SLOVAKIA ANNUAL REPORT ON TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 13 BRATISLAVA 000138

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EUR/NCE, G/TIP, EUR/PGI, G, INL, DRL, PRM
STATE PLEASE PASS TO USAID

E.O. 12958: N/A
TAGS: PGOV KCRM PHUM KWMN ELAB SMIG KFRD PREF ASEC
LO
SUBJECT: SLOVAKIA ANNUAL REPORT ON TRAFFICKING IN PERSONS

REF: A. 06 STATE 202745

B. 06 BRATISLAVA 817

C. 06 BRATISLAVA 979

BRATISLAVA 00000138 001.2 OF 013



1. (U) Embassy TIP Point of Contact:

Name: Tanya Spencer
Position: Political Officer
Phone: 421 2 5922 3277
Fax: 421 2 5922 3109
E-mail: spencertk@state.gov

Total time to complete TIP report:
FSNs: 33 hours
FS03: 40 hours
FS02: 2 hours
FS01: 1 hour

--------------

2. (SBU) OVERVIEW OF ANTI-TRAFFICKING
ACTIVITIES
--------------


A. A COUNTRY OF ORIGIN AND TRANSIT

Slovakia is considered a transit and a source country for
trafficking in persons. The International Office for
Migration (IOM) states that due to the small number of
known victims who are third country nationals or those
trafficked only within Slovak borders, the country cannot
be classified as a destination country, though IOM and the
government both admit that some women may be forced to work
briefly in Slovakia while in transit to their final
destinations in western Europe. The Government of Slovakia
does not yet fully comply with the TVPA's minimum standards
but is making significant efforts to do so.

Based on the fact that NGOs and authorities deal only with
those who identify themselves to the police and the
underreported nature of the crime, the IOM estimates
between 150 to 200 individuals, mostly women in their late
teens and 20s, are trafficked per year. During the
reporting period, NGOs dealt with approximately 60
repatriated victims of trafficking and a few foreign
victims. Police investigations during 2006 revealed 31
victims, 29 women and 2 men. IOM has conducted two
extensive studies on the trafficking problem in Slovakia
and considers its estimates reliable. NGOs and IOs concede
that their workers are only in contact with a fraction of
the victims of trafficking.

Slovakia launched more police investigations of suspected
traffickers and sentenced more traffickers than in previous
years. The Ministry of Interior (MOI) maintains official
statistics regarding investigations; the General
Prosecutor's office maintains statistics regarding
prosecutions and convictions.

Most trafficking cases involve young women from regions in
Slovakia with high unemployment. Traffickers frequently
recruit women through employment schemes. In previous
years, experts theorized that most Slovak victims were
likely Roma, a traditionally economically underprivileged
ethnic group in Slovakia. However during the reporting
period, less than half of the NGO-identified victims were
Roma, though this is still noticeably out-of-proportion to
the approximately eight percent of the Slovak population
comprised by the Roma. Roma victims, in particular, are
likely to know their traffickers. Some Roma women enter
into prostitution knowingly, fleeing the conditions of an
abusive home or poor living conditions in a Roma settlement
(or shantytown),and become victims of trafficking in the
destination country.


B. SLOVAKIA RESUMES MOMENTUM AGAINST TIP

The forward momentum generated in early 2006 with the

BRATISLAVA 00000138 002.2 OF 013


passage of the National Action Plan to Combat Trafficking
in persons stalled for several months mid-year when the
National Coordinator's position sat vacant after a new
government came to office. Focus returned to the issue in
October 2006 when the Slovak Republic raised the profile of
TIP by naming MOI State Secretary (equivalent to Deputy
Minister) Jozef Bucek as the second National Coordinator in
the Fight Against Trafficking in Persons. He, in turn,
created a high-level inter-ministerial expert group on TIP,
which met for the first time in December 2006. This group
gives more political weight to efforts to fight trafficking
than the previous working group, which has been redirected
to work solely on prevention activities.

In December 2006, the Slovak parliament passed a law
allowing for a renewable 40-day "tolerated stay" for
foreign victims of trafficking. Experts view the law as a
significant step forward but cite technical concerns with
the wording of the law.

In February 2007, the National Coordinator signed
agreements with three NGOs for one year pilot projects to
identify and provide shelter and services to victims of
trafficking. The National Coordinator has been working with
the United Nations Office on Drugs and Crime (UNODC) to
update an agreement aimed at strengthening the legislative,
investigative, prosecutorial, and technical capability of
Slovakia to fight trafficking. The renewed agreement, for
which UNODC will provide over USD 300,000 in funding, is
expected to be signed by late March.

According to the Police Anti-TIP unit and NGOs, most of the
victims trafficked through Slovakia likely continue to come
from the former Soviet Republics (especially Moldova and
Ukraine),Bulgaria, the Baltics, the Balkans and China, and
are trafficked to the Czech Republic, Germany, Switzerland,
Italy, Austria, the Netherlands, United Kingdom, Spain,
Croatia, and Slovenia. Slovak victims usually come from
economically depressed regions of Slovakia, including from
the Roma minority population.

