ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) REPORT FOR

UNCLAS SECTION 01 OF 06 ZAGREB 000208

SIPDIS

SENSITIVE

SIPDIS

DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, EUR/PGI
DEPT PASS USAID

E.O. 12958: N/A
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB HR
SUBJECT: ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) REPORT FOR
CROATIA

REF: STATE 202745

Sensitive but unclassified; please handle accordingly.


1. (SBU) Post is pleased to submit its Annual Anti-Trafficking in
Persons Report. In 2006, Croatia was ranked as tier two and Post
recommends retaining that ranking for the current reporting period.
The Government of Croatia (GOC) continued to improve its cooperation
with NGOs to identify and assist victims of TIP, increased its
identification and prosecution efforts, and increased its training
activities for officials, especially for the country's police
officers who work directly on TIP victims' identification and border
control.


A. Croatia is in the process of becoming an EU member. The country
borders on three EU member states (Hungary, Austria and Slovenia)
and on the Republic of Serbia, the Republic of Montenegro and Bosnia
& Herzegovina. TIP victims identified in Croatia are typically en
route to wealthier countries of the EU. From a TIP perspective, the
country is primarily a transit country for women and girls
trafficked to other parts of Europe for prostitution. To a lesser
extent, Croatia is a destination and a country of origin for
trafficked women. The trafficking route is primarily from
Southeastern Europe through Croatia to the EU. The GOC reported 13
victims identified in 2006 and three victims identified in early
2007: one Serbian, three Bulgarian, one Romanian, three Ukrainian,
one Albanian, one Bosnian, and six Croatians. All victims were
women and two were minor victims. Since 2002, (2002 - eight
victims, 2003 - eight victims, 2004 - 19 victims, 2005 -six victims,
2006-13 victims, 2007- three victims) a total of 57 TIP victims have
been identified. In addition, in February 2007 the International
Organization for Migration (IOM) reported another potential victim
of TIP from Azerbaijan. The GOC reported that all victims
cooperated with police investigations. Female victims living in
poor economic situations are more at risk of being trafficked.


B. The GOC did not report any significant route changes. Croatia
is still principally a country of transit for victims coming from
Southeastern Europe through Croatia to the European Union. The GOC,
which includes all relevant Government Ministries and the Government
Office for Human Rights, shows a strong political commitment and
willingness to fight trafficking in persons. Anecdotal information
indicated that international organized crime groups, local groups,
and travel or marriage agencies were responsible for trafficking.
Victims usually travel with legal documents, although some are
falsified. Unofficial sources indicate that trafficked victims are
mostly recruited through fraud and promises of well-paying jobs
abroad. The methods of recruitment are numerous and diverse:
abduction, extortion, false promises, fictitious marriages, bogus
adoption agencies, seduction, the issuance of false certificates
required for student visas, business offers, etc. Victims are
subject to violence, intimidation, withholding of documents, and
threats by traffickers. The majority of victims, both foreign and
national, reported poor living and working conditions and suffered
physical and/or sexual abuse in the process of trafficking.


C. There are no specific limitations on the government's ability to
address the problem of trafficking in persons, other than a slow and
inefficient judicial system. Funding is adequate and the GOC budget
dedicated for TIP activities in 2006 was approximately 8.5 million
kunas (1.4 Million USD). A severe backlog in the judicial system
continues to hamper the GOC's ability to convict traffickers under
the TIP Provision enacted in October 2004. It frequently takes
several years for cases to work their way through the backlogged
judicial system from start to finish.


D. The GOC systematically monitors anti-trafficking efforts through
its Anti-Trafficking Coordinator - Head of the Office of Human
Rights - which is responsible for coordinating all GOC activities
and developing an annual operational plan. In addition, the GOC's
National Committee for the Suppression of Trafficking consists of
members from relevant ministries and meets periodically, as does a
smaller working group including NGOs that meet regularly to discuss
specific TIP cases and programs. TIP-related information is made
available publicly through the Office for Human Rights website, as
well as via domestic and regional seminars. The GOC also cooperates
closely with the Southeast European Cooperative Initiative (SECI)
and Interpol on investigations and prosecutions.


2. (SBU) PREVENTION:


A. The GOC acknowledges that TIP is a problem, which was made clear
through the introduction of a legislative framework in 2004 in which

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TIP was specifically defined as a criminal act, as well as through
the Operational Plans and National Programs through which the GOC is
working with its partners in the suppression of trafficking. The GOC
is cooperative and supportive of TIP activities and initiatives.
Cooperation with international organizations and civil society is
strong. The Deputy Prime Minister, who is also responsible for
social affairs and human rights, acts as the chairperson of the
National Committee for Suppression of Trafficking, reflecting the
high level of attention paid by the Government to combating
Trafficking in Persons.


