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COMMITTEE ON SOCIAL POLICY OF
THE JOGORKU KENESH OF THE KYRGYZ REPUBLIC
Special report on the
results of monitoring and evaluation
of implementation of the Law of the Kyrgyz Republic
«On Preventing and Combating Trafficking in Persons»
COMMITTEE ON SOCIAL POLICY OF THE JOGORKU KENESH OF THE KYRGYZ REPUBLIC Special report on the results of monitoring and evaluation of the implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons". Edited by Evgeniy Lyashenko and Saltanat Barakanova. Experts: Kerimova Nurbyubyu, Tulegabylova Nurzhan, Nurdinova Anara, Makarov Sergey.
The present report of the Committee on Social Policy of the Jogorku Kenesh of the Kyrgyz Republic on the results of monitoring and evaluation of implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" (hereinafter – the report) is devoted to issues of combating trafficking in persons. It evaluates implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" (hereinafter – the Law), identifies gaps in its implementation, and presents recommendations for targeted support of the government institutions involved in implementation of the Law. The report is based on results of an independent assessment and submitted to the Interagency commission on preventing and combating trafficking in persons established by the decision of the Committee on Social Policy of the Jogorku Kenesh of the Kyrgyz Republic as of December 23, 2014. The report and its recommendations may serve as the baseline for the international organizations and donors for further relevant support and capacity building of the government institutions involved in implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons". This publication (report) is developed with technical support of the Mission of International Organization for Migration (IOM) in Kyrgyz Republic in the framework of the U.S. Agency for International Development (USAID) Counter-Trafficking Project. Materials of the publication (report) do not necessarily reflect the official policy, view or position of IOM and USAID. Table of contents
2.1. Background . 7 2.3. Goal and objectives of monitoring . 8 2.4. Methodology . 8 III. INTERNATIONAL AND NATIONAL LEGISLATIVE FRAMEWORK IN THE FIELD OF COMBATING TRAFFICKING IN PERSONS . 10 IV. CONTRIBUTION OF THE INTERNATIONAL ORGANIZATIONS TO COMBATING TRAFFICKING IN PERSONS IN THE KYRGYZ REPUBLIC . 12 BRIEF OVERVIEW OF THE MONITORING RESULTS . 14 VI. MONITORING RESULTS . 15 6.1. Government of the Kyrgyz Republic . 15 6.2. Ministry of Labour, Migration and Youth of the Kyrgyz Republic . 16 6.3. Prosecutor General's Office of the Kyrgyz Republic . 17 6.4. Ministry of Finance and Ministry of Justice of the Kyrgyz Republic . 18 6.5. Ministry of Interior of the Kyrgyz Republic . 20 6.6. Ministry of Foreign Affairs of the Kyrgyz Republic . 22 6.7. State Committee of National Security of the Kyrgyz Republic . 23 6.8. State Border Service of the Kyrgyz Republic . 24 6.9. State Customs Service of the Kyrgyz Republic . 25 6.10. Ministry of Social Development of the Kyrgyz Republic . 25 6.11. Ministry of Education of the Kyrgyz Republic . 26 6.12. Ministry of Health of the Kyrgyz Republic . 27 6.13. State Agency on Local Self-governance and Interethnic Relations under the Government of the Kyrgyz Republic . 27 6.14. State Registration Service of the Kyrgyz Republic . 27 VII. GENERAL CONCLUSIONS AND RECOMMENDATIONS . 28 VIII. ANNEXES . 31 1.1. Definitions of the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime:
a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harboring
or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;
(b) The consent of a victim of trafficking in persons to the intended exploitation set
forth in subparagraph (a) of this article shall be irrelevant where any of the means set
forth in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harboring or receipt of a child for the
purpose of exploitation shall be considered "trafficking in persons" even if this does
not involve any of the means set forth in subparagraph (a) of this article; (d) "Child" shall mean any person under eighteen years of age of eighteen.
1.2. Definitions in the national legislation on combating trafficking in persons:
Trafficking in persons - recruitment, transportation, harboring, receiving, transfer,
purchase and sale of the person or other illegal transaction with his/her consent or without consent, carried out by coercion, abduction, fraud, deception, stealing, for the purpose of exploitation or benefits;
recruitment – hiring, engagement of a person in performance of any work, involvement
in any activity, including illegal activities, involvement in the organizations, including unlawful;
country of destination – country where physical exploitation of the victim of trafficking
or forced labor take place;
country of origin – country from where the transportation of the victims of trafficking
is carried out; or citizens of which are the victims of trafficking; or on territory of which the organization involved in trafficking in persons or serving as a cover for trafficking in persons is registered as a legal entity;
country of transit – country through the territory of which the activities on trafficking in
persons are carried out;
victim of trafficking (VoT) - the person affected by trafficking in persons regardless of
his/her consent to recruitment, transportation, transfer, sale or other actions connected with trafficking;
forced labor - any work or service received under the threat of punishment, without a
person's will;
slavery – condition or situation of the person when some or all principles of the right of
property are applied towards him or her;
trafficker – a person or legal entity who independently or in a group of persons makes
any actions connected with trafficking in persons as well as an official who promotes trafficking, and equally does not interfere and does not resist to it though is obliged to do so under the entitled powers;
shelter - special entity carrying out activities for combating trafficking in persons,
established pursuant to the order of the present Law, which is aimed at providing victims of trafficking with shelter (temporary residence).
center - special entity carrying out activities for combating trafficking in persons,
established pursuant to the order of the present Law, which is aimed at providing consultative, legal, social assistance to the victims of trafficking;
exploitation - involvement of the person in criminal activity; involvement of a person
in prostitution or other sexual services, forced labor or services, slavery, adoption for commercial purposes, use in armed conflicts;
combating trafficking in persons – set of actions aimed at preventing, identifying,
suppressing and minimizing the consequences of trafficking in persons and providing assistance to the persons affected by trafficking in persons;
protection of the victims of trafficking - actions tailored to protect the violated rights of
the persons affected by trafficking;
assistance to the victims of trafficking - actions including medical, psychological, social,
legal, informational and other assistance to the persons affected by trafficking.