Victims who have been returned to Slovakia are usually
young females in their late teens or early 20s. Many
report being trafficked after accepting offers from
relatives, acquaintances, or unlicensed agencies to arrange
for work abroad. Some consciously enter into prostitution
only to become trafficked at a later date.

Most experts agree that the increased number of repatriated
victims helped by NGOs represents a greater awareness of
the problem and the resources available for victims rather
than an upswing in the number of Slovak TIP victims. A
minority of experts suspects an increase in the overall
number of victims but does not believe that it would be
substantial.


C. GOVERNMENT LIMITATIONS

Though the government has designated the MOI as the leading
ministry for anti-TIP efforts, the MOI does not have an
ongoing TIP office, a permanent staff of TIP experts, or a
guaranteed budget. This lead to a stall in activities
while the National Coordinator's seat sat vacant for
several months in 2006. Some projects in advanced planning
stages under former Coordinator were shelved after he
left. As the new Coordinator came up to speed, he
developed his own priorities and selected different
projects. The government's depth of expertise in combating
TIP is still in a nascent stage. Relevant government
offices (e.g., Migration Office, Prosecutor's Office,
police academies) lack across-the-board institutionalized
training, though the number of individuals within these
offices gaining awareness about TIP is growing.

The National Coordinator's budget to fight trafficking
remains low at SKK 2 million (around USD 76,000). The
money comes from the general budget of the Ministry of the

BRATISLAVA 00000138 003.2 OF 013


Interior. One of new National Coordinator's strategies is
to help NGOs and other actors apply for European Union
funds. The government faces severe financial constraints in
other areas as well, which inhibits the ability of certain
institutions to work most effectively. For example, the
Police Anti-Trafficking Unit lacks funds for language
training that would facilitate improved international
cooperation. No dedicated shelters for trafficking exist
yet in Slovakia. Plans to open a dedicated shelter have
been put on hold while the MOI, in conjunction with an NGO,
tries another model - maintaining a supply of individual
apartments scattered across the country. Domestic violence
activists frequently complain about the lack of facilities
for abused women, some of whom are trafficking victims.


D. GOVERNMENT SELF-MONITORING

The MOI provides internal assessments and baseline
information regarding the nature of trafficking in
Slovakia. In April 2007, the MOI will present its first
annual report on the implementation of the National Action
Plan to Combat Trafficking in Persons. Individual offices,
such as the Police Anti-Trafficking unit, share their
statistics on trafficking. IOM Bratislava conducted the
most complete research based on focus groups, press
monitoring, interviews, and available official statistics
from embassies. A La Strada study has reported Slovak Roma
women trafficked to Prague or Czech border towns near
Germany, and anecdotal evidence from returned victims
suggests this information is still valid.

--------------

3. (SBU) PREVENTION ACTIVITIES
--------------


A. ACKNOWLEDGMENT OF THE PROBLEM

The Slovak government and officials acknowledge trafficking
in persons as a problem. In October, the country's second
National Coordinator was appointed. At the State Secretary
level, the new National Coordinator and his high-ranking
inter-ministerial expert group bring a higher political
profile to the issue than it previous had.


B. GOVERNMENT AGENCIES

The MOI is the ministry most actively involved in combating
trafficking, gathering information, investigating cases,
protecting witnesses, and cooperating with the NGO sector;
it is also the Ministry to which the National Coordinator
belongs. Falling under the Police Anti-Organized Crime
bureau, the Anti-Trafficking unit, which has 10 dedicated
officers, coordinates most activity regarding trafficking
both within Slovakia and with INTERPOL; members of the unit
have traveled overseas to participate in seminars and
training. The unit documents and investigates crimes,
monitors known places of prostitution, investigates
suspicious travel or employment schemes, and contributes to
public awareness by giving presentations at conferences and
conducting training. The Border and Alien police are
responsible for monitoring border crossings for evidence of
trafficking, with the customs directorate and the MFA also
playing a role.

The Equal Opportunity Office at the Ministry of Labor and
Social Affairs (MOL) supports NGO activity through grants,
manages the implementation of international protocols
regarding worker's rights, and passed a National Action
Plan for the Reduction of Violence Against Women in 2005
which dovetails with the National Action Plan to Combat
Trafficking in Persons. The Ministry of Education
coordinates with IOM to bring TIP awareness discussions
into high school classrooms. The MOJ is responsible for
strengthening safeguards for victim protection. The
General Prosecutor is responsible for the prosecution of
traffickers, and reported increases in both the number of
investigations and the number of charges filed during the

BRATISLAVA 00000138 004.2 OF 013


last reporting period.

