Answer by Me-Vo Govnmt Jan 2011 on question 2011-01

Questions on the Situation of Victims of Trafficking in Human BeingsGeneral preliminary remarks:The “Konzept der Landesregierung zur Bekämpfung von Menschenhandel und Zwangsprostitution in Mecklenburg-Vorpommern" (“Concept of the Land Government for the Fight Against Trafficking in Human Beings and Forced Prostitution in Mecklenburg Vorpommern“) dated 15 May 2006 (Printed Matter No. 4/2265 of the Mecklenburg-Vorpommern Land Parliament[1]) states: “Trafficking in human beings and forced prostitution are forms of organised crime and mainly concern women. These crimes are severe violations of human rights, and great importance has to be attached to countering them both at the national and international levels.” (...) “In order to fight these phenomena of crime in a persistent manner, an intense and professional support of the victims is always required.”Mecklenburg-Vorpommern has offered a qualified support of victims in a special consultation service for victims throughout the federal state since 2006. The special consultation service “ZORA - consultation service for victims of forced prostitution and trafficking in human beings”, sponsored by the county branch Schwerin-Parchim e.V. of the National Association for Workers' Welfare was founded in April 2009.To further promote the interdisciplinary cooperation in the field of fighting against trafficking in human beings, a “Cooperation Agreement for the Protection of Victim Witnesses of Human Trafficking” between the state police of Mecklenburg-Vorpommern, the public prosecution offices and the ZORA consultation service for victims of forced prostitution and human trafficking will be signed soon. The cooperation agreement will apply both to cases of trafficking in human beings for the purpose of sexual exploitation (cf. § 232 German Criminal Code[2]) and to cases of any trafficking for the purpose of exploitation of human labour (cf. § 233 of the German Criminal Code). The agreement envisages the establishment of a “Coordination Agency for the Protection of Victim Witnesses of Human Trafficking” within the State Criminal Investigation Office of Mecklenburg-Vorpommern. This coordination agency will be tasked with the coordination of operational victim protection in human trafficking proceedings. As a supplement to the cooperation agreement, an administrative regulation containing police-internal instructions for the state police of Mecklenburg-Vorpommern will presumably enter into force in January 2011.1. How are they looked at?1.1 What is the general attitude towards probable victims of trafficking in human beings?Answer:See the general preliminary remarks1.2 Are they treated as victims or as illegal immigrants?Answer:As soon as it is known that a person became a victim of trafficking in human beings, he or she is treated accordingly. The same applies to review cases in which there is a concrete suspicion that a person might be the victim of trafficking in human beings.1.3 What are the procedures for a person to prove that he or she has become a victim of trafficking in human beings, and how long does this take? What will happen if the competent authority does not accept the evidence?Answer:If, based on facts, the suspicion arises that a person could be the victim of human trafficking offences, that person will immediately be informed by the police about possible support by an independent special consultation service. The coordination agency within the State Criminal Investigation Office of Mecklenburg-Vorpommern, which is responsible for the entire federal state, will review whether the case at hand is a victim of trafficking in human beings for the purposes of sexual exploitation or the exploitation of human labour using constitutional police investigation methods and will seek agreement with the competent public prosecution office. Furthermore, the competent foreigners authority will be immediately involved with regard to actions under the aliens legislation. The ZORA special consultation service provides support to the persons concerned with regard to securing their basic existential and medical needs, irrespective of their readiness to give evidence. The same applies to psychosocial counselling and help in searching therapeutic measures to overcome traumatic experience. In addition, ZORA counsels will comprehensively inform persons concerned about their legal status in the procedure in the Federal Republic of Germany. The duration of the review will depend on the individual case.How is the reflection and recovery period of 30 days for victims of trafficking in human beings contained in Article 13 of the Council of Europe Convention on Action against Trafficking in Human Beings implemented, and when does this 30-day period start?Answer:If the foreigners authority (in accordance with Article 50 Paragraph 2a of the Act on the Residence, Economic Activity and Integration of Foreigners in the Federal Territory[3] [Residence Act]) is given concrete clues that a foreigner has become the victim of a criminal offence mentioned in Article 25 Paragraph 4a Sentence 1 of the Residence Act, it will determine a deadline for leaving the country. This deadline must give the respective foreigner enough time to make a decision on his or her readiness to give evidence in accordance with Article 25 Paragraph 4a Sentence 2 No. 3 of the Residence Act. A foreigner will have a minimum of one month time for leaving the country. The foreigners authority may refrain from setting a deadline in accordance with Sentence 1, or repeal or shorten it, if1. the presence of the foreigner poses a threat to public security and order or other substantial interests of the Federal Republic of Germany, or2. the foreigner has voluntarily renewed contact with the perpetrators of the offence as defined in Article 25 Paragraph 4a Sentence 2 No. 2 of the Residence Act after being informed