EMBASSY YEREVAN'S 2007 TIP REPORT INPUT

UNCLAS SECTION 01 OF 17 YEREVAN 000250

SIPDIS

SIPDIS
SENSITIVE

DEPARTMENT FOR EUR/CARC, DRL, INL, G, PRM, EUR/PGI and G/TIP -
Hall

E.O. 12958; N/A
TAGS: PGOV PREL PHUM PREF ASEC ELAB KFRD KCRM KWMN
SMIG, HSTC, AM
SUBJECT: EMBASSY YEREVAN'S 2007 TIP REPORT INPUT

REF: 06 STATE 202745

YEREVAN 00000250 001.2 OF 017


This cable is sensitive but unclassified. Please protect
accordingly.


1. (U) This cable represents Embassy Yerevan's submission for
the Trafficking in Persons (TIP) Report. Please see paragraph 5
for responses keyed to reftel request.


2. (SBU) The government of Armenia has made progress in its
efforts to combat trafficking since the release of the 2006 TIP
Report, but much room for improvement remains. Positive
developments include a 50 percent increase in the number of
victims who received NGO assistance (16 in the last report, 24
in the current reporting period),and the successful prosecution
of traffickers in connection with the country's first labor
trafficking case, which was also notable because it was the
first time a judge awarded financial compensation to trafficking
victims. The government also responded to concentrated Embassy
pressure on allegations of misconduct by a senior investigator
in the Prosecutor General's Anti-TIP Unit, restructuring the
unit and transferring and demoting the investigator.
Trafficking NGOs have reported excellent cooperation with the
new staff of the Anti-TIP Unit, and have noted overall that
government and law-enforcement officials' attitudes toward
trafficking (and particularly in the treatment of victims in
court) are steadily improving. The government continues to work
to spread public awareness of trafficking. Parliament has
allocated funds for the new National Plan of Action, but the
plan is still in draft form two months into the first year of
its tenure.


3. (SBU) Problems remain. Most troubling recently was the 2006
escape from prison of Anush Zakharyants, an ethnically Armenian
Uzbek who was one of the first traffickers to be convicted in
Armenia (see paragraph 21).


4. (SBU) Combating TIP in Armenia remains a top mission
priority. Embassy officials met frequently with senior members
of the Armenian government, with concrete results. The U.S.
Ambassador to the OSCE took the opportunity of her Armenia visit
to deliver an address on TIP at an OSCE-sponsored anti-TIP
conference in Yerevan, which was covered by national media. The
USG funded a victims' assistance program that provided safe
haven and medical, social and legal services, facilitated the
repatriation of 10 victims of TIP, and funded a victim hotline.
INL funded two comprehensive anti-TIP studies and published
their conclusions, as well as the publication and distribution
of a counter-trafficking manual for Armenian consular personnel
overseas, and a legislative review to uncover gaps in Armenian
counter-trafficking statutes. In June, the DOJ conducted an
anti-trafficking seminar for judges, prosecutors, investigators
and police.

--------------
OVERVIEW
--------------


5. (SBU) This section corresponds to the questions in section A
of reftel paragraph 27.

-- Is the country a country of origin, transit, or destination
for internationally trafficked men, women, or children?

Armenia is a source and, to a lesser extent, a transit and
destination country for women and girls trafficked for sexual
exploitation largely to the United Arab Emirates (UAE) and
Turkey. It is also a source country for Armenian men and women
trafficked to Russia for labor.

-- Provide, where possible, numbers or estimates for each group;
how they were trafficked, to where, and for what purpose.

According to data on pimping and trafficking cases from the
Prosecutor General's (PG's) Office, 157 people were exploited
between April 1, 2006 and February 7, 2007. Of this number, 154
women (including two minors) were victims of sexual exploitation
and three men (including one minor) were victims of labor
exploitation.

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Fifty-seven of the women and all three men were classified as
trafficking victims under the Armenian criminal code. Most of
the women were trafficked from Armenia either to Turkey or Dubai
for sexual exploitation. The three men were lured to Russia
with the promise of well-paying construction work.

It remains a challenge to disentangle Armenian criminal justice
data on pimping and trafficking in persons, and to translate
that into our own definitional categories. Of the 154 women and
girls deemed by the Government of Armenia to be trafficking
victims or to have been illegally recruited into voluntary
prostitution, 57 women and three men identified in connection
with Armenian TIP prosecutions clearly meet the U.S. TIP
definition, without any question. An additional 31 women or
girls most probably also meet our definition of trafficking
victims, for a total of 91 TIP victims altogether (61 to UAE, 27
to Turkey, and 3 to Russia). The remaining 66 victims seem not
to meet the U.S. definition of TIP victims.

There are no accurate figures clearly documenting the scale of
Armenian trafficking (as opposed to voluntarily smuggled)
victims in any of the destination countries. Due to poor social
conditions and severe poverty in Armenia, especially outside the
capital city of Yerevan, many men and women seek employment
abroad and can become victims of sex or labor trafficking.
Local NGOs and law enforcement sources say hundreds of Armenian
women engage in prostitution in the UAE and Turkey, and it is
impossible to confirm with certainty what percentage are
trafficking victims. Tens of thousands of Armenian men travel
to Russia for seasonal construction work, but no data exist to
quantify the number (presumably a small but significant
minority) who are exploited as TIP victims.

Hope and Help NGO reported a case in which two women from an
Armenian village were trafficked by a fellow villager to a far-
north region of Russia. The women had been lured with the
promise of work in a bakery, but were held against their will,
fed only bread and pasta, and forced to work long hours without
pay. These victims, fortunately, had been given Hope and Health
leaflets before their departure for Russia by other villagers
who were themselves returned victims or previous trafficking.
The victims called the Hope and Help hotline from Russia, and
Hope and Help contacted the Russian Migration Agency, which
rescued the women. (COMMENT: This case is in one sense a
success story, but at the same time shows the level of
desperation in rural provinces. This second cohort of victims
had obviously been informed about TIP dangers by former victims,
but took the risk anyway, and placed themselves in the hands of
people who proved to be traffickers. END COMMENT.)

