Role of Independent national rapporteur, an evaluation of best practices and experiences - PowerPoint Presentation

Slide1

Role of Independent national rapporteur, an evaluation of best practices and experiences relating to Belgian policy in the field of human trafficking

Country

visit

Caritas 26 april 2017Slide2

Content of the presentation

1. Myria

2.

Victim

profiles/

statistics

3. Cases and best practices

4. Case

law

5. RecommandationsSlide3

MyriaSlide4

Myria

Independant

public body

Director

Board

3 missions:

Ensure

protection of

fundamental

rights

of migrants

Analysis

of migration

flows

Stimulate

fight

against

human

trafficking

and

smugglingSlide5

Myria

Independant

National Rapporteur (officially: September 2014, before: “de facto”)

Evaluation of policy

implementation

Not

coordinating: role of Interdepartmental coordination platform (

Centre

is a member): complementary

roleSlide6

Role of

Myria

in THB

To

stimulate the fight against THB

Main

tool: Annual evaluation report on the evolution and results of the fight against

THB/SM

Independent and public, submitted to the government /Parliament + actors in the field

Evaluation

(through

case study and interviews actors in the field)

Content:

Evolution of legislative and policy framework

analysis cases

Case law

Statistics

Focus

Experiences and best practices

R

ecommandationsSlide7

Role of

Myria

in THB

To stimulate the fight against THB

Legal proceedings

Secretariat of the Interdepartmental coordination unit for the fight against THB and smuggling

Ensure for good collaboration between 3 specialized centres for victims (database)Slide8

Victim

profiles/

statisticsSlide9

Number of new victimsSlide10

Gender and sector

of exploitation

(2015) Slide11

Sexual exploitation

Forced

prostitution (

physical

violence,

threaths

)

Criminal

groups

from

Eastern

Europe

Victims

bought

Minors

Debt

bondage (pays

debts

through

prostitution)

Asian

victims

(

Thai

massageparlours

)

Sham

marriages

Corruption

Criminal

organisation

Cultural

dependency

(

voodoo

→ Nigeria)

Exchanges programmes

through

Europe

Minors

International

criminal

organisations (Belgium, NL, Spain,

Sweden

)

Loverboys

victims

(

emotional

dependency

)

Belgian

or

foreigners

,

adults

and

minors

Recruitment

in country of

origin

or in Belgium

D

rugsSlide12

Labour exploitation

Undocumented

third

-country

nationals

C

arwash

Domestic

servitude

Cleaning

industry

Dependency

constructions

(

posted

workers

,

bogus

selfemployed

):

Construction

Agriculture

T

ransport

Debt

bondage

Restaurants

and

cafesSlide13

Other forms

Forced

begging

H

andicap

M

inor

Forced

criminality

Organised

theft

(

shoplifting

,

houses

)

D

rugsSlide14

Cases

and best practicesSlide15

Sexual

exploitationSlide16

Case: The Lobby 2010

(

annual

report 2013, 2015)

Perpetrators

and

victims

from

Tirgu

Jiu

(

Roumania

)

Minor Roma-

victims

of loverboys

recruited

by

facebook

Victims

and

loverboys

moved

to

Santarem

(Portugal)

for

job

agriculture

Forced

into

prostitution

by

violence

and

treaths

Victims

sold

in

portugal

: 2000 – 5000 euro

Moved

to

Belgium

and

Europe:

forced

prostitution

Start

investigation

:

complaints

and

info

neighbours

house

Observations

,

phonetap

, house search,

victim

declarations

International

collaboration

Belg-

Roum

-Portugal:

seizures

Conviction

human

trafficking

and

criminal

organisationSlide17

Case: The Lobby

Best

Practices

Quality

Investigation

: financial,

phonetap,internet

D

ifferent

victims

in

victim

status THB

10

perpetrators

convicted

,

also

leaders country

origin

Confiscation

512.000

euro

3

victims

civil

party in trial

Moral

and

material

compensation

victims

with

a part of

confiscation

1

victim

: 5000 (

moral

)

and

25.000 (

material

)

compensation

2

victims

: 5000 (

moral

)

compensationSlide18

Case: Massage

Parlour

(

annual

report 2011, 2013, 2016

)

Thais

travel

agency

organises

sham

marriage

Bribery

personnel

airport

for

illegal

entry Thai

victims

Debt

bondage:

victims

must

pay

15.000 euro

for

documents

and

plane

Victims

sold

for

3000 euro

to

aged

Belgian

male partners

for

marriage

False

documents

for

marriage

prepared

in

embassy

by

adhoc

collaborator

Victims

brought

to

massage

parlours

to

pay

off

their

smuggling

debts

Investigation

phone

tap:

victims

ordered

for

prostitutionwork

in

many

countriesSlide19

Case: Massage

Parlour

Good

Practices

Investigation

: internet, financial,

phonetap

Conviction

HT

and

smuggling

,

Moneylaundering

,

confiscation

Material

and

moral

compensation

with

a part of

confiscation

Bad

experience

Rogatory

commission

between

Belgium

and

Thailand: no

succes

Main

defendant

in Thailand

could

not

be

arrestedSlide20

Labour exploitationSlide21

Case

construction

(

annual

report 2010)