In November, 2014 the Committee on Social Policy of the Jogorku Kenesh of the Kyrgyz Republic jointly with the International Organization for Migration (IOM) carried out Dialogue1 on the implementation of the Law of the Kyrgyz Republic "On preventing and combating trafficking in persons" during which a number of problems connected with the implementation of the Law were revealed. The Inter-agency commission on preventing and combating trafficking in persons and the Working group for monitoring and evaluation of implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" were established on January 27, 2015 by the decision of the Committee on Social Policy of the Jogorku Kenesh of the Kyrgyz Republic. Representatives of the Jogorku Kenesh of the Kyrgyz Republic, government bodies, international organizations and independent experts were part of this working group.
2.2. Resume
As evaluated by the international experts Kyrgyzstan is a country of origin, transit and destination for victims of trafficking in persons. At the same time, there is an evidence of internal trafficking for the purpose of exploitation within the country. The most widespread form is forced labour of men and women, as well as sexual exploitation of women. There are facts of sale of newborns and minors. According to IOM statistics 2 the main countries of destination of the VoTs for forced labour are Kazakhstan and Russia, and for sexual exploitation - Turkey and the United Arab Emirates.
Annually about 60.0 thousand citizens of Kyrgyzstan face the risk to become the victims of trafficking3 within the country as well as abroad, 70% of them are men and 30% are women. According to the last IOM research4 in Central Asia and in Kyrgyzstan in particular the portrait of man most vulnerable to trafficking in persons is the following: aged from 18 to 34 with no higher or vocational education, predominantly originate from remote regions characterized with a large outflow of labor migrants, experiencing financial problems and/or being in search of stable, higher earnings. According to the Information and Analytical Centre of the Ministry of Interior of the Kyrgyz Republic The Dialogue was conducted within the USAID Counter-Trafficking project implemented by IOM Currently only this international organization provides a comprehensive direct help to the victims of trafficking in persons (VoTs) and has statistical data on VHT identified within the IOM projects.
International Organization For Migration, "The scales of trafficking in persons in Central Asia", Bishkek, 2010.
International Organization For Migration, "Identification of rehabilitation and reintegration needs of male victims of trafficking", Bishkek, 2015 total of 237 criminal cases were initiated under the Art. 124 (trafficking in persons) of the Criminal Code of the Kyrgyz Republic from 2002 to2014: 2002 2003 2004 2005 2006 2007 2008 2009 2010 2.3. The goal and objectives of monitoring
The main objective of monitoring on the implementation of the Law was to provide assistance to the Government of the Kyrgyz Republic in combating trafficking in persons, identifying the problems in implementing the Law and formulating recommendations for targeted support of the government institutions, involved in implementing the Law.
The main tasks were:1) to conduct internal assessment of implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" by the relevant subjects of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons";2) to conduct external independent assessment of implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" by the relevant subjects of the Law of the Kyrgyz Republic ""On Preventing and Combating Trafficking in Persons";3) to prepare and present the summarized report.
Monitoring and analysis of the current situation on implementation of the above Law are conducted by method of the functional analysis of the subjects of Law. The methodology of an independent assessment by the group of independent experts included the following: • Collection and analysis of documentary information (desk review);• Development of questionnaire for each subject of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons"; • Holding meetings and interviews with appropriate subjects of the Law;• Generalization of the assessment results by the group of independent experts.
The following ministries and departments were interviewed during the monitoring: • Government's Office of the Kyrgyz Republic• Ministry of Labour, Migration and Youth of the Kyrgyz Republic• Prosecutor General's Office of the Kyrgyz Republic• Ministry of Finance of the Kyrgyz Republic• Ministry of Justice of the Kyrgyz Republic• Ministry of Interior of the Kyrgyz Republic• Ministry of Foreign Affairs of the Kyrgyz Republic• State Customs Service of the Kyrgyz Republic• State Committee on National Security of the Kyrgyz Republic• State Border Service of the Kyrgyz Republic• Ministry of Social Development of the Kyrgyz Republic• Ministry of Education of the Kyrgyz Republic• Ministry of Health of the Kyrgyz Republic• State Agency on Local Self-Governance and Interethnic Relations of the Kyrgyz • State Registration Service of the Kyrgyz Republic.
The main questions of a questionnaire were aimed to identify if each of the mentioned agencies has its internal normative regulations to implement the provisions of Law "On Preventing and Combating Trafficking in Persons"; availability of financial allocations in the budget of departments for performance of functions on prevention and combating trafficking in persons; availability of special unit/staff responsible for coordination of this issue, etc.
III. INTERNATIONAL OBLIGATIONS AND NATIONAL LEGISLATION
OF THE KYRGYZ REPUBLIC IN COMBATING TRAFFICKING IN PERSONS
According to the Constitution of the Kyrgyz Republic the rights and freedom of person are of supreme value, slavery and trafficking in persons are unacceptable. In this regards, Kyrgyzstan has ratified all core international acts on combating trafficking in persons, among them both the UN Convention Against Transnational Organized Crime as of 2000
and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, which were ratified in April, 2003.
The Law No. 55 "On Preventing and Combating Trafficking in Persons" was adopted on
January 4, 2005 by the Legislative assembly of the Jogorku Kenesh of the Kyrgyz Republic in order to fulfill the international obligations and to combat trafficking in persons. For the implementation of the mentioned Law, the Action Plan on combating trafficking in persons in the Kyrgyz Republic for 2008-2011 was approved by the Government resolution No. 515 as of September 13, 2008. The Program on combating trafficking in persons in the Kyrgyz Republic for 2013-2016 and relevant Plan of Actions was approved by the resolution No. 14 as of January 14, 2013.
