Report by Estonia on THB March 2010

In response to the question on trafficking in human beings in Estonia1) Overview of the legislationPenal Code: Chapter 9, Offences against the person; Division 6, Offences against liberty:§ 133 Enslaving. Placing a human being in a situation where he or she is forced to work or perform other duties against his or her will for the benefit of another person, or keeping a person in such situation, if such act is performed through violence or deceit or by taking advantage of the helpless situation of the person is punishable by 1 to 5 years’ imprisonment. The same act, if committed: against two or more persons, or against a person of less than 18 years of age, is punishable by 3 to 12 years’ imprisonment. As of 15.03.2007, and taking into consideration Council framework decision (2002/629/JHA), taking advantage of a position of vulnerability of a victim, or dependency of the victim from the offender is also considered enslaving. Enslaving, if committed by a legal person is punishable (pecuniary punishment or compulsory dissolution). In accordance with §832 of the Penal Code and in case of enslaving, extended confiscation of the property obtained by the criminal offence is applied.§ 135 Hostage taking. Imprisonments of a person in order to compel, under the threat to kill, detain or cause health damage to the person, a third person to commit or consent to an act is punishable by 3 to 12 years’ imprisonment.§ 136 Unlawful deprivation of liberty. Unlawful deprivation of the liberty of another person is punishable by a pecuniary punishment or up to 5 years’ imprisonment.§ 138 Illegal conduct of human research. Conduct of medical or scientific research on a person who has not granted consent thereto pursuant to the procedure prescribed by law or who before granting such consent was not notified of the essential potential dangers arising from the research is punishable by a pecuniary punishment or up to 3 years’ imprisonment. The same act, if committed by a legal person, is punishable by a pecuniary punishment.§ 139 Illegal removal of organs or tissue. Removal, for transplantation purposes, of human organs or tissue by a person with the corresponding right arising from law, if the person from whom the organs or tissue are removed has not been notified of the essential potential dangers arising from the removal of organs or tissue before he or she grants consent thereto, or if the person removing the organs or tissue was aware that the person from whom the organs or tissue are removed will receive remuneration therefore, is punishable by a pecuniary punishment or up to one year of imprisonment.§ 140 Inducing person to donate organs or tissue. Inducing a person to consent to the removal of his or her organs or tissue for the purposes of transplantation or genetic research by offering material remuneration or causing damage to the person or by threatening to cause damage to the person is punishable by a pecuniary punishment or up to one year of imprisonment.Chapter 9 Offences against the person. Division 7 Offences Against Sexual Self-determination:§ 143 Compelling person to engage in sexual intercourse. Sexual intercourse with a person against his or her will by taking advantage of the dependency of the victim from the offender but without using force or outside a situation where the person was not capable of initiating resistance or comprehending the situation as provided for in § 141 of this Code, is punishable by up to 3 years’ imprisonment. The same act, if committed against a person of less than 18 years of age, is punishable by up to 5 years’ imprisonment.§ 1431 Compelling person to satisfy sexual desire. Involving a person against his or her will in satisfaction of sexual desire in a manner other than sexual intercourse by taking advantage of the dependency of the victim from the offender but without using force or outside a situation where the person was not capable of initiating resistance or comprehending the situation as provided for in § 142 of this Code, is punishable by up to 2 years’ imprisonment. The same act, if committed against a person of less than 18 years of age; by a person who has previously committed a criminal offence provided in this Division, - is punishable by up to 5 years' imprisonment.Chapter 11. Offences Against Family and Minors. Division 1. Offences Against Family:§ 172 Child stealing. Concealed or unconcealed kidnapping of another person's child of less than 14 years of age from a person under whose care the child legally is, is punishable by a pecuniary punishment or up to 3 years’ imprisonment.