MOLDOVA: NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT

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RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHNP RUEHPOD RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHCH #0108/01 0490655
ZNR UUUUU ZZH
R 180655Z FEB 09
FM AMEMBASSY CHISINAU
TO RUEHC/SECSTATE WASHDC 7629
INFO RUEHVEN/USMISSION USOSCE 2391
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RHEFDHS/DHS WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHAD/AMEMBASSY ABU DHABI 0134
RUEHBS/USEU BRUSSELS

UNCLAS SECTION 01 OF 27 CHISINAU 000108 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL/AE, PRM, EUR/UMB 
STATE PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PHUM, KTIP, PGOV, KWMN, ELAB, SMIG, ASEC, MD 
SUBJECT: MOLDOVA: NINTH ANNUAL TRAFFICKING IN 
PERSONS (TIP) REPORT 
 
REFS: A. 08 STATE 132759, B. 08 Chisinau 1277 
 

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accurately the percentage of eventual convictions

such investigations yield. The reporting that we

have received, which is made in the face of such

obstacles, reflects considerable effort by the GOM

to meet our requirements.



6. (SBU) In addition to the difficulties mentioned

above, figures for the number of trafficking

victims can only be estimated. Under the common

assumption that 70 percent of cases go unreported,

IOM's figure of 2,286 victims assisted between

2000 and 2007 translates to 7,620 victims, or

slightly less than 1 percent of the 1.0 to 1.1

million Moldovans working abroad, according to a

2008 Gallup poll extrapolation.



7. (SBU) Information on trafficking from IOM was

perhaps the most reliable as to the numbers and

demographics of victims. In May 2007, the

International Center for Migration Policy

Development (ICMPD) conducted a survey on anti-

trafficking efforts in Moldova, following which

the Ministry for Social Protection, Family, and

Child (MSP) assumed responsibility for the

national victim-centred database. In December

2007, the ICMPD delivered a computer and software

for use by the National Coordinating Unit in the

MSP, which coordinates all data collection for the

National Referral System.



8. (SBU) The Center for Combating Trafficking in



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Persons (CCTIP) and the Prosecutor General's

Office (PGO) kept records of the trafficking cases

they worked with. The OSCE kept comprehensive

information on organizations providing assistance.

The Center for Prevention of Trafficking in Women

(CPTW) also provided information on repatriated

victims and legal services that have been provided

to them, but this information was sporadic. OSCE,

the American Bar Association's Central European

and Eurasian Law Initiative (ABA-CEELI),and the

Embassy's Resident Legal Advisor (RLA) remained

the best sources for information on legislative

reform in the trafficking area.



9. (SBU) Ref A Question 23 B: Is the country a

country of origin, transit, and/or destination for

internationally trafficked men, women, or

children? Does trafficking occur within the

country's borders? If so, does internal

trafficking occur in territory outside of the

government's control (e.g., in a civil war

situation [sic])? To where are people trafficked?

For what purposes are they trafficked? Provide,

where possible, numbers or estimates for each

group of trafficking victims. Have there been any

changes in the TIP situation since the last TIP

Report (e.g., changes in destinations)?



10. (SBU) Moldova is primarily a country of

origin. As Ref B notes, the crime of trafficking

per se occurs mostly outside the borders of the

country, after potential victims are lured abroad

(mostly by friends or relatives),or make the

decision to accept what they know to be high-risk

employment. Increasingly we hear reports of a new

pattern of trafficking in which, instead of

traffickers luring girls abroad, victims who have

gone abroad voluntarily to seek employment are

entrapped when they arrive elsewhere. In such

cases no criminal actions take place within

Moldova, and the entire crime takes place in the

destination country.



11. (SBU) Moldova remained a source country for

trafficked persons, particularly women and girls;

the approximately one percent of the population

working abroad that has been trafficked is a

relatively low per capita number. It is also to a

lesser extent a transit country, and there are

some reported cases of internal trafficking, often

of girls from rural areas, to the capital

Chisinau. Only isolated cases of trafficking to

Moldova as a destination country have been

reported.



12. (SBU) Moldovan victims are attracted to Russia

and countries of the Middle East. Turkey remained

the leading destination country in 2008, partly

because of the large number of non-stop flights

between Chisinau and Istanbul, and the

availability of airport visas upon arrival for

Moldovan citizens. IOM reported that Moldova

continued to emerge as a hub for trafficking

because of corruption, and the ease with which

real or fake documents can be produced in Moldova.

Sex tourism exists, but no statistics are

available. Because of the ease of travel, and the

efforts of particular travel organizations,

clients for sex tourism usually came from Turkey.



13. (SBU) Child sex tourism does not appear to be

a serious problem in Moldova. Post is unaware of

any, small or large, commercial endeavors which

involve child sex crimes save one. Post is

following an ongoing investigation between a

Western European country and the GOM involving the

distribution of child pornography via the

Internet. While there is no confirmation that

these images were produced in Moldova, the



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supposition seems reasonable since the target of

this investigation lives and works in Moldova.

Current information suggests this person acted

alone and is not a member of an organized crime

network. The governments of Moldova and the

Western European country are investigating this

possibility and our Embassy remains ready to

assist.



14. (SBU) Occasionally Post becomes aware of cases

of pedophiles traveling to Moldova individually to

exploit children. Such a case yielded a U.S.

conviction in 2007. Post remains involved in

investigating one ongoing case and believes the

GOM would immediately communicate to the Embassy

any further cases which might become known.



15. (SBU) While Post has seen several instances of

children being smuggled outside of Moldova in the

past few months, all of these incidents were

humanitarian family-reunification cases in which

Moldovan parents, working illegally outside of

Moldova (not trafficked),had been arranging for

their children to be transported to them. None of

these cases appears to be utilizing child sex

tourism networks. Post remains vigilant in

investigating the possibility of trafficking in

Moldovan children.



16. (SBU) Ref A Question 23 C. What kind of

conditions are the victims trafficked into?



17. (SBU) Ref B noted that conditions of servitude

seem to have improved. We are witnessing a new

pattern in trafficking. Increasingly, young women

are "persuaded" into prostitution as part of a

debt-bondage scheme, not beaten, permitted to keep

some of the money they earn, and allowed to

telephone home. They frequently can purchase

their own freedom by recruiting a friend or

relative to take their place. Men offered

apparently legitimate jobs and working in the

construction industry abroad are frequently

underpaid, or not paid at all, and threatened with

exposure to the police if they fail to cooperate.

(Note: These descriptions are anecdotal and based

on the small number of victims of trafficking

available for data collection. End note.)



18. (SBU) Ref A Question 23 D. Vulnerability to

TIP: Are certain groups of persons more at risk of

being trafficked (e.g., women and children, boys

versus girls, certain ethnic groups, refugees,

IDPs, etc.)?



19. (SBU) According to the IOM and La Strada

interlocutors in ref B, young women with poor

educational levels, low intelligence, and no job

prospects, living in bleak, economically depressed

rural areas, are the most vulnerable.



20. Ref A Question 23 E. Traffickers and Their

Methods: Who are the traffickers/exploiters? Are

they independent business people? Small or

family-based crime groups? Large international

organized crime syndicates? What methods are used

to approach victims? For example, are they

offered lucrative jobs, sold by their families, or

approached by friends of friends? What methods

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

documents being used?). Are employment, travel,

and tourism agencies or marriage brokers involved

with or fronting for traffickers or crime groups

to traffic individuals?



21. (SBU) Perpetrators of TIP in Moldova can be

divided into two groups: direct perpetrators and

agents of trafficking. Direct perpetrators are

criminals who themselves forcefully or



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fraudulently compel individuals to work in

conditions of involuntary labor. The actual crime

of trafficking, the moment at which force or

threats compel the victim to do the bidding of the

trafficker, is occurring mostly outside of

Moldova. We know of recruitment in Moldova which

involves single men persuading individual women to

travel aboard for work in the commercial sex

industry. This recruitment becomes trafficking

when the women, through fraud or compulsion

exercised by the recruiter, travel to another

country and then work under duress. Presumably

the same technique might be used to recruit

persons directly for other types of labor. We are

unable to determine the extent or direction of

this trafficking method, as existing reporting is

anecdotal, and we cannot tell whether trafficking

for eventual work in the sex trade is the most

common. If the victim chooses to leave Moldova

willingly to work in the sex industry, then no

crime has taken place within Moldova's borders.



22. (SBU) Also present is agency trafficking, in

which a firm or individual in a foreign country

engages someone to recruit multiple victims in

Moldova. These agents are often perpetrators of

"happy trafficking," the phenomenon of friends or

acquaintances recruiting persons in Moldova in

exchange for release from the agent's own peonage

in the other country. In a typical scenario, an

employment company in a foreign country would

charge a current trafficking victim with returning

to Moldova to recruit one or more victims. After

being convinced that payment and terms are

adequate, those future victims move to the agent's

former country, where they are then compelled to

work. In exchange, the agent receives release

from debts owed or other considerations.



