF 017


for other serious crimes. Forcible sexual assault is
punishable by one to ten years in jail. Sexual assault of
children is punishable by imprisonment from six months to
fifteen years.


E. Legal Situation of Prostitutes. Prostitution in Germany
is legal, but highly regulated and restricted in practice.
Communities have the authority to ban prostitution or to use
zoning ordinances to exclude its practice from specific
areas, usually city centers and residential neighborhoods.
Prostitutes who violate this ban can be fined and charged
under Section 184(d) of the Penal Code. The 2004 conviction
statistics list 180 convictions under this section. The
minimum age for prostitution is eighteen years.

The 2002 Law to Regulate the Legal Status of Prostitution was
part of a wider effort to improve the social and legal
situation of prostitutes. Prostitutes may now contribute to
social security and unemployment, health care, and retirement
insurance. Furthermore, prostitutes may participate in
Laender-offered retraining and assistance programs. The
German government completed an evaluation of the effects of
the law that was published in January 2007. The evaluation
concluded the legislation established a legal framework to
improve the legal and social situation of prostitutes, but in
practice little use was made of these new tools. The report
also recommended additional measures to improve the situation
of prostitutes; greater emphasis on programs to help
prostitutes get out of prostitution; additional programs to
educate clients; and improvements in protection programs for
trafficking victims. In a public statement in January 2007,
Family Minister von der Leyen said the German Government does
not consider prostitution a suitable form of employment and
noted the Ministry's primary goal is to help individuals get
out of prostitution (ref B).

Legal Status of Brothel Owners/Clients/Pimps.

Brothel Keepers. Brothel keepers or landlords are criminally
liable under Section 180(a)(I) of the German Penal Code if
they hold prostitutes in personal or financial dependency, or
if they employ a person under 18 as a prostitute. In 2004,
fourteen adults were convicted under this section of the
penal code. In January 2007, the Family Minister announced
the German government plans to review ways to increase
penalties for landlords who exploit prostitutes by charging
exploitatively high rent to make them on par with penalties
for pimps (ref B).

Clients. Section 182(II) of the penal code criminalizes
clients who solicit sexual services from a person under the
age of 16. Because the age of legal consent is 16, clients
of voluntary prostitutes who are sixteen or seventeen years
old currently do not commit a crime. In late 2006, the
government submitted legislation to parliament to raise the
"protection age." The new bill will criminalize clients who
patronize prostitutes younger than 18. The bill also
criminalizes an attempt to do so and holds liable any
perpetrator over the age of 13. Currently, only perpetrators
over 18 may be prosecuted. The bill is designed to improve
the protection of juveniles from sexual exploitation and
implement the 2003 EU Framework Decision to combat the sexual
exploitation of children and child pornography. Family
Ministry officials expect the legislation to be passed by
spring of 2007.

The November 2005 agreement of the then newly elected
governing coalition stipulated that the government should
review ways to punish clients of forced prostitutes. The
Family Minister reiterated this plan in January 2007 and
announced the Merkel government plans to draft a law to
criminalize clients who knowingly patronize trafficking
victims or forced prostitutes. The expressed intent of the
law is to reduce dmand and serve as a signal for clients
(ref B).
Pimps/Enforcers. Pimping, defined as exploiting a
prostitute, controlling/arranging the services o a
prostitute for monetary gain, or impairing a rostitute's

BERLIN 00000459 012 OF 017


financial or personal independence, is a crime under Section
181(a) of the penal code (71 convictions in 2004). The
maximum sentence is five years. Pimps who induce persons
under 18 to prostitute themselves are criminally liable under
Section 180 (14 convictions).


F. Number of Trafficking Investigations/Convictions. During
2005 German law enforcement officials conducted a number of
high profile TIP raids and prosecutions that led to the
break-up of trafficking rings. For example, in June 2006
court hearings began in a criminal case against ten members
of a Hamburg organized crime group charged with membership in
a criminal organization, trafficking in persons for the
purpose of sexual exploitation, and pimping. According to
the Hamburg Public Prosecutor,s Office, the gang forced 196
German women into prostitution between 2001 and November
2005, held them under restrictive conditions, and withheld
most of their earnings. In December 2006 the Hamburg
regional court released the defendants on bail. The
proceedings are expected to continue through the spring of

2007. Hamburg police reported to consulate staff in February
2007 that charges against the gang will be lowered to 41
cases of trafficking of persons under the age of 21 and ten
cases of pimping in order to obtain the highest possible
penalties.

