Answer by Hamburg Govnmt on quiz on THB June 2011

Civil Security BIS1. Which institutions deal with the victims of human trafficking?Two special departments of the Hamburg Police (LKA 65 “special department for human trafficking” – and LKA 22 “witness protection”) are concerned with victims of the offence of “human trafficking for the purposes of sexual exploitation”. In the case of victims of the offence of “human trafficking for the purposes of exploitation of labour”, responsibility lies with a further department (LKA 53 “special department for particular economic crimes”.In addition, at the central residents’ registration office, there are two specially aware members of staff who are responsible for issuing residence permits pursuant to Section 25 para 4a AufenthG (Residence Act – national transposition of the directive on the protection of victims of trafficking (2004/81/EC)) or certification of freedom of movement (Freizügigkeitsbescheinigung) respectively to victims of human trafficking.Furthermore, various NGOs also concern themselves with the victims of the phenomenon of human trafficking. To mention one example, the Hamburg Police has had a cooperation agreement since 1999 with KOOFRA[1] e.V. and has a history of successful cooperation.2. Do you keep records regarding the statistics of successful / unsuccessful integration of the victims of human trafficking into society?Neither the police nor the aliens department have any data on this subject.3. What is the institutions’ and society’s attitude towards the victims of human trafficking?In Germany, prostitution is legal and thus not subject to criminal prosecution of any kind. The “Act Regulating the Legal Position of Prostitutes” (Gesetz zur Regelung der Rechtsverhältnisse von Prostituierten) exists specifically to cover prostitutes as a group.Victims of human trafficking are fundamentally treated in the same way as victims of other criminal offences.When issuing residence permits to the victims of human trafficking pursuant to Section 25 para 4a AufenthG, an interest in the criminal prosecution of the offenders is paramount, along with the related interests of removing the victims permanently from the sphere of influence of the offenders and protecting them. This applies to the extent that residence permits issued pursuant to Section 25 para 4a AufenthG are to be withdrawn should the victims voluntarily renew contact to the offenders.Should the victims of human trafficking express the wish to remain in Germany following the conclusion of criminal proceedings against the offenders, the legal position in question will be examined to establish whether and how this wish can be fulfilled. It can be helpful in this respect if those affected have easier access to the German job market as defined in Section 6a of the Ordinance on Official Procedures Enabling Resident Foreigners to Take Up Employment (Beschäftigungsverfahrensverordnung).The General Administrative Regulation relating to the Residence Act (AufenthG) elaborates on the prospects for a right of residence under No. 25.4a.4.2 as follows:“The personal interests of the foreigner are of only secondary importance in the context of this weighing up of interests, since Section 25 paragraph 4a concerns special circumstances, primarily comprising the facilitation of the conduct of criminal proceedings against the offender. Questions of victim protection going above and beyond this are not to be dealt with in the process of issuing a residence permit pursuant to Section 25 paragraph 4a but should rather be considered in the context of scrutinising the granting of a different residence permit (e.g. pursuant to Section 25 para 5 or Section 25 para 3 on the basis of a deportation ban pursuant to Section 60 para 2 and para 7 clause 1) or, alternatively, of a temporary suspension of deportation pursuant to Section 60a para 2 clause 1, 2 or 3. The frequently considerable threat faced by victims of human trafficking who cooperate with the criminal prosecution authorities is to be taken into account under the provisions of these regulations, including after conclusion of the criminal proceedings or following the end of the victim’s role as victim/witness respectively. Considerable risks to life and limb or freedom emanating from the offenders’ social environment in the country of origin often stand in the way of the victims’ return to that country. Furthermore, victims often face serious social exclusion and stigmatisation in their native countries if their (forced) involvement in prostitution and other circumstances leading to their role as witnesses in legal proceedings against human trafficking become known. This special situation, resulting causally from cooperation with the criminal prosecution authorities, should wherever possible be taken into account during consideration of other legal grounds pertaining to the case.”It is worth mentioning in this context the Federal Government bill, currently going through the legislative process, to implement European Union directives on right of residence and to bring national legal provision into alignment with the EU visa codex (Bundesrat official document 210/11), whose purpose includes the transposition of the so-called sanctions directive (2009/52/EC) into national law and which provides for a new paragraph 4b for Section 25 of the Residence Act (AufenthG) creating a right of residence for the victims of illegal employment which reads as follows:“(4b) By way of derogation from Section 11 para 1, a foreigner who is the victim of a criminal offence pursuant to Section 10 para 1 or Section 11 para 1 clause 3 of the Act to Combat Undeclared and Illegal Employment [Schwarzarbeitsbekämpfungsgesetz] or pursuant to Section 15a of the Temporary Employment Act [Arbeitnehmerüberlassungsgesetz] may be granted a residence permit for a temporary stay even if he or she is enforceably required to leave the Federal territory. The residence permit may only be issued if1. the public prosecutor’s office or the criminal court considers the foreigner’s temporary presence in the Federal territory to be appropriate in connection with criminal proceedings relating to the said criminal offence, because it would be more difficult to investigate the facts of the case without his or her information, and2. the foreigner has declared his or her willingness to testify as a witness in the criminal proceedings relating to the offence. The residence permit may be extended if the foreigner has not yet received in full the payment to which he or she is entitled from his or her employer and it would constitute a particular hardship for the foreigner to have to pursue his or her claim for payment from abroad.”This right of residence is intended primarily to contribute to combating illegal employment and to reduce incentives for illegal immigration. It is complemented by an extended liability on the part of the masterminds acting in bad faith behind the employers for the repatriation costs of the foreigners illegally employed by them.4. 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?There are no particular methods to persuade the victims of human trafficking to make a statement to the police. The voluntary nature of an incriminating statement is essential and may only be supported by the provision of help for getting out of prostitution. This includes protective measures provided by the witness protection department of the state police, LKA 22, and/or cooperation with the aforementioned NGO, KOOFRA e.V. The latter institution provides victims of human trafficking with safe accommodation and support if they need time to think about whether to make a statement to the police. Victims have four weeks to decide.5. Are the victims of human trafficking entitled to receive legal protection?Provided there is an entitlement to take incidental action, victims have the option of legal assistance.6. Is it possible for a victim of human trafficking to acquire residence permit in Hamburg, if he or she had been initially regarded as an illegal immigrant?Yes, the relevant federal legal norm, Section 25 para 4a AufenthG, makes provision for the issue of residence permits to foreigners who are enforceably required to leave the Federal territory, even in the case of an existing “block” because of expulsion, deportation or removal.7. Are there any governmental programmes (methods) aimed at combating human trafficking?EU Directive 2011/36/EU concerning this came into force on 01.04.2011 and must be transposed into national law by 2013.8. Do you have any data on the victims of human trafficking who have been returned to their country of origin?No such data is available here.-----------------------[1] Koordinierungsstelle gegen Frauenhandel (coordination centre against trafficking in women)