23. (SBU) Major transnational organized crime

syndicates do not appear to be significant, direct

actors in TIP in Moldova. In the early part of

this decade, the GOM initiated a broad effort

against organized crime. It appears that the most

nefarious forms of organized crime--trafficking in

persons and dangerous goods, kidnapping for

ransom, and extortion through violence--are far

less common in Moldova than in neighboring

countries. While Moldovan citizens might fall

victim to organized crime trafficking networks

outside of their country, such organizations do

not appear to be operating in force in Moldova.



24. (SBU) An important side note here is the

possible use of online social networking sites.

Awareness and use of the Internet among young

urban Moldovans appears high; information

technology is a mandatory subject at the high

school level. Solitary persons, or possibly

organized groups, seeking to recruit potential

trafficking victims could use these sites to make

contacts with Moldovans without ever entering the

country. This method could be available to both

direct perpetrators and agents of trafficking.

Given the lack of direct evidence, we can make no

conclusions regarding the extent of online

recruiting.



25. (SBU) Ref A Question 24 A. Does the

government acknowledge that trafficking is a

problem in the country? If not, why not?



26. (SBU) The Government's stated, official

approach toward anti-trafficking efforts is one of

strong commitment. Foreign governments, NGOs, and

the international media pressure the GOM to make

public statements conceding a serious TIP problem.

Responding to these pressures and his own

concerns, the President himself has made public



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statements about the government's commitment to

fighting trafficking. Our meetings with Moldovan

officials are consistently marked by their

expressed concern to reduce TIP; GOM officials

respond positively to our requests for

information, as noted in paras. 4 and 5 above.

Continued foreign assistance is contingent on such

statements followed by actions. GOM institutions

dealing with TIP (particularly the MSP and CCTIP)

describe the problem of TIP as difficult to

overcome. The GOM works officially to address

TIP, yet existing problems such as corruption and

a lack of resources undermine these efforts.



27. (SBU) Many police contacts, including sources

outside of the capital, state that the GOM's

stress on the importance of counter-TIP efforts

comes at the expense of other, often TIP-related

law enforcement efforts. For example, domestic

abuse and alcoholism, which appear disturbingly

common throughout Moldova, are difficult to

investigate because authorities lack vehicles to

transport officers to crime scenes expeditiously.

GOM efforts to make the broad, societal

improvements which would address the root causes

of TIP, according to these sources, are inhibited

by the skewing of resource allocations to TIP-

related activities.



28. (SBU) Corruption is rampant throughout

Moldova, but we are unable to determine to what

extent this problem facilitates TIP. It would

appear to at least make the practice easier and at

worst to act as a strong motivation to participate

in it.



29. (SBU) Ref B Question 24 B. Which government

agencies are involved in anti- trafficking efforts

and which agency, if any, has the lead?



30. (SBU) We are seeing some progress towards the

GOM's assumption of responsibilities which are the

monopoly of government: investigation, arrests,

inter-agency cooperation, and case management.

However, prosecution efforts, especially those

which should be directed at high officials who

might be complicit in trafficking, continue to

lag. At this point, given the changing nature of

trafficking recruitment we cannot even be sure

that there are high-level officials involved in

the trafficking effort. All GOM actions in

combating TIP are institutionally centered at the

CCTIP, the lead GOM lead agency in anti-TIP

efforts. In 2008, the CCTIP was restructured,

with eight officers assigned to regional

coordination centers in the north and south of the

country. In each raion, one or two police

officers are detailed to report to CCTIP

coordination officers. The GOM individual

responsible for coordinating TIP-reduction efforts

is Deputy Prime Minister Valentin Mejinschi.



31. (SBU) The government, at the national and

local level, used the National Referral Mechanism

to coordinate prosecution, protection and

prevention. Government-appointed social workers

and teachers, working with religious leaders, NGOs

and National Referral system multi-disciplinary

teams, were involved in prevention of trafficking

and giving assistance to victims. In mid-2007,

the Ministry of Social Protection, Family, and

Child (MSP) began to co-chair with the OSCE

Mission the monthly Technical Coordination

Meetings (TCMs). At TCMs, NGOs, the government,

international organizations, and foreign embassies

make presentations on their work and coordinate

efforts.



32. (SBU) At the end of 2006, the Ministry of



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Foreign Affairs and European Integration opened

information centers on trafficking in persons in

Moldovan embassies abroad, appointed counter-

trafficking focal points at Moldovan diplomatic

missions in major destination countries, and

provided training for these individuals. Efforts

abroad focus on identifying victims and providing

services, including repatriation to victims who

seek assistance. Victims whose passports have

been confiscated may still be repatriated if the

consular officer can identify them as Moldovan

citizens. The National Committee has the lead

role in reviewing the government's anti-

trafficking efforts, and it continued to hold

meetings, which were open to NGOs and the

international community. Representatives from

various ministries, raions (districts) and civil

society make presentations on their efforts at

these meetings. In 2007, three National Committee

meetings were conducted in urban hubs to

accommodate as many regions as possible;

information on GOM anti-trafficking efforts is

posted on the Ministry of Interior website, and

disseminated in the print media and on national

and regional television and radio. According to

the latest information available on the OSCE's

anti-trafficking website (www.atnet.md),one

National Committee meeting took place in 2008, on

July 30 in Chisinau.



33. (SBU) The following government agencies were

involved in anti-trafficking efforts: the

National Committee to Combat Trafficking in

Persons (to be headed by a deputy prime minister,

according to law); the inter-agency task force

CCTIP; the Ministry of Justice; the Ministry of

Internal Affairs (MOI); the Ministry of Foreign

Affairs and European Integration; the Ministry of

Education, Youth and Sports; the Migration Bureau

of the MOI; the Ministry of Health, the Ministry

of Social Protection, Family and Child; the

Ministry of Economy and Trade; the Customs

Service; the National Tourism Agency; the

Information and Security Service; the Statistics

and Sociology Department; the Information

Development Ministry (passport authority); the

Border Guards Service; the Center for Combating

Economic Crime and Corruption; the Licensing

Chamber; and the Prosecutor General's Office. The

CCTIP has the lead in coordinating and leading GOM

efforts against TIP.

The Ministry of Interior and the National

Committee to Combat Trafficking in Persons are

responsible for developing anti-trafficking

programs within the government.



34. (SBU) The Ministry of Foreign Affairs and

European Integration; the Intelligence and

Security Service; the

Ministry of Interior; the Border Guard Service;

and the National Migration Bureau are required to

take necessary actions to forbid the presence in

Moldova of foreign citizens and stateless persons,

when there is accurate information that they are

traffickers in human beings. Also, the Ministry

of Foreign Affairs and European Integration

organizes and participates in negotiations aimed

at signing international treaties with other

states and international organizations in the

field of trafficking in human beings, as well as

through granting assistance and protection to

trafficked persons abroad.



35. (SBU) The Border Guard Service is required to

prevent and combat trafficking in human beings

through prevention, detection, and deterrence of

attempted border crossings by traffickers in human

beings, as well as illegal border crossings of the

state border by victims of trafficking in human



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beings.



36. (SBU) MSP, with the assistance of the National

Employment Agency, publishes information on the

situation in the labor market, vocational training

programs, and incentives for employment, by

offering labor mediation services, professional

information and counseling, vocational orientation

and training, as well as consultations and

assistance in starting a business activity.



37. (SBU) The Ministry of Education, Youth and

Sports, in cooperation with other interested

ministries,

local public administration authorities, and non-

governmental organizations working in this field,

develops educational and training programs for

teachers, parents, children, and at-risk groups

aimed at eliminating all the causes and conditions

that foster trafficking in human beings,

especially in women and children.



38. (SBU) The Ministry of Information Development

ensures the identification of victims of

trafficking in human beings and issues residence

permits or identity cards to victims of

trafficking in human beings who are foreign

citizens or stateless persons, when their stay in

Moldova is necessary because of their personal

circumstances or their participation in criminal

proceedings against the trafficker. We have no

record of such cases occurring in 2008.



39. (SBU) The Ministry of Economy and Commerce,

together with other interested ministries and

departments, develops and implements socio-

economic programs aimed at the removal

of the economic causes and conditions encouraging

illegal migration, including trafficking in human

beings.



40. (SBU) Ref A Question 24C. 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?



41. (SBU) If the solution to trafficking in

Moldova is a modern, well-funded State-led

initiative against the practice, then Moldova is

significantly behind where it needs to be to meet

that goal. Salaries for Moldovan law enforcement

and judiciary officials are appallingly low, not

only making them vulnerable to corruption, but in

many cases compelled to seek extra sources of

income. The typical officer, with three family

members to care for and a home to keep, cannot

provide for his family on his official salary.

