Identifier
Created
Classification
Origin
10SECION03OF08VIENNA176
2010-02-17 12:14:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Vienna
Cable title:
AUSTRIA: TENTH ANNUALTRAFFICKING IN PERSONS (TIP) REPORT
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UNCLAS SECION 03 OF 08 VIENNA 000176
SENSITIVE
SIPDIS
STATE FOR G/TIP (DONNELLY),G (LAURA PENA),AND UR/PGI(BUCKNEBERG),USAID
E.O. 12958: N/A
AGS: KTIP, PHUM, KCRM, KWMN, SMIG, KFRD, ASEC, PREF ELAB, KMCA,
AU
SUBJECT: AUSTRIA: TENTH ANNUALTRAFFICKING IN PERSONS (TIP) REPORT
A. ExistingLaws against TIP:
Article 217 of the Austrian Ciminal Code, amended in January 1999,
and Article 104a of the Criminal Code, which went into effect on May
2004, are the key provisions for the prosecution of traffickers.
Paragraph 1 of Article 217 prohibits "border-crossing trafficking
for the purpose of prostitution." Paragraph 1 refers to inducing or
recruiting aliens for prostitution. Paragraph 2 of Article 217
covers trafficking for prostitution through deception regarding the
purpose of journey to Austria or through coercion or use of force.
Article 104a prohibits trafficking for the purpose of sexual
exploitation, exploitation of human organs, or labor exploitation.
Article 104 of the Criminal Code deals with trafficking for the
purposes of slavery.
Article 114 of the Aliens Police Act of 2005 contains criminal-law
provisions on alien smuggling. Sometimes, traffickers are
prosecuted under this section of law because facilitation of illegal
entry is easier to prove than trafficking and does not require the
testimony of victims. With Article 116, the Aliens Police Act also
contains a criminal law provision generally prohibiting the
exploitation of aliens.
Articles 1325-1329 of the Austrian Civil Code of 1811 provide the
basis for civil law compensation of victims due to physical injury,
abuse, forced sexual intercourse and deprivation of personal
liberty.
Article 20(b) of the Criminal Code provides for asset seizure and
the forfeiture of illegal proceeds. In connection with organized
crime, all assets are subject to seizure and forfeiture, including
bank assets, other financial assets, cars, legitimate businesses,
and real estate.
B. Punishment of Sex Trafficking Offenses:
Punishment under Article 217 of the Criminal Code results in
sentences from six months to 10 years. Article 104a also provides
for sentences up to 10 years. Article 104 of the Criminal Code
requires sentences ranging from 10 to 20 years. Article 114 of the
Aliens Police Act provides for sentences of up to 10 years for
persons convicted of alien smuggling. Article 116 of the Aliens
Police Act provides for sentences of up to three years for persons
who exploit aliens, and under special circumstances, such as the
death of the victim, of up to 10 years.
C. Punishment of Labor Trafficking Offenses:
As indicated in para A., Article 104a of the Criminal Code also
applies for trafficking for the purpose of labor exploitation, and
prescribes sentences of up to 10 years.
D. Rape:
Article 201 of the Criminal Code provides for imprisonment of six
months to 10 years for convictions for rape. Under specific
circumstances such as torture, sentences can reach 15 years. In
cases leading to the death of victims, sentences can reach 20
years.
E. Law Enforcement Statistics:
The Foreign, Interior and Justice ministries have made available
detailed statistics, listing 196 proceedings under Article 217
(cross-border trafficking for the purpose of prostitution) and 23
proceedings under Article 104a of the Criminal Code (trafficking) in
SENSITIVE
SIPDIS
STATE FOR G/TIP (DONNELLY),G (LAURA PENA),AND UR/PGI(BUCKNEBERG),USAID
E.O. 12958: N/A
AGS: KTIP, PHUM, KCRM, KWMN, SMIG, KFRD, ASEC, PREF ELAB, KMCA,
AU
SUBJECT: AUSTRIA: TENTH ANNUALTRAFFICKING IN PERSONS (TIP) REPORT
A. ExistingLaws against TIP:
Article 217 of the Austrian Ciminal Code, amended in January 1999,
and Article 104a of the Criminal Code, which went into effect on May
2004, are the key provisions for the prosecution of traffickers.
Paragraph 1 of Article 217 prohibits "border-crossing trafficking
for the purpose of prostitution." Paragraph 1 refers to inducing or
recruiting aliens for prostitution. Paragraph 2 of Article 217
covers trafficking for prostitution through deception regarding the
purpose of journey to Austria or through coercion or use of force.
Article 104a prohibits trafficking for the purpose of sexual
exploitation, exploitation of human organs, or labor exploitation.
Article 104 of the Criminal Code deals with trafficking for the
purposes of slavery.
Article 114 of the Aliens Police Act of 2005 contains criminal-law
provisions on alien smuggling. Sometimes, traffickers are
prosecuted under this section of law because facilitation of illegal
entry is easier to prove than trafficking and does not require the
testimony of victims. With Article 116, the Aliens Police Act also
contains a criminal law provision generally prohibiting the
exploitation of aliens.
Articles 1325-1329 of the Austrian Civil Code of 1811 provide the
basis for civil law compensation of victims due to physical injury,
abuse, forced sexual intercourse and deprivation of personal
liberty.
Article 20(b) of the Criminal Code provides for asset seizure and
the forfeiture of illegal proceeds. In connection with organized
crime, all assets are subject to seizure and forfeiture, including
bank assets, other financial assets, cars, legitimate businesses,
and real estate.
B. Punishment of Sex Trafficking Offenses:
Punishment under Article 217 of the Criminal Code results in
sentences from six months to 10 years. Article 104a also provides
for sentences up to 10 years. Article 104 of the Criminal Code
requires sentences ranging from 10 to 20 years. Article 114 of the
Aliens Police Act provides for sentences of up to 10 years for
persons convicted of alien smuggling. Article 116 of the Aliens
Police Act provides for sentences of up to three years for persons
who exploit aliens, and under special circumstances, such as the
death of the victim, of up to 10 years.
C. Punishment of Labor Trafficking Offenses:
As indicated in para A., Article 104a of the Criminal Code also
applies for trafficking for the purpose of labor exploitation, and
prescribes sentences of up to 10 years.
D. Rape:
Article 201 of the Criminal Code provides for imprisonment of six
months to 10 years for convictions for rape. Under specific
circumstances such as torture, sentences can reach 15 years. In
cases leading to the death of victims, sentences can reach 20
years.
E. Law Enforcement Statistics:
The Foreign, Interior and Justice ministries have made available
detailed statistics, listing 196 proceedings under Article 217
(cross-border trafficking for the purpose of prostitution) and 23
proceedings under Article 104a of the Criminal Code (trafficking) in