Prevention activities are coordinated by an MOI working
group while overall activities are coordinated by the new
MOI expert group. The budget for programs developed by the
working group comes from the MOI's criminal prevention
budget, which is in addition to the TIP budget. The
criminal prevention unit has put out several requests for
proposals in which TIP awareness plays a part, including a
targeted training project for mayors and teachers in towns
near the Ukrainian border. The MOI 2007 TIP budget
allocates SKK 300,000 (USD 11,490) for education of
government employees.


C. ANTI-TRAFFICKING CAMPAIGNS

Government officials and agencies cooperated with NGOs on
anti-trafficking information and education campaigns,
mostly targeting potential trafficking victims. The Slovak
NGO Dotyk, which signed a cooperation agreement with the
MOI in February, distributes multi-lingual leaflets, which
instruct victims on how to seek help, in areas where
potential victims are likely to be found, and also raises
awareness of the issue. IOM trained Slovak military
personnel assigned abroad - particularly on peacekeeping
missions - to identify and report potential trafficking
victims they may encounter. The Ministry of Education
continues to assist in the organization of discussion
groups in a number of schools and to distribute handbooks
about working abroad legally associated with this project.
NGOs are using government and EU support to implement
creative awareness campaigns including films and theater
performances. The MOI's 2007 TIP budget includes SKK
200,000 (USD 7,600) for awareness promotion.


D. OTHER PROGRAMS

NATIONAL ACTION PLANS

The government continues to implement the National Action
Plan for the fight against trafficking in persons, which
passed in January 2006. The plan calls for the
establishment of an increased network of victim support
services (specifically regarding legal, psychiatric,
medical, and social assistance),the creation of
repatriation protocols for Slovak victims identified
abroad, and increased media and youth outreach campaigns.

The policy statement issued by the new government, and
approved by parliament in August, named gender equality and
the elimination of domestic violence as priorities.
However, the government has not yet offered new initiatives
in these areas, though it has maintained existing
programs. The National Action Plan for Women elaborates
the governmental strategy for women for the next ten years
in the areas of health, education, and political rights.
The National Action Plan for the Reduction of Violence
Against Women, which includes trafficking in persons, was
passed in June 2005.

The government continues to invest in transforming large
state orphanages into small family based care, with a
special emphasis on strengthening the foster care system.
This system has proven effective within some Roma
communities. UNHCR reported that the government's
migration office made improvements which tripled the
capacity of a shelter specifically for unaccompanied minors
who enter Slovakia illegally. UNHCR feels that the shelter
helps protect minors from being preyed upon by
traffickers. In light of the fact that many Slovak
trafficking victims are lured by false promises of
legitimate jobs abroad, the Ministry of Labor, Social
Affairs, and Family has a direct number that interested
persons can call to verify the legitimacy of Slovak
recruitment agencies.


E. RELATIONSHIP BETWEEN GOVERNMENT AND NGOS

BRATISLAVA 00000138 005.2 OF 013



Cooperation exists between the government, NGOs, foreign
embassies, and other international organizations focused on
trafficking through working groups and committees. Police
worked with NGOs to receive training on victim
identification and assistance, and are required by law to
inform victims about how and where to find local support
services. NGO leaders stated that police have begun to
contact them directly about certain cases and communication
continues to improve. One of the three NGOs that signed
cooperation agreements with MOI in February noted a
positive improvement in the responsiveness of the police
after the signing.

NGOs and IOM both report that the government's attitude
towards trafficking has improved significantly in the past
several years, and one NGO noted that anti-trafficking
organizations that can demonstrate results have no problem
finding government financial support.


F. MONITORING OF BORDERS

The MOI has continually strengthened border protection
mechanisms and improved cross-border cooperation,
particularly to gain eligibility for the Schengen Treaty in

2008. However, Slovakia continues to be a transit country
for illegal migrant smuggling to Western Europe. Police
continue to have success combating this crime, making
significant progress - specifically along the Ukrainian
border - in breaking up smuggling rings.

The asylum process in Slovakia continues to have problems
managing the flow of migrants. UNHCR has criticized the
process and urged improvements, including a review of the
decision-making techniques used by the interviewing staff
members. The number of asylum cases granted remains below
one percent.

UNHCR believes that the majority of smuggled or trafficked
persons "disappear" by terminating their asylum cases after
being registered at reception and refugee facilities.
Slovakia has made progress in deterring illegal migration
across its borders: in the past year, the number of new
asylum cases decreased by 19 percent, and the number of
asylum seekers who terminate the procedure decreased 34
percent, from 2,930 people in 2005 to 1,940 in 2006. UNHCR
notes that better implementation in recent years of
Slovakia's Readmission Treaty with Ukraine has reduced the
number of migrants who seek asylum in Slovakia after
crossing the Slovak/Ukrainian border.

