Answer by LAT Govnmt Feb 2011 on question 2011-01

Latvia’s answer February 2011Which Latvian institutions deal with the victims of human trafficking?The State Police is one of the institutions dealing with identifying the victims of human trafficking and investigating related crimes. Any person who has allegedly suffered from human trafficking must be informed about his or her right to receive rehabilitation services. The State Police offers state-financed rehabilitation services to victims of human trafficking either before or, if necessary, during a given legal process. If the victims accept the offered rehabilitation services, they are transferred to the Society “Shelter Safe House”.The Society “Shelter Safe House” was established on 6 August 2007 with the aim to develop support services not only for victims of human trafficking but also legal immigrants, including asylum seekers, refugees and persons granted subsidiary protection status; this would ensure an individual’s right to receive appropriate assistance and protection, as well as promote rehabilitation and reintegration of victims of human trafficking into society.In September 2010 the Safe House was assigned the status of a public benefit organisation. As of 2007, The Safe House is the only organisation that has the right to provide state-financed social rehabilitation services to victims of human trafficking, and it will continue to provide these services in 2011.A contract has been concluded between the Ministry of Welfare and the Safe House on providing rehabilitation services to 7 victims of human trafficking in 2011.Victims of human trafficking are offered special social and psychological rehabilitation programmes, legal and medical assistance; if necessary, they can also receive safe accommodation, financial support, and assistance in acquiring new skills, including primary education or additional training that can help them to find a job. The scope of assistance and contents of the social rehabilitation programme are identical for victims of all types of human trafficking. If necessary, both minors and adult victims can be accommodated by crisis centres throughout the territory of Latvia.In accordance with the Cabinet of Ministers Regulation No. 889 of 31 October 2006 “Regarding the Procedures by Which Victims of the Trafficking in Human Beings Receive Social Rehabilitation Services and the Criteria for Identifying a Person as a Victim of the Trafficking in Human Beings”, the Ministry of Welfare provides social rehabilitation services at the state’s expense. The Ministry of Welfare decides whether to grant or deny these services, concludes a contract with the service provider, supervises the execution of relevant contractual obligations, monitors the scope and quality of the provided services, maintains a database of the rendered services, and informs NGOs, law enforcement institutions, social services, health care institutions and other relevant organisations about the possibilities for the victims of human trafficking to receive social rehabilitation services at the state’s expense.Do you keep records regarding the statistics of successful / unsuccessful integration of the victims of human trafficking into society?Reintegration of victims of human trafficking into society takes at least 5 years. The Safe House provides a 6-month rehabilitation programme for victims of human trafficking. The programme does not include integration into society. The 6-month programme is focused mainly on mitigating the harm done to the individuals as a result of human trafficking. Official records regarding the statistics of successful or unsuccessful integration of the victims into society are not kept. The Safe House has unofficial data only on the current location and activities of the persons who have suffered from human trafficking. However, these data do not include all of the persons who have undergone the rehabilitation programme. As far as possible, the Safe House helps the victims of human trafficking in finding employment opportunities and in other important practical matters. The state-funded rehabilitation programme also includes an obligation on the part of the service provider to offer 5 post-rehabilitation consultations with relevant experts. Occasionally, the Safe House has paid for the victims’ further education courses; however, outside the framework of the rehabilitation programme, neither the Safe House nor any other institution follows up on how the victim applies the acquired skills.What is the institutions’ and society’s attitude towards the victims of human trafficking?Pursuant to the Section 375 of the Criminal Procedure Law, during the criminal proceedings the materials of the case are deemed to be secret; therefore, information about persons who have suffered from human trafficking is also confidential and cannot be disclosed to the general public. Besides, Section 450.3 of the Criminal Procedure Law specifies cases when a closed court session can be held – for instance, in criminal cases regarding criminal offences against morals and sexual inviolability, in order to not disclose the intimate circumstances of the lives of persons involved in the criminal proceedings, as well as to protect persons involved in criminal proceedings. The aforementioned provisions of the Criminal Procedure Law protect the victims’ identity.As far as the institutions’ attitude towards victims of human trafficking is concerned, it is the same as toward any other victim of crime[1]. The attitude towards victims of human trafficking may depend on the level of training that the personnel representing the involved institutions have received regarding the victims’ exposure to human trafficking and the consequences thereof. In order to improve the personnel’s understanding of the human trafficking problem and related processes, as well as increase awareness of their role in preventing human trafficking, and in order to develop their ability to identify potential victims of human trafficking, the Human Trafficking Prevention Programme 2009-2013 includes training sessions for the consular staff, social workers, personnel of the State Labour Inspectorate and the State Employment Agency (including advisers and their assistants from the European Employment Services Network (EURES)) and personnel of law enforcement institutions. In 2010, staff members and officials of the relevant institutions have undergone training sessions and seminars financed not only by ministries and public organisations but also supported by several international organisations. As new forms of human trafficking emerge, special emphasis is put on timely, high-quality and professional training of relevant personnel.As to society’s attitude towards the victims of human trafficking, no surveys have been conducted on this matter. Comments and feedback published in the Internet news sites and portals cannot be regarded as an unbiased and reliable source of information about individual cases of human trafficking and the problem in general, since the sample group is insufficient to represent the general