Investigation

started

on the base of

victim

declarations

Posted

workers

for

a

Romanian

construction

company

System of

subcontracting

Recruited

by

advertisement in Romania

Daily

work

from

9h

until

23h,

nearly

payed

Medical

care on building site

refused

If

they

asked

questions

,

transferred

to

dirty job

Victim

fysical

treath

Situation

slum landlordsSlide22

GOOD PRACTICE:

Victim detection posted workers

6 workers in victim status

Case

constructionSlide23

Case

lawSlide24

Labour exploitationSlide25

Case

law

on labour exploitation

Judges: THB for labour exploitation if several of following elements:

Wages/payment conditions

Work circumstances and work environment (number of hours, type of work, work safety,…)

Housing circumstances

Dependence of employer (ex: salary deductions, watching camera’s,…)

Fraudulent structures to conceal the exploitation: cascade subcontracting, frauds (abuse posted workers, bogus self employed)

Work accident ignored by employer: determining factorSlide26

Catering industry

Criminal

court Tournai, 6 september 2012:

Chinese restaurant

owner

exploiting

fellow

C

hinese in restaurant

O

ne

victim

:

arrived

through

“

snakehead

organisation

”,

passport

ripped

up, 14 h/

day

400

euros

/

month

,

Harsh

Conditions

: no breaks,

payment

of

broken

crockery

,

only

customers

leftovers

for

food

Housing

:

makeshift

conditions

(basement

with

hiding

place

)

Charge of

trafficking

(

victims

’ statements):

vulnerable

situation

, no ID

documents

,

staying

illegally

,

working

and

living

conditions

contrary

to

human

dignity

: low

wages

, no

social

security cover, inhumane

work

relations;

excessively

long

hours

and

rudimentary

conditions

Convictions

: 2

years

emprisonment+5.500

euros

fine

Civil

claimants

:

between

7.500

and

41.000

eurosSlide27

Agriculture

Criminal

court Courtrai, 16

February

2015

:

Wide-

scale

exploitation and

slum

landlords in a

mushroom

farm

Conviction of 10

defendants

,

including

several

companies

THB

Slum

landlords

activities

Social

legislation

breaches

Sentences: 15

month

to 3

years

, fines (16.500), confiscations (100.000 euros)

Victims

:

mostly

Bulgarians

(one

minor

)

Start investigation: 2008: social

inspectorate

inspected

mushroom

farm

with

support of policeSlide28

Agriculture

Criminal

court Courtrai, 16

February

2015

:

Discovering

of 15 people, all of

foreign

origin

,

with

precarious

residency

status

, picking

mushrooms

Statements

workers

:

I

n a « trial

period

 »

Earn

very

little

,

often

didn’t

know how

much

they

would

get

Bulgarian

workers

caught

sealing

food

in shops on

several

occasions→forced

to

since

not

paid

for a

whileSlide29

Agriculture

Criminal

court Courtrai, 16

February

2015

:

THB: conditions

contrary

to

human

dignity

:

Victims

wages

well

below

scales

for

that

sector

, not

paid

on a

regular

basis,

working

for

hours

on end,

without

being

paid

overtime

for night and week-end

Working

illegally

in

precarious

and

dangerous

conditions

Bulgarian

:

bogus

self -

employed

(

avoid

paying

social and

tax

contributions)

Being

satisfied

of

working

conditions in country of

origin

is

not relevant

Living

conditions:

H

ouses

belonging to main defendant: rent directly deducted from

wages

O

vercrowded

spaces

,

mattresses

on the

floor

,

limited

sanitary

facilitiesSlide30

D

omestic

work

Decision

Criminal

court Brussels, 22

J

anuary

2013

(

confirmed

by Court of

appeal

Brussels, 12 May 2015)

C

onviction

for THB +

Criminal

labour

law

Victim’s

statements

/

results

house

search

/

hearing

witnesses

Defendant

:

women

from

Congo

exploiting

fellow

citizen

to look

after

disabled

son

Anonymouns

denunciation

Not

paid

, sleeping on the

floor

in

children’s

bedroom

Looking

after

child

+

housework

and shopping

Passeport

detained

by

defendant

Compensation

: 52.000 euros (

material

) + 5000

moralSlide31

Others

formsSlide32

Begging’s

exploitation

Criminal

Court of Nivelles, 25

January

2013

Slovakian

defendent

exploiting

begging

of

disabled

compatriots

Victims

statements

+

international police

information +

huge

amount

of money

found

in

defendent’s

possession

Recruiting

,

lodging

in

his

house,

dropping

in

different

car

parks

and

fetch

in the

evening

All the money

earned

taken

Compensation: 2.500 and 17.500 eurosSlide33

Forced

criminality

Criminal

Court of

Liège, 8

January

2014 (

drugs

)