Officials of the Center for Combating Trafficking

in Persons (CCTIP),however, earn higher salaries

than their colleagues in the Ministry of Interior.

We are aware of widespread official corruption but

are uncertain its true extent or nature. Sources

have reported that officers generally avoid the

most offensive and most egregious types of

bribery, out of some sense of integrity and a fear

of reprisal.



42. (SBU) Existing law enforcement resources are

also a problem. CCTIP, for example, was founded

with U.S. assistance, but was to be maintained by

the GOM. However, two years after the formal

establishment of the Center, the facility receives

only salaries, space, and stationery from the

Government. The Center has to scrounge for funds

to cover its ongoing operational costs: office

supplies, vehicles, cellular phones, other

equipment and training. The USG provides some



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assistance in the form of vehicles, equipment and

training.

43. (SBU) Other law enforcement entities with

direct involvement in counter-trafficking efforts

are even less adequately equipped. The Ministry

of Interior's Department of Operative Services

conducts the majority of felony-level

investigations in Moldova. Operative Services

relies heavily on twenty-four vehicles donated by

the USG, and is often lacking even the most

rudimentary financial support. For example, when

Operative Services sought to infiltrate a

nefarious goods trafficking ring and required

$5,000 to carry out a buy/bust operation, they

solicited foreign embassies for assistance.



44. (SBU) Sex trafficking and conventional labor

trafficking continue despite Moldovan law

enforcement efforts. The conventional wisdom is

that trafficking thrives in Moldova because law

enforcement is corrupt and benefits from

trafficking. It appears, though, that despite

Moldovan officers' willingness to accept bribes,

trafficking continues not because the police are

corrupt or incompetent, but because a modern and

effective police force, capable of thwarting

traffickers, still does not exist in Moldova.



45. (SBU) In both the areas of sex trafficking and

trafficking for labor, most of the fraud which

allows persons to travel illegally to other

countries does occur in Moldova itself. However,

the coercion which sends victims into peonage or

forced labor is subsequent to the fraud, and is

usually carried out abroad. Since the fraud is

not perpetrated on a visible level, such as in the

mid-nineties when women were violently taken out

of Moldova, it is difficult for Moldovan law

enforcement to investigate.



46. (SBU) Today's direct traffickers are not

shackling women and putting them in buses against

their will. They are approaching girls at

nightclubs and strip bars, buying those women

drinks, taking them to dinner, and slowly

persuading them to come with them to Dubai or

Nicosia, ostensibly to work as waitresses (or

other seemingly innocuous positions). These

direct recruiters make false promises and thus

commit fraud, but generally they are not

committing the crime of trafficking in Moldova.

Additionally, if they come to Moldova once every

few years, Moldovan law enforcement will have a

hard time spotting them.



47. (SBU) Agent traffickers are equally difficult

to investigate and prosecute. Often they are

friends or relatives (increasingly women) who send

a contact outside Moldova, where that person is

then subject to abuse. It is possible for

Moldovan law enforcement to investigate and

prosecute an individual who misrepresents working

conditions to an acquaintance since that

individual is likely Moldovan and resident in

Moldova. But these are cases which end with the

arrest of that individual low-level Moldovan. The

true perpetrators of the crime of trafficking are

not in Moldova. They are the construction firm or

nightclub owner in Tel Aviv, for example, on

behalf of whom the Moldovan recruiter is working.

The leader of the enterprise is a suspect in

another country, not a criminal operator based in

Chisinau. Similarly, law enforcement can

infiltrate a travel agency which misrepresents

factory jobs in Istanbul, but unless that company

is tied to a large organization, the success ends

with the prosecution of the travel agency for

fraudulent documents, for example.





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48. (SBU) We note again that we do not see the

presence of large international networks

recruiting in Moldova and therefore would expect

that Moldovan law enforcement's most frequent

successes would be against direct and not agency

traffickers. The likelihood of modernizing the

Moldovan law enforcement institutions to the point

that they could successfully penetrate and

eliminate most or all of these small, personalized

networks is extraordinarily low. Law enforcement

agencies in the United States and Western Europe

struggle to eliminate such problems themselves.



49. (SBU) However, the government's failure to

undertake prosecution of a government official

allegedly complicit in trafficking remains a

problem, and contributed to Moldova's placement on

Tier Three in 2008. Statistics on the GOM website

(www.gov.md) for social protection and

prosecutions for crimes cover only the period from

1999 through 2006, and list only the following

crimes: thefts, robberies and brigandage, murder,

premeditated severe bodily injury, rape, narcotics

offenses, and hooliganism.



50. (SBU) The GOM's efforts against TIP contrast

with the apathy shown by left-bank Transnistrian

authorities, especially at the higher levels of

administration, to the NGOs that assist with anti-

trafficking efforts. According to NGOs on the

left bank, Transnistrian authorities neither

assist nor hinder their work.



51. (SBU) Corruption continued to pervade all

sectors of Moldovan government and society. There

are no hard numbers on the extent to which

government officials are complicit in trafficking

crimes. Most of these reports were limited to

low-level officials. During 2007, the CCTIP

reported eight bribery attempts of its officers by

suspects seeking to have cases closed or

dismissed. In 2008, two of these bribery cases

were still in court proceedings; in the other six

cases the defendants were convicted and fined from

MDL 15,000 ($1,414) to MDL 35,000 ($3,300.)



52. (SBU) Ref A Question 24 D. To what extent

does the government systematically monitor its

anti-trafficking efforts (on all fronts --

prosecution, victim protection, and prevention)

and periodically make available, publicly or

privately and directly or through

regional/international organizations, its

assessments of these anti-trafficking efforts?



53. (SBU) The GOM's institutional incapacity, and

the historical Soviet mindset that information is

to be hoarded within separate agencies, have

created a situation in which the GOM has not been

able to pull together a comprehensive statistical

and narrative analysis showing all its efforts and

all its results in prevention, protection,

prosecution, and incarceration. The creation of

the CCTIP reflects a government effort to have a

more centralized and more systematic approach to

carrying out and monitoring its anti-trafficking

efforts.



54. (SBU) Ref A Question 25A. Existing Laws

against TIP: Does the country have a law or laws

specifically prohibiting trafficking in persons--

both for sexual exploitation and labor? If so,

please specifically cite the name of the law(s)

and its date of enactment and provide the exact

language [actual copies preferable] of the TIP

provisions. 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



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and laws against illegal debt). Does the law(s)

cover both internal and 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?



55. (U) In 2005, Parliament passed a new law to

address comprehensively all aspects of the crime

of trafficking. In 2007, the government made a

series of efforts to implement the law. The IOM

reported that the MSP had provided staff and

facilities to assist victims of trafficking. At

the end of 2007 the MSP committed 512,000 Moldovan

lei (approximately USD 44,300) from its budget to

fund the activities of the Chisinau Rehabilitation

Center in 2008. See para. 98 for updated budget

allocations.



56. (U) In June 2005, Parliament passed an

amendment to the Law on Employment and Social

Protection, which now allows all categories of

vulnerable youth from 16 to 18 years of age

(graduates of residential institutions, orphans,

children without parental care, children from one-

parent families, victims of trafficking, disabled

persons, persons released from penitentiaries and

beneficiaries of rehabilitation institutions) to

receive government benefits. Before this

amendment, children between the ages of 16 and 18

were no longer covered by the educational and

housing services of the Ministry of Education, but

were not yet entitled to receive the benefits

provided by the Ministry of Economy and Trade,

such as unemployment or vocational training.



57. (U) Trafficking in persons was criminalized

under Moldovan law in August 2001. In 2005,

amendments to the Criminal Code made the victim's

consent to being trafficked irrelevant. In

addition, the anti-trafficking legislation was

complemented by passage of a comprehensive law on

the prevention and combating of trafficking in

persons that came into effect in December 2005.

The government worked closely with the

international community on the law, which was

studied and approved by the OSCE and the Council

of Europe. The law includes a definition of

trafficking that is fully consistent with the

Palermo Protocol. The law exempts victims from

criminal prosecution for illegal acts committed

during the trafficking experience, without

preconditioning this exemption on the victim's

willingness to cooperate with law enforcement

authorities, as the previous legislation

stipulated. The law also institutes a "reflection

period" of 30 days, during which time a victim can

decide whether he/she will cooperate with law

enforcement in any criminal proceedings against

his/her traffickers. Furthermore, the law

establishes obligations of central and local

public authorities with regard to combating

trafficking and assisting victims of trafficking.

For example, the Ministry of Foreign Affairs and

European Integration has been appointed as the

main governmental agency responsible for

coordinating the repatriation of victims.



58. (U) The articles in the current criminal code

on trafficking in persons and trafficking in

children include the following provisions. (Note:

the Law on Preventing and Combating Domestic

Violence was enacted on March 18, 2008 taking

effect after six months on September 18, 2008.

End note.)