according to Sentence 4.Article 6 of the Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities has been implemented by adding Paragraph 2a. According to Article 6 Paragraph 1 of the directive, the EU member states have to grant the victims of trafficking in human beings a reflection period in which they may escape the influence of the perpetrators so that they can take an informed decision as to whether they want to cooperate with the competent authorities. The duration and the starting point can be determined according to national law. The minimum deadline for leaving the country is one month, it can be longer to ensure that the person concerned will be able to recover from the effects of the criminal offence, escape the influence of the perpetrators and get in touch with the existing special consultation services so that an informed decision can be taken as to the readiness to act and give evidence as a witness in a criminal procedure. With a view to a decision in accordance with Article 25 Paragraph 4a of the Residence Act to be made at a later stage, the period may also be used to clarify whether the foreigner required to leave the country actually is a victim of trafficking in human beings and thus could be a possible witness in a criminal procedure related to trafficking in human beings. However, the six-month period in Paragraph 2 generally forms the maximum limit for the deadline for leaving the country.By setting the required reflection period specified in Article 6 Paragraph 1 of the Council Directive 2004/81/EC as the deadline for leaving the country, the requirement of Article 6 Paragraph 2 which states that no expulsion orders may be enforced during the reflection period is fulfilled as well. The reasons for an early termination of the set deadline for leaving the country added to Sentence 3 base on the reasons for termination given in Article 6 Paragraph 4 of Council Directive 2004/81/EC. The foreigners authority has to shorten or repeal the deadline for leaving the country if those reasons apply. Depending on the case, the foreigners authority will decide to which extent the deadline will be shortened or completely repealed exercising all due care and diligence.According to Sentence 4 of the corresponding standard, the foreigners authorities are, within the scope of determining the deadline for leaving the country, also obliged to point out to the persons concerned the statutory regulations, programmes and measures (including support by special consultation services, possible entry into witness protection programmes of the police, the possible issuance of a resident permit in accordance with Article 25 Paragraph 4a of the Residence Act, access to the labour market, access to payments to cover their living expenses) available to victims of trafficking in human beings as defined by the directive.Details on the procedure of the foreigners authorities are defined in the General Administrative Regulations relating to the Foreigners Act[4] dated 26 October 2009. In accordance with Para. 50.2a 1.4 of this administrative regulation, the foreigners authority has to involve the public prosecution office, the criminal court or, in case the responsibility is unclear, the police agency responsible for the foreigner’s place of residence according to Article 72 Paragraph 6 of the Residence Act prior to the determination of a deadline for leaving the country. The administrative procedure of determining the deadline will become effective upon announcement to the person concerned.1.5 Are potential and recognized victims of trafficking in human beings treated differently by the authorities?Answer:Yes. A foreigner, who became the victim of a crime as defined in Article 232 or Article 233 of the German Criminal Code can, in derogation of Article 11 Paragraph 1 of the Residence Act, be granted a residence permit for a temporary stay in accordance with Article 25 Paragraph 4a of the Residence Act although he or she is enforceably required to leave the country. A residence permit may be issued only if1. his or her temporary presence on federal territory for a criminal procedure is considered relevant in this matter by the public prosecution office or the criminal court as the investigation into the matter would be more complicated without his or her evidence,2. he or she has terminated any contact with the persons accused of having committed the offence, and3. he or she has declared his or her willingness to testify in the criminal procedure relating to the offence.Other persons concerned obliged to leave the country who may possibly be the victims of trafficking in human beings shall (initially) be granted a reflection period in accordance with Article 50 Paragraph 2 and in conjunction with Para. 50.2a 1.4 of the General Administrative Regulation on the Residence Act. They will, however, not (yet) receive a residence title, see also answers to Questions 1.3 and 1.42. How are they treated?2.1 Which procedures and methods will be applied by government agencies to obtain information about the perpetrators from the victims and to have them act as witnesses?Answer:The competent police agency will take the measures urgently necessary for averting dangers and for criminal prosecution the moment a probable victim is picked up. The coordination agency within the State Criminal Investigation Office of Mecklenburg-Vorpommern responsible for the entire federal state is obliged to1. verify whether the person is a victim of human trafficking for the purpose of sexual exploitation or the purpose of exploitation of human labour in the relevant case and to reach agreement on this with the public prosecution office,2. evaluate the concrete threat situation of a victim and to reach agreement on this with the public prosecution office,3. immediately involve the competent foreigners authority with regard to actions under aliens legislation and the special consultation