Sex Trafficking Statistics. The latest statistics available
are for 2005. The 2005 BKA report lists 317 completed
pre-trial investigations for sex trafficking crimes. In
2005, the BKA adopted a new approach for tracking TIP-related
cases that tallies the number of investigations concluded,
rather than the number launched, in a given calendar year.
In comparison, the number of trafficking investigations
launched in 2004 was 370. The BKA report cautions that the
expansion of the EU -- which ended visa requirements for the
new Eastern European and Baltic members -- made it more
difficult for police officials to identify TIP victims
because of the reduced opportunities to use charges of human
smuggling and immigration violations as starting points to
launch trafficking investigations.

The Federal Statistics Office publishes conviction and
sentencing statistics for all crimes each year. The
statistics are available on the Internet at
http://www.destatis.de. This detailed and comprehensive (ca.
470-page) compendium lists convictions, sentences, time
served, nationality of the offenders, first-time offenders,
and juvenile offenders, along with other data. Statistics
for 2005 are not yet available. In 2004, 137 adults and four
juveniles were convicted on charges of sex trafficking.
Government statistics on trafficking convictions generally
under-represent the total number of accused traffickers
sentenced and under-report the severity of sentences handed
down (ref I). For instance, the statistics do not include
cases where traffickers were convicted on multiple charges
and one of the charges, such as rape or murder, carried a
higher maximum penalty. Moreover, in convictions categorized
under "trafficking," statistics report only the sentence
handed down for the trafficking violation and not the
aggregate sentence for all convictions.

An independent study completed by the Max-Planck
Criminological Institute concluded German prosecutors seek
maximum sentences for suspected traffickers by whatever means
they can, e.g., by dropping charges of trafficking in favor
of charges of human smuggling, tax evasion, or other crimes
in order to improve the chances of successful prosecution.

Labor Trafficking Statistics. According to a government
report, accurate and complete statistics on labor trafficking
provisions (put in place in August 2005) will not be
available until statistics covering CY 2006 are released, due
to the long-term nature of most investigations. Police
statistics from 2005, which included section 233(a)
investigations as of August 2005, listed one completed
investigation. In 2006, several major labor trafficking
cases received media attention. In October 2006, 700 federal
Illegal Employment Control Unit (FKS) officials searched

BERLIN 00000459 013 OF 017


facilities throughout Germany in connection with a labor
exploitation investigation against a group of five persons
suspected of labor trafficking and human smuggling. In
August 2006, German police and FKS officials raided more than
100 ice cream parlors as part of an investigation of an
organized crime ring believed to have smuggled thousands of
Eastern Europeans, some of whom were allegedly trafficked,
into Germany. In December 2006, four suspects were convicted
and sentenced to ten years in prison on charges of alien
smuggling. According to Interior Ministry officials, the
full range of related laws has been used to prosecute labor
trafficking cases.

Time Served. In Germany, prison sentences up to two years
for first time convicts are generally suspended, and
convicted persons are released on probation. The trial judge
decides whether to suspend a sentence or sentence probation
based on detailed rules of the Code of Criminal Procedure and
case law. By law, prison sentences over two years have to be
served, however release on probation is possible once
two-thirds of the sentence (and in some cases, half of the
sentence) has been served.


G. Trafficking Groups. The 2005 BKA Report on Organized
Crime found 6.9 percent of organized crime investigations
were related to pimping, trafficking, and gambling. Of the
683 persons suspected of sex trafficking reported to the BKA
in 2005, 283 (41 percent) were Germans. Of the 283 German
suspects, 57 were not born in Germany. The number of
suspects from Turkey was 71 (10.4 percent); Romania was 39
(5.7 percent); and Bulgaria was 38 (5.6 percent). No reports
exist on how and where profits from TIP are channeled. The
BKA seized assets in 23 of the 317 pre-trial investigations
in 2005, collecting 1.16 million Euros.


H. Investigation and Prosecution. In TIP investigations,
German police employ a full range of investigative
techniques, including wiretaps, electronic surveillance,
undercover operations, and offers of mitigated punishment for
suspects who cooperate with police investigations.


I. Training. Counter-TIP training is offered to police both
within and outside Germany. The BKA offers seminars to train
federal and LKA officers and border police in the
inter-disciplinary handling of TIP cases, as well as seminars
on investigating cases of sexual abuse of children.
Counseling centers and representatives from several different
ministries participate in these training programs. Laender
police conducted training to explain the effects of the new
counter-TIP legislation on law enforcement activities.