§ 173 Sale or purchase of children. The sale or purchase of children is punishable by 1 to 5 years’ imprisonment.Chapter 11. Offences Against Family and Minors. Division 2 Offences against minors:§ 175 Disposing minors to engage in prostitution. A person who by inducement, threat or any other act influences a person of less than 18 years of age in order to cause him or her to commence or continue prostitution, but the act does not have the necessary elements of an offence provided for in § 133 or 143 of this Code, shall be punished by a pecuniary punishment or up to 5 years’ imprisonment. For a criminal offence provided in this section: the court may impose, as supplementary punishment, a pecuniary punishment pursuant to the provisions of § 53 of this Code, or the court imposes, pursuant to the provisions of § 832 of this Code, extended confiscation of the property obtained by the criminal offence.§ 176 Aiding prostitution involving minors. Aiding prostitution involving a person of less than 18 years of age by mediation, provision of premises or in any other manner is punishable by a pecuniary punishment or up to 5 years’ imprisonment. The same act, if committed: by a group or a criminal organisation; by a person who has previously committed a criminal offence provided in this section or aiding prostitution, - is punishable by 3 up to 15 years' imprisonment. An act provided for in subsection (1) of this section, if committed by a legal person, is punishable by a pecuniary punishment. An act provided for in clause (2) 2) of this section, if committed by a legal person, is punishable by a pecuniary punishment or compulsory dissolution. For a criminal offence provided in this section: the court may impose, as supplementary punishment, a pecuniary punishment pursuant to the provisions of § 53 of this Code, or the court imposes, pursuant to the provisions of § 832 of this Code, extended confiscation of the property obtained by the criminal offence.§ 177 Use of minors in manufacture of pornographic works. Use of a person of less than 14 years of age as a model or actor in the manufacture of a pornographic or erotic picture, picture, film or other work, and use of a person of less than 18 years of age as a model or actor in the manufacture of a pornographic picture, film or other work is punishable by a pecuniary punishment or up to 5 years' imprisonment. The same act, if committed by a legal person, is punishable by a pecuniary punishment.§ 178 Manufacture of works involving child pornography or making child pornography available. A person who manufactures, stores, hands over, displays or makes available in any other manner pictures, writings or other works or reproductions of works depicting a person of less than 18 years of age in a pornographic situation, or person of less than 14 years of age in a pornographic or erotic situation, but the act does not have the necessary elements of an offence provided for in §-s 177 or 1771 of this Code, and for knowledgeable and direct observing of a pornographic act with participation of a person of less than 18 years of age, a person who by inducement, threat or any other act influences a person of less than 18 years of age in order to cause him or her to participate in the pornographic act, shall be punished by a pecuniary punishment or up to 3 years' imprisonment. The same act, if committed by a legal person, is punishable by a pecuniary punishment.Chapter 16 Offences Against Public Peace. Division 1 Offences Against Public Security:§ 259. Illegal transportation of aliens across state border or temporary border line of Republic of Estonia. Illegal transportation of an alien across the state border or temporary border line of the Republic of Estonia is punishable by a pecuniary punishment or up to one year of imprisonment.Chapter 16 Offences Against Public Peace. Division 2 Offences Against Public Order:§ 2681 Aiding prostitution. Aiding prostitution involving a person by mediation, provision of premises or in any other manner is punishable by a pecuniary punishment or up to 5 years’ imprisonment. The same act, if committed: by a group or a criminal organisation; by a person who has previously committed a criminal offence provided in this section or aiding prostitution involving minors, is punishable by 3 up to 12 years' imprisonment. An act provided for in subsection (1) of this section, if committed by a legal person, is punishable by a pecuniary punishment. An act provided for in clause (2) 2) of this section, if committed by a legal person, is punishable by a pecuniary punishment or compulsory dissolution. For a criminal offence provided in this section: the court may impose, as supplementary punishment, a pecuniary punishment pursuant to the provisions of § 53 of this Code, or the court imposes, pursuant to the provisions of § 832 of this Code, extended confiscation of the property obtained by the criminal offence.