Nº 9. AÑO TRAFFICKING OF HUMAN BEINGS FOR THE PURPOSE OF SEXUAL EXPLOITATION IN SPAIN. Cristina Rechea Alberola Andrea Giménez-Salinas Framis - PDF

Description
Nº 9. AÑO TRAFFICKING OF HUMAN BEINGS FOR THE PURPOSE OF SEXUAL EXPLOITATION IN SPAIN Cristina Rechea Alberola Andrea Giménez-Salinas Framis Este informe es la parte española de un informe europeo

Please download to get full document.

View again

of 19
All materials on our website are shared by users. If you have any questions about copyright issues, please report us to resolve them. We are always happy to assist you.
Information
Category:

Speeches

Publish on:

Views: 9 | Pages: 19

Extension: PDF | Download: 0

Share
Transcript
Nº 9. AÑO TRAFFICKING OF HUMAN BEINGS FOR THE PURPOSE OF SEXUAL EXPLOITATION IN SPAIN Cristina Rechea Alberola Andrea Giménez-Salinas Framis Este informe es la parte española de un informe europeo sobre Tráfico de seres humanos con fines de explotación sexual llevado a cabo por tres países de la Unión Europea: Finlandia, Italia y España. El informe corresponde a una investigación que se realizó en el marco de un proyecto STOP financiado por la Comisión europea (MON-EU-TRAF I). El informe europeo completo del primer proyecto puede consultarse íntegramente en la siguiente dirección de internet: En este momento se está finalizando el segundo proyecto STOP relativo al mismo tema pero ampliado a los 15 países de la Unión europea. 1 TABLE OF CONTENTS 1 INTRODUCTION CRIMINAL LAW RESPONSES THE OFFENCE OF TRAFFICKING IN HUMAN BEINGS Trafficking in labour TRAFFICKING IN HUMAN BEINGS FOR THE PURPOSE OF SEXUAL EXPLOITATION OTHER INFORMATION AVAILABLE OFFICIAL AND CONFIDENTIAL SECONDARY SOURCES TRAFFICKING IN HUMAN BEINGS FOR THE PURPOSE OF SEXUAL EXPLOITATION Information on the sources of data on the phenomenon...5 a) Sources of data on trafficking in human beings for the purpose of sexual exploitation...5 b) Sources of data on other offences to which courts can refer in punishing trafficking in human beings for the purpose of sexual exploitation...6 b) Sources of data on indirect indicators of human trafficking for the purpose of sexual exploitation Information on sources of data on the actors involved in the phenomenon...6 a) Sources of data on traffickers...6 b) Sources of data on the victims of trafficking and sexual exploitation ILLEGAL IMMIGRATION Information on sources of data on the phenomenon...7 a) Sources of data on specific illegal immigration offences...7 b) Sources of data on other offences to which courts can refer in punishing illegal immigration...7 c) Sources of data on apprehension at borders, expulsions and other measures Information on sources of data on the actors involved in the phenomenon...8 a) Sources of data on illegal immigrants TRAFFICKING AND EXPLOITATION PROCESS TO AND IN SPAIN INFORMATION FROM INVESTIGATIVE AND JUDICIAL CASES The trafficking process...8 a) The demand for human trafficking services...9 b) The organised supply of human trafficking services The exploitation process a) The exploiters...10 b) The victims INFORMATION FROM NGOS CASES COMMENTS AND SUGGESTIONS ON METHODS FOR DATA COLLECTION AND THE ESTIMATION OF HUMAN TRAFFICKING FOR THE PURPOSE OF SEXUAL EXPLOITATION...13 ANNEXES FIGURES AND TABLES ANNEX 1 - DATA GATHERING FORMS USED TO RECORD INFORMATION IN THE MINISTERIO DEL INTERIOR DATABASE...15 ANNEX 2 - GENERAL INFORMATION...19 DATA FROM THE CUERPO DE POLICÍA NACIONAL...20 DATA FROM THE GUARDIA CIVIL...20 ANNEX 3 - INFORMATION ON TRAFFICKERS...22 THE MINISTERIO DEL INTERIOR DATABASE...23 THE CUERPO NACIONAL DE POLICÍA - FOREIGNERS AND DOCUMENTATION DIVISION DATABASE...26 THE GUARDIA CIVIL DATABASE...26 ANNEX 4 - INFORMATION ON VICTIMS...27 THE MINISTERIO DEL INTERIOR DATABASE...28 THE GUARDIA CIVIL DATABASE...33 ANNEX 5 - INFORMATION ON ILLEGAL MIGRATIONS (THE MINISTER DEL INTERIOR DATABASE) 1 INTRODUCTION The trafficking in human beings (most of the aliens) for the purpose of sexual exploitation is a relatively recent phenomenon in Spain, and it is for this the reason that such behaviour has only recently been criminalised. Human trafficking is becoming an increasingly serious problem, and the Spanish police are paying increasingly close attention to the criminal rings that bring illegal immigrants into the country. Most of these organisations operate in the labour market, but others introduce immigrant women for the purpose of their sexual exploitation. Public opinion has been alerted by the media, and various NGOs (new and old ones) are working to help the victims of trafficking, giving them provisions and shelter and helping them with the paperwork required to legalise their positions. In the case of sexually exploited women, these organisations seek to convince them to report their traffickers/exploiters to the police. At the same time, the methods used by the Spanish police to collect data on these offences have changed greatly in recent years, and they are bound to change further in the near future. However, at present, the official data are those collected at police stations when victims lodge complaints. In 1998 Europol drew up and introduced a data collection form intended to gather national information on human trafficking