The National Training Academy for Judges and Prosecutors
managed by the Federal Ministry of Justice offers trainings
to prosecutors and judges that also cover issues of sexual
exploitation of women and children in connection with
cross-border crime. In 2006, training courses were offered
on organized crime, as well as dealing in judicial
proceedings with victims of sexual violence (including
children),and dealing with children as witnesses.


J. International Law Enforcement Cooperation. German law
enforcement authorities routinely cooperate with counterparts
abroad. Several bilateral police cooperation agreements with
neighboring countries have been reached (see PREVENTION G and
H). In June 2006, Germany and France, Spain, Belgium, the
Czech Republic and Luxembourg signed the Pruem Agreement,
which allows the countries to request and receive criminal
records from each through an automated electronic transmittal
system, including convictions of traffickers. Prior to that
time, information exchange on criminal records had to be
conducted through lengthy formal legal assistance procedures.
The Federal Interior Minister announced in February 2007
that Germany will seek to transform this instrument into an
EU-wide agreement. Germany provides legal assistance to
other countries requesting assistance and participates in a
number of regional initiatives (see PREVENTION H).

In August 2006, Germany and Vietnam concluded an agreement on

BERLIN 00000459 014 OF 017


combating serious and organized crime. The agreement
strengthens cooperation by allowing for coordinated
operations and increased information exchange. According to
the Interior Ministry, this agreement will make combating
significant areas of crime, such as human smuggling, human
trafficking, sexual exploitation of children and child
pornography, more efficient. In September 2006, Germany and
the Netherlands concluded a justice and police agreement that
brings police cooperation to a new level. The agreement
allows police forces of one country to conduct operations in
the other country if executed under the lead of this
country's police forces. This tool is especially useful for
large events. In October 2006, Germany and France signed a
police cooperation agreement that will allow the
establishment of joint investigative teams and improve
information exchange in trans-national crimes. In November
2006, the German and the Russian Justice Ministries concluded
a cooperation agreement to exchange experiences in the areas
of criminal law and enforcement of sentences.

German police cooperated closely on anti-trafficking
investigations with police in other countries -- EU member
states and non-member states -- during the reporting period.
For example, German police cooperated closely with Dutch
authorities in an anti-TIP investigation that disrupted a
major international network of traffickers and led to the
arrest of twelve suspected traffickers. Seven of the accused
traffickers were arrested in Germany in February 2007.

Strengthening the European border management agency FRONTEX
is a top German priority for its January-June 2007 EU
presidency. Germany's Interior Minister highlighted this
issue at the EU home affairs ministerial meeting in February

2007.


K. Extradition. Statistics on the numbers of traffickers
extradited are not available. Law enforcement sources report
the number of extradition requests is low because foreign
traffickers arrested in Germany are generally prosecuted in
Germany. Germany can extradite non-German citizens or
request the extradition of German and non-German citizens in
accordance with extradition treaties or the Federal
International Legal Assistance Code. Under the new EU arrest
warrant bill, adopted by the Cabinet and before Parliament
for approval, German nationals can be extradited to other EU
member states for the duration of their trials for those
accused of extraditable crimes, including TIP and sexual
exploitation.

L./M. No evidence came to the attention of the Embassy of
government involvement in or tolerance of trafficking.


N. Jurisdiction. Germany's sexual abuse laws have
extraterritorial effect. Countries of origin include the
Czech Republic, Thailand, Vietnam and other South East Asian
countries, as well as Brazil and Morocco. According to a
government report on child sex tourism published in 2005, the
BKA from 2000 to 2003 investigated an average of 21 Germans
annually for child sexual abuse in South East Asia, Brazil,
and other countries. ECPAT reported three cases in which
German tourists were prosecuted in Morocco for child sex
tourism in 2006.


O. Ratification of International Instruments. Germany
ratified ILO Convention 182 on April 18, 2002. Germany
ratified ILO Convention 29 on June 13, 1956 and ILO
Convention 105 was ratified on June 22, 1959. Germany
ratified the Optional Protocol to the Convention on the
Rights of the Child on the Sale of Children, Child
Prostitution, and Child Pornography on September 6, 2000.
Germany ratified the UN Convention on Transnational Organized
Crime and the Protocol to Prevent, Suppress and Punish
Trafficking in Persons Especially Women and Children, signed
on December 12, 2000, on June 14, 2006.

Germany is in the final stages of ratifying the Optional
Protocol to the Convention on the Rights of the Child on the
sale of children, child prostitution and child pornography.