B. GOC agencies involved in TIP activities are: The Government
Office for Human Rights; National Committee for Suppression of
Trafficking; the State Prosecutors Offices; the Ministries of
Interior; Education, Science and Sport; Health and Social Welfare;
Foreign Affairs; Justice; and Veterans, Family and
Intergenerational Solidarity. The Government Office for Human
Rights, in particular the National Coordinator, has the lead in
anti-trafficking efforts.


C. In 2006, the GOC continued two public awareness campaigns begun
in 2005. One included TV spots, print ads on trams and at train
stops, as well as billboards advertising the GOC-sponsored help
line. The second campaign was a TV spot featuring a well-known
Croatian celebrity on national television. Those two campaigns
targeted the general public and children as the potential categories
at risk. In addition, the GOC implemented educational workshops for
its professionals and other targeted groups such as social workers,
diplomatic and consular staff prior to assignments in countries
identified as sources and destinations of victims, GOC officials
employed in local government, judges, prosecutors, police officers,
students and members of the Roma community. The Ministry of
Interior, in cooperation with civic associations and the IOM Mission
in Croatia, distributed fliers and posters intended for potential
trafficking victims in receiving centers for asylum-seekers and for
unaccompanied minors. In addition, the MOI posted fliers and posters
on suppression of trafficking on roads, maritime border crossings,
airports, and police departments. The posters and fliers were
printed in Croatian, Macedonian, Romanian and Ukrainian. In total
the Ministry of Interior displayed and distributed a total of 1,992
posters and 53,800 fliers. Furthermore, representatives of the
Government Office of Human Rights participated in numerous
television and radio shows on the topic of trafficking in persons.
The Ministry of Family, War Veterans and Intergenerational
Solidarity developed and printed 10,000 informational fliers and
30,000 stickers to raise awareness of the danger of trafficking in
women and children for the purpose of sexual exploitation. Finally,
the Croatian Red Cross printed and distributed 60,000 fliers and
posters with the message, "Are you a Trafficking Victim?", 3000
brochures on "trafficking in persons" which contain information on
warning signs and measures for protection when seeking employment
and traveling abroad, and 10,000 fliers on "forced labor in the
twenty-first century", which contain general information on
trafficking in persons, protective measures and SOS hotline numbers.



D. The GOC continues to support numerous projects regarding the
suppression of family violence, education of Roma children, gender
issues, women's economic empowerment, suppression of drug abuse,
etc. GOC promotion of these social projects has a cumulative and
qualitative effect on combating TIP.


E. The GOC relationship with NGOs and international organizations is
strong and has become more effective during the reporting period.
Last year the GOC provided approximately 610,000 Kuna (approximately
100,000 USD) for NGOs, specifically for TIP activities. NGOs
reported very good cooperation with the Government Office for Human
Rights, particularly with the current National Coordinator.


F. The GOC border police continue to adequately monitor Croatia's
borders and immigration and emigration patterns for evidence of TIP.
In each case of smuggling and illegal migration, border police
establish whether there is a potential case of TIP. If so, the case
is then transferred to the Criminal Police Directorate; in cases
where the potential victim is young and female the case is
automatically forwarded to the Directorate. Border police have a
formal framework for regional cooperation. Cooperation is good with
all neighboring countries; Bosnia, Italy, Macedonia and in
particular with Slovenia, Serbia, and Montenegro. The Ministry of
Interior continued to encourage police officers to follow specific
protocols for the treatment of victims of trafficking; which contain
guidelines on victim identification methods, instructions on how to
properly treat victims, and a summary on cooperation among police

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officers and other organizations when handling TIP cases.


G. The GOC established a National Committee for Suppression of
Trafficking in 2002 and an Operational team in 2003 that provides
for cooperation between various ministries, NGOs and other
organizations dealing with TIP issues. The Deputy Prime Minister,
who is simultaneously serving as Minister for Family, Veterans, and
Intergenerational Solidarity, serves as the chairperson of the
National Committee and is responsible for directing its efforts.
The GOC also has a National Coordinator, the Head of the Government
Office for Human Rights, who serves as the primary point of contact
for NGOs and members of international organizations and the
Diplomatic Corps.