and thereby enable comparative analysis of the phenomenon. Spain agreed to join the project and has substantially improved its data collection system. The Guardia Civil 1 drafts annual reports on human trafficking for the purpose of sexual exploitation on the basis of the Europol form, although the Cuerpo Nacional de Policía 2 does not. By contrast, little information is available from judicial sources, due to the slowness of the system of justice in Spain and the difficulty of gaining access to data. This research study has afforded the Spanish partners in the project new insights into the problem of human trafficking: it was found that a great deal of information was available and that the phenomenon was much more varied than first thought. It also became clear that the availability of information depends on the co-operation of the persons and institutions that possess it, with some of them being more willing to disclose their data than others. The results of the research in Spain are summarised below according to the format for the National Report agreed by the project partners. 2 CRIMINAL LAW RESPONSES 2.1 The offence of trafficking in human beings Article 318 bis of the new Immigration Law 4/2000 enacted on 11th January 2000, and which entered into force in February of that year, introduced a new chapter into the Criminal Code entitled Offences Against the Rights of Foreign Citizens. 3 Article 318 bis-1 states that Those who promote, favour or facilitate the illegal trafficking of persons from, in transit through, or to Spain shall be punished with penalties of imprisonment from 6 months to 3 years and fines ranging from 6 to 12 months. Aggravating circumstances are also foreseen. Article 318 bis-2 states that penalties of imprisonment from 2 to 4 years and fines from 12 to 24 months shall be imposed on those committing the offences described in the previous paragraph with animus lucrandi and the use of violence, intimidation or deception, or by abusing a situation of need of the victim . Article 318 bis-3 states that penalties corresponding to the higher half of those penalties foreseen in the foregoing paragraphs shall be imposed should commission of the offence jeopardise the life, health or integrity of persons or if the victim is a minor. Article 318 bis-4 states that those who abuse their authority as law enforcement agents or public servants to commit any of the aforementioned offences shall be subject to the penalties mentioned above plus total disqualification from office for 6 to 12 years. 1 The Guardia Civil polices rural areas of the country and national borders. 2 The Cuerpo Nacional de Policía polices urban areas. 3 The chapter on Offences Against the Rights of Foreign Citizens consists only of art. 318 bis. 3 Article 318 bis-5 establishes that penalties of the immediate superior level of those foreseen in the foregoing paragraphs shall be imposed should the offender belong to an organisation or association, even temporary, devoted to such activities. The illegal trafficking of persons is also an administrative offence as introduced by Law 4/2000, article 50 of which defines this administrative offence as behaviour such to induce, promote, favour or facilitate, as part of an organisation with animus lucrandi, the clandestine immigration of persons in transit through or destined for Spain . The penalty is a fine of up to or alternatively deportation from Spain (article 53). Only individuals can commit these crimes. Legal persons do not commit criminal offences under the Spanish Criminal Code. This general principle is cited by article 31, which states in compliance therewith that those who act as directors, in fact or in right, of a legal person, or on behalf or in representation of others, shall be personally liable even though no conditions, qualities or relationships required by the criminal offence exist in order for that person to become liable, if such circumstances are fulfilled by the entity or persons on whose behalf or representation that person acts. Trafficking in labour Article in the chapter on Offences against Workers' Rights 4 punishes those who promote or favour by any means whatsoever the clandestine immigration of workers into Spain with a penalty of 2 to 5 years imprisonment and a fine from six to twelve months. 2.2 Trafficking in human beings for the purpose of sexual exploitation The 1999 reform of the Spanish Criminal Code introduced the specific offence of sexual exploitation, namely coercion into prostitution (article 188 of the Criminal Code). The second paragraph of article 188 recognises human trafficking for the purpose of sexual exploitation to be a criminal offence. Article of the Criminal Code punishes with imprisonment for between 2 and 4 years and fines ranging from 12 to 24 months those who directly or indirectly favour the entry, stay or exit of persons from Spain in order to exploit such persons sexually, by using violence, intimidation or deception, or by abusing a situation of superiority, or by exploiting the victim s need or vulnerability. Article foresees penalties corresponding to the higher half of those penalties in the foregoing paragraphs as imposed on those commit the offences mentioned