BERLIN 00000459 015 OF 017


Germany signed the Protocol September 8, 2000. The Cabinet
approved the draft bill approving ratification in August

2006. It is now with the German Parliament for approval.
Amendments to the Penal Code to implement measures in the
Protocol are currently before the German Parliament as part
of a second bill that also implements requirements of the
2003 EU framework decision to combat the sexual exploitation
of children and child pornography. Germany signed the
Council of Europe Convention on Action against Trafficking in
Human Beings in May 2005, and is currently preparing for its
ratification in 2007.

--------------
PROTECTION AND ASSISTANCE TO VICTIMS
--------------


A. Residence Status. Germany grants TIP victims who reside
in Germany illegally a minimum of a four-week grace period
before deportation. Victims who agree to testify against the
trafficker are entitled to remain in Germany for the duration
of the trial. Thereafter, victims must be repatriated.
However, if they face threats to life, personal injury, or
freedom, a permanent residence permit may be granted.

The Federal Interior Ministry is currently drafting a bill to
implement the EU Council Directive 2004/81/EC from 2004 "on
the residence permit issued to third-country nationals who
are victims of trafficking in human beings or who have been
the subject of an action to facilitate illegal immigration,
who cooperate with the competent authorities." The draft law
is expected to codify formally the practice of granting a
30-day reflection period, which is currently granted based on
regulation vice statute.

Services and Health Care. German NGOs operate counseling
centers in approximately 45 German cities, providing
assistance and facilitating victim protection. Cooperating
closely with police authorities -- and in nine of sixteen
Laender through formal cooperation agreements -- the centers
help victims deal
with the German authorities, escort them to trials, and
provide them with shelter, legal counsel, interpreters, job
training, and related rehabilitation services. Victim
witnesses are entitled to financial support for basic living
expenses and basic health care under the Benefit Rules for
Asylum Seekers. These benefits are about 20 percent lower
than benefits afforded to the unemployed under the Federal
Social Welfare Law. Victims who have been battered are
entitled to long-term therapy, as well as pension and
disability payments under the Victims' Compensation Act, even
if they are illegal aliens.

In April 2006, the government-funded KOK published a brochure
that comprehensively explains the full range of benefits and
compensation claims to which TIP victims are legally
entitled. The publication is designed to inform victims,
counseling centers, and government agencies to ensure they
make use of all possibilities at their disposal.


B. Government Funding for Protection. Federal, state or
other public entities, as well as private donors, provide
funding for the 25 domestic NGOs that operate counseling
centers for trafficked persons. Counseling centers largely
depend on state resources. The GTZ is developing several
projects with foreign NGOs (see PREVENTION B).


C. Referral Process. A well-established referral process
exists in all Laender. In cases where a cooperation
agreement exists, the process is formalized. Authorities
must inform victims of their rights and with their consent
contact a counseling center. Victims are granted a minimum
four-week grace period to decide whether to testify against
their traffickers and, if they decide to testify, a temporary
residence permit. Victims who decline to testify are
generally deported, but in certain cases may apply for
asylum.


D. Victims' Rights. Victims' rights are respected. Victims

BERLIN 00000459 016 OF 017


are granted a grace period to stay in Germany. Victims are
not generally detained or fined, but placed with counseling
centers. The new counter-TIP legislation from February 2005
gives prosecutors more authority to decline prosecuting
victims who have committed minor crimes.


E. Victim Participation in Court Proceedings and
Compensation. The government encourages trafficked victims
to cooperate in the investigation and prosecution of TIP
cases. Victim witnesses are entitled to join as "joint
plaintiffs" in criminal proceedings against traffickers and
to have a lawyer free of charge. As joint plaintiffs, they
can actively participate in the proceedings, and are entitled
to pursue civil remedies, including claims for compensation,
in addition to the criminal proceedings.

The Victims' Rights Reform Law, enacted September 1, 2004,
expands the rights of crime victims in criminal proceedings.
The intent of the law is to reduce the psychological burden
on crime victims, to increase their procedural rights, and to
make it easier for victims to file claims for compensation
against traffickers. Joint plaintiff victims are now also
entitled to an interpreter. The law allows a third party,
e.g., a representative from a counseling center, to be
present when police question the victim. Police and
prosecutors are now required to inform victims of their
rights regarding witness protection, participation in the
trial, and access to an attorney free of charge.

In December 2006, another bill became law that improves the
protection of victims of juvenile offenders. The new law
allows victims to join as co-plaintiffs, and to make claims
for compensation in the trial, which was previously not
allowed if the offender was a juvenile.