Trafficking victims are usually recruited by friends
(ostensibly),friends of friends, acquaintances or neighbors.
Those trafficked to the UAE usually fly to Dubai directly from
Yerevan, or via Moscow. In most cases, the victims use their
real documents to travel to Moscow, where traffickers generally
give them false documents for the final leg to the UAE (to evade
UAE immigration restrictions, see paragraph 4 below). There
have been cases in which UAE law enforcement has deported
victims back to Moscow, at which time traffickers have prepared
new false documents for them and sent them right back to Dubai.
The trafficking route to Turkey is generally via bus through
Georgia. Here as well, if traffickers recapture victims
deported to Georgia, they often send them back to Turkey with
new false documents.

-- Does the trafficking occur within the country's borders?

We have had no indications of internal trafficking within
Armenia. Armenia is geographically quite small, allowing
limited scope for internal trafficking.

-- Does it occur in territory outside of the government's
control (e.g. in a civil war situation)?

Not applicable.

-- Are any estimates or reliable numbers available as to the
extent or magnitude of the problem?

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No. We suspect the number of criminal cases and victims
reported by law enforcement do not represent the majority of
cases. Victims are still reluctant to report crimes, and there
is still a pervasive (though slowly diminishing) attitude among
law enforcement officials that prostitutes who are lured abroad
with the promise of better wages for plying the same trade are
not "true" victims of trafficking.

-- What is (are) the source(s) of available information on
trafficking in persons or what plans are in place (if any) to
undertake documentation of trafficking? How reliable are the
numbers and these sources?

The best available statistics are provided by the PG's Office,
which consistently shares comprehensive, raw data with us. The
PG's Office has a computerized database of all crimes, including
trafficking in persons. The system is centralized in the PG's
Office, but is available to other law-enforcement bodies. The
PG's Office publishes quarterly, semi-annual and annual reports
on the trafficking situation based on information from this
database.

The draft new anti-trafficking National Plan of Action proposes
the establishment of a trafficking-specific database.

The main sources of information on specific trafficking cases
and a more anecdotal feel for the nature and scope of the
problem include: news articles by the Association of
Investigative Journalists, the two organizations that deal with
the victims of trafficking (Hope and Help and the United
Methodist Committee on Relief (UMCOR)),criminal case materials,
other GOAM authorities, and other international and local NGOs.

-- Are certain groups of persons more at risk of being
trafficked (e.g. women and children, boys versus girls, certain
ethnic groups, refugees, etc.)?

The groups most vulnerable to sex trafficking include
prostitutes, young women who have recently "aged out" of
orphanages and special schools, the unemployed, homeless people,
refugees, single mothers and divorced women. Labor traffickers
take advantage of unemployed or seasonal workers from poverty-
stricken communities. Trafficking victims overwhelmingly come
from impoverished communities; the common factor among the
vulnerable groups is poverty and a lack of socio-economic
opportunities.


6. (SBU) This section corresponds to the questions in section B
of reftel paragraph 27.

-- Please provide a general overview of the trafficking
situation in the country and any changes since the last TIP
Report (e.g. changes in direction). Also briefly explain the
political will to address trafficking in persons.

There have been no drastic changes in the situation since last
year, though the Armenian government has taken some positive
steps, including the implementation of significantly stricter
penalties for traffickers, the successful prosecution of
Armenia's first labor trafficking case, and the restructuring of
the PG's Anti-TIP Unit. Reporting and prosecution of TIP cases
have increased.
Some major developments during the reporting period include:

A) The removal of a corrupt investigator from the PG's Anti-TIP
Unit, and the investigator's demotion, in response to USG
pressure. The PG also restructured the Anti-TIP Unit and added
an additional prosecutor to its staff.

B) The strengthening of anti-TIP laws in the Criminal Code, with
changes enacted on July 16, 2006. Traffickers have yet to feel
the full extent of the law, as most crimes currently prosecuted
occurred before the provisions were enacted and are thus
sentenced in accordance with the old, weaker, statutes.

C) The Ministry of Foreign Affairs has proposed to the cabinet
to raise the level of the Interagency Anti-TIP commission to the
deputy-ministerial level. If this comes to pass, it will

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undoubtedly strengthen the commission, which currently lacks the
teeth to enforce its priorities. The proposed chair of the
commission, the current Minister of Territorial Administration,
is a powerful player with the authority to get things done
(though his willingness to use his power for good on this issue
remains to be tested).

D) The GOAM has initially allocated 10 million AMD (about USD
28,000) for activities to support the new Anti-TIP National
Action Plan. The funds are at the disposal of the Interagency
commission, which plans to request more money for the
implementation of the NPA.

E) On December 12, 2006 the first labor trafficking case was
prosecuted. The defendants were found guilty, and the victims
were granted financial restitution -- the first time that has
ever happened in a trafficking case.

-- What kind of conditions are the victims trafficked into?

According to NGO accounts and our own interviews with
trafficking victims, victims in Turkey and the UAE are deprived
of their documents, cannot leave the place where they are kept,
do not have control or cannot make decisions over their bodies,
are beaten and raped, punished (physical abuse) for
disobedience, and assessed with constantly growing debts that
must be repaid to traffickers. Victims are afraid to go to
police due to their illegal status. The labor traffickers
convicted in December took away their victims' passports, locked
them up, beat them, forced them to work long hours, and did not
provide proper nutrition.

-- Which populations are targeted by the traffickers?

See the last section of paragraph 2 above.

-- Who are the traffickers?