Begin text:



CHISINAU 00000108 011 OF 027





Article 165. Trafficking in human beings, which

comprises



(1) Recruitment, transportation, transfer,

harboring or acceptance of a person for purposes

of commercial or non-commercial sexual

exploitation, forced work or services, slavery or

any forms of servitude, use of persons in armed

conflicts, transplantation of organs, or tests on

human beings, as well as for use of persons in

criminal activities, committed through:

a) Threatening or use of physical violence not

dangerous for life and health of the person,

including that through kidnapping, seizure of

documents, and servitude, in order to return

debts, the limits and size of which are not set in

a reasonable mode;

b) Deception;

c) Abuse of power, payment or receipt of charges

or benefits, in order to get consent of a person

who controls

other persons, or abuse of vulnerability,

is punished with imprisonment from seven to

fifteen years.



(2) Actions listed in paragraph (1) of this

article that were:

a) Committed repeatedly;

b) Against two or more persons;

c) Against pregnant women; committed

d) By two or more persons

f) By a public servant or a senior public servant;

g) By use of torture, inhuman treatment, or

degrading treatment in order to place persons

under control either through violence, rape,

physical dependence, use of weapons, threat of

disclosure of confidential information of the

person's family, or other persons, as well as

through other means,

are punished with imprisonment from ten to twenty

years.



Legal entities can be fined 100,000 to 140,000 lei

(approximately USD 10,000 to 14,000).



(3) Actions named in paragraphs 1 and 2 of this

article:

a) Committed by an organized criminal group or

criminal organization;

b) Resulting in death or serious bodily or mental

injuries to a person,

are punished with imprisonment from fifteen to

twenty-five years or with life imprisonment.



Article 206. Trafficking in children



(1) Recruitment, transportation, transfer,

harboring or

acceptance of a child or renting, receiving

payments or

benefits for obtaining consent of a person who

controls the

child for purposes of:

a) Commercial or non-commercial sexual

exploitation,

b) Forced labor or services;

c) Slavery or any forms of servitude, including

illegal adoption;

d) Use of a child in armed conflicts;

e) Use of a child in criminal activities;

f) Transplantation of organs, or tissues for

transplant;

g) Abandoning him/her abroad,

is punished with imprisonment from ten to fifteen

years.



(2) Actions listed in paragraph (1) of this

article, accompanied by:

a) Use of physical or psychological violence



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against a

child;

b) Sexual abuse of the child, commercial or non-

commercial sexual exploitation;

c) Use of torture, inhuman treatment, or degrading

treatment in order to ensure subordination of the

child

either through violence, rape, physical

dependence, use of

weapons, threat of disclosure of confidential

information

of the child's family, or other persons;

d) Enslavement, or conditions similar to slavery;

e) Use of the child in armed conflicts;

f) Transplantation of organs or tissues for

transplant,

are punished by imprisonment from fifteen to

twenty years.



(3) Actions listed in paragraphs 1 and 2 of this

article:

a) Committed repeatedly;

b) Committed against two or more children;

c) Committed by an organized criminal group or

criminal organization;

d) Resulting in death or serious bodily or mental

injuries of a child,

are punished with imprisonment from twenty to

twenty five years or life imprisonment.



59. (SBU) Ref A Question 25B. Punishment of Sex

Trafficking Offenses: What are the prescribed and

imposed penalties for trafficking people for

sexual exploitation?



60. (U) In December 2005, the Criminal Code was

amended to allow the prosecution of those who

organize illegal migration. In addition, Moldova

has criminal code articles on forced labor,

slavery and slavery-like conditions, illegal

transport of children out of the country (art. 206

CC),and forced removal of organs or tissues to be

used in transplant operations (art. 158 CC).

(Note: The Kidney Foundation of Moldova reported

that, according to its knowledge, 32 people were

trafficked from Moldova for organ retrieval in

2007. Updated data for 2008 are not yet available.

End note.) In 2007, authorities used these anti-

trafficking articles, and preexisting anti-

trafficking laws, in criminal cases. They also

targeted suspected traffickers with criminal

charges of pimping and document forging. All of

these laws cover both internal and external

trafficking. The penalty for trafficking varies

from seven years to life in prison.



61. (SBU) Ref A Question 25C. Punishment of Labor

Trafficking Offenses: What are the prescribed and

imposed penalties for trafficking for labor

exploitation, such as forced or bonded labor? If

your country is a source country for labor

migrants, do the government's laws provide for

criminal punishment (i.e., jail time) for labor

recruiters who engage in recruitment of workers

using knowingly fraudulent or deceptive offers

with the purpose of subjecting workers to

trafficking in the destination country? If your

country is a destination for labor migrants, are

there laws punishing employers or labor agents who

confiscate workers' passports or travel documents

for the purpose of trafficking, 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?



62. (U) The Moldovan Criminal Code under the

Trafficking in Persons section also defines "the

recruitment, transportation, transfer, harboring



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or receipt of a person for the purpose of labor

exploitation or services, in slavery or similar

conditions." Moreover, Moldova as a source

country incriminates forced or bonded labor and

slavery and conditions similar to slavery as

separate distinctive crimes and provides for jail

time. Hence, if a person is charged with

trafficking in persons for forced labor, besides

trafficking charges the labor recruiter may face

additional charges on forced labor or slavery.

Upon sentencing, the courts cumulate the penalty

prescribed for trafficking in persons (minimum: 7

years of imprisonment and maximum: life detention)

with the one prescribed for forced labor (minimum:

fine or 3 years of imprisonment and maximum: 10

years of imprisonment). The penalties imposed for

trafficking in persons for forced labor vary from

7 to 12 years or from 15 to 22 years of

imprisonment.



63. (SBU) Ref A Question 25D. What are the

prescribed penalties for rape or forcible sexual

assault? (Note: This is necessary to evaluate a

foreign government's compliance with TVPA Minimum

Standard 2, which reads: "For the knowing

commission of any act of sex traffickingthe

government of the country should prescribe

punishment commensurate with that for grave

crimes, such as forcible sexual assault (rape)."

End note.)



64. (U) The Moldovan Criminal Code stipulates that

the penalty for rape or forcible sexual assault

ranges from three years of imprisonment up to life

imprisonment when the crime is committed in

aggravating circumstances. For trafficking in

persons, the lowest penalty is seven years of

imprisonment, which is a higher jail term than for

the lowest penalty for rape. The highest penalty

is the same for both crimes--life imprisonment.

According to the criminal statute, both crimes are

considered as exceptionally grave and the

penalties prescribed for trafficking are

commensurate with or even higher than for forcible

sexual assault.



65. (SBU) Ref A Question 25 E. Law Enforcement

Statistics: Did the government prosecute any cases

against human trafficking offenders during the

reporting period? If so, provide numbers of

investigations, prosecutions, convictions, and

sentences imposed, including details on plea

bargains and fines, if relevant and available.

Please note the number of convicted traffickers

who received suspended sentences and the number

who received only a fine as punishment. Please

indicate which laws were used to investigate,

prosecute, convict, and sentence traffickers.

Also, if possible, please disaggregate numbers of

cases by type of TIP (labor vs. commercial sexual

exploitation) and victims (children under 18 years

of age vs. adults). If in a labor source country,

did the government criminally prosecute labor

recruiters who recruit workers using knowingly

fraudulent or deceptive offers or by imposing fees

or commissions for the purpose of subjecting the

worker to debt bondage? Did the government in a

labor destination country criminally prosecute

employers or labor agents who confiscate workers'

passports/travel documents for the purpose of

trafficking, switch contracts or terms of

employment without the worker's consent to keep

workers in a state of service, 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? What were the actual punishments

imposed on persons convicted of these offenses?

Are the traffickers serving the time sentenced? If



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not, why not?



66. (SBU) In 2008, CCTIP released statistics

regarding the number of cases opened, number of

cases sent to the courts and number of convictions

that carry penalties:



--Number of cases opened: TIP Q 215; Trafficking

in children Q 31; Taking children out the country

illegally Q 18; Pimping Q 161; Illegal migration

117;



--Number of cases sent to court: TIP Q 96;

Trafficking in children Q 31; Taking children out

the country illegally Q 3; Pimping Q 128; Illegal

migration: 56



--Number of convictions that carry penalties: TIP

and Trafficking in children -58 sentenced to

imprisonment from 7 to 23 years.



67. (SBU) The CCTIP and Ministry of Interior units

closed down 29 networks of trafficking and illegal

migration in 2008, including ten networks of

sexual exploitation (eight from Turkey and two

from Cyprus),one network of organ harvesting

(from Turkey),17 networks that organized illegal

migration, and one network of illegal

transportation of children.



68. (SBU) The GOM carried out oversight on the

lawfulness of orders (in 2007 and the first seven

months of 2008) which refused the initiation of

criminal proceedings, and terminating criminal

proceedings. Refusal to initiate cases occurred

in 54 cases, and termination occurred in 41 cases.