H. The GOC has a National Program for Suppression of Trafficking in
Persons, which includes a strategic document covering years
2005-2008; Operational Plans for 2005, 2006 and 2007; and a National
Plan for Suppression of Trafficking in Children for 2005-2007.
Civil society members, Red Cross and IOM participated in the
development of these plans, in addition to the Ministries of Health
and Social Welfare, Interior, and Justice. National and Operational
Plans were produced in Croatian and English, and were widely
distributed to the relevant GOC institutions, civil society members
and representatives of the international community. The majority of
these documents are posted on the GOC's website.


3. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS


A. The GOC has created an appropriate legislative framework, which
provides for investigation and prosecution of human trafficking
crimes. Croatia has a provision in the Penal Code which
specifically prohibits trafficking in persons, both for sexual and
non-sexual purposes. The penalties provide for imprisonment from
one year to long-term imprisonment. In addition, there are also
other provisions that provide penalties for related criminal acts
such as international prostitution, illegal transfer of persons
across the state border, and pandering. These provisions were used
in prosecution of TIP cases prior to the new specific TIP provision,
which was enacted in October 2004. In addition to the criminal
procedures against traffickers, victims can initiate civil
litigation and request compensation from traffickers. In June 2006
the Croatian parliament enacted legislation that allows the
prosecution of individuals who knowingly use the services of
trafficking victims, and introduced penalties from three months to
three years.


B. Penalties for traffickers of people for purposes of sexual
exploitation provide for imprisonment from one to ten years. In
cases where the TIP crime is committed against a minor, the minimum
sentence is five years. If the crime is committed within a criminal
group, or against large numbers of people, or causes the death of
one or more persons, penalties provide for a minimum of five years
to long-term imprisonment.


C. Criminal Provision 175 in the Croatian Penal Code, "Human
Trafficking and Slavery", prescribed penalties for labor
exploitation, such as forced labor, bonded labor and involuntary
servitude. The prescribed penalty for such acts is from one to ten
years imprisonment. In cases where the crime is committed against a
minor, the minimum sentence is five years. If the crime is
committed within a criminal group, or against large numbers of
people, or cause the death of one or more persons, penalties provide
for a minimum of five years to long-term imprisonment. According to
the IOM, the majority of identified TIP cases involved both, labor
and sexual exploitations. According to IOM labor trafficking cases
are often hidden among illegal migrants, particularly since most of
the illegal migrants identified in Croatia are coming from Bosnia.



D. Amendments to the Penal Code which were introduced in June 2006,
state that the penalty for rape is three to ten years imprisonment.
The minimum sentence for rape, which previously was one year
imprisonment, has now increased to three years imprisonment. The
penalties for rape or forcible sexual assault are as stringent as
the penalties for trafficking for commercial sexual exploitation.


E. Prostitution is not legal in Croatia. International Prostitution
is a criminal act per the Croatian Penal Code, and activities of
prostitutes are misdemeanors. In addition, pandering is a criminal
act and all activities of those who facilitate prostitution are
punishable according to Croatian legislation.


F. The GOC reported that during 2006, ten cases were initiated

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against 17 individuals pertaining to prosecution under Article 175
of Croatia's Criminal Code. Police arrested all individuals. In
addition, the police also filed charges for related crimes:
international human smuggling, prostitution and pimping. Last year,
the police submitted 320 criminal charges against 358 individuals
for the crime of human smuggling, 24 criminal charges against 13
individuals for the crime of pandering and five criminal charges for
international prostitution against six individuals. In 2006, the
police identified 5,665 foreign nationals who illegally entered
Croatia. The National Coordinator for TIP reported one appealable
TIP conviction and two related convictions for international
prostitution, slavery, and illegal capture. (As the crimesQn the
second and third cases occurred prior to the enacting of the TIP
provision in October 2004, these cases were prosecuted and convicted
under the legal provisions that existed prior to adoption of
specific TIP provision.) One criminal TIP-related final verdict
convicted two defendants to one-year imprisonment each. In addition,
one criminal TIP-related appealable verdict convicted two defendants
to a one year suspended sentence each within a three year period.
Finally, one appealable TIP verdict sentenced one defendant to a one
year and three months suspended sentence within a three year
period.


G. According to the GOC, transnational criminal groups and small
organized crime groups are behind trafficking. The GOC has no
evidence to indicate where the profits from trafficking in persons,
or proceeds of this crime are being channeled.


