TEMPLATE POLICY PAGE

Category: Prostitution and Trafficking for Sexual Exploitation

Country:

Year: /

Main policy Project Management Team for Planning the Policy against page: (PMT-PPC)

In the context of its mission, PMT -PPC submitted to the political leadership of the Ministry of Public Order a number of suggestions for an integrated policy to protect the victims of criminal actions. The operational leadership of the Ministry approved the proposals put forward and an Information Manual was drafted to provide aid to the victims of criminal actions.

This Manual, which is for Internal use only and was transmitted with order to all General Police Addresses and Police, includes a detailed presentation of the obligations and the possibilities of actions of police officers dealing with the following kind of cases:  against minors  Crimes against sexual freedom  Crimes related to violence within the family  Crimes against life and physical integrity  Financial and sexual abuse of human beings.

Furthermore, an annex is included with the Manual with useful information on how to further guide and handle those victims, orienting them to the competent institutions (including NGOs) so that they can receive further help and protection, as provided by the law.

Task Force for Combating (O.K.E.A)

he Anti- Trafficking Team (ATT) was set up in April 2001 by the Ministry of Public Order, in order to fight human trafficking for reasons of sexual exploitation.

ATT operates under the supervision of the Chief of the Force who also chairs the meetings. Experienced officials of the Hellenic Police Force, a representative of the General Secretariat for Gender Equality and of the lnternational Organization of Migration (IOM), social scientists and representatives of competent Ministries (of Health, Labour, Interior, Administration and Decentralization) are also members of this Team.

This particular initiative was born from the need to draw up and implement a national strategy to efficiently prevent and combat trafficking, whereas it has been included in the broader framework of modernizing the Hellenic Police Force modus operandi. By setting up the Anti- Trafficking Team, the Ministry of Public Order basically aimed at providing the institutional framework for a special, coordination body which would not 4nly draw up the policy to deal with trafficking, but which would also determine practices and propose concrete measures, thus, contributing in a decisive way to the dismantling of networks responsible for trafficking and exploiting women and children at the national and international scale.

ATT has set as its main task to achieve this objective and therefore, has proceeded to drawing up and proposing a legislative framework for the prevention and crack down of crimes related to human trafficking. This task was successfully completed later on, with the introduction of the respective bill of law. %% has set among its main goals for the future firstly, to undertake more actions and initiatives, secondly, to enlarge and strengthen cooperation with all parties involved and thirdly, to identify and provide aid to as many victims as possible.

According to ATT proposals was worked out the Law 3064/2002, who constitutes a pioneering and at the same time effective tool for the fighting of phenomenon. Ln April 2005, in the frame of next turnover, ATT decided the syntax of Report on Human Trafficking, which will include the action that was developed and the collaborations that were achieved with competent institutions, on subjects of confrontation and fighting of human trafficking, as well as benefit of aid and protection at its victims, at years 2003-2005, per Ministry. Today ATT is in the stage of treatment of Report and in a short time will complete its work.

The Hellenic Police Force aiming at the reduction of problem, applies concrete Strategy and plans of action, in which they are included:

‘’Strategy of the Hellenic Police in Combating Trafficking in Human Beings”

The coping with the phenomenon of THB that aims at sexual exploitation has become an issue of first priority for Hellenic Police through a procedure of main aims, training and increasing activity of police personnel. For this purpose there are a number of actions that have been undertaken. Specific orders have been given to the Police Divisions all over the country.

Anti-trafficking Services

Following a decision by the Hellenic Police Force Headquarters, in order to better fight trafficking, ant trafficking squads are operating both at the central and at the regional level. 1none hand, the anti-trafficking team at the Public Security Division has been handling this issue centrally since September 2002. The task of this team is to handle human trafficking issues and guide regional operational services. In the specialized Vice Departments of the and Thessalonica Security Divisions, the anti-trafficking teams have been operating since 1-11- 2003, properly manned and equipped. As of 29/12/2005 and following the evaluation of these teams, similar squads have been set up and are currently running under 12 Police Division in the entire territory: P.D of , P.D of Achaia, P.D of Herakleion, P.D of , P.D of , P.D of , P.D of , P. of the , P.D 4f , P.D of , P.D of Rodopi and P.D of Fthiotida. Furthermore, the Presidential Decree 48/13-3-2006 (art.1 sect.10) provides the creation of Deparments for Fighting Human Trafficking at the Attica and Thessalonica Police Divisions, constituting the 3rd Department of the Sub- Division dealing with Organized CFme.