No evaluation of the propriety of these actions

has been provided.



69. (SBU) On June 20, 2008, the Chisinau Court of

Appeals sentenced Alexandru Covali (alias Shalun)

to 21 years imprisonment. Prosecutors

successfully argued that from 2001 to 2006 Covali

created a criminal organization which operated on

the territory of Moldova, Romania, and Ukraine,

orchestrating a broad network of human

trafficking, trafficking in children and pimping.

According to the prosecutors, the recruitment of

the victims was carried out in Moldovan territory,

mainly in Transnistria. Victims were transported

to Chisinau, being sheltered in specially prepared

houses and apartments. Covali remains in jail.



70. (SBU) On December 27, 2006, Moldovan citizen

Ion Gusin was convicted of trafficking in persons

and sentenced to 22 years in jail for his role as

pimp and translator for a foreign sex tourist,

U.S. citizen Anthony Bianchi. (See paras. 92,

131, and 139.) Gusin moved children around

Moldova for abuse by this perpetrator. The case

is notable for the successful prosecution of a

case of internal trafficking, and for the strong

cooperation offered to the USG by the GOM.



71. (SBU) Ref A Question 25 F. Does the

government provide any specialized training for

government officials in how to recognize,

investigate, and prosecute instances of

trafficking? Specify whether NGOs, international

organizations, and/or the USG provide specialized

training for host government officials.



72. (SBU) The Police Academy has included a

regular segment on trafficking in its curriculum

developed in conjunction with the NGO La Strada.

Members of the Supreme Court of Justice and the

PGO participated in training sessions organized by

OSCE that also included speakers from NGOs and our

Embassy's Resident Legal Advisor office. The



CHISINAU 00000108 015 OF 027





Ministry of Internal Affairs organized 32 seminars

and training sessions on trafficking for its

employees in 2008. In January 2008, the U.K.

Embassy jointly with the National Academy of

Justice of Moldova organized a training course for

judges, prosecutors, investigators and NGOs on

child trafficking and child pornography. In April

2008, CCTIP organized a seminar for employees of

the MSP on prevention, combating and assistance to

victims of human trafficking. In June 2008, EUBAM

organized with CCTIP a seminar on combating

trafficking in persons. Among the participants

were representatives from Ministry of Internal

Affairs, EUBAM, Border Guards Service and

Intelligence Services from Moldova and Ukraine.

Also, law enforcement officers from Hungary,

Slovakia, Romania, as well as IOM representatives,

were present. In September 2008, CCTIP hosted a

working meeting with representatives of consular

offices in the Republic of Moldova, at which

consular officers learned about methods and

techniques used by traffickers of human beings.

In November 2008, CCTIP jointly with Spanish

counterparts organized a seminar on combating

human trafficking.



73. (SBU) The U.S. Embassy provided six training

courses to officers of the Center for Combating

Trafficking in persons in 2008:



--Interview and Source Development Training Course

(January 21-25, 2008). The course increased the

knowledge and skills of CCTIP officers in the area

of modern interviewing methods, giving particular

attention to interviewing TIP victims and

vulnerable witnesses.



--Task/Strike Force Training (February 25Q28,

2008). The course trained CCTIP officers on task

force operations, particularly as they apply to

the fight against human trafficking.



--Public Relations/Media Training (April 7Q10,

2008). The session enhanced participants' ability

to conduct effective news conferences and

augmented writing and editing skills; it exposed

the participants to challenges experienced when

dealing with media representatives; and improved

the channels of communication and cooperation

between respective CCTIP agencies.



--Public Corruption Course (May 19Q23, 2008). The

trainers trained participants to conduct

investigations against public officials complicit

in crimes of human trafficking, not only against

law enforcement entities (police, border guards,

customs, prosecutors),but also against low- to

senior-level public administration officials (from

local to city and regional).



--Internet 2 Training (September 22Q26, 2008).

The participants learned to turn large volumes of

disparate data into actionable information by

using Analyst's Notebook 7, the world's most

powerful visual investigative analysis software.



--Legal Fundamentals of Combating Trafficking in

Persons in the Republic of Moldova (December 1-3,

2008). The course presented to investigators and

prosecutors the status of laws and regulations

that govern investigation and prosecution process

of counter-trafficking process and other

associated crimes.



74. (SBU) IOM organized and supported 43 training

sessions on prevention and combating of human

trafficking in 2008: seven training courses on the

National Referral System, with the participation

of multidisciplinary teams; three training



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sessions for family doctors on organ harvesting;

four training sessions for specialists in child

protection; 24 training courses for border guards

from Moldova, Romania and Ukraine and Moldovan

police officers on identification of victims of

trafficking; four training sessions in

Transnistria for volunteers and social workers on

prevention of human trafficking; and one training

session for law enforcement representatives.



75. (SBU) In 2008, La Strada organized:



--11 debriefings on identification of TIP victims

and new trends in human trafficking in 11 raions

of Moldova for social assistants, law enforcement

and teachers;



--three roundtable discussions for government

officials and teachers on the National Referral

System and prevention of human trafficking;



--one conference for government officials, civil

society, international organizations and

diplomatic missions. Among the topics addressed

were: the development of the National Referral

Mechanism in Ukraine, Moldova and Romania; and

best practices of cooperation among state

structures, civil society and international

organizations regarding assistance and protection

of victims of trafficking;



--six training courses organized in partnership

with IOM, the European Border Assistance Mission

(EUBAM),the National Institute of Justice, OSCE,

PGO and CCTIP on victim assistance and protection.



76. (SBU) Ref A Question 25 G: Does the government

cooperate with other governments in the

investigation and prosecution of trafficking

cases? If possible, provide the number of

cooperative international investigations on

trafficking during the reporting period.



77. (SBU) Following the 2008 Action Plan on

combating trafficking in persons and illegal

migration of the GUAM Working Group (Georgia,

Azerbaijan, Ukraine and Moldova),CCTIP

participated in international operations with GUAM

countries such as Perehvat II and Perehvat III

during May 12Q16, 2008 and November 17Q21, 2008.

The operations identified and liquidated criminal

networks dealing with human trafficking and

illegal migration on the territory of GUAM

countries.



78. (SBU) During 2008, EUBAM conducted two

international operations (April 7-24, 2008, and

August 26QSeptember 12, 2008) to combat human

trafficking and illegal migration with the

participation of officers from the CCTIP. To

enhance cooperation between Moldovan and Ukrainian

law enforcement in fighting human trafficking,

CCTIP and Moldovan Border Guards Service detached

liaison officers to Odessa to ensure an efficient

and timely exchange of information.



79. (SBU) The Government's investigation of

trafficking is largely limited to low- and mid-

level crimes. Although the law on operative

investigators was amended in February of 2004 to

expand investigators' ability to work undercover

and to use advanced techniques such as electronic

surveillance, investigators have not yet, as far

as the GOM has reported to us, taken full

advantage of this authority. Mitigated punishment

for cooperating suspects is available to

prosecutors under current Moldovan law, but the

procedure is used largely to dispose of

uncontested cases rather than as an investigative



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tool.



80. (SBU) Following the provisions of the Letter

of Agreement on Narcotics Control and Law

Enforcement signed in 2001 between the U.S.

Government and the GOM, the U.S. Government has

renovated the CCTIP, installing specially designed

office furniture and modern computer hardware and

software. The U.S. Embassy has developed a

comprehensive training plan for CCTIP staff, which

includes interview and interrogation techniques,

task and strike force management, ethics and

public corruption, information technology

training, officer safety and survival, and crime

scene management.



81. (SBU) Ref A Question 25 H. Does the

government extradite persons who are charged with

trafficking in other countries? If so, please

provide the number of traffickers extradited

during the reporting period, and the number of

trafficking extraditions pending. In particular,

please report on any pending or concluded

extraditions of trafficking offenders to the

United States.



82. (SBU) Persons who are charged with trafficking

in other countries can be extradited only on the

basis of an international treaty to which the

Republic of Moldova is a party or on terms of

reciprocity according to a judicial decision.

Although such treaties do exist between Moldova

and many countries, there have been no

extraditions for trafficking cases. Citizens of

the Republic of Moldova and persons who have been

granted political asylum by the Republic of

Moldova cannot be extradited from the country if

they have committed the crime abroad but are

subject to criminal liability in Moldova under the

present code.



83. (SBU) Ref A Question 25 I. Is there evidence

of government involvement in or tolerance of

trafficking, on a local or institutional level? If

so, please explain in detail.



84. (SBU) The GOM in summer 2008 gave details of

several cases on which it promised follow-up. See

paras. 142-144 for the latest update.



85. (SBU) Ref A Question 25 J. If government

officials are involved in trafficking, what steps

has the government taken to end such

participation? Please indicate the number of

government officials investigated and prosecuted

for involvement in trafficking or trafficking-

related corruption during the reporting period.

