Answer by Sch-Hol Minister April 2011 on quiz from Amtsberg

BÜNDNIS 90/DIE GRÜNEN * Düsternbrooker Weg 70 * 24105 Kiel Political GroupBÜNDNIS 90/DIE GRÜNENLandtag (Parliament) Schleswig-HolsteinLuise AmtsbergMr. Interior Minister Speaker for refugees and migrationKlaus SchlieDüsternbrooker Weg 70D-24105 Kiel, GermanySwitchboard: +49 (0) 431/988-1500-in-house- Direct dialling: +49 (0) 431/988-1506Mobile phone: +49 (0) 171/520 6076Fax: +49 (0) 431/988-1501Luise.Amtsberg@gruene.ltsh.deParliamentary letter pursuant to §40 I Rules of Procedure Kiel, 7 April 2011Dear Minister Schlie,The Land of Schleswig-Holstein is represented in the Working Group on Civil Security of the Baltic Sea Parliamentary Conference by one member of the Landtag. The Working Group, established on 3 February 2010 in Copenhagen, deals primarily with the subject of trafficking in human beings and works on cross-border recommendations and guidelines on combating trafficking in human beings in the Baltic Sea region.However, trafficking in human beings in the different Member States and regions of the Working Group shows considerable different features. In order to be able to elaborate targeted and helpful recommendations for action, an increased demand for more information was expressed during the latest meetings of the Working Group. The Working Group decided to draft an enquiry that had to be submitted to and answered by the different governments. The results shall be shared with the other members at the next meeting of the Working Group.Furthermore the subject shall be discussed at the meeting of the Europe Committee on 11 May.I therefore kindly ask you to answer for me, within the framework of a parliamentary letter pursuant to §40 Rules of Procedure, the following questions:1.) What does the Schleswig-Holstein Land Government understand by the term “Trafficking in human beings”?2.) What data / information on trafficking in human beings to or within Schleswig-Holstein does the Land Government have? Does the Land Government consider these numbers as reliable or does it assume a high estimated number of undocumented cases in the field of trafficking in human beings? How may these data (if applicable) be processed in a better way in order to tackle the problem?3.) How does the Land Government judge the data and the size, respectively of trafficking in human beings in Schleswig-Holstein?4.) Does the Land Government consider it necessary to employ targeted means and resources for (specific) authorities and non-governmental organisations and projects, in order to bring off sustainable measures to curb trafficking in human beings in Schleswig-Holstein?a) If yes, what may such measures be?b) If no, how does the Land Government establish that such a necessity does not exist?5.) With which non-governmental organisations does the Land of Schleswig-Holstein work together for curbing trafficking in human beings and giving advise and support to the victims of human trafficking? Which organisations receive financial support from the Land Government for their work against trafficking in human beings?6.) Are there special units of Land or Federal police, explicitly entrusted with combating trafficking in human beings in Schleswig-Holstein? (If yes, please specify and make clear who these individual units are.)7.) In the past, were there any measures for training judges, public prosecutors, policemen or employees of the foreigners’ registration offices on how to deal with victims of human trafficking?a) If yes, what were these measures?b) If not, why not?8.) Does the Land Government support the statement that trafficking in human beings constitutes a cross-border statutory offence that requires cross-border measures?9.) Is there any cross-border cooperation (e.g. with other states in the Baltic Sea region) of the police or specific units of the police force for the common fight against trafficking in human beings in Schleswig-Holstein?a) If yes, what type of cooperation is there?b) If no, why not?10.) Does the Land Government have plans to develop an action plan against trafficking in human beings? If not, why not?11.) How does the Land Government act if it finds out that persons who are victims of human trafficking are staying in Schleswig-Holstein without valid residence permits? How much time do they have to prove that they are the victim of human trafficking? What happens if the authorities do not accept them as victims of human trafficking?12.) Is there a possibility for verifiable victims of human trafficking to obtain a valid residence permit, even if they entered the country illegally? If yes, what are these possibilities?13.) Since 12 years now, there is cooperation between the Land of Schleswig-Holstein and the North Elbian Evangelical Lutheran Church to fight trafficking in human beings. The contra-centre, operated by the North Elbian women’s welfare organisation, is financed amongst others by funding from the Land budget. Were there any reductions in funding in the past 11 years? If yes, please specify these according to year and the size of the reductions (absolute numbers and percentages). If yes, how does the Land Government justify the reductions it applied?With kind regards,---signature