Training The Police Academy now includes the issue of trafficking in its curriculum in all levels of education (cadet academies and officers' continuing training courses). University professors of various disciplines, members of the 1I* division, Police Headquarters and operations division officers teach the courses. International cooperation The Greek Police force is actively working with various international organizations, specifically with the EU, the United Nations, , , SECI and others, 4n this issue. Operations "Mirage 2002" and "Mirage 2003" were specifically held within the framework of the Southeast European Cooperative lnitiative (SECI).

• "Mirage 2002": This operation was held between Sept. 7 and Sept. 16,2002, with SECI later announcing the following results: o A total of 20,558 inspections were made o A total of 1,738 women were queried o A total of237 women were identified as victim

• "Mirage 2003": The operation was repeated in September 2003 in two phases (Sep.I-5/2003 and Sep.15-19/2oo3). According to data announced by SECI, the Operation Mirage 2003 achieved the following results: o A total of 20,629 inspections had been conducted 11,170 women had been subjected to control o 463 women had been identified as "victims" o 2,175 cases in which administrative measures had been applied (fees, temporary imprisonment, etc.) o 595 individuals had been identified as traffickers (organizations, which regularly recruit, transport and exploit women). o 319 cases for which criminal procedures had been undertaken. o 207 traffickers had been charged.

• "Mirage 2004": The Operation Mirage 2004 was repeated in June 2004 yielding important results: - 601 women had been identified as "victims" - 545 persons had been identified as traffickers - 302 traffickers had been charged. This data is cumulative and concerns all participating countries.

• Operation "Lida" During the Greek *O Presidency (Jan-June 2003) a joint operation, code-named "Lida", was held with very positive results. Specifically, 134 investigations were carried out, with 110 suspected traffickers identified, of which 38 were arrested. Greece was responsible for coordinating the operation, while the evaluation process was conducted with the support of Europol. *O Member-states that participated in the operation included Greece, Italy, and Portugal, whereas participating SECI Member States included , Bosnia-Herzegovina, Croatia, Bulgaria, Romania, the Former Yugoslav of (FYROM), Moldova, Hungary, Slovenia and Serbia-Montenegro.

Plan of Operational – Inter-Service Action “ILAEIRA” The Ministry of Public Order and the Hellenic Police Headquarters considered that it was necessary to implement an organized operational action, named ILAEIRA, aiming at the suppression and combating of women and child trafficking for the purposes of exploiting sexual life.

Its objective is the substantial, coordinated and effective action of all agencies involved, as their piecemeal activity is not sufficient for the suppression of such an international phenomenon.

The official commencement of such action took place on 7/12/2006 in in the presence of the Vice-President of the European Committee on Justice and Internal Affairs issues, Mr. Franco FRATTINI, as an official guest, and the whole effort was set under his auspices.

ILAEIRA plan is developed at two levels, National and International- Transnational and involves four (4) implementation phases.

The plan, acting at preventive and suppressive level, is developed on the basis of two (2) parameters: The 1st Parameter concerns the Operational (Police- Judicial) action for the combating of organized networks with international character and for victims’ liberation. The 2nd Parameter concerns the provision of assistance and protection to victims, as a result of the action that will be developed under the first parameter.

Apart from our Country, 21 more European countries participate in ILAEIRA action, EU member-states and third countries (Portugal, Turkey, Italy, Albania, Cyprus, Bosnia-Herzegovina, Hungary, Moldova, FYROM, Austria, Serbia, Germany, Slovenia, Russia, Ukraine, French, Croatia, Montenegro, Finland, Bulgaria and Romania) and 4 International Organizations (Europol, Interpol, Eurojust, Frontex).