NGOs monitoring asylum camps have hypothesized in the past
that some women, especially Ukrainian and Moldovan asylum
applicants, may fall victim to traffickers for the purpose
of sexual exploitation along this route; however, no
research has been conducted in this area. The Alliance of
Women has commented in the past that NGOs should have more
access to women and unaccompanied minors throughout this
process. The MOL funded two organizations to create
facilities for unaccompanied minors, and the law allows
other organizations, besides solely the Migration Office,
to serve as legal guardians for this population. NGO field
workers in asylum centers believe that all involved would
benefit from TIP awareness training, including themselves,
Migration Office staff, and the asylum-seekers.

NGOs and IOM also continue to conduct police training and
have cooperated with border police to identify potential
trafficking victims among migrant populations. This
cooperation with police has increased and is generally
positive, according to NGO reps.


G. INTER-GOVERNMENTAL COORDINATION

The National Coordinator at the MOI is the point for
inter-governmental coordination on trafficking. Within his
office, he has designated one person to be the

BRATISLAVA 00000138 006.2 OF 013


working-level point of contact. The National Coordinator
convened a high-level expert group in December to approve
strategies to fight trafficking in persons. The group is
designed to have the political weight to enforce measures
to combat TIP. However, it has less depth of experience
and intends to meet less often, possibly as little as once
a year, than the previously established working group. The
new group includes Directors and State Secretaries from
MOI, MOJ, MOL, Ministry of Finance, Ministry of Health,
MFA, the office of the Deputy Prime Minister, the General
Prosecutor, three NGOs, and IOM. The existing
inter-governmental working group, comprised of various
Ministry stakeholders as well as representatives from the
police, will continue to meet but with a redirected focus
on prevention activities. In addition, many agencies serve
on IOM's steering committee, the Committee for the
Prevention of Criminality, and the MOJ Working Group for
Victim Protection. The GOS has had an anti-corruption
office in operation since 2001, however its Director left
after the change in government in July and has not been
replaced. While the government anti-corruption office is
not currently active, a special prosecutor and a special
court against corruption are now in their second year of
operations to deal particularly with high-level corruption
cases.


H. NATIONAL ACTION PLAN OF ACTION

The government approved its first National Action Plan for
the Fight Against Trafficking in Persons in January 2006,
written by an inter-ministerial working group which also
included IOM and one NGO. The Action Plan prioritizes the
additional steps to be taken by the government, placing
first priority on creating an increased victim support
network focusing on providing victims with legal,
psychiatric, medical, and social assistance. The National
Coordinator explained that three of the 19 tasks remain,
twelve were completed and four are continuously on-going.
Some NGOs and IOs, while pleased with the plan itself, have
indicated that not every task which has been checked off
the list has been thoroughly implemented.

--------------

4. (SBU) Investigation and
Prosecution of Traffickers
--------------


A. LEGAL FRAMEWORK

Starting in January 2006, the amended criminal code
provides for wider definitions and stricter punishment of
trafficking in persons than the previously existing
anti-trafficking legislation. TIP is defined and
criminalized through Section 179 in the Criminal Code.
Trafficking in children is a separate crime, covered by
sections 180 and 181. Other related legislation includes:
Section 367 on Procurement (Pimping),Section 208 on
torture of a close person or person in one's charge,
Section 371 on endangering morality. New amendments state
explicitly the extra-territorial nature of this crime and
acknowledge that the crime also entails fraudulent means,
violence, threat, or other forms of coercion to elicit
agreement from a victim older than 18 years (for section
179) for the crime of trafficking. These laws are being
used in trafficking cases and adequately cover the full
scope of trafficking.

In December 2006, parliament passed a law allowing for a
renewable 40-day "tolerated stay" status for foreign
victims of serious crimes, including trafficking in
persons. The law came into effect in January 2007. See
paragraph 5.A for further details.

Parliament amended and ratified relevant trafficking
legislation to conform to EU directives and UN
requirements. The UN Protocol to Prevent, Suppress and
Punish Trafficking in Persons, Especially Women and

BRATISLAVA 00000138 007.2 OF 013


Children, supplementing the United Nations Convention
against Transnational Organized Crime was signed November
2001, ratified by Parliament in August 2004, and approved
by the president in August 2004. Last year, parliament
passed a law on victim assistance requiring police to
provide victims of any crime information on organizations
that can help them. Organizations for victims of
trafficking stated that this is helping foster closer
cooperation between law enforcement officers and active
NGOs.

Slovakia is a signatory to all international agreements
relating to trafficking in persons and most multilateral
conventions on combating organized crime. The country
participates in all EU structures and working groups in the
field of justice and home affairs that seek to monitor and
control trafficking in persons. According to UNHCR,
Slovakia incorporated higher standards into its laws than
the EU minimum requirements for protection of refugees and
asylum seekers.


