period; therefore, remained on Tier 1. The government SPAIN demonstrated serious and sustained efforts through increased prosecutions of traffickers, including the first prosecutions of defendants who allegedly forced victims to commit crimes. Authorities cooperated extensively with multinational law enforcement efforts, trained more police and judicial officials, and strengthened collaboration with NGOs in victim identification and assistance. Although the government meets the minimum standards, it convicted fewer traffickers, initiated fewer investigations, and identified fewer labor trafficking victims than in the prior reporting period.

RECOMMENDATIONS FOR SPAIN Increase prosecutions and convictions of trafficking offenses, particularly for forced labor; increase training on proactive victim identification, in particular among women in , irregular migrants, unaccompanied minors, and workers in industries and agricultural regions with high incidences of labor exploitation; increase efforts to reduce demand for forced labor, including in supply chains and government procurement; train all prosecutors and judges, not just those specializing in trafficking cases, on a victim-centered approach to law enforcement; extend protections for all victims under the 2015 Law of the Statute of Victims of Crime, including through increased training for judges; increase witness protection resources available to victims; continue improvements in police training at both national and provincial levels, including increased focus on effective and accurate interviewing standards of victims; further strengthen levels of cooperation between NGOs and law enforcement officials at both national and regional levels; continue implementation of the national plan, adding benchmarks and indicators of progress; provide victims with access to compensation, including from assets seized from traffickers.

PROSECUTION The government maintained law enforcement efforts. Article 177 bis of the criminalizes forced labor or begging, sexual exploitation and organ removal by means of force, fraud or coercion. In keeping with international law, reliance on means of force, fraud or coercion is not necessary to prove a crime of trafficking when the victim is a child. The law prescribes penalties from five to eight years imprisonment, with enhanced penalties of up to 12 years in certain circumstances, including when the trafficker is a public official or part of a criminal conspiracy. These penalties are sufficiently stringent and generally commensurate with the prescribed penalties for other serious crimes. Trafficking for purposes of the commission of crimes is expressly prohibited in the criminal code. The Office of the Prosecutor reported investigating 272 cases for sexual or labor trafficking in 2016, compared to 344 cases in 2015 and SPAIN: TIER 1 293 cases in 2014. The government initiated prosecutions of 54 The fully meets the minimum standards defendants (37 for and 17 for labor trafficking) in for the elimination of trafficking. The government continued to 2016, compared with 45 in 2015 (30 and 15, respectively). For the first time the government prosecuted four defendants under demonstrate serious and sustained efforts during the reporting 1 SPAIN Health, Social Services andEquality, collaborating with NGOs, to legal,medical, andpsychological services. TheMinistryof victims. NGOsprovided victims temporaryshelterandaccess multipurpose NGO-runshelters were available foradult male trafficking shelters—allNGO-run—to assistchildvictims. Two were specializedcentersforchildvictimsofcrimeandseven national and local governments and private sources. There NGO network runningfacilities, whichreceived funding from to traffickingvictims, andalsoreferredsomevictimstoan assistance, socialwelfare benefits, andfundsforrepatriation to victims. Thegovernment provided freehealth care, legal million ($2.1million)forNGOsproviding servicesandshelter protection andsupport of trafficking victims, including €2 the prioryear, allocating€4.9million($5.2million)forthe The government maintained funding levels equal to those of have beenpresent. in inspections of and at locations where victims may referral ofvictimsforassistance, includingNGOparticipation cooperation withlaw enforcementintheidentificationand protocol developed with NGO input. NGOs reported good Since 2013, thegovernment hasusedavictimidentification of laborexploitation,whomay alsobetraffickingvictims. identified 274 victims of sexual exploitation and 207 victims identified inthefirstsixmonthsof 2015. Authoritiesalso with 65sextraffickingvictimsand 104 labortraffickingvictims of labortraffickinginthefirstsixmonths of 2016, compared reported identifying 73 victims of sex trafficking and 12 victims The government maintained protection efforts. Authorities PROTECTION training for consular and immigration officials. .Thegovernment continuedanti-trafficking Rapporteur recommendedincreasedtrainingforjudgeson protections by judges, andalongwiththeOfficeofNational for judges. NGOsnotedinconsistentapplicationofvictim included sessionsontraffickingfortheannualrequiredtraining civil servants andsocialworkers inruralareas. Thegovernment identification, allnewprosecutorsontraffickingissues, and600 government trained300 newcivilguard officersonvictim officials developed withinputfromNGOs. In 2016, the provided specialized trainingontraffickingtolaw enforcement ring and assisted 21 Nigerian female victims. The government which national police detained 24members ofasex trafficking transnational investigations, including one 2016 operation in in humantraffickingoffenses. Authorities collaboratedwith prosecutions, orconvictionsofgovernment officialscomplicit The government did not report any newinvestigations, separate sentences on multiple criminal offenses. sentence beforebeingeligibleforparole, and courtsmay impose . Traffickers serve an average of75percenttheir 34.5 and36years, respectively, forlaborexploitationoffour for victimcompensation. Two traffickersreceived sentences of of Nigerianwomen, plusafineof€100,000 ($105,370) used to 10 and13.5years inprison,respectively, forsextrafficking to beprovided tothevictims. Acourtsentencedtwo traffickers leader ofasextraffickingring,plusfine€80,000($84,300) sentencing data, examples included a 34-year sentence for the While the government did not provide comprehensive labor trafficking in 2015. compared with 58 convictions for sex trafficking and two for were forsextraffickingandtwo forlabortrafficking,adecrease of crimes. Courtsconvicted24traffickersin 2016, ofwhich22 article 177bisfortraffickingthepurposeofcommission trainings, law enforcementpersonnelinsome provinces didnot use ofNGOtrainersandmaterialsinvictimidentification NGOs notedwhilepolicetrainingimproved withincreased in caseswherethecourtallowed releaseofwitnessnames. fewer victims were willing to testify against criminal networks Witness Protectiontoprovide adequateassistancetovictims, as testimony in all cases and increased resources to the Office of reform tobetterprotectwitnesses, includingpermittingvideo were rarelyusedforvictimcompensation.NGOscalledlegal or to assist victims, although NGOs reported that seized assets defendants supportedafundusedtofightorprevent trafficking on resourcesavailable tothem.Assetsseizedfromconvicted to betterassistvictimsandprovide informationtovictims Police inCataloniaoftenaskedNGOstojoininvestigations had notyet reportedonimplementationoftheseprovisions. victims receive updatesonthestatusofcases. Thegovernment incarceration, parole, andrelease;aswell asrequiringthat to appealdecisionsmadeby courtofficialsregardingtermsof appeal the dismissal of cases against alleged traffickers; the ability protections tosextraffickingvictims, includingmoretimeto In 2015, thegovernment enactedlaws providing additional legal, training, housing, and job search tools. and their children, and covered social, psychological, medical, region 50 NGOs providing services, 164 shelters for victims in 12languages, alsoforuseby victims. Theguidelistedby continued toupdateanduseavictimresourceguide, available government continuedexpandedprevention effortsthrough Toward fulfillmentofobjectives inthe national plan,the of €104 million ($109.6 million)to the national plan. The government continuedamulti-year fundingcommitment indicators of progress and projected dates for achieving goals. supported thesepriorities, althoughnotedaneedtoadd and non-government stakeholders provided input, and NGOs and multi-sectoralcoordination.Awiderangeofgovernment and girls, identificationof andprovision ofservices tovictims, through 2018, with an increased focus on protection of women and otheragencies. Thegovernment extended thenationalplan reviews, andfacilitateddatasharingbetween law enforcement and Labor, setgoalsforfightingtrafficking,establishedquarterly of theInterior, andincludingtheMinistriesofHealth,Justice, anti-trafficking working group,operationallyled by theMinistry The government maintainedprevention efforts. The national PREVENTION of being subjectedto trafficking. prosecution forany unlawful actscommittedasadirectresult reform, approved inMarch2015, victimsareprotectedfrom cooperating with authorities. Under the 2012 penal code period andfacenodeadlineforclaimingsocialservicesor member states, however, arenotlimitedtothe90-day reflection many victims received thisbenefitin 2016. CitizensofEU enforcement—however, thegovernment didnotreporthow Union could recover while deciding whether to assist law days—time duringwhichvictimsfromoutsidetheEuropean government allowed forreflectionperiodsofaminimum 90 they were notparticipating inacriminalprosecution.The also receive assistance to return to their country of origin if regard towhethertheyassistedlaw enforcement.Victimscould or, in some cases, on the basis of their personal situation without up tofive years basedontheircooperationwithlaw enforcement Foreign victims couldrequest arenewable residencepermitfor required for interviewing and advising victims. have sufficientknowledge onthesensitivitiesandtechniques public awareness campaigns, including a television series, traditional media, digital media, and social media that reached up to two million people, with extensive press coverage. The government and NGOs operated hotlines for reporting suspected trafficking cases. While the government continued efforts to discourage newspapers from publishing classified ads for sexual services offered by individuals engaged in prostitution, of which NGOs estimated 90 percent may be trafficking victims, nearly all major newspapers, with one exception, continued to publish some ads. The government monitored victim assistance efforts, shared its assessments on trafficking with domestic and international organizations, and continued to publish data on the numbers of victims, accused traffickers, prosecutions, and convictions.