The traffickers are pimps, usually Armenian citizens, in the UAE
and Turkey, each of whom has established networks of recruiters
and other facilitators that help them on various issues (e.g.
preparing false documents, transportation, etc.). Those pimps
(mainly women, who in some cases had formerly worked as
prostitutes in the destination countries, and who sometimes have
one or multiple convictions for the same crime) have very good
connections with the locals. In numerous cases the same
recruiters work for various pimps, as do the people in Moscow
who forge the documents. The trafficker in the labor case was a
man who had business ties in Russia and was involved in
construction there.

NGO staff and law enforcement alike say the trafficking
operations are just loosely associated groups, and not organized
criminal franchises.

-- What methods are used to approach victims? (Are they offered
lucrative jobs, sold by their families, approached by friends of
friends, etc.?)

The victims are usually approached by "friends of friends,"
neighbors or acquaintances, but seldom on the street. The
recruiters usually lure victims with promises of high wages,
either to engage in prostitution, or, less frequently, for work
as nannies, care-providers and waitresses. Though most
trafficking victims know they are going to work as prostitutes,
they are not fully aware of the exploitative conditions in which
they will work. The victims in the labor trafficking case had
been promised a reasonable wage, which they never received.

The PG's Office reported that one victim was trafficked to Dubai
through what appeared to be a false marriage proposal.

Victims, law enforcement and an NGO in Vanadzor told us that
some parents there knowingly send their underage daughters to
Turkey to engage in prostitution. In general, victims come from
such desperate conditions that it is not that difficult to
entice them to work abroad as prostitutes.

-- What methods are used to move the victims (e.g., are false

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documents being used?).

See paragraph 2 above.


7. (SBU) This section corresponds to the questions in section C
of reftel paragraph 27.

-- What are the limitations on the government's ability to
address this problem in practice? For example, is funding for
police or other institutions inadequate? Is overall corruption
a problem? Does the government lack the resources to aid
victims?

Corruption and a lack of financial resources hamper the
governmentQs ability to address trafficking in persons.

The Police, the PG's Office and the National Security Service
(NSS) told us one of the main obstacles to investigating
trafficking is the lack of regional cooperation. This is even
more difficult given that the main countries of destination are
the UAE, which is plagued by TIP problems and thus very
sensitive to the issue, and Turkey, with whom Armenia does not
have diplomatic relations.

Police also told us it was difficult to help Armenian victims in
Dubai because of the UAE's reported restrictions against women
from certain countries (including Armenia) who are under the age
of 31 entering the country unaccompanied by relatives.
Traffickers circumvent this practice by giving the victims
forged Russian passports that show them to be older, creating a
legal dead end for the women, who reportedly cannot prove to UAE
officials they are Armenian citizens.


8. (SBU) This section corresponds to the questions in section D
of reftel paragraph 27.

-- To what extent does the government systematically monitor its
anti-trafficking efforts (on all fronts -- prosecution,
prevention and victim protection) and periodically make
available, publicly or privately and directly or through
regional/international organizations, its assessments of these
anti-trafficking efforts?

The government's Interagency Commission is the main monitoring
body. The commission has a reporting mechanism under which each
commission member, as well as local and international
organizations, presents summaries of its activities during a
specific period. In practice, parties did not report regularly.
Post's demands for data generally prompted government reporting,
with the exception of that produced by the PG's Office. The
PG's Office keeps very good track of the cases and publishes
statistics through the mass media quarterly. The Interagency
Commission published a report on the first NPA.

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


9. (SBU) This section corresponds to questions in sections A and
B of reftel paragraph 28.

-- Does the government acknowledge that trafficking is a problem
in the country? If not, why not?

Yes, it does. The attitudes of all GOAM authorities towards the
issue have improved over the last couple of years.

-- Which government agencies are involved in anti-trafficking
efforts and which agency, if any, has the lead?

The government's Interagency Commission includes all the law
enforcement bodies (Police, National Security Service (NSS),
PG's Office); the Migration Agency (former Department for
Migration and Refugees) under the Ministry of Territorial
Administration; the Ministries of Foreign Affairs (MFA); Justice
(MoJ); Health, Labor and Social Affairs (MoLSA); and others.
More agencies will join the Commission based on the proposed
National Plan of Action, including the Ministries of Education
and Culture. The MFA currently chairs the Commission, however,

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the PG's Office is most actively involved in the issue on a day-
to-day basis. However, if the Ministry of Territorial
Administration takes the lead on the Commission, as proposed by
the MFA, the Migration Agency is likely to become a key player.


10. (SBU) This section corresponds to questions in section C of
reftel paragraph 28.

-- Are there, or have there been, government-run anti-
trafficking information or education campaigns? If so, briefly
describe the campaign(s),including their objectives and
effectiveness. Do these campaigns target potential trafficking
victims and/or the demand for trafficking (e.g. "clients" of
prostitutes or beneficiaries of forced labor)?

The GOAM provides input, but no funding, to UNDP's anti-
trafficking project, which includes a significant public
awareness component. In June and July 2006, the project
screened movies about trafficking in 12 Armenian towns, followed
by live question-and-answer sessions.

In July 2006, UNDP organized a television talk show on Domestic
Violence and Trafficking, which was aired twice on the pro-
government H2 television station, which has nationwide coverage.
Participants included representatives of the Interagency
Commission, the Police and the PG's Office. The show was later
rebroadcast on a regional television network throughout Armenia.

UNDP organized a youth summer school for law, journalism and
sociology students, among other people, about victims' rights.
Government representatives, including parliament staffers and
representatives from the PG's Office gave seminars at the
school.

UMCOR and Hope and Help NGOs prepared brochures with warnings
about trafficking and information about how to obtain help in
destination countries. The brochures are available at the land
border with Georgia, and the border guards reported that people
have been picking them up.

The Migration Agency publishes and distributes a brochure
entitled "Useful advice for those departing to the Russian
Federation," with the help of funding from the Russian Migration
Service. During the reporting period, representatives of each
of the migration services and the Armenian Police and MFA
traveled with the Russian Ambassador to Armenia to each of the
regions to explain to the population the changes in the Russian
migration laws, as well the trafficking risks associated with
illegal migration.