B. PENALTIES FOR TRAFFICKING

The GOS increased the minimum sentences for trafficking in

2006. The provision on trafficking (both for the purpose of
sexual and labor exploitation) states that any person, who
entices, enlists, transfers or receives another person to
or from abroad with the intention to engage such person in
sexual intercourse or exploitation is liable to a term of
imprisonment of four to ten years. A four to ten year
sentence is also applicable to a person who exploits
another person through forced labor, involuntary servitude,
slavery, or other similar forms of exploitation. The
penalty increases to a seven to 12 year prison term if a)
the perpetrator gains considerable profit, b) the offense
is committed against a protected person, c) the offense is
committed with a special motive, or d) the offense is
committed in conjunction with another grave illegal
activity, such as organized crime. The penalty increases to
12 to 20 years if a) the perpetrator gains extensive
profit, b) the offender causes serious bodily harm or death
or other extraordinarily serious effect, or c) the offense
is committed as a member of a dangerous group. Lastly, a
term of 20 to 25 years can be applied if the perpetrator
gains large scale profit or causes serious bodily harm to
or the death of multiple persons.


C. PENALTIES FOR LABOR TRAFFICKING

The penalty for trafficking for labor exploitation is the
same as for trafficking for sexual exploitation. See
paragraph 4.B above.


D. PENALTIES FOR RAPE

The government increased the minimum and maximum penalties
for rape, which are on par with those of trafficking, in

2006. The sentence for rape is five to 10 years'
imprisonment and could be increased to seven to 15 years
depending on the age of the victim or whether violence was
used. The sentence may be further increased to 15 to 20
years if the act results in serious bodily harm, and 20 to
25 years if the perpetrator causes the death of the victim
or the crime is committed in a crisis situation. In 2006,
police investigated 174 claims of rape, and brought charges
in 103 cases.


E. PROSTITUTION

Prostitution is not explicitly forbidden in Slovakia, nor
is it regulated. The Criminal Code prohibits pimping
activities, including coercing or taking advantage of or
gaining from the prostitution of others. Sentences range
from one to 15 years depending on the age of the victim,
method in which the crime was committed, whether organized
crime was involved, and whether the crime resulted in
bodily harm or death. If the offense involves children

BRATISLAVA 00000138 008.2 OF 013


under the age of 15 or between 15 and 18, the Criminal Code
adds three to 10 and seven to 12 years to the sentences
respectively. Because prostitution is not regulated, there
is no minimum age at which a person may legally choose to
be a prostitute. However, the minimum age of consensual
sex is 15. Sex with a minor aged 14 or younger is
considered statutory rape regardless of the circumstances.
Local governments can prohibit the offer of sexual services
in public places and offenders can be fined.


F. PROSECUTION OF TRAFFICKERS

In February 2007, Slovak police arrested seven members, two
Slovenes and five Slovaks, of an international trafficking
ring for sexual exploitation. They had charged a Slovene
woman, the reputed leader, and two Slovaks the previous
December in the same case. According to police statistics,
police opened 20 investigations of TIP cases, one of which
was for child trafficking, in 2006. One case during 2006
involved labor exploitation of a Slovak to the United
Kingdom. These police statistics show an increase in the
number of new investigations compared to the previous year,
when 16 new cases, two of which involved child trafficking,
were opened.

According to the General Prosecutor, the number of
trafficking cases handled by the prosecutor's office was 32
(28 for trafficking in persons, four for trafficking in
children) in 2006, compared to 47 in 2005. (Trafficking
cases, which are generally complex, often remain under
prosecution for several years. The police statistics show
newly opened cases while the prosecutor's statistics
combine all active cases, meaning new plus ongoing ones,
thus accounting for the difference in figures.) In 2006,
the courts convicted 18 traffickers. (NOTE. We received
statistics in January from the MOI that 24 traffickers,
including eight under the child trafficking provision, were
sentenced in 2006. The MOJ has now provided statistics
that courts convicted 18 traffickers but none for child
trafficking. We are trying to find to find out which
version is correct. For the moment, since MOJ has
jurisdiction over the courts, we will defer to its figure.
END NOTE.) Sentences varied as some perpetrators were
tried under earlier statutes and some under the newer,
harsher statues. Three convictions were handed down in

2005. Early releases are not a formal part of the Slovak
legal system; therefore the lengths of sentences are
standard for those convicted and the government confirms
that traffickers are serving the time in prison. Plea
bargaining was introduced to the Slovak legal system in
2006, though the prosecutor's office did not use this
method to resolve TIP cases. Prosecutors have not received
special training for trafficking in persons.


