Answer by Me-Vo Govnmt Mar 2011 on question 2011-02

Ministry of the Interior of the Federal State of Mecklenburg-VorpommernQuestion No. 1:Why has the Federal Republic of Germany not ratified the 2007 Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse (CETS No.: 201 (2010)) to date?Reply:On 25 October 2007, at the 28th Conference of European Ministers of Justice organised by the Council of Europe, the Ministers signed the Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse. In the statement released to the press on the same day, the Federal Ministry of Justice pointed out that by signing the above Convention, the Federal Government had expressly declared its readiness to fully protect children against sexual exploitation and sexual abuse; also, the obligations laid down in the Convention had been transposed into German law for the most part already. Following its ratification by five states, the Convention became effective on 1 July 2010. So far, a total of 32 states have signed the Convention, and ten have ratified it.Initially, in 2008, with the Act on Combating the Sexual Exploitation of Children and Child Pornography (Gesetz zur Bekämpfung der sexuellen Ausbeutung von Kindern und der Kinderpornographie), the relevant Council Framework Decision (2004/68/JHA) of 22 December 2003 was implemented. The reasons why the above Convention has not been ratified as yet are not known.Question No. 2:What measures are taken in the training of judges, public prosecutors, police officers and the staff of immigration authorities to enable these officials to identify and assist victims of human trafficking?Reply:The Concept of the State Government on Combating Human Trafficking and Forced Prostitution in Mecklenburg-Vorpommern (Konzept der Landesregierung zur Bekämpfung von Menschenhandel und Zwangsprostitution in Mecklenburg-Vorpommern) dated 15 May 2006 (Printed Matter 4/2265 of the Mecklenburg-Vorpommern State Parliament [in German], see http://www.landtag-mv.de/dokumentenarchiv/drucksachen/4_Wahlperiode/D04-2000/Drs04-2265.pdf?&ctrl=fromSearch&search=2265&) stipulates the following in Item 4 (Other Matters): “The relevant bodies will exchange their experience once a year. They will ensure on their own responsibility that all staff members achieve the required standards of competence and undergo suitable follow-on training. Special attention should also be paid to advanced multidisciplinary follow-on training, which will be coordinated by the points of contact (POCs) of the respective bodies.”The Mecklenburg-Vorpommern University of Applied Sciences of Public Administration, Police and Administration of Justice (Fachhochschule für öffentliche Verwaltung, Polizei und Rechtspflege des Landes Mecklenburg-Vorpommern) in Güstrow, which is in charge of the training and follow-on training of the Mecklenburg-Vorpommern state police, has included the subject areas of forced prostitution and human trafficking in the relevant training concepts for the target groups of the police force. So, for instance, these issues are dealt with in the following ongoing courses: “Combating Serious Crime” (“Bekämpfung der Schwerkriminalität”) and “Crimes against Sexual Self-Determination” (“Straftaten gegen die sexuelle Selbstbestimmung”).Since 2007, the German Judicial Academy (Deutsche Richterakademie) has conducted an annual conference on the subject of international trafficking in human beings. The conference is directed at criminal jurisdiction judges as well as public prosecutors and wishes to promote an understanding of victims and optimise the handling of those affected by human trafficking. Issues discussed include the “phenomenon of human trafficking”, the victim’s role in investigation and prosecution procedures, the legal situation with respect to the combating of human trafficking, the legislation relating to foreign nationals following the implementation of the directive on victim protection* as well as practical questions pertaining to legal assistance, cooperation with NGOs, and victim protection. Judges and prosecutors of the state of Mecklenburg-Vorpommern regularly attend these conferences. Foreign nationals are also included under the European Judicial Training Network (EJTN).Defence counsels as a sub-group of the legal profession receive the relevant training and follow-on training on their own initiative.So far, staff members of aliens authorities of the state of Mecklenburg-Vorpommern have not undergone any special training on the issue. They acquire expertise through direct cooperation and/or through participation in working groups (e.g. Rostock Working Group in collaboration with the aliens authority, the public prosecutor’s office, the district court, the state police, the youth welfare department, and the social security office) and information provided by the Joint Analysis and Strategy Centre for Illegal Migration (Gemeinsames Analyse- und Strategiezentrum illegale Migration – GASiM), the equal rights representative of the rural districts, and the advice centres for victims of forced prostitution and trafficking in women.Question No. 3:Is there such a thing as joint investigation teams specialising in human trafficking that are made up of members of the [Mecklenburg-Vorpommern] state police and security authorities of other countries bordering on the Baltic Sea? If yes, what experience has so far been gained with this cooperation? If not, what are the reasons?Reply:In Mecklenburg-Vorpommern, crimes involving human trafficking are essentially a task for the criminal investigation departments. Also, in cases of organised smuggling of human beings, investigations are carried out by the Joint Investigation Team on the Smuggling of Human Beings of the Mecklenburg-Vorpommern State Office of Criminal Investigation (Gemeinsame Ermittlungsgruppe Schleuser im Landeskriminalamt Mecklenburg-Vorpommern – GES MV), which is made up of members of the state police, the Federal police, and the customs authorities.The greatest challenge to criminal prosecution is the difficulty to identify victims of human trafficking and react to new modi operandi. So, for instance, the prosecuting authorities are increasingly confronting the phenomenon that citizens from the new EU member states, the home countries of most of the foreign victims of human trafficking, are now entitled to legally stay in Germany and engage in prostitution as independent entrepreneurs. As a result, checks for suspected infringements of provisions relating to residence permits – which, previously, constituted an important angle of investigation in cases of suspected human trafficking – have ceased to apply for the most part. Furthermore, since 2005, human trafficking for labour exploitation has been subject to penalties.Mecklenburg-Vorpommern has seen only very few instances of human trafficking. In 2009, the police recorded six cases involving a total of nine victims. Eight male German suspects were investigated for those crimes. However, setting up joint investigation teams to tackle this problem has not been necessary to date, and neither have other countries bordering on the Baltic Sea submitted corresponding requests as yet.Whenever there are international interfaces in criminal prosecution, the competent authorities avail themselves of international legal assistance with matters of criminal law. The bilateral exchange of information on these issues with the affected state has been both continuous and successful.* AdÜ: Vollständiger Titel der Opferschutzrichtlinie: RICHTLINIE 2004/81/EG DES RATES vom 29. April 2004 über die Erteilung von Aufenthaltstiteln für Drittstaatsangehörige, die Opfer des Menschenhandels sind oder denen Beihilfe zur illegalen Einwanderung geleistet wurde und die mit den zuständigen Behörden kooperieren. Englisch: 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.