As a result of an agreement between the Migration Agency, UMCOR
and the civil aviation authority, in June 2006, people flying to
the UAE and Turkey began receiving leaflets with information on
trafficking and numbers to call for help.

Both law enforcement and NGOs agree that public awareness of
sexual trafficking has risen significantly, and that victims are
only very rarely duped into prostitution.


11. (SBU) This section corresponds to questions in section D of
reftel paragraph 28.

-- Does the government support other programs to prevent
trafficking? (e.g., to promote women's participation in economic
decision-making or efforts to keep children in school.) Please
explain.

The MoLSA continues to provide apartments to those who have
"aged out" of orphanages. The project is permanent and is
funded through the state budget.

Some journalists have criticized the program, saying the
apartments are not suitable for human habitation. UNICEF has
praised the program, noting that the apartment-dwellers live in
squalor because they are not accustomed to taking care of an
apartment. The Armenian Relief Society, which refers the
orphans to the program, said the apartments are not ideal
because the funding is not sufficient, and the prices have gone
up. The program was allocated 324 million AMD (about USD 925

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thousand) in 2006. ARS noted the program has helped keep many
former orphans afloat in the early stages of their adult lives.

Lala Ghazaryan, head of the MoLSA Department of Women, Children
and Senior Citizen issues, said the government is looking into
the problems that remain, including the fact that many former
orphans seem to prefer to live in groups and often abandon their
apartments.

According to MoLSA, the program has provided 100 apartments
since its inception in 2003, and will provide an additional 40
apartments by the end of 2007.

The government's National Plan of Action on the Improvement of
the Women's Role in the Society for the period of 2004-2010
includes a small TIP component. Lala Ghazaryan told Armenpress
that the plan would address health, educational and employment
issues. She told the reporters that last year, women accounted
for 60 percent of people who obtained jobs through regional
employment offices and 72 percent of those who received
financial unemployment assistance from the state.

Trafficking prevention also is a component of the activities of
the Migration Agency under the GOAM's "State Agenda on
Regulating the Migration of the Armenian Population."

The government set up regional Centers for the Protection of
Children's Rights about a year ago. The centers, which will
also deal with women's rights and trafficking issues, are open,
but are not yet fully staffed.


12. (SBU) This section corresponds to questions in section E of
reftel paragraph 28.

-- What is the relationship between government officials, NGOs,
other relevant organizations and other elements of civil society
on the trafficking issue?

Both governmental agencies (especially law enforcement bodies)
and international and local organizations involved in anti-
trafficking consistently cite the good level of mutual
cooperation. UMCOR has particularly praised the involvement of
the MoLSA and the Ministry of Health. Law enforcement officials
have relied with confidence upon the resources and help of the
Hope and Help.

The cooperation was marred, however, when tax authorities
visited Hope and Help immediately after the NGO made claims on
behalf of victims about misconduct by an investigator in the
PG's Office. The GOAM claimed that the visit was a routine
check-up. Hope and Help was not subject to any reprisals, after
the tax inspectors performed a brief review of their books.
Hope and Help has reported very good cooperation with the new
senior investigator of the PG's Office's restructured Anti-TIP
Unit, as well as with the NSS and the Police.

The Interagency Commission welcomes the input of NGOs.


13. (SBU) This section corresponds to questions in section F of
reftel paragraph 28.

-- Does the government monitor immigration and emigration
patterns for evidence of trafficking? Do law enforcement
agencies screen for potential trafficking victims along borders?

The Migration Agency monitors emigration and immigration
patterns in general, but not specifically for trafficking.

The border guards do screen for potential trafficking victims
along borders. In most cases, however, trafficking victims'
documents are in order, making it difficult for border guards to
identify them. The border guards do make a point of warning
people traveling for employment about trafficking in persons.

Border guards run a short-term victim shelter at the Bagratashen
border crossing point with Georgia. They told us it had been
used twice during the reporting period, but that border guards
had referred other victims to Hope and Help and UMCOR branches
in the nearby town of Noyemberyan.

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With UMCOR funding, the border guards have placed a large
billboard at Bagratashen with information about TIP, and ways to
get help in Georgia and Turkey.

The Migration Agency continues to maintain a hotline and a
Migrants Service Point in its Yerevan office, where visitors may
ask questions and obtain information on trafficking.


14. (SBU) This section corresponds to questions in section G of
reftel paragraph 28.

-- Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a multi-
agency working group or a task force? Does the government have
a trafficking in persons working group or single point of
contact? Does the government have a public corruption task
force?

The governmentQs Interagency Anti-TIP Commission coordinates the
efforts of the various ministries and agencies. The MFA chairs
this commission, and a representative from the Migration Agency
(former Department for Migration and Refugees) under the
Ministry of Territorial Administration is the coordinator of the
commission. The governmentQs anti-corruption task force does
not directly deal with trafficking-related matters. The anti-
TIP commission has proposed to raise its level to deputy
ministerial rank, with the Ministry of Territorial Integration
taking the helm from the MFA.


15. (SBU) This section corresponds to questions in section H of
reftel paragraph 28.

-- Does the government have a national plan of action to address
trafficking in persons? If so, which agencies were involved in
developing it? Were NGOs consulted in the process? What steps
has the government taken to disseminate the action plan?

The first Anti-TIP National Action Plan took effect in 2004, and
expired at the end of 2006. In December 2006, the commission
began drafting its new National Action Plan, which will span
2007 through 2009. The draft was circulated for comment to
interested NGOs, IOs, and diplomatic missions in early February

2007. With the assistance of UMCOR, the commission organized
five roundtables during which the commission members, and
representatives of NGOs, international organizations and
diplomatic missions discussed the new National Action Plan. The
draft goes next to the Ministry of Finance and Economy for
assistance in determining the finance issue, and then onto the
ministries before being sent to the cabinet for adoption.