The program strives to ensure the planned and coordinated work of the government bodies and strengthen cooperation with the international and non-governmental organizations to act for effective prevention, identification and suppression of trafficking in persons, providing protection and help to the victims of trafficking. The state policy of the Kyrgyz Republic in the sphere of preventing and combating trafficking in persons provides unity of actions of the state bodies, local self-government and non-governmental organizations. In particular, according to Article 6 of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons", the Government
of the Kyrgyz Republic shall be the main actor in managing activities on preventing and
combating trafficking in persons and providing all necessary means and resources.
The executive authorities shall organize the work of subordinate agencies in implementation of the legislation of the Kyrgyz Republic on preventing and combating trafficking in persons. The institutions to carry out activities on preventing and combating trafficking in persons within their competences are: prosecution bodies; law-enforcement bodies; authorized body on foreign affairs, diplomatic missions and consular establishments of the Kyrgyz Republic; authorized body on ensuring national security; authorized body on border security and protection; authorized body on customs affairs; authorized bodies on social development and labour; authorized body on education and sciences; authorized body on public health protection; bodies of local state administration and local self-governance.
Besides, criminal penalty is stated in the trafficking in persons legislation. The article 124 "Trafficking in Persons" of the Criminal Code of the Kyrgyz Republic (CC KR) incriminates punishment for this crime with restriction of freedom for a period of up to five years
or imprisonment for a period of five to eight years with confiscation of property or
without that. Under the aggravating circumstances imprisonment can be from eight to
twenty years. Trafficking in persons is classified as a grave crime in the CC KR. In addition, new formulations of offenders were introduced to the Criminal Code, such as forced labour (Art. 125-1) and involvement knowingly of a minor in activities associated with the production of pornographic materials and items, as well as the performers to participate in activities of a pornographic nature (Art. 262-1). However Article 124 of CC KR says that "A person that became a trafficking victim shall be exempted from criminal liability for actions considered criminal offences if such person assists law-enforcement bodies in identifying and making criminally liable of trafficking organizers, executors and participants" that contradicts the Art.12 of the Law which defines that "the victim of trafficking in persons shall not be subject to administrative or criminal liability for commission of the actions which are an administrative or criminal offense if such offense was made by the victim as a result of his/her involvement while in trafficking".
As for the international cooperation in combating trafficking in persons, it is worth to highlight the Cooperation agreement of the CIS participating states in combating trafficking in persons, bodies and tissues of the person as of November 25, 2005 and Cooperation Program of the CIS participating states in combating trafficking in persons for 2007-2010 as of November 28, 2006, ratified by the Law of the Kyrgyz Republic on April 25, 2008 N 71; the subsequent Cooperation agreement of the Ministries of Interior (police) of the CIS participating states in combating trafficking in persons signed on September 17, 2010 and approved by the resolution of the government of the Kyrgyz Republic as of September 5, 2011 N 529. Besides, the Kyrgyz Republic Government Resolution № 464 as of October 2007 has approved the Additional Protocol to the Agreement on cooperation in combating trafficking in persons between the Ministry of Interior of the Kyrgyz Republic and the Ministry of Interior of the Republic of Turkey on combating crime and protection of public safety signed on July 23, 1992 in the city of Bishkek, signed on September 5, 2006 in the city IV. CONTRIBUTION OF THE INTERNATIONAL ORGANIZATIONS TO
COMBATING TRAFFICKING IN PERSONS IN THE KYRGYZ REPUBLIC
Since 2000 the international organizations and donors have been providing support to the Government of the Kyrgyz Republic and non-governmental organizations in combating trafficking in persons. Some examples of such assistance are presented in the table below: During 2000-2005 IOM provided support to government in development of information billboards concerning prevention and combating trafficking in persons, as well as introduction of amendments to the Criminal Code of the Kyrgyz Republic by the working group including representatives of the Prosecutor General's Office, Ministry of Labour, Migration and Youth, Ministry of Interior , Ministry of Justice, non- governmental organizations and others.
Training workshops on combating trafficking in persons were conducted for the law-enforcement bodies, national security, migration, educational organizations, prosecutor's offices, municipal employees and judges with assistance of IOM, OSCE, UN Organization for Drugs and Crimes (UNODC), American Bar Association (ABA ROLI) and the International Labour Organization (ILO). International Training Center (ITC) on Professional development and retraining of personnel on migration and combating trafficking in persons in Minsk has been successfully functioning with the financial support of International Organization for Migration in Belarus since 2007.
Representatives of national and foreign law-enforcement structures are trained in the Center with involvement of foreign experts. Kyrgyz law enforcement officers have also been trained in the Centre. In 2005 the OSCE published a Training Manual for trainers to conduct training courses for the law enforcement officers on the topic of "Trafficking in persons".
The IOM Training Manual was published in 2008 for the Ministry of Interior on disclosure of the crimes connected with trafficking in persons. The ABA ROLI published the manual "Trafficking in persons: criminal law and procedural aspects" in 2010.
In 2011 the UNODC issued an analytical review "Assessment Report of Legal and Regulatory Framework on Combating Trafficking in Persons in the Kyrgyz Republic, and Training Needs of Law Enforcement Agencies, Prosecutors and Judges"Practical guidelines for the Ministry of Interior on identification of the victims of trafficking in the Kyrgyz Republic was published in 2014 with financial support of ODIHR/OSCE.