Have any been convicted? What sentence(s) was

imposed? Please specify if officials received

suspended sentences, or were given a fine, fired,

or reassigned to another position within the

government as punishment. Please indicate the

number of convicted officials that received

suspended sentences or received only a fine as

punishment.



86. (SBU)) On June 11, 2008, the Anticorruption

Prosecutor's Office resumed the investigation of

the alleged involvement of government officials

(former CCTIP Director Bejan and other CCTIP

officers) in trafficking. The prosecutors are

attempting to elicit cooperation of individuals

sentenced in the Covali case, who were suspected

of possessing information concerning Bejan's

alleged complicity The prosecutors are also

tracing the illegal assets originating from

Covali's criminal actions in order to determine

the nexus between Covali's trafficking activities

and corruption of government officials. The



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resumption of this high-profile investigation was

widely announced in the summer of 2008, via press

conferences and website postings. During 2008,

the PGO negotiated with the Superior Council of

Magistrates to lift the immunity of two trial

court judges and prosecute them. The magistrates

are suspected of unreasonably downgrading the

charges in two trafficking cases and imposing on

the defendants (traffickers) penalties more

lenient than prescribed by the law. See paras.

142-144 for further updates.



87. (SBU) Ref A Question 25 K. 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 countries with federalist

systems, prostitution laws may be under state or

local jurisdiction and may differ among

jurisdictions.



88. (U) Prostitution is not criminalized, but it

is an administrative offense punished by 30 days'

detention if practiced repeatedly. Clients are

not punished. Pimping is criminalized and the law

is enforced with penalties ranging from two to

seven years of jail time. Traditionally, many

cases that began as trafficking cases were

eventually downgraded to pimping; lack of solid

evidence and refusal of the victim to testify were

often cited by prosecutors and investigators.



89. (SBU) Ref A Question 25 L. For countries that

contribute troops to international peacekeeping

efforts, please indicate whether the government

vigorously investigated, prosecuted, convicted and

sentenced nationals of the country deployed abroad

as part of a peacekeeping or other similar mission

who engaged in or facilitated severe forms of

trafficking or who exploited victims of such

trafficking.



90. (SBU) No reports exist of Moldovan

peacekeepers (demining contingents) in Iraq

participating in such activities.



91. (SBU) Ref A Question 25 M. If the country has

an identified problem of child sex tourists coming

to the country, what are the countries of origin

for sex tourists? How many foreign pedophiles did

the government prosecute or deport/extradite to

their country of origin? If your host country's

nationals are perpetrators of child sex tourism,

do the country's child sexual abuse laws have

extraterritorial coverage (similar to the U.S.

PROTECT Act) to allow the prosecution of suspected

sex tourists for crimes committed abroad? If so,

how many of the country's nationals were

prosecuted and/or convicted during the reporting

period under the extraterritorial provision(s) for

traveling to other countries to engage in child

sex tourism?



92. (SBU) Of the 61 investigations launched by

CCTIP under the trafficking in children statute,

one high-profile case involved U.S. citizen Mark

Anthony Bianchi and Moldovan citizen Ion Georghe

Gusin. On the basis of this case, the CCTIP

launched 17 criminal investigations under the

child trafficking, violent acts of sexual nature,

forced sexual relations, and perverse acts

articles of the Criminal Code. The CCTIP worked

jointly with U.S. officials in the investigation

and prosecution of Bianchi, who was charged under

a 2003 U.S. federal law that makes it illegal for

Americans to commit sexual crimes against children



CHISINAU 00000108 019 OF 027





in foreign countries. Eight of the victims from

Moldova and four CCTIP officers traveled to

Philadelphia in July 2007 to testify in a U.S.

federal court, before an American jury, against

Mr. Bianchi. Bianchi was convicted in 2007. On

January 7, 2009, Judge Bruce Kaufman of the

Eastern District Court denied Bianchi's appeal of

his conviction. He has been incarcerated and

awaiting sentencing since his arrest. According

to a U.S. Immigration and Customs Enforcement

press release, Bianchi faces 36 years of

imprisonment, a mandatory minimum sentence of five

years, five years supervised release, a $3 million

fine and a $1,200 special assessment.



93. (SBU) Ref A Question 26 A. What kind of

protection is the government able under existing

law to provide for victims and witnesses? Does it

provide these protections in practice?



94. (SBU) In September 2008 GOM enacted a new

witness protection law, which included many

provisions recommended by the U.S. Embassy. The

law clearly distinguishes the activities pertinent

to protection of witness and actions meant to

assist victims of crimes. It also provides for

the creation of a separate witness protection

division under the Ministry of Interior.

According to the law, the prosecutor leading the

investigation is the ultimate decision-maker on

whether to place witnesses under a protection

program and whether to refer victims to special

social and medical care facilities. In addition

to a special Division on Witness Protection based

on the law, the CCTIP has a special unit for

witness and victim protection and assistance.

This unit protects and encourages victims to

assist in the investigation and prosecution of

trafficking cases. The main purpose of the unit,

even though it has no separate premises yet, is to

provide for physical and psychological protection.

Simple measures include court security, access to

police, police escorts, keeping the victims

constantly informed of the status of the legal

proceedings, access to counseling, and protection

while participating in criminal procedures. In

2009, the unit plans to open a new office,

renovated under a $500,000 USG grant. The office

will have specially furnished space (beds,

showers) that will enable officers to offer

victims confidentiality, secure housing and

protection during their participation in legal

proceedings. After the trial, the victims will be

referred to a center operated by the MSP in order

to get access to legal and social support

services, including post-trial counseling, to

address any trauma caused by testifying.



95. (SBU) Ref A Question 26 B. Does the country

have victim care facilities (shelters or drop-in

centers) which are accessible to trafficking

victims? Do foreign victims have the same access

to care as domestic trafficking victims? Where are

child victims placed (e.g., in shelters, foster

care, or juvenile justice detention centers)? Does

the country have specialized care for adults in

addition to children? Does the country have

specialized care for male victims as well as

female? Does the country have specialized

facilities dedicated to helping victims of

trafficking? Are these facilities operated by the

government or by NGOs? What is the funding source

of these facilities? Please estimate the amount

the government spent (in U.S. dollar equivalent)

on these specialized facilities dedicated to

helping trafficking victims during the reporting

period.



96. (SBU) Moldova currently does not have active



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arrangements with other countries on the provision

of temporary residence status for foreign-national

victims of trafficking.



97. (SBU) In December 2006, the Rehabilitation

Center of the IOM was transferred to government

ownership and responsibility. The renamed

Chisinau Assistance and Protection Center (CAPC)

for TIP victims and potential victims is a state

institution (established as of June 11, 2008) that

is managed by the Ministry of Social Protection

and Family and Child. The Center is supported by

the State budget (512,000 lei, approximately USD

52,000, was allocated for the Center in 2008) and

the IOM, according to the Cooperation Agreement

concluded between IOM and the MSP. In 2009, the

Center will receive 608,600 Lei from the State

Budget and 500,000 Lei for the repatriation of TIP

victims and children left without parental care

abroad. The Center serves at the primary contact

point in Moldova for repatriated victims,

including children.



98. (SBU) Apart from the MSP's CAPC, there are ten

maternal and youth centers providing such

assistance. These centers are supported by local

public authorities and NGOs. The IOM will cover

their operating costs for the next seven years.

Legal, medical, and psychological services are

mainly provided by international organizations and

NGOs. The CAPC is the only comprehensive victim

assistance facility in the country. Various

ministries have cooperated with NGOs and

international organizations to support assistance

efforts. For example, the Ministry of Interior

signed a Memorandum of Collaboration with the IOM

to ensure that victims of trafficking repatriated

through the IOM are not apprehended by border

guards to be transferred to the Ministry of

Internal Affairs for interrogation, but allowed to

go straight to the IOM Rehabilitation Center.

Maternal and youth centers were established with

USAID support and offer long term (six months to a

year) assistance services to victims of

trafficking. The USAID-funded centers include

psychological counseling, life skills, social and

professional reintegration.



99. (SBU) Ref A Question 26 C. Does the

government provide trafficking victims with access

to legal, medical and psychological services? If

so, please specify the kind of assistance

provided. Does the government provide funding or

other forms of support to foreign or domestic NGOs

and/or international organizations for providing

these services to trafficking victims? Please

explain and provide any funding amounts in U.S.

dollar equivalent. If assistance provided was in-

kind, please specify exact assistance. Please

specify if funding for assistance comes from a

federal budget or from regional or local

governments.



100. (SBU) See paras. 97-98 above.



101. (SBU) Ref A Question 26 D. Does the

government assist foreign trafficking victims, for

example, by providing temporary to permanent

residency status, or other relief from

deportation? If so, please explain.



102. (SBU) Post has no record of foreign

trafficking victims being present or assisted in

Moldova.