Maroccan

national

brought

nephew

into

country

clandestinely

,

using

forged

documents for « 

work

 » in

selling

drugs

→

chief

and

organisator

of network (distribution of

drugs

)

Minor

assisted

by

specialised

shelter

for

minors

victims

Prosecution

defendants

for diverse

drug-related

offences

Uncle

:

aggravating

circumstance

(

using

minor

),

criminal

organisation,

smuggling

THB

forced

criminality

≠ one of the charges

File:

defendants’statements

,

wiretaps

, observations and

findings

by police,

statements

from

customers

Convictions:

between

3 and 8

years

+ confiscations Slide34

Specific

example

:

extraterritorialitySlide35

Sexual

exploitation (

Nigerian

girl)

Criminal

Court of

Brussels, 6

November

2015 (final)

Nigerian

defendant

living in Spain

Prosecuted

in Belgium

(

a.o

. THB

sexual

exploitation and exploitation of prostitution)

Victim

:

underaged

at

time of

acts

, civil

claimant

Facts

revealed

following

checks

on « 

rooms

 »in Brussels

→

number

African

girls

saying

to

be

victim

of

Nigerian

organisation

→ check

adress

:

discovering

of girl

→ false promises,

brought

over

from

Nigeria to Spain in 2002 (network

organised

by

defendant

and

wife

)

→

forced

to prostitution

through

coercion

(

voodoo

) and

threats

, all

earnings

to

defendant

→

begin

2010: escape to Belgium (no

other

ways

of

subsistence

:

turned

to prostitution)

→

coerced

by

defendant

, made

payments

throuh

Western UnionSlide36

Sexual

exploitation (

Nigerian

girl)

Criminal

Court of

Brussels, 6

November

2015 (final)

Rogatory

commission to Spain

:

search

at

defendant’s

home:

suitcase

found

with

victim’s

personal

belongings

Defendant

arrested

in Spain and

extradited

to

Belgium

Court

asserted

jurisdiction

to examine

acts

committed

in Spain (THB)

→

same

criminal

intent

that

took

place in Belgium (charges of

extortion

and money

laundering

)

→ case

law

Court of Cassation:

authority

of

Belgian

judge

can

be

extended

(code of

criminal

procedure

)

Court

accepted

all the charges

(

victim’s

statements

,

results

of

rogatory

commission in Spain,

payments

via Western Union,

statement

worker

specialised

centre)

Conviction

: 6

years

+ fine 2.750 euros + confiscation 16.000 euros

C

ompensation civil party

: 16.200 euros (

material

damage) +1.000 euros (moral damage)Slide37

RecommandationsSlide38

Start

investigation

Detection

THB

situations

and

victims

Detection

: controle,

complaint

victim

,

internet research, call violence

,

situation

slum landlords

,

annoyances

,

conflict,

anonymous

info

Detection

:

immediately

contact

specialised

THB

prosecutor

Victims

isolated

from

suspects

Don’t

leave

the

victims

:

to

avoid

their

disappearance

Contact

specialised

shelter THB-

victims

Role

interpreterSlide39

Victims

Status THB-

victim

Collaborator shelter has

to

explain

in detail

victim

status,

not

the

police

:

b

uilding trust

Relevant

declarations

sufficient

for

victim

status

Trial:

c

ompensation

victimSlide40

Victims :

T

ransnational referral mechanism

Good and bad practices in transnational cases

Nigerian

victim

(

exploited

in Belgium,

intercepted

in The Netherlands

and

placed

in a

deportation

centre

)

→

victim

detected

and

helped

by

chance (

nothing

structural

)

Nigerian

victim

(

exploited

in Belgium,

brought

to

the Netherlands

under

false

identity

for

abortion

,

detected

by

B.

police

by

phonetaps

,

contacts

between

B.

and

N.

polices

,

victim

brought

to

B. in shelter)

→

good

collaboration

between

countries

Structural

alert system

needed

(via liaison

officers

)Slide41

Quality

investigation

Multidisciplinary

control actions

Objectify

declarations

victims

Testimony

witness

,

neighbours

, experts

Phone contacts, mobile-

messages

Observations

photos

,

phone

tapping

(House) search, hearings suspects-

confrontations

Financial

investigation

,

seizures

,

confiscation

International:

r

ogatory

commissionSlide42

Thank

you

for

your

attention!

www.myria.be