At the national level, a chart exercise took place in Komotini on 16- 17/4/2007 with the participation of all involved agencies and at the international level two meetings took place in Athens on 7-8/12/2006 and 30-31/5/2007 with the participation of experts from the countries involved, in order to work on a document, which shall consist the Plan for the Transnational Collaboration of Police-Judicial Authorities, for cohesive action.

In the framework of the decision for the carrying out of the annual experts meeting, has been decided the third meeting to take place, on 17-18/9/2009, to .

• Cooperation between Police commands- Border Regions Regular bilatera1 contacts with police authorities of Albania, FYROM and Bulgaria are held in order to fight cross-border crime. These consultations aim at better coordinating passport control, surveillance of non-policed sections of borders, dealing with , and combating the illegal smuggling of narcotics, people, weapons etc.

Participation in international meetings The Hellenic Police Force is represented by its competent Police Officers and thus, is able to follow closely a lot of meetings held in the context of the , the United Nations Organization, Europol, Interpol, SECI, the Initiative for the Adriatic and the , the BSCI etc. Moreover, the Hellenic Police Force takes art in a lot of seminars and conferences both domestic and abroad.

• Information Exchange (Interpol, Europol, SECI) ln order to fight organized crime and any form of crime in general, the Hellenic Police Force has been exchanging information with Europol, lnterpol, SECI as well as with *O member states and third countries, thanks to its bilateral relations that have led to the signing of police cooperation agreements. lR addition to that, the Hellenic Police Force has been cooperating with ltaly, Bulgaria, Cyprus, Turkey, Albania, Russia, Ukraine, FUROM, Croatia, Bosnia-Herzegovina, Serbia- Montenegro, Romania and Lebanon, by placing police focal points in those countries.

Cooperation with jointly competent bodies -Ministries, Agencies, Institutions, NGOs, IMO, Embassies etc The SerSices of the Hellenic Police Force dealing with trafficking matters have been cooperating with many foreign embassies in our country in order to best provide help and protection to victims who are nationals of those countries. The foreign authority is informed, in the first place, on the involvement of their nationals in each case and then, after the decision by the competent Public Prosecutor, the Police Authorities transport the victims to the embassies which take all the necessary measures for their repatriation. Furthermore, the Hellenic Police Force also cooperates with the General Secretariat for Gender Equality, the General Secretariat for Health and Social Solidarity and with NGOs on issues related to the help and protection offered to the victims as well as with the lnternational Migration Organization on the victims' safe repatriation.

The application of modern inquiring techniques, Protection of witnesses, application of beneficial provisions on the victims, checked transports, etc. The research of in-depth affairs and fight against criminal networks with parallel research for money laundering and attachment of financial elements that emanates from their criminal activity. The Head of the Hellenic Police Force has transmitted Circular Order in all SerSices for the facilitation of handling of human trafficking affairs. It is also reported the collaboration of the SerSices with members of NGOs of special specialities of psychologists-sociologists, according to the provisions of Penal Procedure concerning the victims protection and assistance.

The creation of suitable conditions, so as the victims overcome their fear, feel sure and report the crime. An Information Bulletin was transmitted to all SerSices of the Hellenic Police Force, with useful information regarding the rights of victims, translated in(13) foreigner languages (English, Albanian, Arabic, Bulgarian, French, German, Spanish, Italian, Polish, Rumanian, Russian, Serbian and Turkish). The information bulletin is given to trafficking victims, so as they feel sure and entrust the police officers. In December 2004, the Greek Police Force sent a document to all serSices, with specialized questions, in order 10 facilitate preliminary examination during the investigation of human trafficking cases, so as the officers to screen a person as victim and assemble information that can afterwards be used in the frame of penal process.

Cooperation with foreign embassies / competent organizations (Ministries, NGOs, I"#, Foreign Embassies in Greece, etc)

The Hellenic Police Services, dealing with THB cases, cooperate with foreign Embassies in our country on matters concerning assistance to their national victim in these cases. This cooperation begins with a notice to the Foreign authority about the involvement of their nationals. Then, after criminal proceedings are instituted against the perpetrators and after the attribution of the status of a victim by the competent public prosecutor, the Police Agencies transfer to their Embassies the victims that express such a wish, and the Embassies provide for their repatriation. The Hellenic Police Agencies also cooperate, through the Secretariat General for Gender Equality with various NGOs on matters of assistance for the victims, as well as with the National Organization for Migration for their repatriation.