The government partnered with an international organization to discourage international and warned Spanish citizens they may be prosecuted under Spanish law for such acts committed overseas. The government’s efforts to reduce demand for forced labor included a nine percent increase in civil guard labor inspections. The government further increased cooperation with Romanian law enforcement officials to thwart labor trafficking rings, and supported public awareness campaigns in to inform workers of their employment rights in the EU. The Romanian embassy reported that labor trafficking of its citizens in Spain has decreased by more than 30 percent over the past 10 years. Spanish troops received anti-trafficking training prior to their deployment on international peacekeeping missions. The government provided anti-trafficking training for its diplomatic personnel and distributed guidance to all foreign diplomatic missions in on identification of trafficking victims.

TRAFFICKING PROFILE As reported over the past five years, Spain is a destination, source, and transit country for men, women, and children subjected to forced labor and sex trafficking. Women from Eastern Europe (particularly Romania and ), South America (particularly , , , and ), , and are subjected to sex trafficking in Spain. Men and women from South and East Asia, particularly China, are subjected to forced labor in the textile, agricultural, construction, industrial, and service sectors. Victims are recruited by false promises of employment in the service industry or agriculture and forced into prostitution and debt bondage upon their arrival to Spain. Traffickers also lure some victims from within Spain and the EU. Prostitution is allowed under certain conditions in Spain, although NGOs believe a large percentage of individuals in prostitution in Spain are trafficking victims. Many women in prostitution in Spain are held under the control of Nigerian, Romanian, and Spanish trafficking networks that operate out of major cities in Spain. However, victims are increasingly subjected to trafficking by individuals and smaller groups of traffickers, often in homes or apartments where detection and investigation are more difficult. Unaccompanied migrant children continue to be vulnerable to sex trafficking and forced begging.

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