services to stabilise the persons concerned as well as4. to verify on a case-by-case basis whether there is a need for regulation and support with other authorities and institutions which will then be arranged in coordination with the special consultation service, if required.Regulations on the procedures and methods applied by the government agencies in the criminal procedure are governed by the German Code of Criminal Procedure[5] in particular. In the investigation and criminal procedure, the public prosecution offices will work towards the enforcement of prosecutorial and other protective regulations. These include in particular:5. the permission to not state personal details (Article 68 Paragraph 2, Paragraph 3, Article 200, Article 222 of the German Code of Criminal Procedure),6. the assignment of an attorney (Article 68b of the German Code of Criminal Procedure),7. the rejection of questions (Article 241 of the German Code of Criminal Procedure),8. the temporary removal of the defendant from the courtroom (Article 247 of the German Code of Criminal Procedure),9. a witness examination by video transmission (Articles 168e and 247a of the German Code of Criminal Procedure),10. the recording of the examination of a witness on an audio-visual medium which is shown during the main hearing (Articles 58a and 255 of the German Code of Criminal Procedure),11. the appointment of an attorney as counsel at public expense in the cases defined in Articles 397a and 406g of the German Code of Criminal Procedure,12. the presence of a person of trust during the examination of the victims as witnesses (Article 406f Paragraph 3 of the German Code of Criminal Procedure),13. the provisional appointment of an attorney as counsel for the aggrieved persons entitled to join the proceedings as a private accessory prosecutor (Articles 397a and 406g Paragraph 4 of the German Code of Criminal Procedure),14. the exclusion of the public from hearings (Article 172 of the German Courts Constitution Act),• protective measures in the court house (Articles 176 et seq. of the German Courts Constitution Act), See also the answer to Question 1.32.2 What will happen to a victim of trafficking in human beings who testified against a perpetrator?Answer:The coordination agency within the State Criminal Investigation Office of Mecklenburg-Vorpommern will examine the present threat situation in every individual case and seek agreement on this with the competent public prosecution office. In coordination with the public prosecution office, the witness protection branch of the State Criminal Investigation Office of Mecklenburg-Vorpommern will decide on the admission of victims to police witness protection programmes in compliance with the administrative regulation of the Ministry of the Interior and the Ministry of Justice of Mecklenburg-Vorpommern on the Directive on the Protection of Endangered Witnesses and the Witness Protection Harmonisation Act. Persons who are exposed to a particular threat due to their possible testimony and readiness to testify, especially in cases of serious or organised crime, will be accepted to these programmes. The victims have to be suitable for and willing to enter a witness protection programme. See also the answers to Questions 2.1 and 2.3. In addition, every individual case will be reviewed under the aliens legislation.2.3 Is there an opportunity for victims of trafficking in human beings to get a residence permit even though they originally entered as illegal immigrants? Which requirements have to be met in this case?Answer:Yes, see the answers to Questions 1.2 and 1.5. Every case will be individually reviewed under the aliens legislation.3. What are the further procedures?1. Which follow-on programmes are conducted by government agencies?2. Answer:The aim of the ZORA special consultation service is a possibly swift and stable restoration of the physical and mental integrity of the victims by supporting them on their way into a normalised everyday life, in developing prospects for their future and perceiving their rights and wishes. Irrespective of their readiness to testify, victims of trafficking in human beings are offered psychosocial counselling and help in searching therapeutic measures to overcome traumatic experience. Furthermore, ZORA provides support for the search for adequate offers to secure the basic existential and medical needs of the victims. There are no special follow-on programmes in Mecklenburg-Vorpommern.3.2 What will happen to the victims of trafficking in human beings if they return to their countries of origin?Answer:If there are non-governmental organisations (NGOs) in the victim’s country of origin that offer local support of victims, the victim will be informed about this. The NGO will be contacted and informed by the police victim protection agency or a German special consultation service if the victim wishes continued support. The intensity of the continued support depends on the possibilities of the local NGO and the wishes of the victim.3.3 Is there a national authority that tracks the whereabouts of the victims after their return to their home country? Which authority would that be, and how is this put into practice?Answer: No3.4 Do the government agencies conduct statistical surveys about how many persons repeatedly become victims of trafficking in human beings?Answer: No3.5 Do the government agencies conduct statistical surveys about how many persons do not become victims of trafficking in human beings again?Answer: No-----------------------[1] http://www.landtag-mv.de/dokumentenarchiv/drucksachen/4 Wahlperiode/D04-2000/Drs04- 2265.pdf?&ctrl=fromSearch&search=2265&[2] http://bundesrecht.juris.de/englisch_stgb/index.html[3] http://www.qesetze-im-internet.de/aufenthg_2004/[4] http://www.verwaltungsvorschriften-im-internet.de/pdf/BMI-MI3-20091026-SF-A001.pdf[5] http://bundesrecht.juris.de/englisch_stpo/index.html