***Concerning the areas mentioned in the request for information, the reference to the following articles of the Penal Code could be made:Forced adoption - § 172, 173Enslaving for the purpose of labour - § 133Subjection to prostitution - § 133, 175-6, 2681Inducing to commit criminal acts - § 1332) Preventive actionsa) Development plan for combating trafficking in human beings 2006-2009 contained the following measures:Measure 2 – Mapping the problems related to human traffickingMeasure 3 – Informing the public of the problems related to human trafficking and human rightsMeasure 4 - Informing the general public of matters of labour law and consular servicesMeasure 41- Reducing demandMeasure 8 - Targeted border controls on accompanied minorsMeasure 9 - Achieving transparency in the employment mediation systemMeasure 14 – Early mapping of a child’s needb) Draft of a new development plan (Development plan for combating violence for 2010-2014) foresees the following preventive measures:Measure 14 - Informing the public of the problems related to human traffickingInfluence of measure 14: Public awareness of human trafficking increases, especially among potential risk groups, e.g. among young people and people to be employed abroad. Use of help-line on human trafficking has increased and more people have received help as a result.Activities:14.1 – Informing risk groups about human traffickingMeasure 15 – Prevention and detection of labour force exploitationInfluence of measure 15: Scope and dissemination of labour enslaving is mapped in Estonia, as a result preventive activities may be planned; cases of labour enslaving are detected and processed. Labour market organisations are trained and educated in order to prevent possible cases of forced labour and working under forced conditions.Activities:15.1 – Mapping scope of labour enslaving15.2 – Enhancing cooperation with labour market organisations15.3 – Migration supervision regarding Estonian foreign labour working conditions3) Actions taken by the state to datea) On 15.03.2010 amendments to the penal Code came into force:The Code was amended by two new articles:§ 1771. Use of a minor in a production of an erotic work§ 1781. Agreement to meet with a child with the aim of sexual involvementb) Final report on the implementation of the development plan for combating trafficking in human beings 2006 – 2009 has been compiled. On 05.03.2010, the final report was sent for approval to Ministry of Education and Science, Ministry of Finance, Ministry of Internal Affairs, Ministry of Social Affairs, Ministry of Foreign Affairs, State Chancellery and respective Associations and non-profit organisations. After the approval, the final report will be submitted for approval to the Government of the Republic at the session on 01.04.2010.4) Current and future actionsa) As a result of analysis of 2009 definition of human trafficking of the necessary elements of a criminal offence, it became evident that due to the fact that in Estonia there are no separate necessary elements of a criminal offence of human trafficking, international cooperation has been impeded. Experts working in this field have to explain that Estonian legislation criminalises human trafficking via necessary elements of other criminal offences. Estonian legislation also has “against person’s will” element as a necessary element of a criminal offence of enslaving. Definitions of human trafficking contained in other international documents do not consider the element of person’s will essential if the act has been committed a certain way.Currently, human trafficking injured party is most frequently witness in criminal proceedings, but in essence should be victims.Due to the lack of necessary elements of criminal offence of human trafficking, it is not possible to get a clear overview of how many cases of human trafficking are registered and processed in Estonia. The overview of the scope of human trafficking is also insufficient, including information about concrete cases, court decisions, victims, traffickers, criminal proceedings, sentences, etc. Statistics related to human trafficking does not display situation with human trafficking adequately.Therefore, proceeding from the above, Ministry of Justice has foreseen in its 2010 working plan amendment of the Penal Code by adding necessary elements to constitute a crime of human trafficking.b) Ministry of Justice has compiled Development plan for combating violence for 2010-2014. On 