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


16. (SBU) This section corresponds to questions in section A of
reftel paragraph 29.

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

Articles 132 and 132-1 of ArmeniaQs Criminal Code cover all
aspects of human trafficking. Amendments to the trafficking
statues enacted in July 2006 significantly clarified and
toughened the penalties. The CodeQs two pimping statutes (261
and 262) provide for prosecution and punishment of those found

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guilty of organization of prostitution and recruitment of
prostitutes.

Victims of trafficking may obtain restitution during a criminal
case, or in a civil case, after the completion of the criminal
case. In the latter case, the judge may rule that the victim is
entitled to seek civil damages.
The Labor Code includes articles prohibiting forced labor, abuse
of workers, and employment of children.


17. (SBU) This section corresponds to questions in section B of
reftel paragraph 29.

-- What are the penalties for trafficking people for sexual
exploitation?

The amended articles remove correctional labor and fines from
the list of possible penalties for those convicted of TIP
crimes. Under the new legislation, the applicable prison term
is 3-15 years, depending on the aggravating circumstances. The
new sentences are commensurate with those for rape. The
increased penalties also have had the effect of bumping
trafficking crimes up into the category of "grave" and
"especially grave" crimes. According to the Armenian Criminal
Code, those convicted of "grave" and "especially grave" crimes
must serve at least half of their sentences. Before, those
convicted of trafficking crimes were eligible for release after
serving only one-third of their sentences.


18. (SBU) This section corresponds to questions in section C of
reftel paragraph 29.

-- Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for trafficking for labor
exploitation, such as forced or bonded labor and involuntary
servitude? Do the government's laws provide for criminal
punishment -- i.e. jail time -- for labor recruiters in labor
source countries who engage in recruitment of laborers using
knowingly fraudulent or deceptive offers that result in workers
being exploited in the destination country? For employers or
labor agents in labor destination countries who confiscate
workers' passports or travel documents, switch contracts without
the worker's consent as a means to keep the worker in a state of
service, or withhold payment of salaries as means of keeping the
worker in a state of service? If law(s) prescribe criminal
punishments for these offenses, what are the actual punishments
imposed on persons convicted of these offenses?

The trafficking statutes of the criminal code do not
differentiate between labor and sex trafficking. The penalties
listed in paragraph 14 above apply to both.


19. (SBU) This section corresponds to questions in section D of
reftel paragraph 29.

-- What are the prescribed penalties for rape or forcible sexual
assault? How do they compare to the prescribed and imposed
penalties for crimes of trafficking for commercial sexual
exploitation?

The prescribed penalties for rape are from three to 15 years of
imprisonment depending on the aggravating circumstance.


20. (SBU) This section corresponds to questions in section E of
reftel paragraph 29.

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

Prostitution is not legal, but is considered a civil, not
criminal, offense, subject to a fine of USD 1.30-2.60 for a
first offense, and USD 2.60-5.20 for repeat offenses in the same
calendar year. (NOTE: The fines are higher than last year only

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because the dram has strengthened against the dollar; the fine
in local currency has not changed. END NOTE.) Organization of
and recruitment into prostitution are criminal offenses
punishable under Articles 261 and 262.


21. (SBU) This section corresponds to questions in section F of
reftel paragraph 29.

-- Has the government prosecuted any cases against traffickers?
If so, provide numbers of investigations, prosecutions,
convictions, and sentences, including details on plea bargains
and fines, if relevant and available.

Between April 1, 2006 and February 7, 2007, the GOAM
investigated 41 cases, prosecuting 39 people under trafficking
statutes (Criminal Code articles 132 and 132-1) and pimping
statutes (articles 261 and 262). (NOTE: These cases included
more than 39 people, however, the PG's Office only counted the
number of defendants in cases that actually made it to court.
The number of defendants involved suspended cases and those
still in progress was not specified. END NOTE.)

Article 132: 14 cases. Seven cases against 10 people were sent
to court. Three cases were suspended pending the location of
the defendants. Four cases, two of which were combined into
one, are still in progress. Nine of the cases involved victims
trafficked to Turkey, and five involved the UAE.

Article 132-1: 2 cases. One case against one person (the labor
trafficking case) was sent to the court, and the other is in
progress.

Article 261: 7 cases. Five cases against nine people were sent
to court. Two cases were suspended pending the location of the
defendants. Six of the cases ended in Turkey and one ended in
the UAE.

Article 262: 18 cases. 12 cases against 19 people were sent to
court. One case was stopped, another was suspended, and four
are in progress. Of these cases, 13 were committed in Armenia,
one ended in Turkey and four ended in the UAE.

In the period from April 1, 2006 to February 7, the courts heard
27 cases under the trafficking and pimping statutes. Thirty-
five of the 39 defendants were women, and four were men. Of the
39 defendants, 27 were sentenced to prison terms between 18
months and five years. Three people were sentenced to
corrective labor terms between six months and two years, with
the stipulation that 20 percent of their income would go to the
state. Nine people were fined 200,000 to 500,000 AMD (about
570-1,400 USD).

-- Does the government in a labor source country criminally
prosecute labor recruiters who recruit laborers using knowingly
fraudulent or deceptive offers or impose on recruited laborers
inappropriately high or illegal fees or commissions that create
a debt bondage condition for the laborer? Does the government
in a labor destination country criminally prosecute employers or
labor agents who confiscate workers' passports/travel documents,
switch contracts or terms of employment without the worker's
consent, use physical or sexual abuse or the threat of such
abuse to keep workers in a state of service, or withhold payment
of salaries as a means to keep workers in a state of service?

Armenia is not a destination country for labor trafficking.

-- Are the traffickers serving the time sentenced: If not, why
not? Please indicate whether the government can provide this
information, and if not, why not? (Note: complete answers to
this section are essential. End Note)

No statistics are available on the length of time served by
traffickers.