International organizations jointly with NGOs conduct regular information campaigns to inform the population of risks of trafficking in persons. Brochures and booklets containing Hot line phone numbers 0 800 0000 189 and information on risks of unregulated migration and trafficking in persons were published. The IOM also conducts information campaigns on combating trafficking in persons on the Internet with use of new media, such as social networks (Facebook, Instagram, Odnoklassniki), information portals, websites, etc. to have the audience of Internet users. According to the State communication agency of the Kyrgyz Republic the number of Internet users had reached 4 million people in 2014. Within the program on combating trafficking in persons, with the international donors funding, the IOM created a comprehensive system help to the victims of assistance to the victims of trafficking which consists of a network of more than 35 partner NGOs with trained personnel and tools for identification of the victims of trafficking, as well as an extensive practical experience in needs assessment of the victims and providing direct assistance to them. As part of the system two shelters for the victims of trafficking in Bishkek and Osh are functioning; one Center of adaptation and rehabilitation of minors to Osh is supported; the national call center "Hot line 0800 0000 189" operates to provide consultations concerning legal employment and risks of trafficking. If the hotline reports on specific trafficking call – the case is referred to IOM for receiving direct assistance. Within the period of June 2002- 2015 IOM has provided direct assistance to 1898 victims of trafficking, out of them 908 are women and 990 are men. Thus 1482 people suffered from trafficking in persons for the purpose of forced labour, 365 - for the purpose of sexual exploitation, 49 people suffered from forced labour and sexual exploitation and 2 from other types of exploitation.
The direct assistance p of IOM to the victims of trafficking includes assistance with return, placement in the shelter for VoTs, psychological and medical assistance, legal aid, and also the reintegration assistance aimed at providing the victim with vocational training and possibilities for independent income-generating activity.
V. BRIEF REVIEW OF THE MONITORING RESULTS
The following issues were identified as a result of monitoring over implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons". Work on implementation of the Law is carried out within the Program of the Government of the Kyrgyz Republic for combating trafficking in persons in the Kyrgyz Republic for 2013-2016 and the Plan of Actions, adopted according to the Resolution of the Government of the Kyrgyz Republic as of January 14, 2013, No. 14. The purpose of this Program is to ensure well planned and coordinated activities of the state bodies and strengthen cooperation with the international and non-governmental organizations in implementation of the actions directed on the effective prevention, identification and elimination of trafficking, providing protection and assistance to the victims of trafficking. Control over implementation of the Program and the Plan and summary information is carried out by the Ministry of Labour, Migration and Youth within the Government of the Kyrgyz Republic. However, despite the work done by the executive authorities within the Program and the Plan, answers to the main questions of a monitoring questionnaire, such • availability of the internal regulations directed on implementation of provisions of the Law "On the Preventing and Combating Trafficking in Persons"; • allocation of the financial means in the budget of departments necessary for performance of functions for the preventing and combating trafficking; • existence of special department / staff supervising the issue, etc. have shown the following.
Since adoption of this Law many of the departments specified in the list were reorganized but this was not reflected in the Law. The overview of participation by various departments in activities for the prevention and suppression of trafficking in persons and to assistance to the affected persons is not clear enough. Due to the lack of the authorized coordinating body which according to point 6 of article 6 of the Law had to be approved by the President of the Kyrgyz Republic, each structure works separately. There is no complete working system on combating trafficking. Some subjects of the implementation of the Law, in particular the Prosecutor General's Office and the State Customs Service initiated a withdrawal from the list of performers of the Law. It shows insufficient review of the functional obligations and lack of clear, deep understanding of provisions of the Law. Besides, there are no standards on social protection and social rehabilitation of the persons affected by trafficking in persons and social recovery of the victims. According to the Law, this should be done at the expenses of the state budget of the Kyrgyz Republic. In general, actual assistance to the victims of trafficking in persons is provided by the international organizations and NGOs. During monitoring of the Kyrgyz Republic by the Ministry of Finance it was noted that ministries and agencies do not plan relevant lines in the annual budgets for implementation of the Law. According to Art. 22 of the Law of the Kyrgyz Republic "On the basic principles of the budgetary right" the ministries and agencies are responsible for distribution of the finances allocated from the state budget.
There is no complete working system on combating trafficking, the so-called National
Referral Mechanism for the victims of trafficking in persons– i.e. "… structure of
cooperation within which government bodies fulfill the obligations to protect and observe the rights of the victims of trafficking, coordinating the efforts in the strategic partnership with the civil society and other subjects who are engaged in the counter-trafficking"5. In other words there are no accurately developed bylaws and internal regulations on the working system of each department with the appeals from the victims of trafficking.
The existing referral mechanism for the victims of trafficking in persons (VoTs) is based on informal cooperation of law enforcement agencies with NGOs. Though the Law "On Preventing and Combating Trafficking in Persons" can be used as the basic document for creation of the National Referral Mechanism. In its preamble it is said that this Law" shall establish the system of measures to protect and help the victims of trafficking". IOM has created a referral system for VoTs in the framework of its program for combating trafficking. It is necessary to accept and adapt this system to make the national and international efforts in combating trafficking in persons in the country sustainable and effective.
VI. RESULTS OF MONITORING
6.1. The Government of the Kyrgyz Republic
According to par.6 Article 6 of the Law "On Preventing and Combating Trafficking in Persons" - coordination of activities of the bodies for the prevention and combating trafficking in persons shall be carried out by the authorized body determined by the President of the Kyrgyz Republic. Article 8 determines the authorized body to develop a public policy framework in preventing and combating trafficking. However, there is no such approved structure by the President the Kyrgyz Republic. According to Chapter II of Art. 6 par. 1 of the Law "the authorized body for the coordination of activities related to the prevention and combat of trafficking shall be the Government
of the Kyrgyz Republic.