G. PERPETRATORS

According to the testimony of some victims and offenders,
trafficking in Slovakia is usually an organized criminal
activity. Small-scale Slovak perpetrators feed victims
into larger international syndicates at their
destinations. Organized trafficking groups consist of
Germans, Czechs, Russians, Ukrainians, Albanians, Italians,
Macedonians, Poles, or Slovenes. Among Roma, trafficking
tends to be perpetrated from within the community. Male
and female Slovak traffickers usually have prior knowledge
and direct experience in the sex industry in Western
Europe. They typically utilize employment or hostess
agency schemes, but also rely on personal connections with
women. In a 2004 case, famous photographers, businessman,
and makeover consultants were accused of collaborating with
a Slovak hostess agency that reportedly solicited 230
women, in some instances using coercion, in both the Slovak
and Czech Republics. There have been no convictions of any
governmental officials in crimes related to trafficking in
persons. There were no reports about where profits from
trafficking were channeled. Police have theorized that the
profits from trafficking are used to expand the illegal

BRATISLAVA 00000138 009.2 OF 013


activities of the perpetrators. The pending UNODC project
includes a segment on analyzing the trends of the
perpetrators and their modus operandi.


H. INVESTIGATION OF CASES

The government actively investigates cases of trafficking.
After the creation of the specialized anti-trafficking unit
at Police Headquarters, the country participated in
numerous international investigations and had several
successful arrests. The Police utilize techniques such as
inspections of suspected places of prostitution, and
monitor internet sites actively. Two TIP experts from the
MOI traveled to the U.S. on an International Visitor
program in 2006 to learn more about police investigative
techniques. The pending UNODC project will assess law
enforcement capability and include training in
investigative techniques.


I. TRAINING

To date, the American Bar Association's Central European
and Eurasian Initiative (ABA/CEELI),IOM, and other NGOs
collaborated with MOI officials to provide
inter-disciplinary training concerning the treatment of
victims, trafficking indicators, and investigative
techniques. Currently, the 10 officers in the Police
Anti-trafficking unit located in Bratislava are fully
trained in TIP. Most police districts have one officer who
receives at least some additional instruction and, among
his/her other duties, serves as a point of contact with the
Anti-trafficking unit. For the rest of the police corps,
trafficking in persons is raised in educational modules at
the police academy concerning victim protection and human
rights. Several NGOs have stated that officers in general
are gradually becoming more aware of trafficking as a
discreet crime. More training is necessary for border
police, customs officials, and staff and social workers at
the refugee camps and asylum reception facilities.


J. INTER-GOVERNMENTAL COOPERATION

The GOS cooperated with a number of foreign governments in
the investigation and prosecution of trafficking cases. The
police Anti-trafficking unit explained that most
trafficking cases require an international investigation.
Specifically, Slovak police have cooperated with the
Federal Criminal Bureau of Germany, the Austrian Criminal
Service, the police force of the Czech Republic, the
criminal service of the Slovene police, and others. Some
Slovak embassies abroad have a police attachQ who helps
with joint investigations. Many international
investigations occur in the framework of Interpol and
Europol, which Slovakia joined in 2003. The specialized
trafficking unit notes that the lack of English language
ability among Slovak police sometimes limits
investigations. No specific number of international
investigations is available.


K. EXTRADITION

Based on the Law on Criminal Court Procedures of 2002,
Slovakia can extradite persons for any crime with a
corresponding sentence longer than one year, except a crime
political in nature. Slovak citizens can only be
extradited when governed by a treaty signed by Slovakia.
The UN Convention against Transnational Organized Crime
allows for Slovakia to extradite traffickers. In February
2005, the government signed an updated bilateral
extradition agreement with the U.S. implementing the
U.S.-EU treaty which allows for the extradition of
non-Slovaks to the United States. During 2006, Slovakia
did not receive any requests to extradite a human
trafficker.


L. GOVERNMENT INVOLVEMENT IN TRAFFICKING


BRATISLAVA 00000138 010.2 OF 013


There is no evidence of governmental involvement in or
tolerance of trafficking. Despite governmental efforts to
combat petty corruption on the borders and among police,
the problem still exists. However, the criminal activities
of these individuals do not reflect institutional
acceptance on a local or national level. In general, women
involved in "sex business" in any way are viewed negatively
by society.


M. GOVERNMENT STEPS TO END INVOLVEMENT IN TRAFFICKING

According to police sources, there were no convictions of
police involved in trafficking.


N. CHILD SEX TOURISM

Slovakia is not identified as a destination for child sex
tourism. According to news reports and recent research,
Slovak victims under the age of 18 have been sighted on the
Czech-German border that has been known to attract
pedophiles. The trafficking in children law, like the
trafficking in persons law, reflects extraterritoriality.