05.03.2010, development plan was sent for approval to the Ministry of Education and Science, Ministry of Finance, Ministry of Internal Affairs, Ministry of Social Affairs, Ministry of Foreign Affairs, State Chancellery and respective Associations and non-profit organisations. After the approval, the final plan will be submitted for approval to the Government of the Republic at its session on 01.04.2010.This development plan aims at reducing and preventing violence in its different forms. Within the framework of the plan the following types of violence and situations are viewed: violence against minors, family violence and human trafficking.5) Punishments|§ |Elements of offence |Punishment according to the necessary|Punishment in case |Punishment for |Additional punishment || | |elements of offence (in years) |of more serious |legal person | || | | |consequences (in | | || | | |years) | | ||133 |Enslaving |1-5 yrs |3-12 yrs |Pecuniary |extended confiscation || | | | |punishment |of the property || | | | | |obtained by the || | | | | |criminal offence ||135 |Hostage taking |3-12 yrs |5-15 yrs | | ||136 |Unlawful deprivation of liberty|pecuniary punishment or up to 5 |1-5 yrs | | || | |years’ imprisonment | | | ||138 |Illegal conduct of human |pecuniary punishment or up to 3 | |Pecuniary | || |research |years’ imprisonment | |punishment | ||139 |Illegal removal of organs or |pecuniary punishment or up to 1 | | | || |tissue |years’ imprisonment | | | ||140 |Inducing person to donate |pecuniary punishment or up to 1 | | | || |organs or tissue |years’ imprisonment | | | ||143 |Compelling person to engage in |up to 3 years’ imprisonment |up to 5 years’ | | || |sexual intercourse | |imprisonment | | ||1431 |Compelling person to satisfy |up to 2 years’ imprisonment |up to 5 years’ | | || |sexual desire | |imprisonment | | ||172 |Child stealing |pecuniary punishment or up to 3 | | | || | |years’ imprisonment | | | ||173 |Sale or purchase of children |1-5 | |Pecuniary | || | | | |punishment | ||175 |Disposing minors to engage in |pecuniary punishment or up to 5 | | |Fine to the extent of || |prostitution |years’ imprisonment | | |assets; extended || | | | | |confiscation of the || | | | | |property obtained by || | | | | |the criminal offence ||176 |Aiding prostitution involving |pecuniary punishment or up to 5 |3-15 yrs |Pecuniary |Fine to the extent of || |minors |years’ imprisonment | |punishment or |assets; extended || | | | |compulsory |confiscation of the || | | | |dissolution |property obtained by || | | | | |the criminal offence ||177 |Use of minors in manufacture of|pecuniary punishment or up to 5 | |Pecuniary | || |pornographic works |years’ imprisonment | |punishment | ||178 |Manufacture of works involving |pecuniary punishment or up to 3 | |Pecuniary | || |child pornography or making |years’ imprisonment | |punishment | || |child pornography available | | | | ||259 |Illegal transportation of |pecuniary punishment or up to 1 |pecuniary punishment| | || |aliens across state border or |years’ imprisonment |or up to 3 years’ | | || |temporary border line of | |imprisonment; in | | || |Republic of Estonia | |case | | || | | |of serious physical | | || | | |harm - | | || | | |4-12 yrs | | ||2681 |Aiding prostitution |pecuniary punishment or up to 5 |3-12 yrs |Pecuniary |Fine to the extent of || | |years’ imprisonment | |punishment or |assets; extended || | | | |compulsory |confiscation of the || | | | |dissolution |property obtained by || | | | | |the criminal offence |6) Reference to statistical data on criminals and victimsAccording to the 2008 Crime Overview in Estonia, compiled by the Criminal Policy Department of the Ministry of Justice:In 2008, in crimes related to human trafficking, out of 116 identified persons, regarding whom the Prosecutor’s Office finished proceedings due to reason or who were sent to court:• 3/4 (72%) of the suspects were men;• 1/3 (10) of all suspects aiding in prostitution (32) were women;• More than 1/3 (77%) of suspects in human trafficking crimes were older than 29 years; 23% were up to 29 years old;• 71% of suspects in human trafficking were Estonian citizens; 9% Russian citizens, 10% persons without citizenship; 7% were of undetermined citizenship.Hereby, please keep in mind that crimes, parts of which are possibly related to human trafficking were listed in the statistical data. Due to the fact that separate elements of human trafficking crime are currently lacking in the Penal Code, it is not possible to get a clear overview of how many cases are registered and processed in Estonia.The Ministry of Justice does not currently have statistical data on the age of the victims.