H. Police and State Prosecutors actively investigate cases of
trafficking. In cases where inquiries into offenses cannot be
carried out, the investigating judge may, upon the request of the
State Attorney, approve surveillance techniques such as:
surveillance and interception of telephone conversations or remote
technical communication; entry on the premises for the purpose of
conducting surveillance and technical recording of the premises;
covert following and technical recording of individuals and objects;
use of undercover investigators and informants; simulated purchase
of certain objects; simulated bribery; controlled transport and
delivery of objects from offenses. Similar measures may also be
ordered against persons suspected of collaborating with
perpetrators. Information acquired through the use of undercover
operations and electronic surveillance can be used as evidence in
criminal proceedings.

I. In 2006, the GOC, in cooperation with NGOs, Governmental
institutions and international organizations, provided approximately
25 sessions of specialized training on recognizing, investigating
and prosecuting trafficking in persons. In addition, training on how
to assist victims of TIP and prevent the TIP crime were frequent.
Training targeted the following groups: 60 social workers, 60
consular staff and students at the Diplomatic Academy, 60 local
officials throughout the country, 1229 police officers (800 GOC
police officers, 250 border officials, 90 traffic police officers,
30 police officers who deal with juvenile delinquency, 27 police
officers responsible for illegal migration). These sessions utilized
specifically trained trainers who plan to further train their
colleagues using a pyramid approach; in total 32 police officers
dealing with illegal migrations and 16 police officers dealing with
organized crime, 15 persons who work in the reception centers and
who are responsible for children, and 42 judges and state attorneys
were trained. A trafficking in persons curriculum continued to be
implemented through the Police Academy, providing for long-term
sustainability in the standard required education of police officers
in Croatia. During 2006, the Police Academy High Police School
continued to hold lecture units on the suppression of trafficking in
persons as part of the "Criminalistics" course and the "Organized
Crime Investigation Methods" course. In addition, in January 2007
the Ministry of Interior conducted an exercise, jointly funded with
the IOM, attended by representatives of the Ministry of Interior,
Health and Social welfare, State Prosecutors, and NGOs who deal with
TIP issues. The main outcome of this session was a draft of the
Protocol regarding the Work of the Mobile Teams. This protocol
should provide an official framework for cooperation between the
police and members of civil society working with TIP victims.
Lastly, the GOC provided specialized trainings for about 40 NGO
members who directly work with GOC institutions, 30 students and 100
members of the Roma community.


J. The GOC, through the International Center for Migration and
Policy Development (ICMPD),established institutional cooperation
with other countries in Southeastern Europe. According to the
Ministry of Interior, six cooperative investigations have resulted
in concrete criminal charges. The Interior Ministry continued to
actively participate in all regional and international

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anti-trafficking initiatives in cooperation with Interpol, Europol,
and the Southeast European Cooperative Initiative (SECI) Regional
Center for Combating Trans-Border Crime. The GOC continues active
participation and cooperation with the Council of Europe, the
Central European Initiative (CEI),Adriatic-Ionian Initiative (AII),
South-East European Cooperation Process (SEECP),the Organization
for Security and Co-operation in Europe (OSCE),the United Nations
High Commissioner for Refugees (UNHCR),the International
Organization for Migration (IOM),the International Center for
Migration Policy Development (ICMPD),the United Nations Development
Program (UNDP),the International Criminal Investigative Training
and Assistance Program (ICITAP),and the Organized Crime Training
Network (OCTN). The Ministry also reported frequent contacts with
foreign countries regarding various investigations. As part of
Croatia's accession process to the European Union, the GOC
cooperates with EU Member States.


K. According to the GOC, Croatia did not have any requests for
extradition of foreign traffickers, and thus Croatia reported no TIP
extraditions to foreign countries. The Croatian Constitution
prohibits extradition of its nationals.


L. There is no evidence of GOC officials' involvement in trafficking
activities or tolerance of trafficking.


M. Not applicable. TheQ is no evidence of GOC officials being
involved in any form of TIP crimes.


N. The GOC did not identify problems with child sex tourism and the
GOC is not aware of any prosecutions or extraditions of foreign
pedophiles in 2006. The Croatian Penal Code contains provisions that
punish pedophilia; official statistics for 2007 will be available in
March 2007. The Croatian Penal Code which covers child sexual abuse
contains an extraterritorial provision.


O. The GOC has signed and ratified the following documents:

ILO Convention 182 concerning the prohibition and immediate action
for the elimination of the worst forms of child labor. (Ratified
17.07 2001.)