As noted above, traffickers are eligible for release from prison
after serving one-half their prison terms. This is an
improvement of the new trafficking statutes that took effect in
July 2006; before their enactment, traffickers could be released
as early as one-third of the way through their sentences. The

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courts must approve the early release of convicted prisoners,
but this approval is routinely granted.

In 2006, Anush Zakharyants, one of the first traffickers
sentenced in Armenia, escaped from prison and from the country.
The PGQs Office acknowledged that Zakharyants was released from
custody temporarily for legally allowed medical attention, and
took the opportunity to flee the country via the land border
with Georgia. A local journalist has made unconfirmed
allegations that her escape involved official complicity.


22. (SBU) This section corresponds to questions in section G of
reftel paragraph 29.

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

There is no information on who is behind the traffickers, but it
is likely small crime groups and not large international crime
syndicates. Neither the PGQs Office, the Police, nor the NSS
believe Armenian traffickers are parts of large international
criminal groups. According to the new senior prosecutor of the
PG's Anti-TIP Unit, traffickers' primitive document fraud
methods prove that they are not experienced in organized crime.
The organizers are Armenians, not foreigners, with good local
connections. Law enforcement bodies also have no information on
employment, travel, and tourism agencies or marriage agencies
involved in trafficking.

A Vanadzor-based NGO believes that Turkish bus operators and
travel agencies are aware of (and perhaps participate in) the
problem, but the Hope and Help Yerevan office is convinced that
no large employment agencies are involved in trafficking.

Law enforcement bodies have no information on where the
trafficking money goes. According to NSS and the Police,
traffickers spend their earnings in the countries of
destination, making it impossible for Armenian law enforcement
to monitor their spending.


23. (SBU) This section corresponds to questions in section H of
reftel paragraph 29.

-- Does the government actively investigate cases of
trafficking? (Again, the focus should be on trafficking cases
versus migrant smuggling cases.)

Yes. The Prosecutor's office initiates the vast majority of
cases, which inevitably lead to more cases. In certain cases,
the NGOs that shelter trafficking victims connect the victims
with the law enforcement bodies.

-- Does the government use active investigative techniques in
trafficking in persons investigations? To the extent possible
under domestic law, are techniques such as electronic
surveillance, undercover operations, and mitigated punishment or
immunity for cooperating suspects used by the government?

There are no provisions for this under Armenian law. The Police
told us that methods such as electronic surveillance are
permissible only with a court order in the context of a criminal
case.

-- Does the criminal procedure code or other laws prohibit the
police from engaging in covert operations?

According to the Police, there is no law to prohibit them from
engaging in covert operations. Police said a law that would
allow such activity is in progress.


24. (SBU) This section corresponds to questions in section I of
reftel paragraph 29.

YEREVAN 00000250 012.2 OF 017



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

Trafficking is included in the PG's Office's general training
curriculum. All employees are required to take the initial
course and periodic refresher courses.
The Police Academy curriculum includes trafficking. Police
officers who then take jobs with anti-trafficking components
receive more in-depth anti-trafficking training.
Trafficking is also part of the curriculum of National Security
Service's Higher School of National Security

In May 2006, IOM organized training for relevant GOAM agencies
on "Essentials of Migration Management."

During the reporting period, UMCOR trained 71 border guards who
serve at the Zvartnots airport and Bagratashen checkpoint on
recognizing and working with trafficking victims.

During the summer, UNICEF organized training for 50 policemen
who work with minors on professional guidelines and child abuse,
which included a trafficking component.
The Department of Justice conducted anti-trafficking training
for judges, prosecutors, and some policemen.


25. (SBU) This section corresponds to questions in section J of
reftel paragraph 29.

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

According to the PG's Office, it cooperates with a number of
countries, including the UAE and countries of the former Soviet
Union. The lack of diplomatic relations with Turkey is the main
obstacle to prosecuting TIP cases in Turkey, which is one of the
two main countries of destination for trafficking in Armenian
women. This year, however, the PG's Office reported indirect
cooperation with the Turkish law-enforcement through the Russian
Embassy in Turkey and through Georgia.

However, the PG's Office also reported that in some cases,
Russian law enforcement has refused to turn over ethnic
Armenians holding Russian passports who are wanted in Armenia
for trafficking.

The Interagency Commission closely cooperates with the
International Center for Migration Policy Development (ICMPD),
which serves as the Secretariat of the Budapest Process, a
working group on trafficking in human beings and smuggling of
migrants that was established in 2005. The Commission hosted an
ICMPD session in Yerevan in May 2006. Representatives of
Western European and CIS states attended the meeting.


26. (SBU) This section corresponds to questions in section K of
reftel paragraph 29.

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

According to the NSS and MFA, Armenia has an extradition
agreement with the UAE. The MFA confirmed that Armenia also has
two other legal mutual assistance agreements with the UAE: one
on economic cooperation and the other on criminal cooperation.

According to the NSS, Armenia has sent an extradition request
for four pimps in Dubai, however, the UAE side has not
responded.

According to the Criminal Procedure Code, foreign citizens or
individuals who have permanent resident status in a foreign

YEREVAN 00000250 013.2 OF 017


county (but not citizenship) and who have committed a crime in
Armenia, either may be extradited to their country of residency
for prosecution, or may be prosecuted in Armenia if there is a
relevant agreement between the two countries. The Code also
stipulates that Armenian citizens may not be extradited to
foreign countries for prosecution.


27. (SBU) This section corresponds to questions in section L of
reftel paragraph 29.

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

There is no evidence of governmental tolerance of trafficking.
Low-level officials might be involved to the degree that they
accept bribes for services (such as a new passport),however,
this is common practice in general, and is not specific to
trafficking.


28. (SBU) This section corresponds to questions in section M of
reftel paragraph 29.