Establishment of a coordinating committee against the illicit trafficking in human beings. In May 2004, the Ministry of Justice took the initiative to form a special interministerial Committee, comprised of the Secretaries General of all competent Ministries (Ministry of Justice, Ministry of the Interior, Public Administration and Decentralization, Secretary General of Gender Equality, Ministry of Economy and Finance, Ministry of Foreign Affairs, Ministry of National Education and Religious Affairs, Ministry of Employment and Social Protection, Ministry of Health and Welfare, Ministry of Public Order) with the purpose to coordinate the implementation of all legal provisions against human trafficking and to submit further legislative proposals or other relative measures.

In August 2004, the Committee gave Press interview in Zappeio Palace, presenting its action that is based on the co-ordination of competent Ministries in a booklet with the name ''Actions against human trafficking". This Committee covers the whole range of actions regarding illegal trafficking, and especially the definition of the victim, the protection and the legal assistance to the victim, training of judges, prosecutors and the police, informing the public, cooperation with NGOs, etc.

In November 2005 was signed a Memorandum of Collaboration between the members of the Committee, twelve (12) NGOs and I;< in order to fight human trafficking and protect the victims of trafficking is an integrated National Action Plan, and covers the entire spectrum of activities connected to human trafficking. In particular: Monitoring the phenomenon - locating the victim Identifying and protecting the victim Establishment of shelters where the victims are provided with medical and psychological support, as well as le al assistance  Administrative support - issuing a residence permit which is also valid as a work permit  Voluntary repatriation, financed by reinstatement programs  Education and integration into the labor market, for victims who remain in Greece  Training of the Police force, Judges and Public Prosecutors  Providing information and raising public awareness  Establishment of a national data base for monitoring purposes.

Relevant A major and accomplished legal framework has entered into force since legislation: 2002, within the framework of international conventions and other EU initiatives in order to combat all forms of human trafficking and the exploitation of sexual life of vulnerable groups of population, such as women, immigrants and minors.

Law 3064/2002 (Official Gazette, issue A248/2002) on "Combating trafficking in human beings, crimes against sexual freedom, child pornography and more generally on economic exploitation of sexual life and assistance to the victims thereof’.

In order to confront these heinous criminal activities more effectively and ensure sufficient and comprehensive assistance to the victims, the Greek parliament passed the anti-trafficking law, revising the existing law concerning prostitution in October 2002 (law 3064), and imposing heavy prison sentences for THB (article 323a), child pornography (article 348a), forced prostitution of adults and minors under 10 years old (article 351 a) and trafficking of organs. Moreover, the same Law establishes - for the first time in Greece - the necessary legal framework for providing protection and assistance to the victims of the aforementioned criminal deeds: by virtue of the said Law, a Presidential Decree (P.D.) was signed on August 26,2003, and published in the official gazette (P.D. 233/2003, official gazette issue  204/2003) on the Protection and assistance to the victims of crimes provided for in articles 323+, 349, 351 and 351+ of the Penal Code, in conformity with article 12 of Law 3064/2002.

According to the provisions of the P.D. :

 As victims of the crimes provided for in articles 323, 323A, 349, 351 and 351A of the Penal Code are defined those persons, Greek citizens or foreigners, that have suffered directly a prejudice on their physical integrity or their personal or sexual freedom or when these or their life are in serious jeopardy.

 For the purposes of the P.D. all State Agencies, as well as those of the wider public sector and of local self-government bodies that can provide protection and assistance, are considered to be "Agencies or Units for the Provision of Protection and Assistance".

 If the victims have had recourse to the Agencies or Units for the Provision of Protection and Assistance, they are given protection and assistance regardless of whether prosecution has already started against the unlawful deeds provided for in the above mentioned articles.

 Protection is provided as 10ng as there is still a risk against life, physical integrity, personal and sexual freedom, whereas the provision of assistance lasts for as 10ng as it is deemed indispensable by the Agencies and Units for the Provision of Protection and Assistance.