Luise Amtsberg---Ministry of the Interiorof the Land ofSchleswig-HolsteinMinisterMrs.Luise Amtsberg, Member of the Land Parliament (MdL)Düsternbrooker Weg 70D-24105 Kiel, Germany9 May 2011Parliamentery letter pursuant to §40 I Rules of ProcedureDear Mrs Amtsberg,I answer your questions from your letter of 7 April as follows:Question 1.:The statutory offences of trafficking in human beings for the purpose of sexual exploitation (§ 232 Criminal Code/StGB) and for the purpose of work exploitation (§ 232 Criminal Code/StGB) and the promotion of trafficking in human beings (§ 233a Criminal Code/StGB) are defined in the 18th chapter of the Criminal Code/StGB “Offences against personal freedom” (Reform of statutory offences of trafficking in human beings with the 33rd Amending Law in the year 2005).For both the statutory offence of trafficking in human beings for the purpose of sexual exploitation and for work exploitation one has to realise that these are very complex. To prove that all the elements of the offence are fulfilled the testimony of the victim is of utmost importance. In the field of sexual exploitation this is in particular the case for elements such as “predicament”, “helplessness arising from being in a foreign country” and “inducing” someone to continue to engage or start to engage in prostitution. Persons younger than 21 years of age are subject to a higher degree of protection, so that the evidence of trafficking in human beings for the purpose of sexual exploitation concentrates on the element of “inducing”. The equally relevant statutory offences of § 180a Criminal Code/StGB “Exploitation of prostitutes” and § 181a Criminal Code/StGB “Controlling prostitution” can be found in the 13th chapter: “Offences against sexual self-determination”.In the situation of trafficking in human beings for the purpose of work exploitation for each specific offence amongst other things employment under working conditions must be present, that are in clear discrepancy to the working conditions of other workers (normal local wages).Trafficking in human beings can not be treated and combated in isolation.Apart from §§ 232 et seq. Criminal Code/StGB also other statutory offences come into consideration, which have to be prosecuted as ancillary or logistic offences. In proceedings regularly also other statutory offences such as e.g. controlling prostitution, blackmail, causing bodily harm, threatening the commission of a felony, sham marriage, offences against sexual self-determination, violations against the Weapons or Drugs Act or smuggling and forgery offences are in question.Furthermore often also breaches of tax and social security law provisions are established in relation with trafficking in human beings. In these fields additional authorities such as e.g. the tax investigation office or the customs office / office for financial control on illicit work (FKS) are competent.Questions 2. and 3.:Because the Federal Overview on Human Trafficking 2010 and therefore also the new numbers for Schleswig-Holstein are not yet available, the Overview on Human Trafficking of 2009 still applies.In the Federal Overview on Human Trafficking 2009, 15 proceedings (sexual exploitation) were mentioned for Schleswig-Holstein.• Against a total of 25 suspects in these proceedings (19 male suspects and 6 female suspects) investigations took place on trafficking in human beings for the purpose of sexual exploitation, but also on exploitation of prostitutes, controlling prostitution, sexual assault by use of force or threats/rape and for breach of the Residence Act. With regard to their nationality the total of 25 suspects make for: males: 7 x German / 1 x Algerian / 1 x Iraqi / 5 x Turkish / 2 x Albanian / 3 x unknown. Females: 3 x German / 1 x Bulgarian / 1 x Slovakian / 1 x unknown.• The total of 20 registered victims can be sorted according to the following nationalities: 7 Romanian, 5 German, 3 Bulgarian, 1 Slovakian, 3 Polish and 1 Russian. The majority of the foreign victims hence comes from EU Member States and therefore has the possibility to reside legally in Germany.• In 8 proceedings the exercise of prostitution took place in bar-/brothel businesses, in the other 7 proceedings in so-called escorts’ apartments / houses / hotels.• Recruitment of women often took place by making false promises in their home country (promises for a better life/career choice and so on) or they were forced into prostitution directly by friend suspects; frequently by the use of physical violence.Police Criminal Statistics (PKS) in the field of human trafficking offences only describes the crimes that are noticed. Especially the field of trafficking in human beings is characterised by the fact that, as experience shows, a large part of the crimes take place out of sight, what renders solving and prosecuting them through criminal law and police measures extremely difficult in practice.In the circa 100 brothel businesses and circa 300 so-called escorts’ apartments in Schleswig-Holstein next to German women in particular women from EU accession states offer their sexual services. The largest properties are in Kiel.Sexual exploitation of Nigerian women using the specific phenomenon of “voodoo magic” was not