F. Witness Protection. Several options exist in Germany
regarding witness protection programs. Victims may be placed
under police protection and the care of NGOs (see PREVENTION
A). Furthermore, prosecutors have the right to order
protective measures as deemed necessary (such as bodyguards,
testimony under disguise, etc.) for the duration of the
trial. In some cases, police witness protection programs may
relocate the victim to an undisclosed location with a new
identity.


G. Training. See INVESTIGATION H. In 2005, the North-Rhine
Westphalia police developed a manual on best practices for
combating trafficking crimes under the new legislation. The
BKA included a similar manual on its restricted access
intranet site for police officers in 2006 to make the
information widely available to police officers throughout
Germany.


H. Repatriation. The Federal and Laender governments share
equally in covering the basic costs for repatriation, e.g.,
travel costs and pocket money, under IOM's Reintegration and
Emigration Program for Asylum-Seekers (REAG program) in
Germany. From 1999 until mid 2005, 727 TIP victims were
repatriated under the program. In December 2006, IOM in
cooperation with the Bavarian government conducted a
conference on trafficking and on facilitating the return of
victims.

In 2004, the EU Social Fund, working through the Federal
Ministry of Economics and Labor, granted IOM Germany funds
(so-called EQUAL funds) to launch a program, which runs
through 2007, for reintegration programs for TIP victims.
Since October 2005, IOM Germany and eight NGOs have
implemented EQUAL projects ranging from professional training
for TIP victims, to creating a database on reintegration
issues for counseling centers, as well as conducting research
projects.


I. NGOs. International organizations and NGOs that work
with victims include IOM (details under H.),faith-based
organizations (Solwodi, Misereor, Caritas),ECPAT, and
Terre-des-hommes. Cooperation among numerous local NGOs and
local authorities is close and in several Laender has been

BERLIN 00000459 017 OF 017


formalized.

--------------
BEST PRACTICES
--------------

German anti-TIP measures enacted in connection with the 2006
World Cup merit serious consideration for inclusion among
best practices in the 2007 TIP Report. The German
government, police, and NGOs initiated planning for the event
in mid-2005. The comprehensive prevention and protection
measures implemented were unprecedented and have received
widespread recognition. The Swedish International
Development Agency (SIDA) and IOM credited these extensive
measures with preventing the increase in trafficking during
the World Cup that many had expected and feared. (Copies of
informational pamphlets and other materials have been sent to
G/TIP via unclassified pouch.) The German approach is a
model for other countries planning to host similar
large-scale international sporting events (see refs D,G,J,K).

German law enforcement authorities started to develop police
strategies and concepts to prevent and investigate crime,
including trafficking, during the World Cup as much as one
year before the games commenced. These measures included an
overall World Cup National Security Concept, a state-federal
law enforcement information-sharing framework, greater police
presence in red-light districts, additional inspections and
raids, selective reinstatement of border controls, and other
measures. Politicians and public figures at all levels
actively promoted anti-TIP efforts during the World Cup.

The government funded a number of the major campaigns
conducted by NGOs nationwide, as well as a telephone hotline
for TIP victims and potential clients. Posters displayed in
key areas throughout Germany and flyers available at places
where fans gathered to watch games/events on large outdoor
screens, are only a few examples of the scope of the
campaigns. The issue of trafficking reached an audience
larger than previous anti-TIP campaigns and triggered debates
in all Laender parliaments.

As a result, only five cases of sex trafficking in connection
with the World Cup were confirmed, and several reports by the
German and Swedish governments, as well as the IOM and
several anti-TIP NGOs, concluded that Germany's counter-TIP
efforts in connection with the World Cup were successful.
The EU is evaluating Germany's experiences to develop best
practices for future large events. A number of countrieshave already contacted the German government to lern from
Germany's counter-TIP experiences.

Th scope and depth of counter-TIP initiatives at alllevels
throughout Germany in connection with the 006 World Cup has
been unsurpassed by any other ountry hosting a large sports
event. It serves s a model for all other countries.

Mission hour spent researching, compiling, and clearing thisreport:

-- Drafter: FS-02: 30 hours; FSN-11: 100 hours.

-- Clearance: FE-MC: 7 hours; FE-OC: 1 hour; FS-01: 2 hours;
FS-02: 1 hour; FS-02: 2 hours; FS-03: 6 hours; FS-03: 1 hour;
FS-04: 4 hours; GS-01: 1 hour; FSN-10: 4 hours; FSN-10: 2
hours; FSN-10 1 hour; FSN-10: 3 hours; FSN-10: 4 hours.

-- Approval: FE-OC: 2 hours.

KOENIG