ILO Convention 29 and 105 on forced or compulsory labor. (ILO
Convention 29 was taken over from former Yugoslavia 08.10.1991 and
105 was ratified 05.03.1997)

The Optional Protocol to the Convention on the Rights of the Child
on the sale of children, child prostitution and child pornography.
(ratified 21.03.2002)

The Protocol to Prevent, Suppress and Punish Trafficking in Persons,
especially Women and Children, supplementing the UN Convention
Against Transnational Organized Crime (signed on 13.12.2000 and
ratified on 07.11.2002)


4. (SBU) PROTECTION AND ASSISTANCE


A. Victims of trafficking are provided with legal, medical and
psychological services. In the reporting period Croatia assisted 16
TIP victims and offered assistance: legal, social, and medical.
Only two victims accepted accommodation in the state shelter. Other
victims expressed their willingness to return to their place of
residence. Before the victims returned to their place of origin,
they were placed in reception centers, and minor victims received
temporary assistance through the social welfare system. Six
Croatian victims identified were accommodated within their families
in Croatia. In May 2005, the GOC signed the Council of Europe
Convention on Action against TIP, emphasizing enhancement of
mechanisms to protect victims. This Convention is in the early
process of ratification. All TIP victims are relieved from
deportation or detention. Trafficked victims in Croatia are
protected from secondary victimization, stigmatization and
incrimination, prosecution or imprisonment for acts committed within
the process of trafficking.


B. The GOC funds NGOs operating the SOS helpline and provides
funding for two shelters (one for adults and one for minors) for
victims of trafficking. The GOC also provides financial support to
several NGOs involved in anti-TIP activities, and provides
assistance to trafficking victims, including educational and
vocational training.


C. Croatia has a national referral system, employing "mobile teams",
through which victims are identified and referred for assistance.

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The GOC has protocols in place for the identification and treatment
of trafficking victims: Protocol on Detection and Care for Victims
of Trafficking in Persons, Instructions for Interviewing Illegal
Migrants and Other Persons Who are Suspected Victims of Trafficking
and Rules and Procedures in Shelters. Special procedures (Laws and
Protocols) are used for minor victims of trafficking. Border police
and other police officers are instructed in all protocols. Social
workers also have special instructions on how to recognize and treat
victims of trafficking. In addition, 21 social workers have been
appointed in each county to deal specifically with TIP victims who
are minors.


D. The GOC did not deport or punish victims of trafficking. While
the law criminalizes international prostitution and unauthorized
(illegal) border crossings, it exempts trafficking victims from
prosecution. Similarly, the law allows authorities to charge
foreign prostitutes with a misdemeanor and initiate deportation
proceedings if they do not fulfill legal requirements for their stay
in Croatia, but exempts trafficking victims from deportation and
detention.


E. Regulation of victim's legal status in Croatia is not conditioned
upon the victim's cooperation with the prosecution. TIP victims are
entitled to file both civil and criminal lawsuits. In addition,
according to the Croatian legislation, victims have the right to
press charges themselves and may continue to prosecute a case that
has been dropped by the State Prosecutor.


F. The GOC, in cooperation with civil society, provided the
following assistance to victims of trafficking: medical, legal,
accommodation, psychological, re-employment counseling, return and
repatriation. Although Croatia has a Witness Protection Law, in
practice during the reporting period the GOC did not apply this law
for TIP cases.


G. All training for officials of the GOC is listed above in section
I (Prosecution and Investigations).


H. Repatriated nationals are entitled to state health care, and
Croatian citizens generally are reunited with their families.
According to the GOC, Croatian citizens who have been identified as
TIP victims have been offered all forms of assistance. The GOC
assisted six repatriated Croatian nationals through legal, medical,
social, psychological assistance and vocational training.


I. First aid to the victims of trafficking is being offered in
cooperation with Croatian Government officials by the following
organizations: Organization for Integrity and Prosperity (OIP),
Rosa, Korak, Red Cross and Women Association Vukovar. NGOs reported
excellent cooperation with the Government Office for Human Rights,
Ministry of Interior and the local police officers. One NGO
(Organization for Integrity and Prosperity, or OIP) runs a shelter
for victims that is funded by the GOC (with IOM funding until
January 2007). Three NGOs run the SOS helpline (OIP, Rosa, Women
Association Vukovar),and two NGOs (Korak and Rosa) provide for
victims assistance, offering alternative accommodation. The
Croatian Red Cross operates temporary reception centers for TIP
victims and a shelter for adult victims of TIP.


5. (U) Embassy points of contact are Political Officer Douglas A.
Fisk Phone: 385-1-661-2341, fax: 385-1-661-2147 and local assistant
Vladimira Djukic Phone: 385-1-661-2422. In preparing the report, the
04-ranked officer spent approximately 25 hours and a local assistant
spent approximately 20 hours.

BRADTKE