O. INTERNATIONAL INSTRUMENTS

-- ILO Convention 182 concerning the elimination of the
worst forms of child labor: Ratified December 9, 1999
-- ILO Convention 29 Abolition of Forced Labor: Ratified
January 1, 1993
-- ILO Convention 105 Abolition of Forced Compulsory Labor:
Ratified September 9, 1997
-- Optional protocol to the UN Convention of the Rights of
the Child (CRC) regarding the sexual exploitation of
children and the sale of children: Ratified June 14, 2004
-- The Protocol to Prevent, Suppress and Punish Trafficking
in Persons, especially Women and Children, supplementing
the UN Convention Against Transnational Organized Crime:
Ratified August 25, 2004

--------------

5. (SBU) Protection and
Assistance to Victims
--------------


A. VICTIM ASSISTANCE

Approximately 60 trafficking victims sought and received
full or partial assistance from NGOs, including those using
MOI funding, and IOM during 2006.

In December 2006, the GOS passed a law allowing for a
renewable 40-day "tolerated stay" for foreign victims of
serious crimes, including trafficking in persons. This
status would give the victim the right to work. There are
some concerns that the law is not as thorough as it should
be to provide long-term protection to victims. One expert
has explained that the law, though a step in the right
direction, does not meet international standards. Police
would have the right to decline to renew the tolerated stay
if the victim decided not to cooperate with the law
enforcement investigation. Without the renewed stay, it
appears that the law, though as yet untested, would leave
the victim without legal status in Slovakia, thereby
subject to deportation. However, a foreign victim has the
right to apply for asylum and thereby receive "subsidiary
protection" status. UNHCR was impressed by the expedited
granting of asylum to a refugee identified as a previous
trafficking victim in late 2005. A legal assessment of the
new "tolerated stay" law is included in the UNODC
cooperation with the MOI, expected to be signed in second
half of March. In addition to the "tolerated stay" law,
the Slovak authorities are required to postpone deportation
of any third-country national who seeks to enter a witness
protection program or who claims asylum, thus providing
temporary residency status.

Access to legal, medical, and psychological services for

BRATISLAVA 00000138 011.2 OF 013


victims was the cornerstone of Slovakia's National Action
Plan, approved by parliament in January 2006. During the
course of 2006, the MOI cooperated on a case-by-case basis
with local NGOs, such as Victim's Support Slovakia, Dafne,
the Alliance for Slovak Women, and with IOM, in order to
locate temporary shelter and health services. Dafne and
Urobme received start-up funds from the GOS to establish
asylum facilities, but have not been able to raise
additional funds or secure proper locations. Several NGOs
noted that promises by the former National Coordinator to
contribute to systematic victims? assistance projects were
shelved after he left the MOI when the government
administration changed hands in July. In one of the three
cooperation agreements signed between the new National
Coordinator and NGOs in February, the MOI will provide
funding to Dotyk for all assistance necessary to
trafficking victims referred by MOI, including shelter,
health services, and more. However, the MOI will fund a
maximum of 40 days per victim. After that, Dotyk will use
other sources, such as provide donations, to continue care
and training for the victim as long as necessary and
feasible. The MOI agreement is a one-year pilot project to
assess the best model of assistance.

Slovakia does not have a dedicated shelter for trafficking
victims. The Dotyk model, currently supported by MOI
funding, is to maintain a supply of individual apartments
at different locations across the country. Dotyk has about
two dozen apartments available at any given time. The NGO
uses a private security firm to protect the victims, and
contracts out health, educational, and other services on an
as-needed basis. Other NGOs have various models, though
none have group shelters solely for trafficking victims.
Occasionally, trafficking victims are housed in shelters
for victims of domestic violence. This approach has had
mixed results, since trafficking victims have different
psychological needs to which domestic violence shelters,
which house a lot of children, are not conducive.


B. FUNDING FOR NGOS

During 2006, the MOI provided money to several NGOs to
support victims? services. In early 2007, the MOI signed
cooperation agreements with three NGOs, Dotyk, Prima, and
Storm, for various services. The government continues to
contribute to IOM expenses by providing basic materials and
a portion of rent.

The largest portion of 2007 MOI TIP budget, SKK 1.5 million
(USD 57,450) is allocated for victim support. While the
2007 SKK 2 million TIP budget is an increase over the 2006
TIP budget of SKK 1.9 million, it is unclear how much of
the 2006 budget was actually spent. It is possible that a
portion of the 2006 budget was rolled into the 2007
budget.

The Ministry of Labor administers grants to NGOs via the EU
PHARE program, and NGO representatives have been pleased
with the funding they have received in recent years. In
2005, the Ministry of Labor and Social Affairs received NGO
grant requests totaling SKK 1,080,340 (around USD 34,000)
for TIP programs; it awarded SKK 620,000 (around USD
19,800).


C. IDENTIFYING AND REFERRING VICTIMS

Police refer identified victims to NGOs, based on a law
requiring authorities to provide information about
organizations offering support services to potential
victims. The Anti-Trafficking Unit screens and refers
victims who are actively participating in the investigation
process or witness protection. IOM circulates multilingual
information to migrant communities at risk for
trafficking. Dotyk distributes brochures about
trafficking, in nine languages, in neighborhoods where
potential victims might be found.