attitude.1. What methods are applied to persuade the victims of human trafficking that they should identify and testify against the persons (traffickers) that had involved them in human trafficking?One of the measures undertaken by the State Police to encourage the victims of human trafficking to cooperate with the State Police is to assign to these cases only highly qualified and experienced investigators who have the appropriate skills to motivate the victims to willingly cooperate and testify against the organisers of human trafficking. Besides, due to the sensitive nature of information – namely, data about the victims’ sex life – it is possible to hear such cases in a closed court session. The State Police ensures that without the victim’s permission no information about the victims of human trafficking is disclosed to any third parties, including spouses, relatives or neighbours. If necessary, an appropriate cover story is created to protect the victim.Are the victims of human trafficking entitled to receive legal protection?The Special Protection of Persons Law provides for the protection of the life, health and other legal interests of persons who testify in criminal proceedings or who participate in the uncovering, investigation or adjudication of a serious or very serious crime. The provisions of this law are applicable to the victims of human trafficking, witnesses and members of the victims’ families, if necessary.Chapter 17 of the Criminal Procedure Law on Special Procedural Protection provides for the protection of the life, health, and other lawful interests of a victim, witness, and other persons who testify or have testified in criminal proceedings regarding serious or very serious crimes, as well as of a minor who testifies regarding such crimes and of a person the threat to whom may influence the above-mentioned persons.So far the special procedural protection has not been applied to any persons involved in criminal proceedings regarding human trafficking. However, protective measures are in place and can be applied whenever required.2. Is it possible for a victim of human trafficking to acquire residence permit in Latvia, if he or she had been initially regarded as an illegal immigrant?The Office of Citizenship and Migration Affairs confirms that it is possible for victims of human trafficking to acquire a residence permit in the Republic of Latvia even if they had been initially regarded as illegal immigrants. According to Section 5.4 of the Immigration Law, a foreigner who is not a European Union citizen and who has been recognised as a victim of trafficking in human beings, as well as minors accompanied by him or her, has the right to reside in the Republic of Latvia without a visa or residence permit until the specified reflection period has ended or has been terminated or a decision regarding the issuance of a temporary residence permit has come into effect. The person directing the proceedings has the right to request a temporary residence permit for the foreigners for a period which is not less than six months (Section 23.6 of the Immigration Law). In accordance with Section 35.1.22 of the Immigration Law, a temporary residence permit shall be annulled if the person directing the proceedings has informed in writing the Office of Citizenship and Migration Affairs that the foreigner no longer needs to reside in the Republic of Latvia in the status of a victim of trafficking in human beings.Additional provisions regarding the possibilities for victims of human trafficking to acquire temporary residence permits are stipulated by the Law on Residence of a Victim of Trafficking in Human Beings in the Republic of Latvia, which also contributes to the fight against human trafficking by providing for a reflection period and a termination thereof for the benefit of victims of human trafficking, as well as by setting the terms and conditions for their residence in the Republic of Latvia.3. Are there any governmental programmes (methods) aimed at combating human trafficking?The Human Trafficking Prevention Programme 2009-2013 has been endorsed by the Cabinet of Ministers Order No. 590 of 27 August 2009 (hereinafter referred to as Programme). Its main objective is to plan and implement measures aimed at preventing human trafficking. The Ministry of the Interior and the Ministry of Welfare have been designated as the institutions responsible for implementing the Programme. The Programme is focused on 5 main functions: collection of data and research, elaboration of legal acts, implementation of preventive measures, improvement of cooperation between public institutions and non-governmental organisations, improvement of the efficiency of law enforcement institutions. It also sets forth 26 tasks needed for fulfilment of the above-mentioned functions. The Ministry of the Interior as the coordinating body is currently engaged in collecting data and drafting a report on the performance of the Programme in 2009 and 2010. The report has to be submitted to the Cabinet of Ministers by 1 March 2011.It must be noted that the activities implemented by the Latvian public institutions, local governments and non-governmental organisations cover a much wider scope of issues than the Programme. In order to coordinate the activities undertaken by public institutions, local governments and non-governmental organisations within the framework of the Human Trafficking Prevention Programme 2009-2013 and to ensure timely exchange of information and to coordinate measures aimed at preventing and combating human trafficking, as well as to coordinate provision of support and social services to the victims of human trafficking, an interinstitutional working group has been established by the Cabinet of Ministers Order No. 77 of 3 March 2010.Do you have any data on the victims of human trafficking who have been returned to their country of origin?In accordance with the information provided by the Office of Citizenship and Migration Affairs, so far there have been only three foreigners (three female citizens of Thailand) who have been issued temporary residence permits due to their status of victims of human trafficking. After their residence permits were revoked, all three persons voluntarily emigrated, but two of them later re-applied for a residence permit in a Latvian consular office abroad and currently are residing in the Republic of Latvia.-----------------------[1] As to the judicial system’s attitude towards the victims of human trafficking, Section 152(4) of the Criminal Procedure Law stipulates that if a psychologist indicates to a person directing the proceedings that the psyche of a person who has not reached 14 years of age, the psyche of a minor who has been recognised as a victim of violence committed by a person upon whom the victim is materially dependent or otherwise dependent, or the psyche of a minor who has been recognised as a victim of sexual abuse may be harmed by repeated direct examination, such direct examination shall be performed only with the permission of the investigating judge, but in a court – with a court decision.