found in Schleswig-Holstein in 2009; also at the Germany-wide inspection day in February 2010 no observations were made relating to this.Combating trafficking in human beings and forced prostitution demands coordinated, structured and consistent action by all relevant actors, because these are difficult and time-consuming investigations.The police has the challenge of developing strategies and activities in order to gather information on issues in the field of this offence relevant for criminal law.Trafficking in human beings is an inspection offence (”Kontrolldelikt”). By abolishing the provision that defined prostitution as a violation of public policy through the Prostitution Act that entered into force in 2002 and the EU eastward enlargement in 2004 it has become significantly more difficult to control the scene by means of raids or to contact potential victims of human trafficking, as both residence as well as offering sexual services itself for the most part are legal. According to labour law a self-employed prostitute of European nationality does not need an employment permit. She only needs an employment permit if she engages in prostitution as an employee.In the past suspicious facts for exploitation and forced prostitution often could be acquired in the framework of interrogation of foreign prostitutes, which usually took place as a result of breaches of legislation on foreigners. These conditions today are still applying to women who are not coming from an EU-State. As a result detected information on crime in the field of this offence is harder to obtain both in the Federal Republic of Germany as well as in Schleswig-Holstein. Yet one has to assume that the high proportion of exploitation and coercion in the prostitution scene remains the same.In particular the statement of the so-called victim-witness plays an important role in this context. It is essential for the consistent process from the preliminary proceedings until the final accusation.The willingness of potential victim-witnesses to give a detailed statement of the offence and the offender to the police normally is limited for reasons of fear of reprisals. Such women usually are intimidated by offenders and moreover, especially because of their experience in their countries of origin, they have hardly any confidence in the police. In addition they may fear deportation and further deterioration of their social and economic position.All measures suited to increase the willingness of potential victim-witnesses to give statements therefore will be in the interest of an effective combating strategy on the part of the criminal prosecuting authorities.In Germany this involves a combination of protection and psycho-social care, whereas protection comprises essentially guaranteeing physical integrity, accommodation, means of subsistence and residence status for the women in Germany.In this field, for the criminal prosecution offices there are inevitably opportunities for cooperation with counselling centres that seek contact with the women concerned. In Schleswig-Holstein this task is carried out by the NGO contra. Implementation of protection measures sometimes required for women concerned is, however, a police task and not a task for contra.Proceedings for trafficking in human beings for the purpose of work exploitation (§ 233 Criminal Code/StGB) have not been initiated by the Schleswig-Holstein police in 2009.However, the Main Customs Office Kiel undertook extensive preliminary investigations under the name “Taifun” of exploitative working conditions of Chinese speciality cooks, supported by ASMiB (evaluation centre for smuggling, human trafficking and illegal employment). The aim of the investigation into “Taifun” was to take possession of documents that could be used as evidence and to gather information through statements from witnesses on suspicion of withholding social security contributions and smuggling for the purpose of work exploitation in the field of Chinese speciality cooks. If needed, more information may be requested from the investigating unit of the Main Customs Office Kiel (e-mail: poststelle@hzaki.bfinv.de).In addition there is also information from a well-investigated article in the magazine Der Spiegel: “Sklaven am Wok”, issue 34/2009 (to be downloaded from the internet as a pdf-document).Questions 4. and 5.:Since 1999 the Land Government gives financial support to contra – the centre against trafficking in women in Schleswig-Holstein. Initially contra was funded as a three-year model-project, but since 2002 the centre receives a subsidy of 51,000 Euro per year. contra is operated North Elbian women’s welfare organisation, which itself finances contra with 60,100 Euro per year.Furthermore the Schleswig-Holstein Ministry of Justice, Equality and Integration (MJGI) provides a fund for relief in individual cases (in 2010: 6,500 Euro). These funds guarantee that essential needs of the women can be met in an unbureaucratic way during their stay in Schleswig-Holstein, if the benefits pursuant to the Benefits for Asylum Seekers Act are not or not yet granted or if these benefits do not suffice. In general these funds are used to reimburse clothing, accommodation, travel or medical