At the same time the Government of the Kyrgyz Republic considers itself a collegial
body and the indication of the Government of the Kyrgyz Republic in the legislation ODIHR/OSCE, Practical guidance "Referral Mechanisms for victims of trafficking in persons at the national level", 2004.
as the performer shall mean the law implementation be performed by the ministries or departments authorized on this matter. The government holds the position that the main entity to manage activities on prevention and combating trafficking in persons is the Ministry of Labour, Migration and Youth of the Kyrgyz Republic (MLMY). Though the Law "On Preventing and Combating Trafficking in Pesons" has no indication of this body among competent departments as in 2005 when the Law had been adopted the MLMY did not exist. The Migration unit, initially created in structure of the Ministry of Labour, Employment and Migration, later transferred to the Ministry of Foreign Affairs of the Kyrgyz Republic (MFA) with transformation to Department of external labor migration and again (in 2011) transferred in MLMY is the main department to collect information and develop draft of the National Action Plan (NAP). Chapter II of Art. 7 "Powers of the Government of the Kyrgyz Republic in the sphere of the preventing and combating trafficking" is interpreted in the Government as power of all ministries and departments headed by members of the Government of the Kyrgyz Republic and/or other government bodies of executive power while the Government Office of the Kyrgyz Republic is the government coordinating body to ensure activity of the Government of the Kyrgyz Republic and the Prime -Minister of the Kyrgyz Republic. Therefore, the work which is carried out by various executive authorities including the ministries and departments shall be directed on execution of appropriate authority of the Government of the Kyrgyz Republic on the trafficking issue. There is no data on the existing funds for assistance to the VoTs in the Government of the Kyrgyz Republic as well as no information on annual number of the revealed VoTs cases. The number of employees in the departments who are engaged in the solution of this problem is not indicated either. 6.2. Ministry of Labour, Migration and Youth of the Kyrgyz Republic
MLMY functions are defined by the Decree of the Government of the Kyrgyz Republic as of March 5, 2013, No. 109 "On functional and structural changes in the system of state authorities of the Executive branch of the Kyrgyz Republic", where the MLMY of the Kyrgyz Republic is assigned with the functions to develop a unified state policy on the formation of a labour market in the country, forecast manpower needs, as well as on domestic, foreign and labor migration and the Regulations on MLMY of the Kyrgyz Republic, approved by the Government Decree as of 20 February 2012, No. 122 According to the Government Decree of the Kyrgyz Republic as of January 14, 2013 No. 4 "On the Government's programme to combat trafficking in persons for 2013-2016", p. 3. MLMY of the Kyrgyz Republic shall oversee the programme and Action plan. It shall provide consolidated information to the Office of the Government of the Kyrgyz Republic.
According to chapter II 9 p. 8. Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons", "labour authorities shall develop proposals for assistance to victims of trafficking and maintenance of special institutions to include them to the national program on preventing and combating trafficking in persons and other state programs." The same law provides for the organization of immediate access to assistance and social rehabilitation of the victims. MLMY of the Kyrgyz Republic is engaged in the prevention of trafficking in persons, but not in providing assistance to the victims. The main activities are aimed at raising awareness of people at risk: hotline services financed under the IOM projects, dissemination of printed materials on prevention of trafficking, consultations for citizens leaving to work abroad. Direct assistance to VoTs is not provided by the Ministry. 6.3. The General Prosecutor's Office of the Kyrgyz Republic
In accordance with Chapter II Art. 9 p. 2. "Prosecution bodies shall act within the limits of their competences and shall carry out activities to prevent and combat trafficking in persons in accordance with the Kyrgyz legislation".
Under the authority established by Art. 104 of the Constitution of the Kyrgyz Republic one of the functions of the Prosecutor's Office shall be supervising the strict and unified implementation of the Law "On Preventing and Combating Trafficking in Persons" by the executive power bodies and local self-governments and their officials. Oversight of enforcement of the Law also takes place under the orders of the General Prosecutor of the Kyrgyz Republic No. 12 of May 3, 2006 "On enhancing procuratorial oversight over compliance with the law, the legality of normative legal acts and the observance of human and civil rights and freedoms ", no. 38, dated April 12, 2011 year# 38 of April 12, 2011 "On enhancing procuratorial oversight in order to bring it into conformity with the requirements of Art. 104 of the Constitution of the Kyrgyz Republic". The above grounds for activities of the Prosecutor's Office indicate that the prosecution bodies shall supervise the execution of all laws, including the law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons". In this connection, the development of a separate internal bylaw is considered irrelevant.
In accordance with Chapter 8 of Article 32 supervision over exact and unified execution of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" shall be performed by the Prosecutor General. However, as informed by the GP Office staff members there are no settled rules on reporting on such an oversight as to implementation of the Law "On Preventing and Combating Trafficking in Persons".
Statistical reporting of the prosecution bodies is limited to the reporting of the Ministry of Interior (MoI) on completed investigations of criminal cases (Article 124 of the Criminal Code) which were forwarded to the court. In addition, the prosecutor's office shall monitor the bodies carrying out investigative activities and investigations. Crimes relating to trafficking in persons (Article 124 of the Criminal Code) shall be processed by investigative jurisdiction (Article 163 of the Criminal Proceeding Code) by the MoI authorities as supervised by the Prosecution office.
During the period of 2000-2003 the Working Group was established to draft a legislation concerning the prevention and combating of trafficking in persons as well as amendments to the Criminal Code of the Kyrgyz Republic. The working group included representatives of the General Prosecutor's Office, Ministry of Labour, Migration and Youth, Ministry of Internal Affairs, Ministry of Justice, NGOs and others. Currently, such cooperation is formal.
Since the law does not specify which agency is responsible for the coordination of activities to combat trafficking in persons, the staff members of the competent departments are often not informed about the role of his/her department on preventing and combating trafficking and assisting victims.
So, the General Prosecutor's Office of the Kyrgyz Republic intends to secede from the list of the law performers, recalling that identification and investigation of trafficking cases shall not fall within the competence of the Prosecutor General's Office.