103. (SBU) Ref A Question 26 E. Does the

government provide longer-term shelter or housing

benefits to victims or other resources to aid the

victims in rebuilding their lives?



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104. (SBU) See paras. 97 and 98 above.



105. (SBU) Ref A Question 26 F. Does the

government have a referral process to transfer

victims detained, arrested or placed in protective

custody by law enforcement authorities to

institutions that provide short- or long-term care

(either government or NGO-run)?



106. (SBU) In 2008, the National Referral System

for Protection and Assistance of Victims and

Potential Victims of Trafficking (NRS) began

operating in 16 raions and two municipalities. In

an effort to improve the legal framework and the

institutionalization process of the NRS, the

Parliament adopted on December 5, 2008, the

Strategy and the Action Plan of the NRS on

protection and assistance to TIP victims and

potential TIP victims. The Strategy established

cooperation between competent state institutions

and national and international organizations that

are engaged in prevention and combating human

trafficking. The NRS has trained local

specialists in skills such as direct contact with

the victims; their reintegration into the family

and the society; and the prevention of stigma

usually attributed to TIP victims in society. The

multidisciplinary teams have been supplied with

separate phone lines, internet access, computers,

and stationary. Some were also provided with

furniture, and some coordinators of

multidisciplinary teams are attending computer

courses.



107. (SBU) The Center of Assistance and Protection

of TIP victims is the first contact point in

Moldova for repatriated victims, including

children, at which they receive temporary lodging

and legal, medical, psychological, and social

assistance. If there is a need for a special

service for the beneficiaries, these persons are

referred to NRS for assistance. During the first

11 months of 2008, 24 TIP victims and 34 potential

TIP victims were referred by NRS. On March 27,

2008, the Ministry of Social Protection signed a

Memorandum of Cooperation with UNDP, Ministry of

Public Administration, IOM, and the NGO

Association of Psychologists Tighina to establish

a partnership in order to implement the UNDP/USG

Project "Better Opportunities for Women." This

project hopes to establish an eight-bed center and

shelter in Transnistria for TIP victims.



108. (SBU) Ref A Question 26 G. What is the total

number of trafficking victims identified during

the reporting period? Of these, how many victims

were referred to care facilities for assistance by

law enforcement authorities during the reporting

period? By social services officials? What is the

number of victims assisted by government-funded

assistance programs and those not funded by the

government during the reporting period?



109. (SBU) In 2008, IOM Moldova provided

assistance to 142 TIP victims. Out of the total

IOM caseload, 26 TIP victims were referred through

the National Referral System and received

assistance from the local public authorities. The

Chisinau Center for Assistance and Protection

(CAPC) provided assistance to 135 TIP victims in

2008. The CAPC received state funding in 2008.

During August through December 2008, 38 TIP

victims received assistance at the CAPC. In 2008,

CCTIP reported that 70 victims participated in

criminal proceedings.



110. (SBU) Ref A Question 26 H. Do the

government's law enforcement, immigration, and



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social services personnel have a formal system of

proactively identifying victims of trafficking

among high-risk persons with whom they come in

contact (e.g., foreign persons arrested for

prostitution or immigration violations)? For

countries with legalized prostitution, does the

government have a mechanism for screening for

trafficking victims among persons involved in the

legal/regulated commercial sex trade?



111. (SBU) See paras. 106-107.



112. (SBU) Ref A Question 26 I. Are the rights of

victims respected? Are trafficking victims

detained or jailed? If so, for how long? Are

victims fined? Are victims prosecuted for

violations of other laws, such as those governing

immigration or prostitution?



113. (SBU) Most NGOs agree that the government's

treatment of victims continued to improve over the

last few years and particularly in 2008, as seen

in the coordinated efforts to assist victims

overseas, bring them home safely, and rehabilitate

them. The counter-trafficking law exempts victims

from prosecution for illegal actions committed

during the trafficking experience. Victims also

are not fined for violations of immigration laws.

Moreover, the new draft Code of Administrative

Offences expressly provides that the persons

engaged in practicing prostitution against their

will shall are exempted from administrative

liability.



114. (SBU) Ref A, Question 26 J. Does the

government encourage victims to assist in the

investigation and prosecution of trafficking? How

many victims assisted in the investigation and

prosecution of traffickers during the reporting

period? May victims file civil suits or seek

legal action against traffickers? Does anyone

impede victim access to such legal redress? 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? Are there means by

which a victim may obtain restitution?



115. (SBU) The government encouraged victims to

assist in the investigation and prosecution of

trafficking. Under Moldovan law, a victim can

obtain restitution through criminal proceedings,

but only if the victim requests it.



116. (SBU) Ref A Question 26 K. Does the

government provide any specialized training for

government officials in identifying trafficking

victims 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? What is the

number of trafficking victims assisted by the host

country's embassies or consulates abroad during

the reporting period? Please explain the type of

assistance provided (travel documents, referrals

to assistance, payment for transportation home).



117. (SBU) In addition to regular training

sessions conducted by CCTIP during 2008 for its

newly employed officers (at the CCTIP, at three

regional subdivisions, and at raion police

stations),the CCTIP organized:



--five courses on identification of TIP victims,

interviewing techniques to be used when dealing

with TIP victims, and eliciting their cooperation

in the course of the investigation of TIP cases;



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--a seminar in April 2008 for employees of the MSP

on prevention of, combating and assistance to

victims of human trafficking.



118. (SBU) In 2008, the NRS supported local

specialists, who attended a series of training

courses conducted by the MSP. The participants

learned about direct contact with the victims and

their reintegration into the family and the

society, and the prevention of any possible stigma

usually attributed to TIP victims in society. In

October, the MSP conducted an international

conference on anti-trafficking "National

Mechanisms of Referral for the Protection and

Assistance of Trafficking Victims--Theory and

Practice."



119. (SBU) Ref A Question 26 L. Does the

government provide assistance, such as medical

aid, shelter, or financial help, to its nationals

who are repatriated as victims of trafficking?



120. (SBU) See paras.57, 97, 98, and 107.



121. (SBU) Ref A Question 26M. Which

international organizations or NGOs, if any, work

with trafficking victims? What types of services

do they provide? What sort of cooperation do they

receive from local authorities?



122. (SBU) The International Organization for

Migration (IOM) and the NGO La Strada are the

principal organizations working with victims of

trafficking. They provide relief, rehabilitation,

and counseling. Several NGOs provide half-way

houses, typically with six to ten beds, for

victims of trafficking. Ref B describes positive

reports from IOM and La Strada on the types and

level of cooperation offered by the GOM.



123. (SBU) Ref A Question 27 A. Did the

government conduct anti-trafficking information or

education campaigns during the reporting period?

If so, briefly describe the campaign(s),including

their objectives and effectiveness. Please

provide the number of people reached by such

awareness efforts, if available. Do these

campaigns target potential trafficking victims

and/or the demand for trafficking (e.g., "clients"

of prostitutes or beneficiaries of forced labor)?

(Note: This can be an especially noteworthy

effort where prostitution is legal. End Note.)



124. (SBU) The National Employment Agency of the

Ministry of Economy and Trade continued to provide

vocational training free of charge to at-risk

persons and returned trafficking victims referred

by IOM. It distributed information to potential

victims about the job market and taught them how

to prepare a resume, how to apply for a job, and

how to handle a job interview, in addition to

informing them about their rights and about job

placement opportunities. In an effort to increase

public awareness related to trafficking in human

beings, CCTIP, with local and international NGOs

and IOs, developed and conducted seminars for high

students, teaching staff from schools and

universities, priests, local authorities and local

law enforcement officials.



125. (SBU) In 2008, the CCTIP organized and

conducted 30 seminars on prevention of human

trafficking in schools and universities of Moldova

(State University of Moldova, State University Ion

Creanga, Agrarian University, and Academy of

Economic Studies). Also, CCTIP conducted a number

of discussions with priests in an effort to raise

the awareness about human trafficking among the



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population. In March 2008, the CCTIP jointly with

the Ministry of Education conducted a round table

discussion with the leading students from major

universities and NGOs involved in prevention and

combating human trafficking. The Ministry of

Foreign Affairs and European Integration, Chamber

of Licensing, CCTIP, IOM and other NGOs launched a

campaign "Legal and Social Status of Youth".

During this campaign, the students received

comprehensive information about exchange programs,

Work & Travel opportunities, and challenges

associated with these programs.



126. (SBU) In 2008, CCTIP hosted discussions of

the problem of human trafficking in 27 interviews

broadcast on radio and TV channels such as

Moldova1, PRO TV, NIT, TV 21, TV7, and local media

outlets. The CCTIP conducts press conferences on

a monthly basis, reporting to NGOs and interested

members of the public society the activity of the

Center.