in the foregoing paragraphs by abusing their authority, be they law enforcement agents or public officials. Article refers to persons under age (i.e. minors) and establishes that penalties of the immediate superior level to those foreseen in foregoing paragraphs shall be imposed should the offence be committed against minors or persons of unsound mind for the purpose of introducing such persons to prostitution or to maintain them in that situation. Article states that the above mentioned penalties shall be imposed regardless of any other sanctions to be imposed for aggression or abuse committed on the prostituted person. Hence, the offence of human trafficking for the purpose of sexual exploitation must be punished separately from the offence of human trafficking and all the individual offences (sexual aggression) committed with regard the victim. 2.3 Other information There are two special law enforcement units principally responsible for the investigation of human trafficking rings, one for each national security force. The EMUME Central unit of the Guardia Civil is integrated with the central and provincial brigades of the judicial police and investigates offences against women and minors. The unit in the Cuerpo Nacional de Policía is the Foreigners and Documentation Police Division. There are several investigative units in the Foreigners and Documentation Police Division which deal with the trafficking in human beings, each of them is specialised in a particular category of victim, i.e. women from Eastern Europe, Black Africa, Asia, or South America. The Guardia Civil has carried out several police actions against human trafficking, most notably: 1) the Service Guidelines 3/2000 of the Directorate General on the action to be taken against the trafficking in women and the prostitution of minors. These guidelines require frequent inspections to be made of clubs in all areas under the Guardia Civil s jurisdiction (especially rural ones), without waiting for accusations to be made or the suspicion of offences to arise. The aim is to dismantle rings trafficking in women, especially by encouraging victims to bring charges. During these inspections, female officials of the police units for women and minors interview prostitutes, inform them of their 4 The chapter on offences against workers rights comprises articles 311 to 318 of the Criminal Code and covers various types of crime connected with illegal activities in the field of work and employment. 4 rights and explain how they can take action against their exploiters. In this case, exploited women can benefit from article 55 of Law 4/2000 and the Law on witness protection; 2) Since the beginning of 2001, units must inform of any establishment in their jurisdiction where prostitution takes place. The number of rooms and reserved areas, as well as the number of women working in such establishments, either Spanish or foreign, must be estimated. As regards victims, article 55 of Law 4/2000 on Immigration provides benefits for the victims of trafficking who decide to give evidence against criminal organisations. Victims who agree to do so avoid expulsion and prosecution for illegal residence in the country. The article also allows victims to choose between returning to their country of origin and obtaining a residence permit in Spain and/or a work l permit. Law 4/2000 on Immigration also gives the victims of traffickers eligibility for the country s witness protection programme instituted by Law 19/1994 of 23 December 1994, which provides various measures to protect witnesses. The personal data of victims may not be disclosed and procedures are laid down to prevent visual identification of victims. Article 3 of the law establishes that the police, district attorneys and judges must ensure that no pictures or images of protected witnesses are taken: any such material must be confiscated. The district attorney may ask for police protection for the victim throughout legal proceedings against traffickers should serious danger for the victim exist. Exceptionally, the victim may be issued with new identity documents and given economic assistance to change address or job. The witness may also request to be driven to court in an official vehicle and to be secluded in a reserved area with suitable protection. 3 AVAILABLE OFFICIAL AND CONFIDENTIAL SECONDARY SOURCES 3.1 Trafficking in human beings for the purpose of sexual exploitation Information on the sources of data on the phenomenon a) Sources of data on trafficking in human beings for the purpose of sexual exploitation Spain has one official database on the specific offence of trafficking in human beings for the purpose of sexual exploitation (i.e., coercion into prostitution - article 188 of the Criminal Code). This database is maintained by the Ministerio del Interior and stores investigative information relating to each chapter of the Criminal Code. The information contained in this database originates from the data collection forms compiled by the police forces (the Cuerpo Nacional de Policía and the Guardia Civil) when they become aware of a case of human trafficking, either because a report has been made or through their own actions (see Annex 1). The data