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

There was only one case during the reporting period in which a
government official was accused of trafficking-related
misconduct. The case involved the senior investigator in the
PG's Anti-TIP Unit, and a local NGO brought the allegations to
post's attention. The PG's Office launched a disappointing
investigation which found the official innocent of any
wrongdoing. Following concentrated pressure from post, the
Prosecutor General issued an order to restructure the Anti-TIP
Unit, resulting in the transfer of the investigator to another
unit, and a demotion in title from senior investigator to
investigator.


29. (SBU) This section corresponds to questions in section N of
reftel paragraph 29.

-- If the country has an identified child sex tourism problem
(as source or destination),how many foreign pedophiles has the
government prosecuted or deported/extradited to their country of
origin? What are the countries of origin for sex tourists? Do
the country's child sexual abuse laws have extraterritorial
coverage (similar to the U.S. PROTECT Act)? If so, how many of
the country's nationals have been prosecuted and/or convicted
under the extraterritorial provision(s)?

There is no identified child sex tourism problem.


30. (SBU) This section corresponds to questions in section O of
reftel paragraph 29.

-- Has the government signed, ratified, and/or taken steps to
implement the following international instruments? Please
provide the date of signature/ratification if appropriate.
--ILO Convention 182 concerning the Prohibition and Immediate
Action for the Elimination of the Worst Forms of Child Labor.
Ratified March 22, 2005, entered into force January 2, 2006.

--ILO Convention 29 and 105 on Forced or Compulsory Labor.
Ratified on December 17, 2004, entered into force December 17,

2005.

--The Optional Protocol to the Convention on the Rights of the
Child (CRC) on the Sale of Children, Child Prostitution, and
Child Pornography. Ratified on February 28, 2005, entered into
force December 17, 2005.

--The Protocol to Prevent, Suppress and Punish Trafficking in
Persons, especially Women and Children, supplementing the UN
Convention Against Transnational Organized Crime. Ratified on
July 1, 2003.

YEREVAN 00000250 014.2 OF 017



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


31. (SBU) This section corresponds to questions in section A of
reftel paragraph 30.

-- Does the government assist victims, for example, by providing
temporary to permanent residency status, relief from
deportation, shelter and access to legal, medical and
psychological services? If so, please explain.

The GOAM assists victims with repatriation to Armenia from the
UAE and from Turkey. The GOAM works through the Russian
consulates in Turkey, which refer victims to the existing two
shelters run by UMCOR and Hope and Help.

In 2006, the GOAM processed 30 repatriation cases, mostly from
the UAE and Turkey. There was one repatriation case from
Russia. The government does not keep statistics on whether the
repatriation cases involve trafficking victims.

TIP victims, like all other citizens, can get free medical check
ups.

According to the MoLSA, regional social centers and state
employment agencies, as well as local government bodies,
cooperate with NGOs to provide possible assistance to
trafficking victims and to distribute information to the public.

During the reporting period, the MoLSA helped UMCOR's TIP
victims find jobs, offered assistance in getting their documents
in order, and in one case helped settle a victim into a home for
the elderly.

GOAM also works with other governments on regulating illegal
migration, repatriating its citizens, and preventing
trafficking. They have signed readmission agreements with
Switzerland, Lithuania and Denmark. The agreement with Germany
is signed but has yet to be ratified. The GOAM is also
negotiating agreements with the Benelux countries, Sweden,
Norway, the Czech Republic, Poland, Germany, Ukraine, Bulgaria
and Russia. These agreements regulate the procedures for the
return of citizens. Armenia also has a reintegration program
with Switzerland that assists people to resettle in Armenia,
through small business loans, language courses, vocational
training, etc.

-- Does the country have victim care and victim health care
facilities? Does the country have facilities dedicated to
helping victims of trafficking? If so, can post provide the
number of victims placed in these care facilities?

There are two shelters in the country maintained by local NGOs.

One is run by UMCOR with the funding of the Norwegian
Government. UMCOR runs a permanent shelter and provides victims
with medical, legal and psychological assistance as well. UMCOR
also connects victims with training programs to help the victim
reintegrate into society. During the reporting period, UMCOR
provided assistance to 7 victims. UMCOR implementer "Democracy
Today" NGO, maintained a hotline, but it was disconnected at the
end of June for lack of funding. Between April 1 and June 30,
the hotline received 90 calls, about one-quarter of which were
related to trafficking.

Hope and Help maintains the second shelter, which is not
permanent and opens only when a victim needs a safe haven, with
USG funding. Hope and Help also provides legal, medical, social
and psychological assistance to victims. During the reporting
period, Hope and Help assisted 17 victims. Hope and HelpQs
hotline received 611 calls during the reporting period, of which
seven were real trafficking alerts.


32. (SBU) This section corresponds to questions in section B of
reftel paragraph 30.

-- Does the government provide funding or other forms of support

YEREVAN 00000250 015.2 OF 017


to foreign or domestic NGOs for services to victims? Please
explain.

The GOAM does not provide such assistance, however, NGOs record
very good cooperation with the authorities (law enforcement, the
Ministry of Health and the MoLSA).

Armenia adopted a Law on Social Assistance in October 2005. The
law provides for the establishment of social assistance centers
to provide legal, rehabilitative and financial assistance to
unprotected children and victims of abuse. Trafficking victims
are not mentioned specifically, but are covered under the
provision. The law has not yet been implemented due to lack of
funds. According to MoLSA, the NPA will make it easier to
implement the law.


33. (SBU) This section corresponds to questions in section C of
reftel paragraph 30.

-- Do the government's law enforcement and social services
personnel have a formal system of identifying victims of
trafficking among high-risk persons with whom they come in
contact (e.g. foreign persons arrested for prostitution or
immigration violations)? Is there a referral process in place,
when appropriate, to transfer victims detained, arrested or
placed in protective custody by law enforcement authorities to
NGO's that provide short- or long-term care?