expenses.contra supports women who are affected by trafficking of who might be affected. Three different forms of this offence are amongst contra’s spectrum of advice: trafficking in women in prostitution, in exploitative working conditions or in commercial marriage. Trafficking in women is a violent offence not only causing physical damages to the victims, but regularly also psychological damages. Protection and competent care for the victims therefore are just as necessary as prosecution and conviction of the offenders.In the centre two social welfare workers are advising the women during their stay in Schleswig-Holstein, support them in crisis situations, accompany them to court hearings and help them find a secure and suitable accommodation. In the cases in which the women leave the country, contra contacts authorities in the country of origin to enable them to obtain returnee assistance.In 2007 contra started to establish local support networks for the victims of trafficking in women in several regions in Schleswig-Holstein. Through the church, contact persons were found in Nordfriesland, Dithmarschen, Kiel, Neumünster and Schleswig-Flensburg, who are willing to establish regional networks. They will take care that persons concerned will be assisted locally in their daily life and will be accompanied in visits to a doctor or to the authorities. The congregations offer places for advice and accommodation and engage interpreters. In the coming years contra will expand this regionalisation to other parts of the Land of Schleswig-Holstein.Cooperation of the Land police with contraIf there are clues or indications to suggest that foreign women might be the victim of trafficking in human beings or forced prostitution, the offices entrusted with the proceedings are instructed by decree to point at an early stage to the possibility of care and advice by contra, the centre against trafficking in women in Schleswig-Holstein (IV 605 -212-29.222-7 from 20/07/2009, legal treatment according to the Residence Act of third country nationals who are the victims of trafficking in human beings or who acted as accessory to illegal immigration and who cooperate with the competent authorities, § 25 sub 4a Residence Act/AufenthG). Making contact should be promoted.With regard to the indicators contra made a list of indicators for trafficking in women, which are in particular helpful for those police officers who rarely come into contact with this phenomenon. Basically however we have to say that the investigations for trafficking in human beings are executed by experienced investigation officers and that there are specific training programmes for criminal police officers who work on these criminal offences.Next to contacting contra in individual cases there is cooperation beyond specific cases in the form of professional working groups (participants from several public offices; creation of a network, in which people work jointly on subjects of human trafficking).On the level of Schleswig-Holstein as a Land the multilingual guide for prostitutes must be highlighted, which was developed in cooperation with the police department Kiel (with the investigation team “criminal scene” of the district criminal inspectorate Kiel), contra and the capital of Kiel. With great commitment and effort for the first time an easy to use brochure/guide for prostitutes in Kiel was developed, which was translated into 11 other languages. The guide is available in the languages German, English, Turkish, Spanish, Polish, Bulgarian, Romanian, Czech, Slovakian, Lithuanian, Russian and Thai. Eventually there may be a need for support for reprinting the guides or for a new edition in additional other languages.Question 6.:The police units that perform the investigations are, depending on the scale of the proceedings, acting on the level of district criminal inspectorates, criminal police units or in cases of organised crime and German-wide and/or international serial and organised crime on the level of the Land Criminal Office (LKA). At the district criminal inspectorate Kiel and at the criminal police unit Lübeck there is also an investigation team for the criminal scene. Therefore through continuous presence of the police and by building trust and confidence with contact persons for the scene the willingness to make statements on the part of possible victims can be promoted.Since 01/02/2006 the Land Criminal Office (LKA) has a cross-agency evaluation centre for combating criminal smuggling, trafficking in human beings and illegal employment (ASMiB), in which apart from LKA also the federal police and customs are participating.• Purpose:ASMiB pursues the purpose to bring together on a cross-agency base existing knowledge on the subject of “trafficking” in a shared overview, in order to be able to make statements on the characteristics of this field of offences and associated and ancillary crime such as assisting human trafficking, trafficking in human beings and illegal employment and to draft guidelines for action by the competent authorities.• Responsible and executing authority:ASMiB is operated by the LKA Schleswig-Holstein on behalf of the Land police, the Federal Police Office in Flensburg and the Main Customs Office Kiel. ASMiB is located and organised in the structures of LKA Schleswig-Holstein.