BRATISLAVA 00000138 012.2 OF 013



D. RIGHTS OF VICTIMS

When an individual is identified as a trafficking victim,
the victim's rights are respected and he/she does not face
fines or jail sentences. However, it has been reported
that unidentified victims have been treated as illegal
migrants or prostitutes and have been detained or
deported. The Alliance of Slovak Women stated that access
to detained women or other potential victims in order to
determine whether the individual could be the victim of a
crime is minimal. Several NGOs note that as regular police
officers are gradually becoming more aware of trafficking
as a specific crime, they are more likely to recognize and
refer victims to NGOs.


E. LEGAL ACTION AGAINST TRAFFICKERS

In the past, trafficking arrests were mostly due to victim
complaints and follow-up cooperation, which the government
strongly encourages; in 2006, the government has
demonstrated an increase in investigations and convictions.
By law, victims may file civil suits or seek legal action
against traffickers. According to the IOM, victims are
reluctant to do so because of lengthy trials and the
perceived lack of psychological, financial, and legal
assistance, though the National Coordinator believes an
increased support network will help this perception. The
MOJ states there are provisions for the compensation of
victims, but many have difficulty finding legal
representation without adequate resources. The MOJ is now
currently implementing new EU directives that make the
state more liable for victim compensation. Slovakia has a
victims' compensation program. Victims who suffer serious
injury, whether physical or mental, as the result of a
crime in Slovakia can apply for compensation of medical and
mental health expenses through the Ministry of Justice.


F. PROTECTION FOR VICTIMS AND WITNESSES

The government provides witness protection for victims,
based upon a decision by an inter-ministerial committee.
Other witness protection measures include recorded
testimony or testimony through video connection, which is
now mandatory for minors. Another law explicitly states
that the victim and perpetrator must be kept separate
during the judicial procedure, thus requiring video
testimony for most current trafficking cases. Outside of
the witness protection program, MOI will fund up to 40 days
of care for victims, including any services deemed
necessary on an individual basis. According to the MOI,
juvenile victims are housed separately from adult victims.


G. TRAINING FOR ASSISTANCE TO TRAFFICKED INDIVIDUALS

The GOS has cooperated with NGOs to provide training in
recognizing trafficking victims, and it is included in the
human rights curriculum at the Police Academy. The MOL has
provided grants in the past to organizations that provide
specialized services for unaccompanied minors. Slovak
Embassies and consulates abroad are able to provide help to
victims of trafficking including providing travel
documents, assistance with money transfers, contacting
relatives, arranging services, and travel home, and the
Ministry of Foreign Affairs helps refer repatriated victims
to NGOs for assistance. In some foreign missions, it is
permissible to allow temporary accommodation and boarding.
Slovak embassies abroad and NGOs cooperate according to the
needs exhibited in the host country.


H. GOVERNMENT ASSISTANCE

The 40-day MOI-funded assistance program described above is
available to repatriated Slovak citizens as well as foreign
victims identified in Slovakia. IOM runs a specialized
victims' assistance program exclusively for repatriated
Slovaks. According to IOM, the situation in Slovakia has
improved dramatically since 2004. The focus on increased

BRATISLAVA 00000138 013.2 OF 013


victims support - including legal, psychological, medical,
and social assistance - by the competent government
Ministries has increased the country's capacity to help
victims and encouraged returning victims to seek
assistance.


I. NGO ASSISTANCE

Most NGOs aiding trafficking victims in Slovakia are
domestic, although they may have loose cooperation
agreements with NGOs abroad. Some of these Slovak NGOs
are: the Alliance of Women, Dafne, Dotyk, Prima, Storm, and
Victims' Support Slovakia. They provide a wide range of
services, from preventive awareness education and
identifying victims to arranging for repatriation transport
to post-trafficking needs such as medical, mental health,
legal, and protective services, and work re-training
courses. IOM is the only organization to have conducted
research in trafficking in Slovakia and which has the
capacity to launch nation-wide projects. IOM provides
prevention awareness and offers a comprehensive
repatriation and assistance program to returning victims.

--------------

6. (SBU) Best Practices
--------------

Post recommends the IOM high school discussion group as a
best practice for prevention. IOM identifies high schools
in at-risk areas and requests permission from the Minister
of Education and the school principal to organize a
discussion group. IOM provides trained discussion
facilitators to talk with girls aged 16-18 about
trafficking. The facilitator knows the coercive tricks,
primarily false promises of nanny or hostess jobs abroad,
that are commonly used by traffickers in Slovakia and
guides the girls towards identifying the warning signs.
Most importantly, the girls themselves do the majority of
the talking and the sharing. IOM has found that a
surprising number of girls in these discussion groups have
relatives, friends, or acquaintances touched by
trafficking. Helping these girls spread the word and
prevent others from falling prey is a successful model that
could be used in at-risk communities around the world.

VALLEE