 For the purpose of providing protection and assistance, the Agencies or Units in question are entitled to conclude the appropriate contracts with non-profit bodies corporate, either of public or private law, as well with non-governmental organizations active in this field.

 The security of the victims as well as the security of the places where they 1ive is ensured by the appropriate measures.

LAW 3386 In August 2005, the Law 3386 which concerns the entry, the stay and social accession of third citizens in the Hellenic Dominion was set into force. According to the provision a reflection period up to a month is provided to the victims of THB by the competent prosecuting authorities. If the victims is characterized a stay permit which is also a work permit, may be provided.

Amendments: Law related to prostitution

According to provisions of law 2734/1999 “Law related to prostitution”, each and everyone who wants to act as prostitute in Greek territory has to take a special licence from the competent authorities, not only for His/Her own but also for the place in which the act of prostitution will take place, otherwise the act is illegal and punishable as misdemeanour. The above mentioned law was amended by the 3904/2010, and according to this amendment the act of unlicensed prostitution in Greek territory is punishable as petty offence, except for the case that prostitute acts without the health examinations, which remains a misdemeanour.

THB for sexual exploitation

The trafficking of people with the purpose of sexual exploitation remains the “dominant image” of this heinous , which remains a transit, destination and a very limited source country for victims subjected to sex trafficking.

This fact is confirmed by comparing sexual exploitation with other forms of exploitation.

Perpetrators by taking the advantage of vulnerable situation of victims, through false promises manage to persuade and finally to gain their contest so as to travel in Greece.

By arriving in Greece perpetrators reveal to victims their real intentions, and via a variety of means (use of physical and psychological suppression and threats toward them or to members of their families, taking of IDs – passports, create of debt bondage or even by making victims “their partners” in the whole procedure of exploitation “this is what we call COLLUSION CONTROL”) force them to prostitute in various places (street prostitution, night clubs, studio massage, call girls etc).

Perpetrators try to legalise staying of victims in Greece through forged documents and in some cases via false marriage with Greek citizens so as victims to gain the right to apply for resident permission as “husband of Greek citizen.”

In the majority of cases perpetrators were activated on their on (lover boy). For example the year 2012, out of 37 sexual exploitation cases that Hellenic Police had investigated, 10 of them were under the umbrella of OCG which means many perpetrators with separate roles and activated over a period of time.

The majority of victims for sexual exploitation in Greece according to the evidence of the detected cases are from: Romania, Bulgaria, Albania, Russia, Ukraine, Moldova etc. and are between 20-30 year of age. The last few years, Nigerian women have also been trafficked to Greece for the purpose of their sexual exploitation.

 Amendments in the “Legal Framework”

Law 3064/2002 (Official Gazette, issue 248/2002) on "Combating trafficking in human beings, crimes against sexual freedom, child pornography and more generally on economic exploitation of sexual life and assistance to the victims thereof”, and Presidantial Degree (P.D. 233/2003, official gazette issue _ 204/2003) on the “Protection and assistance to the victims”, remain the primary legal base related to THB.

“United Nations Convention against Transnational Organized Crime”

Greece with the Law 3875/2010 has ratified (and entered into force) the “United Nations Convention against Transnational Organized Crime and its supplementary protocols one of which has to do with combating the trafficking of people with the purpose of exploitation”

“Directive of the European Parliament and of the council 2011/36/eu on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA”

According to the above mentioned Directive, EU recognises the THB as a heinous crime which entails violation of human dignity and calls for coordinated and cooperated actions among all relevant authorities.

Through this Directive, EU tries to harmonise the legal frameworks of members states and to ensure severe convictions for perpetrators and effective support, protection and assistance to victims.

Greece with the Law 4198/2013 has ratified and entered into force in the legal framework the above mentioned Directive and has complied with its provisions. The most worth mentioning are: 1) non - prosecution of victims (for crimes that they had committed as victims, for example using of forged documents), 2) being recognized as “victims of THB”, regardless of their willing to cooperate with Police Authorities, 3) liability of legal persons and sanctions on legal persons.