concern cases known to the police (see Annex 2) and the persons arrested prior to their committal to trial (see Annex 3, Tables 5-13). The variables collected in relation to the offence are: date, time, place, kind, classification of the offence (misdemeanour, felony, etc.), execution (attempted or committed), the means used to commit the offence (firearm, physical violence, psychological violence, intimidation, etc.), and modus operandi. Other data are collected by the two Police units with competence on the human trafficking for the purpose of sexual exploitation. These data are processed separately by each department with information arising from concluded investigations. The result is two different databases, with no co-ordination between them and no common basis. It was therefore not possible to compare the data obtained by these means and to conduct combined analysis. However, the following brief description of the activities of the two Police units is possible. 1. Cuerpo Nacional de Policía - Foreigners and Documentation Division. The Foreigners and Documentation Division of the National Police is responsible for investigation of trafficking in human beings. The Division is organised into various investigative units, each specialised in a particular category of victim, i.e. women from Eastern Europe, Black Africa, Asia. or South America. The Division uses the data collected during its investigations to compile a brief annual report on criminal offences such as coercion into prostitution (article 188 of the Criminal Code), offences against workers' rights (which comprehend article of the Criminal Code), offences against the rights of foreign citizens (under article 318 bis of the Criminal Code), false documentation, and the falsification of residence permits. These data are therefore gathered when investigations have been completed, and they divide between (a) the number of rings identified and (b) the number of arrests made (see Annex 3, Table 14). 5 2. Guardia Civil EMUME Central. As said, the EMUME Central in the Guardia Civil is responsible, albeit not exclusively, for the investigation of human trafficking offences. Complete quantitative or qualitative analysis of the Guardia Civil data is forthcoming from research studies and solved cases. Moreover, since 1999 annual reports have been produced, on request by EUROPOL, which contains data on the sex, age and nationality of offenders and their victims, as well as qualitative data on rings, their modus operandi and contacts in Spain. These data refer to already completed investigations (see Annex 3, Table 15 and Annex 4, Tables 22-25). As regards judicial activity, the Ministry of Justice has a database, but it is of no use for analysis because it does not indicate offences separately. b) Sources of data on other offences to which courts can refer in punishing trafficking in human beings for the purpose of sexual exploitation Offence 1 - article 318 bis: Offences against the rights of foreign citizens (since 2000) The data on this offence are also stored in the Ministerio del Interior database. The relative information has been collected since 2000, the year when article 318 bis was introduced into the Criminal Code. The variables on which data are collected with regard to the offence are those contained in the information recording form attached hereto in Annex 1. Offence 2 - article 313-1: Traffic in the labour market The data available with reference to article are also those collected by the Ministerio del Interior. However, this database groups together all criminal offences included under the chapter Offences against Workers' Rights (articles Criminal Code), so that it is impossible to obtain disaggregated data with reference to article alone. It should nonetheless be noted that the majority of the offences committed under the above-mentioned chapter of the criminal code relate to illegal rings trafficking in persons for labour exploitation. The variables collected on this offence are those contained in the information recording form attached hereto in Annex 1. b) Sources of data on indirect indicators of human trafficking for the purpose of sexual exploitation A useful indicator of the human trafficking for the purpose of sexual exploitation is the criminal offence of illegal detention and kidnapping. Most organisations engaged in trafficking for sexual exploitation illegally kidnap and detain their victims until they redeem their debts with the organisation. In Spain, however, the offence which probably gives the best measure of the overall phenomenon is coercion into prostitution (article 188 of the Criminal Code). Other offences that may help in the detection of trafficking are fraud committed to obtain a residence permit and falsification of documentation (forgery - article 390 of the Criminal Code). The only figures available on fraud or falsification are
Related Search
Similar documents
View more...
We Need Your Support
Thank you for visiting our website and your interest in our free products and services. We are nonprofit website to share and download documents. To the running of this website, we need your help to support us.

Thanks to everyone for your continued support.

No, Thanks