127. (SBU) In October, the MSP conducted an

international conference on anti-trafficking

"National Mechanisms of Referral for Protection

and Assistance of Trafficking Victims--Theory and

Practice." Representatives of the MSP

participated at the monthly Technical Coordination

Meetings on Combating Trafficking in Persons

hosted by OSCE.



128. (SBU) Ref A Question 27 B. Does the

government monitor immigration and emigration

patterns for evidence of trafficking?



129. (SBU) In 2004, Pasager, an automated system

to monitor borders, was implemented with U.S.

support, and is being used by the Border Guards

Service to, among other things, combat trafficking

in persons, by monitoring and recording

information on individuals crossing the border.

Passport scanners are used to detect counterfeit

documents. Information introduced into the system

using one of the three entry modules for road,

air, and railway traffic is stored in a central

database. At Chisinau airport, in cooperation

with the Ministry of Information Development, the

Border Service implemented real-time ID control

for Moldovan citizens. In addition, the system

has a mechanism for reviewing the most recent

entry records and travel history of Moldovan

citizens.



130. (SBU) Ref A Question 27 C. 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?



131. (SBU) The National Referral Mechanism

coordinates prosecution, protection and prevention

of TIP. See para. 31. The government cooperated

with other governments on investigation and

prosecution of TIP cases. The results depended in

part on the other country's response. Moldova is

a member of SECI and SEEPAG, the prosecutors'

corollary organization to SECI. On February 8,

2006, the government ratified an agreement with

Turkey to combat trafficking as part of a broader

effort to fight illegal drug trafficking,

international terrorism, and other organized

crime.



132. (SBU) On June 20, 2007, the government signed

a bilateral agreement with Slovakia on combating

organized crime. In 2007, the government began

negotiations on bilateral agreements on combating

TIP with and the UAE. At an April 26-27, 2007,



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meeting, senior law enforcement officials from

Moldova, Romania, and Ukraine negotiated a

trilateral agreement to establish a headquarters

in Romania.



133. (SBU) Between 2005 and 2007, CCTIP, all

Moldovan agencies collaborating in the CCTIP task

force, the Embassy and the U.S. Immigration and

Customs Enforcement, cooperated in a joint

international criminal investigation of American

citizen Anthony Mark Bianchi. Bianchi was charged

under a 2003 federal law that makes it illegal for

Americans to commit sexual crimes against children

in foreign countries. The two-year investigation

resulted in Bianchi's August 2007 conviction at

the Federal Court in Philadelphia on all counts of

sexual crimes against minors committed overseas.

The crime included a TIP charge levied in Moldova

against a local national who moved children to

facilitate Bianchi's acts in Moldova.



134. (SBU) Parliament ratified:



--ILO Convention 182 concerning the Prohibition

and Immediate Action for the Elimination of the

Worst Forms of Child Labor in February 2002.

--ILO Convention 29 in October 1999; it entered

into force in March 2001.

--ILO Convention 105 in March 1993.

--the Protocol to Prevent, Suppress and Punish

Trafficking in Persons, especially Women and

Children, supplementing the UN Convention against

Transnational Organized Crime, on February 17,

2005.



135. (SBU) With U.S. Government support, the

Government of Moldova established in January 2005

the multi-agency Center for Combating Trafficking

in Persons (CCTIP),which includes the

International Anti-trafficking Analytical Bureau,

and the Victim/Witness Protection Program. CCTIP

is a task force, drawn from numerous GOM

ministries, of prosecutors, investigators,

analysts and support personnel created to combat

trafficking in persons. New offices were

officially opened in April 2007. The U.S. Embassy

installed specially designed office furniture,

modern IT hardware, and computer software. CCTIP

has a fully-equipped modern conference room, which

is being used as training facility for many

courses, seminars and international round table

discussions.



136. (SBU) Ref A Question 27 D. Does the

government have a national plan of action to

address trafficking in persons? If the plan was

developed during the reporting period, which

agencies were involved in developing it? Were

NGOs consulted in the process? What steps has the

government taken to implement the action plan?



137. (SBU) On March 26, 2008, the third National

Plan to Prevent and Combat Trafficking in Human

Beings for 2008-2009 (National Plan) was passed by

the government. Drafting of the national Plan was

coordinated by the National Committee, with input

from other GOM agencies and NGOs. The National

Plan is designed to improve the legislative

framework, create an implementing mechanism for

existing and adopted laws, raise the awareness of

the risks of being trafficked and illegal

migration, decrease the vulnerability of children

to being trafficked, ensure social assistance,

extend international co-operation, increase the

number of cases and convictions for human

trafficking, offer recovery to the victims of

trafficking, and ensure non-discriminatory

treatment. As of 2008, local multi-disciplinary

anti-trafficking committees have also been



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established in all 32 districts of Moldova.



138. (SBU) Ref A Question 27 E: What measures has

the government taken during the reporting period

to reduce the demand for commercial sex acts?



139. (SBU) The Government has not reported on

measures taken to reduce the demand for commercial

sex acts.



140. (SBU) Ref A Question 27F. Required of all

Posts: What measures has the government taken

during the reporting period to reduce the

participation in international child sex tourism

by nationals of the country?



141. (SBU) See paras. 70, 92, and 133. The GOM

gave exemplary, active, and full-time cooperation

to the USG on the child sex tourism case of

Anthony Bianchi. The assistance, which

contributed materially to Bianchi's conviction,

helped send a message to predators that Moldova

was not a safe place for them.



142. (SBU) (Note: the following three paragraphs

are an update, promised in para. 3 above, on the

latest GOM efforts to investigate and prosecute

crimes related to TIP and illegal migration. End

note.) On January 30, 2009, prosecutors gave us

follow up information on GOM pledges made in June

2008 to investigate complicity of GOM officials in

trafficking. PGO officials investigating the

complicity case of former CCTIP Deputy Director

Ion Bejan are conducting extensive investigations

of the records of Bejan and his co-workers in

police offices, Ministry of Interior files

(personnel records, operative files, and

informants' reports),PGO and judicial reports,

and other GOM offices which record citizen

complaints. So far, they have found no evidence

of Bejan's complicity in trafficking. In

addition, convicted trafficker Alexandru Covali

(see paras. 69 and 86),who originally implicated

Bejan, has been shown to have lied about having

access to his PGO file ( allegedly Bejan had

provided Covali access to Covali's file),and to

have lied about turning over ownership of a car to

Bejan's son. Since June 2008, Covali has refused

to talk to or cooperate with GOM prosecution

authorities regarding his alleged connections to

the Bejan case.



143. (SBU) Prosecutors also gave us information on

these other alleged complicity cases against

government employees:



--On November 25, a mayor was condemned for

organizing illegal migration and sentenced to five

years in jail. The PGO appealed the sentence as

too lenient. The former mayor is now in jail.



--The directors of two sports clubs, Armada and

Camelot, who were convicted of organizing illegal

migration, could not be convicted: the de jure

"victims" (who were de facto beneficiaries of a

scheme to get visas to the EU by means of

falsified membership in the clubs) filed

depositions, but had left Moldova before they were

able to testify in the trials.



--Two employees of the GOM-private sector joint

venture Gymnastic Federation forged documents to

attest to membership of other persons in the

federation. The head of the trampoline section

admitted his guilt and was fined 2,000 Lei ($190).

The head of the rhythmic section, who also was

accused of coaching visa applicants for

interviews, is under prosecution at present.

(Note: this seems to be another case of illegal



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migration. End note.)



--An employee of the National Philharmonic was

convicted of organizing illegal migration and

fined 2,000 Lei. The judge accepted mitigating

circumstances--that she had acted alone, and

turned state witness against a travel company.

The PGO has appealed the sentence as too lenient,

and the appeals case is now pending.



--An employee of the Ministry of Information

Development (which issues passports, birth

certificates, and national identity cards) was

convicted of illegally issuing documents, and

fined 2,000 Lei. The PGO is appealing the

sentence as too lenient.



144. (SBU) Prosecutors also reported on:



--a case-law initiative which indicts

organizations as well as individuals, thus

permitting the investigation of company assets and

liquidation of companies used to organize illegal

migration and trafficking.



--effecting the adjournment of cases of illegal

migration when witnesses have gone overseas, in

order to avoid acquittal.



--increased use of letters rogatory to foreign

governments to pursue potential witnesses in

trafficking and illegal-migration cases.



--fast-tracking of criminal procedures (primarily

interviews and searches) in suspected trafficking

cases, before witnesses leave the country or

otherwise drop out of sight.



145. (U) Post's TIP point of contact is Michael

Mates, 011 373 22 408486, email matesmj@state.gov.

Post is unable to estimate the total number of

hours of officer and FSN time devoted to answering

the 40 paragraphs of questions in Ref A, whether

indirectly (as part of officer and FSN

participation in anti-TIP activities) or directly

(in the collection of specific information for and

drafting of this report),but notes that the

effort involved significant input from officers

and FSNs of the RSO, RLA, and P/E sections.



CHAUDHRY