“Council of Europe Convention on Action against trafficking in Human Beings”

By the Law 4216/2013, Greece has ratified the above mentioned “Action”. The main purpose of this “Action” is prevention of THB while guarantee gender equality, promote of protection and assistance to victims as well as ensure effective investigation and finally promote of international cooperation.

Law 4251/2014 “Immigration and social integration Code” as replacement – amendment of LAW “3386/05 on the Entry, Residence and Social Integration of Third-country Nationals in the Hellenic Territory”

In August 2005, the Law 3386 was set into force. Provisions of this Law designated the meaning of victims of THB and the procedure through which a person is recognized as victim of THB by competent prosecuting authorities. By the 1rst of April of 2014 this Law has been replaced by the Law 4251/2014 “Immigration and social integration Code”.

Trends: 2005

Cases of human trafficking examined = 60 (59 cases of sexual and financial abuse and 1 case of labour exploitation),

Number of victims identified = 137 (inc men, women and minors)

Number of prosecutions = 202 (Greek and foreign perpetrators)

57 victims received aid and protection by the State’s Help and Protection Institutions as well as by Non-Governmental Organizations. 20 victims saw their expulsion procedure suspended following a relative order by the competent Public Prosecutor, according to article 12 of the Law 3064/02.

The Services of the Hellenic Police Force cooperated with the following bodies:  Foreign Diplomatic Authorities in our Country (Embassies, Consulates) in 32 cases for the provision of help and protection to victims of respective nationalities.  International Organization of Migration in 12 cases for a safe repatriation of the victims.  Services and Units for help and protection to the victims (Aghia Varvara) as well as various NGOs (Centre for Support of Victims of Abuse, Scale, Solidarity, Hellenic Network of Women of Europe) through the General Secretariat for Gender Equality and the General Secretariat for Health and Social Solidarity in 19 cases.

It is noted that the majority of the victims were legally residing in our country and that is why they stated to the competent Services that they do not wish to be appointed under the protection of the State, whereas most of them have already departed for their countries with a small number of them still remaining in Greece.

2006 (first semester)

Cases of human trafficking examined = 42

Number of victims identified = 48 (inc men, women and minors)

Number of prosecutions = 95 (Greek and foreign perpetrators)

27 victims received aid and protection by the State’s Help and Protection Institutions as well as by Non-Governmental Organizations. 23 victims saw their expulsion procedure suspended following a relative order by the competent Public Prosecutor, according to the relative articles of the Law 3064/02. a. The Services of the Hellenic Police Force cooperated with the following bodies:  International Organization of Migration in 12 cases for a safe repatriation of the victims.  Services and Units for help and protection to the victims, as well as various NGOs under the co-ordination of National Centre of Social Solidarity (EKKA - 197) of the Ministry of Health and Social Solidarity in 26 cases.

It is noted that the majority of the victims were legally residing in Greece and that is why they stated to the competent Services that they do not wish to be appointed under the protection of the State, whereas most of them have already departed for their countries with a small number of them still remaining in Greece.

b. The Department of Foreigners and Immigration of the Ministry of Interior, Administration and Decentralization, notified to the Anti- trafficking Team that at the first semester of 2006, 24 authorisations of stay of single type were published and renewed to the victims of human trafficking.

Contacts: National organisations

1) ARSIS, Social Organization for the Support to the Youth. www.arsis.gr

2) Solidarity. www.solidarity.gr

3) Rehabilitation Centre for the Rehabilitation of Torture Victims and other forms of abuse. www.crtv.gr

4) Research and Support Center for Victims of Maltreatment and Social Exclusion (C.V.M.E.). email : [email protected]

5) International Police Association. www.poepls.gr

6) Human Rights Defence Centre (KEPAD). www.kepad.gr

7) Greek Council for Refugees (GCR). www.gcr.gr

8) Klimaka (Scale). www.klimaka.org.gr

9) European Women’s Lobby (Greek branch). www.enow.gr

10) CARE (International Association for the Support of Family) email: [email protected]

11) Centre of Research and Action on Peace –STOP NOW (KEDE). Email: [email protected],

12) The Child’s Smile www.hamegelo.gr

Completed template to be sent to the EUCPN Secretariat at [email protected].