• Number of operations and services:ASMiB is an evaluation and analysis-unit, which does not have operative tasks as asked in the question.• Average number of employees per year involved since its introduction:The total size of the joint evaluation centre is 4 employees (2 officers of the Land Police, 1 officer of the Federal Police and one civil servant of the Customs Office).• Annual personnel and material costs:There is no information on the actual costs.Because of reasons of reciprocity of material and personnel allocation the costs of personnel and material are not claimed by the authorities involved. The premises required for ASMiB and the office equipment are made available by LKA Schleswig-Holstein for the duration of the cooperation agreement. The IT-technology and tools are provided both by the Land Police and the Federal Police. The Main Customs Office Kiel provides for its civil servant a company car and a mobile telephone for his work for ASMiB.Trafficking in human beings can not be treated and combated in isolation. Apart from §§ 232 et seq. Criminal Code/StGB also other statutory offences come into consideration, which have to be prosecuted as ancillary or logistic offences. In proceedings regularly also other statutory offences such as e.g. controlling prostitution, blackmail, causing bodily harm, threatening the commission of a felony, sham marriage, offences against sexual self-determination, violations against the Weapons or Drugs Act or smuggling and forgery offences are in question.Furthermore often also breaches of tax and social security law provisions are established in relation with trafficking in human beings. In these fields additional authorities such as e.g. the tax investigation office or the customs office / office for financial control on illicit work (FKS) are competent.The local criminal police units of the Land police support members of the financial control unit illicit work only in specific cases. This support normally consists of sealing off certain premises or giving assistance in determining personal data.Question 7.:In the judiciary regularly advanced trainings for judges and public prosecutors are organised on the subject of trafficking in human beings. In 2010 for example, a conference of the German Judicial Academy took place on the subject of “International Trafficking in Human Beings” in Trier from 29 November until 3 December. The conference was aimed at judges exercising criminal law and at public prosecutors. It was intended to promote understanding for the victims and improve dealing with persons affected by human trafficking. Practical solutions for problems in criminal procedures were discussed. The meeting presented the “phenomenon of trafficking in human beings” and the role of victims in the investigation and criminal procedure (psychological backgrounds and the effect of experiences on the ability to give statements, dealing with interrogations). Furthermore the laws on combating trafficking in human beings, the situation of the law on foreigners after implementation of the “Directive on the Protection of Victims” and practical issues on how to execute a criminal procedure on trafficking in human beings (legal assistance, cooperation with non-governmental organisations, victim protection) were discussed. This year the conference will be repeated in Wustrau from 25 September until 1 October.In addition there are trainings that in general deal with the role of victims and that for that reason obviously also provide specific knowledge for dealing with victims of human trafficking. This year the German Judicial Academy for example will organise a conference in Trier on the subject of “The Victim in Criminal Justice”. The conference is aimed at judges and public prosecutors. In lectures and discussions, apart from general issues, in particular the subject matters of “Reconciliation between victims and offenders and compensation for damages”, “Civil action in combination with criminal proceedings (Adhäsionsverfahren)”, “Procedural rights for victims in criminal procedures and participatory rights” and “The victim as witness and source of evidence” will be discussed.Questions 8. and 9.:The key element in the efforts of the Land Government to give effect to cooperation in combating cross-border crime in the Baltic Sea region in 2009 was the 13th Meeting of the Prosecutors General of the States bordering the Baltic Sea in the Hanseatic City of Lübeck from 30 September until 2 October 2009.The conference took place on the invitation of the former Ministry of Justice, Labour and Europe, of the Federal Ministry of Justice and the Ministry of Justice of Mecklenburg-Vorpommern. Next to the state secretaries of the ministries, the participants were the prosecutors general and other representatives from Denmark, Germany, Estonia, Finland, Latvia, Lithuania, Norway, Poland, the Russian Federation and Sweden as well as the representative of the Council of the Baltic Sea and the representative of Eurojust. The conference was moderated by the prosecutor general of the Land Schleswig-Holstein. In an intensive way steps