6.4. Ministry of Finance and Ministry of Justice of the Kyrgyz Republic
The staff members of the Ministry of Finance and the Ministry of Justice of Kyrgyz Republic have similar views as the General Prosecutor's Office staff. These agencies are not specified in the law of the Kyrgyz Republic on the list of the subjects of the law (on trafficking in persons) and at the moment their participation in activities relating to the prevention and combat of trafficking in persons and assisting victims is not clear. These agencies consider that such activities are not within their responsibilities.
According to the Regulations on the Ministry of Finance of the Kyrgyz Republic, the activities aimed at implementing norms of the provisions of the law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons", does not fall within the prerogative of the Ministry of Finance of the Kyrgyz Republic.
Accordingly, no special drafting of normative legal acts deriving from this Law shall be the responsibility of this Ministry.
Interviews with the staff members have identified that there are no funds allocated in the budget to prevent and combat trafficking in persons. The Ministry has an opinion that all the issues related to the mentioned Law shall be followed by the agencies with the functional responsibilities to deal with migration and employment of the population. The State budget of the Kyrgyz Republic provides for the necessary financial resources, in accordance with annual applications of ministries and agencies for the performance of their activities. Accordingly, the estimates of expenditure of the ministries and departments, which is responsible for the implementation of activities for the implementation of the law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" shall be ensured with certain financing. Formally and specifically the subjects of this Law have not requested the necessary funding to carry out the functions relating to the prevention and combat of trafficking in persons. But within internal budget lines the management of the agency can make re- allocations of some lines of the budget to work on counter-trafficking.
That is, according to Article 22 of the Law of the Kyrgyz Republic "On basic principles of budget law" the agencies are responsible for distribution of funds obtained from the state budget.
Similarly, according to the staff of the Ministry of Justice of the Kyrgyz Republic, in accordance with Article 6 of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" actors working on the prevention of and fight against trafficking in persons within its competence are: • prosecution bodies;• bodies of internal affairs;• authorized body on Foreign Affairs, diplomatic missions and consular institutions of the Kyrgyz Republic; • authorized body on national security; • authorized body on safety and protection of the state border; • authorized body on customs;• competent authorities on social development and labour; • authorized body on education and science; • authorized body on health protection of citizens; • local state administration and local self-government. On this basis the Ministry staff believe that in accordance with the regulation on the Ministry of Justice of the Kyrgyz Republic, approved by the Government resolution of the Kyrgyz Republic dated December 15, 2009, no. 764, the implementation of activities on prevention and combating trafficking in persons is not within the competence of the Ministry of Justice.
The Ministry's activities in the area of legislation and supervision primarily focuses on elimination of gaps, conflicts and contradictions in normative legal base, improving of the national legislation. 6.5. Ministry of Internal Affairs of the Kyrgyz Republic
Under Chapter II 9 p. 3 of the present Law, the Ministry of Internal Affairs of the Kyrgyz Republic and its subdivisions are required to carry out activities to prevent, investigate and combat offences related to trafficking in persons.
Since 2010 there was a Department on Crimes related to Foreign Citizens at the MoI. In 2014 a Unit has been established under the General Directorate for Criminal Investigations in accordance with order No. 959 of MIA of November 28, 2014 to combat trafficking in persons, crimes against public morals and crimes among juveniles for urgent adequate and sound measures to combat trafficking in persons as well as for the execution of the Law "On Preventing and Combating Trafficking in Persons". The interviewed MoI representatives demonstrated an understanding of the importance of identifying the VoTs and emphasized the need for sensitive treatment of victims, taking into account their status and vulnerability, as well as confidentiality.
Administration officials acknowledge that the law can be used as a basic document for the establishment of national standards for identifying the VoTs. Unfortunately, there is no continuity in the work and, therefore, work on the development of specific documents on this issue has been just started.
In matters relating to referral of identified VoTs to the relevant organizations to assist them the MoI has certain powers and having gathered evidence shall pass the case to the General Prosecutor's Office of the Kyrgyz Republic.
MoI has a regulation "On procedure for establishing the degree of the data secrecy categories and determination of the secrecy degree of the information contained in the documents and products" and "Inventory of the most important state secrets data", approved by the Government resolution of the Kyrgyz Republic dated 7 July No. 267/9, seizing documents and data with "Confidential," "For Official Use only" marks. VoTs personal data privacy and Confidentiality policy has not yet been developed. MoI Action plan on implementation of the CT NAP does not contain norms for qualified combating trafficking in persons both inside the country and abroad. Therefore, improving communication in relation to trafficking in persons has not yet become part of the system on increasing skills of MoI staff. According to monitoring such training events are conducted only by the initiative of the international organizations. So, trainings have been conducted with the IOM and UNODC support throughout 2006-2014, but the staff could not provide training documents, stating that all documents were put in archives.
A methodical practical guide on disclosure of offences related to trafficking in persons was published in 2008 with the financial support of IOM and the Norway Ministry of Interior. The MoI personnel was informed on the way how to follow the instructions on combating trafficking in persons and about the existing Law "On Preventing and Combating Trafficking in Persons". The information provided was mostly of an explanatory nature and did not ensure an in-depth study of the Law "On Preventing and Combating Trafficking in Persons". Through a study of the MoI activities in the area of combating trafficking in persons (TIP) for 2010-2015 it was found out that the comprehensive work on counter-trafficking (CT) was not carried out in the MoI system or if it were, only fragmented. Field staff of MoI is not proactive in combating TIP and MoI's subdivisions do not have skills on this subject. The initiative of holding training events for MoI staff to combat TIP comes from non- governmental organizations and international organizations. Training seminars have been carried out on combating trafficking in persons with the assistance of IOM, OSCE, UNODC, American Bar Association (ABA) and the International Labour Organization (ILO) for the employees of internal affairs agencies, national security, migration, educational institutions, the public prosecutor's office, municipal officials and judges. A special course on combating trafficking in persons was introduced in the curricula of the MoI's Academy of the Kyrgyz Republic (named after major General of Militia Aliyev E.A.,) and MoI special secondary school of the Kyrgyz Republic (named after major General of Militia Shabirov Zh.) with the support of the American Bar Association and the United States Department of State.