There is no formal referral mechanism in place, though referrals
do take place informally. International organizations are
working with GOAM on developing such mechanisms.

In June, the GOAM and the IOM, aided by USG funds through INL,
published a manual for Armenian consular officers abroad. The
manual contains guidelines for interviewing and repatriating TIP
victims. In cooperation with the Ministry of Labor and Social
Affairs and the Ministry of Health, UMCOR has developed two
manuals for health and social workers that outline assistance
and referral procedures for TIP victims.

During the reporting period, Hope and Help and UMCOR assisted 24
trafficking victims, of which four were referred to them by the
Police, and four were referred by the NSS.


34. (SBU) This section corresponds to questions in section D of
reftel paragraph 30.

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

In general the rights of the victims are respected and victims
are not treated as criminals; they are not detained, jailed or
deported. NGOs reports a significant improvement in the
treatment of victims by the judges and the prosecutors during
the reporting period. The financial restitution received by the
labor trafficking victims is a good example of the improvements.


35. (SBU) This section corresponds to questions in section E of
reftel paragraph 30.

-- Does the government encourage victims to assist in the
investigation and prosecution of trafficking? May victims file
civil suits or seek legal action against the traffickers? Does
anyone impede the victims' access to such legal redress?

Victims may file civil suits and seek legal action against
traffickers. In practice, this has been respected.

-- If a victim is a material witness in a court case against a
former employer, is the victim permitted to obtain other
employment or to leave the country pending trial proceedings?
Is there a victim restitution program?

No such cases have taken place. There is no state victim
restitution program.


YEREVAN 00000250 016.2 OF 017



36. (SBU) This section corresponds to questions in section F of
reftel paragraph 30.

-- What kind of protection is the government able to provide for
victims and witnesses? Does it provide these protections in
practice?


The Criminal Procedural Code was amended in July 2006. The
amendments refer to the Protection of Persons Participating in
Criminal Proceeding. The amendments are a significant
improvement, however, further changes are needed. UNDP has
facilitated the development of a package of changes, including a
separate law on the Protection of Witnesses. According to UNDP,
the draft package is on the parliamentQs agenda and will be
voted on soon.

-- What type of shelter or services does the government provide?
Does it provide shelter or housing benefits to victims or other
resources to aid the victims in rebuilding their lives? Where
are child victims placed (e.g. in shelters, foster-care, or
juvenile justice detention centers)?

There are no state-run shelters. Those victims who have "aged-
out" of orphanages are eligible for housing assistance from the
state (see above),as well as social assistance in the form of
vocational training and job placement. Child victims, if they
are orphans or cannot return to their families, are placed in
special schools or orphanages. There are very few recorded
cases of child victims, though anecdotally we have heard that
parents in Vanadzor send their daughters to Turkey to work as
prostitutes.


37. (SBU) This section corresponds to questions in section G of
reftel paragraph 30.

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

See above for information on the publication of a manual for
Armenian consular officers.

During the summer, representatives of Hope and Help and
Democracy Today NGO, together with the staff of the MoLSA and
the police participated in a study tour to Odessa organized by
the OSCE Office in Yerevan and the OSCE Project Coordinator in
Ukraine. The purpose of the trip was to exchange experience
with NGOs providing assistance to trafficked victims and state
units dealing with combating trafficking in Ukraine.

In September 2006, IOM organized a three-day training course for
attorneys on how to represent trafficking victims in court for
the members of the coalition "Attorneys Against Trafficking." The
training was conducted by two international experts in anti-
trafficking law.

In October 2006, the Police, the PG's Office, the NSS and local
NGO representatives participated in a TIP regional conference
held in Tbilisi by the Soros Foundation and the European
Commission.

During the summer, UNICEF organized training for 50 juvenile
policemen on professional guidelines and child abuse, including
a trafficking component.

Regional centers for children's rights protection have been open
for a year, and are on their way to being fully staffed. The
centers will deal with women's rights and trafficking issues as
well.

During the reporting period, Democracy Today NGO held
information seminars in schools for students and teachers on

YEREVAN 00000250 017.2 OF 017


trafficking in four schools in the regions of Armavir,
Aragatsotn, Gegharkunik, and in governors' and mayors' offices
in six towns throughout Armenia. They also organized seminars
for health workers in two Yerevan clinics.


38. (SBU) This section corresponds to questions in section H of
reftel paragraph 30.

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

A January 2006 governmental decree granted the entire
population, including trafficking victims, free primary health
care (but excluding specialized dental care).

Victims of trafficking who are recognized as victims of criminal
cases are referred to UMCOR and Hope and Help, which offer
medical, legal, financial assistance to the victims and whenever
necessary offer them vocational training.


39. (SBU) This section corresponds to questions in section I of
reftel paragraph 30.

-- Which international organizations or NGOs, if any, work with
trafficking victims? What type of services do they provide?
What sort of cooperation do they receive from local authorities?
NOTE: If post reports that a government is incapable of
assisting and protecting TIP victims, then post should explain
thoroughly. Funding, personnel, and training constraints should
be noted, if applicable. Conversely, the lack of political will
to address the problem should be noted as well.

There are a number of players in this field. The two main NGOs
that have shelters, hotlines and specific re-integration
programs are Hope and Help and UMCOR. See above for more
details.


40. (SBU) Per request in paragraph 26 of reftel, the following
are estimates of numbers of hours spent on the preparation of
the TIP report cable by various embassy officers.

Political Assistant: 60 hours.
Political Officer: 25 hours.
Pol/Econ Section Head: 2 hours.
Acting DCM: 2 hours.
Charge d'affaires: 3 hours.
INL Officer: 1 hour.


41. (SBU) Post's trafficking POC is Political Officer Masha
Herbst: IVG 996-4302, fax (374-10) 49-40-03, e-mail
herbstm@state.gov.

GODFREY