SERBIA MAKES PROGRESS ON TIP RECOMMENDATIONS

UNCLAS SECTION 01 OF 03 BELGRADE 000210 SENSITIVE SIPDIS DEPT FOR EUR/SCE (K. GARRY),G/TIP (J. DONNELLY) E.O. 12958: N/A TAGS: PHUM PGOV ELAB KTIP KCRM SR SUBJECT: SERBIA MAKES PROGRESS ON TIP RECOMMENDATIONS REF: A) 09 BELGRADE 32; B) 09 BELGRADE 836 Summary -------------- ¶1. (SBU) Serbia has recently made several improvements in fighting trafficking in persons, including addressing two major deficiencies in the 2009 Trafficking in Persons Report in the areas of demonstrating prosecutions and referring victims to services. The government also stepped in to save two NGO-run victim shelters, introduced tougher sentences in the criminal code, and increased its prevention activities. Serbia's efforts are impressive given that a budget crisis prevented the significant increases in anti-TIP spending the government had planned. Embassy continues to reinforce with Serbian officials -- including during Ambassador's February 9 meeting with Deputy Prime Minister Dacic -- the need for Serbia to continue to address funding for the implementation of the National Action Plan to Combat Trafficking, lengthy trials of traffickers, and systematic collection and analysis of prosecution and sentencing data. End Summary. Status of the Action Plan: Major Deficiencies Addressed -------------- -------------- ¶2. (SBU) In recent months, the Serbian government has taken decisive steps to address the two major criticisms in the 2009 Trafficking in Persons report -- an inability to show vigorous prosecution with appropriate statistics and the lack of an effective, formal victim identification and referral mechanism. To address the statistics issue in general, the Justice Ministry undertook an ambitious court computerization project that will in the future improve compilation and analysis of prosecution statistics, including trafficking prosecution. To address the victim referral issue, the National Council for Combating Trafficking in Persons took a number of steps, including developing and implementing a new, formal referral mechanism. ¶3. (SBU) The Serbian government was unable to compile and provide complete data on prosecutions for the 2009 and previous reports due to the lack of a centralized database, which it is now creating. The Justice Ministry currently needs to call each court to request that staff go through physical files and extract the necessary data for information on any kind of case, which in the past it was not able to do in a timely fashion. In 2009, the Justice Ministry started compiling 2008 data in November and was able to provide complete data (from charges through first instance judgments) by December. As a long-term solution, the Justice Ministry is in the process of implementing new case management software in the courts; it requested our input to be sure that trafficking in persons offenses can be tracked in the new software. We have communicated to Justice the importance of populating an existing Anti-Trafficking Database in the National Coordinator's office with this information, and officials have begun discussing this with the National Coordinator. ¶4. (SBU) The government took several steps to improve victim identification and referral. On April 7, 2009, the Interior Ministry issued a mandatory instruction to all police on handling illegal migrants with a set of prescribed questions and examples that could help them identify trafficking victims. NGO Atina believes the instruction resulted in increased victim identification. Of 127 trafficking victims in 2009 police identified 112. Since internal trafficking is on rise, raising awareness on trafficking phenomenon among police in general, and not only the Border Police, lead to improvement in victim identification, NGO Atina told us. On November 12, 2009, the Interior, Finance, Justice, Health, Education, and Labor and Social Affairs Ministries signed an agreement on cooperation to combat trafficking in order to harmonize each ministry's activities and provide for a more comprehensive approach to government's anti-trafficking activities. A victim referral mechanism was part of the agreement. In addition, in June 2009, Serbia took part in BELGRADE 00000210 002 OF 003 the final session of the three-year long International Centre for Migration Policy Development (ICMPD)-run and USAID-funded project on development of a Transnational Referral Mechanism for trafficking victims in southeastern Europe, which institutionalizes cooperation among multiple state institutions and NGOs across the region on identification, referral, and assistance to trafficking victims. The Office of the National Coordinator and the Agency for Coordinator of Protection of Trafficking Victims presented information on the referral mechanism to judges, prosecutors, social workers, and teachers at several NGO-run training programs throughout the year and around the country. Preserving Victim Shelters -------------- ¶5. (SBU) The 2009 TIP report also noted that the government should provide more funds to victim protection, and the government made some increases in funding. In late 2009 both NGOs who run reintegration shelters for trafficking victims reported they would be out of donor funds for 2010. The Charge wrote to ministers on the Council to Combat Trafficking in Human Beings urging the government to provide funding to keep the shelters open. We also communicated on several occasions with Labor and Social Policy Minister Rasim Ljajic about the need for the government to increase financial support for victim protection and reintegration, which has been limited to using funds collected from the sale of a special stamp. On December 16, National Anti-Trafficking Coordinator Mitar Djuraskovic announced that the Labor and Social Affairs Ministry had allocated 3 million dinars (approximately $45,000) to provide funding to keep the reintegration shelters open in 2010. Interior Minister Dacic also sent in December an official request to Finance Minister Dijana Dragutinovic to allocate an additional $86,000 from budgetary reserves for longer-term funding of the two shelters. The government had planned to allocate significant new funds to victim protection and other activities in the 2010 budget, but ultimately was unable to due to the country's economic crisis. Tougher Sentences -------------- ¶6. (U) The 2009 report noted that traffickers often receive light sentences, and defendants who receive less than five year sentences may remain free during appeals. Changes to the Criminal Code of the Republic of Serbia (Ref A),adopted on August 31, 2009, increased sentences for traffickers. Sentences for the basic criminal act of trafficking now range from three to twelve years (versus the previous two to ten),and the minimum sentence for trafficking in minors was increased to five years from three. In addition, the Criminal Code amendments eliminated the leeway judges previously had to hand down sentences less than the prescribed minimum due to extraordinary circumstances. Changes to the Criminal Code also introduced criminal liability of individuals not directly involved in trafficking but who enabled exploitation of trafficking victims, including minors. The National Coordinator tells us that these provisions can be used to prosecute prostitution clients and staff who work for traffickers, even though they may not be involved with victims. He reported that this provision was used for the first time in November to charge a prostitution client. ¶7. (U) Courts are also handing down stiffer sentences and confirming previous high sentences. The Supreme Court of Serbia on August 11, 2009, confirmed on appeal the highest-ever sentence for trafficking of 10 years' imprisonment, originally issued by the Subotica District Court on December 22, 2008. The defendant was the main trafficker in the "Jet Set" case, in which Novi Pazar Deputy District Prosecutor Senad Palamar and 11 others were found guilty of abuse of public office and trafficking in persons. On August 17, 2009, another trafficking case before the Novi Pazar District Court ended with prison sentences of five and six years for the main traffickers. In addition, for the first time the judge ordered the seizure of the trafficker's illegally acquired property, under the provisions of the Asset Forfeiture Law (Ref B). The verdict ordered seizure of the trafficker's property valued at $86,000, equivalent to what he was proved to have acquired by BELGRADE 00000210 003 OF 003 exploiting a trafficking victims. Increased Awareness Raising -------------- ¶8. (U) The government continued its awareness raising efforts. The Council proclaimed October as the Month to Combat Trafficking and created its own website. The National Coordinator also held an exhibition of children's drawings with an anti-trafficking awareness theme on Police Day, June 7. Government officials and celebrities including President Tadic and former basketball star Vlade Divac came to the exhibition to meet the young artists. The government published a 2010 calendar with some of the drawings as part of its awareness campaign. Comment -------------- ¶9. (SBU) Despite the financial crisis the Serbian government has made noteworthy efforts to address our concerns through improved prosecutions, protection of victims, and awareness campaigns aimed at prevention. End Comment. WARLICK