To this end, training manuals "Trafficking in persons: criminal and procedural aspects" and "Collection of samples of the criminal procedural documents in cases of trafficking in persons" were developed as designed for police, prosecutors, national security, lawyers, students and attendants of MoI educational institutions. MoI collaborated with NGOs on a case-by-case basis, for example with NGOs such as NGO "El Agartuu" where a practical guide6 was jointly issued (which, unfortunately, have not been tested in the field). But the Prosecutor General's Office, the Ministry of Foreign Affairs and the Ministry of Justice do not have such a practice of interaction with civil society.
6 Practical Guide for the MoI "On Identification of Victims of Trafficking in the Kyrgyz Republic" under financial support of OSCE /ODIHR 2014.
In accordance with art. 27 of the Law the CT activities are getting more systematized with the creation of a special Office for combating trafficking in persons, crimes against public morals and among minors the work on assistance to children victims of trafficking. A working group is currently functioning at the MoI Department on offences against minors, including juvenile VoTs. Internal documents are under development process, drafts were shown to the evaluators.
There are several special agreements in the area of international cooperation in combating trafficking in persons. Thus, in accordance with the agreement on cooperation among the CIS members-states in combating trafficking in human organs and tissues as of November 25, 2005 and in order to increase the effectiveness of the prevention, detection, combat and exposure of crimes related to trafficking in persons, the agreement on cooperation among Ministries of Internal Affairs (police) of the CIS member-states in combating trafficking in persons, signed on September 17, 2010 was approved by the Government resolution of the Kyrgyz Republic dated September 5, 2011, N 529. Unfortunately the MoI could not provide the independent experts with copies of these documents. 6.6. Ministry of Foreign Affairs of the Kyrgyz Republic
In accordance with chapter II 9 p. 4. Law of the Kyrgyz Republic "The authorized body on foreign affairs, diplomatic representatives and consular institutions of the Kyrgyz Republic shall work to protect the rights and interests of citizens of the Kyrgyz Republic, victims of trafficking, who are outside the Republic". During the monitoring experts were referred to the Department of Consular Service of the Ministry of Foreign Affairs of the Kyrgyz Republic as it is closely linked to the provisions of the present Law.
There were no normative acts (internal documents, etc.) to implement the provisions of the law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" found during the analysis at the MFA as the originals of such documents were not shown. Moreover, the MFA staff believes that it does not fall within their responsibilities. In accordance with the mentioned Law the Ministry of Foreign Affairs shall work to protect the rights and interests of citizens of the Kyrgyz Republic, victims of trafficking in persons abroad and facilitate their return to Kyrgyzstan. So, foreign establishments of the Kyrgyz Republic (embassies, consulates) work on registration in the shortest possible time of the travel documents for trafficked persons, in particular, a Certificate to Return to Kyrgyzstan (hereinafter CR) are issued by MFA. The CR is issued pursuant to the provisions of the Certificate of Return to the Kyrgyz Republic, approved by Government decision No. 407 dated July 30, 2008For the year 2014 20 citizens were recognized as VoTs (forced laboury) in Russia; in Turkey and in U.A.E. respectively 9 citizens and 14 citizens were recognized as victims of sexual slavery. Diplomatic agencies of the Kyrgyz Republic shall issue CR to Kyrgyzstan to those citizens.
CR shall be issued without any consular fees (free of charge) on the basis of applications from the citizens themselves under the CR to Kyrgyzstan category. Such a possibility is laid down in the regulations on consular fees and fees for the actual costs in the provision of consular services approved by the Government Decree of the Kyrgyz Republic dated December 18, 2012, N 839. For the year 2014 embassies and consulates of the Kyrgyz Republic issued the following number of CR: in Russia - 4170, Turkey -200, U.A.E. - 30. However, most appeals are not qualified as victims of trafficking.
As a rule, to bring these criminal cases to their logical conclusion by the countries ‘ law enforcement agencies, persons who are subject to trafficking must be located on the territory of a foreign state until the completion of the judicial process. Most of the citizens - victims of trafficking do not wait for trial and return home for subjective or objective reasons. In this regard, many criminal cases are not completed.
There is no special unit for combating trafficking in persons in MFA, therefore upgrade of staff qualifications in this field is not conducted. In 2010 offices for migration and employment abroad were opened, which operate at embassies/consulates (Attaché for labour). During the reorganization of the agency on migration and employment into the Ministry of Labour, Migration and Youth and handover of responsibilities over migration issues from the MFA to the new Ministry the trained staff remained at the MFA KR. This led to a weak counter-trafficking performance by the new Ministry. Currently there is literally only one officer responsible for counter-trafficking who has also other responsibilities in addition to issues relating to combating trafficking in persons and assisting victims of trafficking.
Cooperation with NGOs and international organizations is manifested in conducting large conferences, round tables, Governmental dialogues on trafficking in persons, but officially signed memorandums of cooperation with NGOs and international organizations do not exist, although employees of the MFA Consular Service continue working closely with IOM.
6.7. The State Committee of National Security of the Kyrgyz Republic
Chapter II Art. 9 p. 5 states that "The authorized body in the sphere of national security and its territorial bodies shall carry out activities to identify the links between international terrorist organizations with the organized crime groups and traffickers."