were discussed and measures decided to intensify cooperation in criminal matters between the states of the Baltic Sea region, especially in regard to combating international organised crime, which includes trafficking in human beings as well. The joint press release of 2 October 2009 on this subject reads as follows:“The participants agree that combating cross-border crime in an effective way is of particular importance for safeguarding the legal order. Considering the new challenges good cooperation of prosecuting authorities is essential, especially in combating international organised crime, international terrorism and also piracy. A discussion took place on how for instance the instruments of international cooperation may be improved, such as legal assistance – which includes establishing joint investigation units or the use of video-interrogations. The exchange will be continued. A decision was taken for the next meeting to take place in Finland.”Against the background of the international nature of the crime of trafficking in human beings and increasing mobility and globalisation, also in the area of prosecution there is a high need for close cooperation with prosecuting authorities from abroad. On the international level this takes place in the form of international police assistance through the Federal Criminal Police Office (BKA) (which functions as a central body). In addition the “joint office Padborg” acts, as a joint office of the Land and Federal Police as well as of the German and Danish Customs, as a contact point for cross-border information and investigation requests from Denmark and the whole of Scandinavia, providing quick and unbureaucratic service to requesting units. Their main fields of work are cross-border exchange of information relevant for security and providing services to operative units.Question 10.:The Land Government awaits the parliamentary debate on this issue. Reference: discussion in the Europe-Committee of the Schleswig-Holstein Landtag.(Implementation of the Resolution of the 8th Southern Baltic Sea Parliamentary Forum and the 19th Baltic Sea Parliamentary Conference, publication no. 17/1013 and 17/1030.)Question 11.:With the EU-Directive Implementation Act of 19/08/2007, in force since 28/08/2007, with § 25 sub 4a Residence Act/AufenthG a provision was included in the Residence Act according to which foreigners who have been victims of trafficking in human beings can be granted a temporary residence permit under certain conditions.This norm serves to implement the so-called Directive on the Protection of Victims of the EU from 29 April 2004, which gives rules on granting residence permits for third country nationals who are the victims of trafficking in human beings or who acted as accessory to illegal immigration and who cooperate with the competent authorities.The purpose of these provisions was and is to give those concerned incentives for cooperating with the competent prosecuting and judicial authorities in criminal procedures in relation to trafficking in human beings.Guaranteeing the security of the victims of human trafficking and adequate support for them is an important condition for successful prosecution of offenders and therefore for achieving the legislative goal behind § 25 sub 4a Residence Act and the Directive underlying it. In applying § 25 sub 4a and the further provisions related to it care must be taken to ensure that foreigners who can be considered as potential witnesses will not be exposed to additional dangers or stigmatising as a result of disclosure of this quality.The residence permit according to § 25 sub 4a Residence Act/AufenthG may be granted, if and as long as the cooperation of the witness in a relevant criminal procedure requires continued temporary stay in the German federal territory. Furthermore it is a prerequisite that those concerned break off any relationship with the persons accused for having committed the offence and that they declared their willingness to make a statement on the crime as a witness in the criminal procedure.There is no entitlement to such a residence permit; granting the permit is at the sole discretion of the competent authorities.In Schleswig-Holstein, for reasons of significant demand to fight trafficking in human beings and forced prostitution in an effective and sustainable way and to protect the victims after § 25 sub 4a Residence Act/AufenthG came into force, further instructions on the application of the norm were issued with the decree from 20/07/2009 (File No. IV60’5-212-29.222-7).Numbers 2. and 3. of the decree regulate the procedure, granting time for consideration and the possibility of granting residence titles, if no residence permits can be granted according to § 25 sub 4a Residence Act/AufenthG.Question 12.:Pursuant to number 5.b. of the previously mentioned decree, unlawful entry does not preclude granting a residence permit according to § 25 sub 4a Residence Act/AufenthG.Question 13.:Funding for the contra-centre was not reduced until now. Starting from 2012 there will be an annual reduction with 6,000 Euro (11.72%). Because of the consolidation of the budget that was decided, this has become necessary.With kind regards,signed Klaus Schlie