The issues of combating trafficking in persons are regulated by one of the units the State
Committee of National Security (SCNS) Central Office which consists of 6 people, as
well as relevant departments of the territorial units of the State Committee. Many of the staff members of these units were trained in recent years to combat trafficking. In addition, national security personnel have periodic trainings on TIP issues that are organized by the partner special services. One of the interviewed security officers had noted that according to Article 163 of the Criminal Proceedings Code, the investigation of criminal cases involving offences against freedom, honour and dignity (art. 124 of the Criminal Code) is conducted by investigators of the MoI authorities, therefore, there is cooperation with the MoI in the course of the investigation of the crime and the prosecution of criminals. In the period from 2012 onwards SNSC has not instituted any criminal cases under Article 124 of the Criminal Code of KR.
No links of international terrorist organizations and organized crime groups with traffickers have been identified by the SCNS in recent years. No agreements in the field of international cooperation on anti-trafficking have been signed by SCNS.
SCNS cooperation with non-governmental and international organizations is carried out through participation in various inter-agency working groups, which are defined in the inventory and development of recommendations to improve the legislation of the Kyrgyz Republic in the field of countering trafficking in persons, the monitoring and analysis of the implementation of the law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons". "El Agartuu" NGO and IOM have been mentioned among the non-governmental and international organizations as having cooperation with the SCNS. According to Art. 25 "Rendering assistance to the victims of trafficking in persons and measures to protect them" SCNS bodies have not produced any actions on reasoned petitions from the state bodies for assistance to victims of trafficking.
SCNS bodies have in their operation the automated information management system (ASIO), a database which has records on incoming operational information including on trafficking in persons.
Due to the presence of official secrecy, information how to operate such a database and relevant statistics are not provided. Due to the presence of many important documents of official secrecy, a complete picture of the activities of the SCNS implementation of the Law is deemed impossible.
6.8. State Border Service of the Kyrgyz Republic
Chapter II Art. 9 p. 6 specifies that "The authorized body in the sphere of security and protection of the state border shall provide service to identify VoTs, prevent and combat the activities of traffickers at the state border of the Kyrgyz Republic." There is no special unit to deal with combating trafficking in persons, but in general representatives of the State Border Service (SBS) staff have demonstrated knowledge of international and national legislation on combating trafficking in persons during the interview as well as an understanding of the importance of identifying the VoTs when crossing the state border. It was especially stressed that there is a need in proper treatment of victims taking into account their status and vulnerability.
As for the referrals of the identified VoTs and organization of any assistance to them, the SBS has no such authority and simply passes the case materials in the SCNS.
6.9. State Customs Service of the Kyrgyz Republic
Chapter II Art. 9 p. 7. of the Law states that "The authorized body in the sphere of customs shall detect and prevent attempts by traffickers crossing the customs border of the Kyrgyz Republic, and also prevent trafficking of the victims across the customs border of the Kyrgyz Republic."So the State Customs Service (SCS) intends to secede from the list of the law performers, recalling that the revealing of the facts of trafficking in persons and identification of traffickers do not fall within the competence of the SCS. In this regard, the SCS has developed a draft Law on amending the Law "On Preventing and Combating Trafficking in Persons", in particular part of exclusion of Customs Service from the list of entities responsible for prevention and combat trafficking, as well as a draft Decision of the Government of the Kyrgyz Republic on the draft Law of the Kyrgyz Republic "On amending the law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons". Currently, these draft laws are under procedure of endorsement within the relevant ministries and agencies of the Kyrgyz Republic. Given that Kyrgyzstan has signed a number of cooperation programmes of CIS member- states in combating trafficking in persons, where the Customs Service in some countries shall act as one of the programme performers, the issue of excluding SCS from subjects of the Law requires careful consideration.
6.10. The Ministry of Social Development of the Kyrgyz Republic
In accordance with Article 27 of the Law of the Kyrgyz Republic the Ministry of Social Development has developed a "Provisions for the return of children to the Kyrgyz Republic-Kyrgyz citizens left without parental care and outside the Kyrgyz Republic, approved by Kyrgyz Republic Government resolution dated October 21, 2013, no. 571 with the aim to prevent cases of trafficking in children and protection of their rights.
The above regulation defines the procedure for the return of children who are citizens of the Kyrgyz Republic without parental care outside the country. To create a database of organizations, institutions and centers providing social services to children in difficult living conditions the Ministry has organized the collection of data about them (children's residential institutions, family type units, daytime care centers and so on), providing social services, irrespective of their forms of ownership. Information is posted on the Ministry's website www.mlsp.gov.kg.
Territorial subdivisions of the Ministry regularly conduct activities to identify disadvantaged families, children in difficult situations as well as activities to prevent juvenile delinquency. In identifying the disadvantaged families, children without parental care and children, located in difficult situations social workers and the staff of the Ministry form an Individual Family Work Plan (IFWP) and an Individual Child Protection Plan (ICPP) to take these children and families from difficult life situations. IFWP and ICPP are submitted to the Commission for Children under the district state administrations and mayors' offices. After such a procedure they shall receive integrated social assistance from the state and local self-government bodies.
6.11. Ministry of Education of the Kyrgyz Republic
In accordance with chapter II Art 9, p. 9 of the Law, the Ministry of Education of the Kyrgyz Republic shall develop educational programs to train the authorized officials on preventing and combating trafficking in persons. The Ministry shall include the principles of preventing and combating trafficking in persons to the existing humanities subjects, highlighting the problems of the trafficking in persons and the legislative framework on combating trafficking in persons".
However, as it turned out, the Ministry at this time could not find internal documents aimed at implementing the provisions of the Law "On Preventing and Combating Trafficking in Persons". It was also revealed that the Ministry does not have fixed functions for specific officer and continuity with respect to combating trafficking in persons.
Educational policy in the sphere of preventing trafficking in persons is not systemic in its nature and limited to specific events. For example, the discipline "Law studies" establishes the issue of trafficking in persons under the thematic area of "Crimes against the person". Special TIP courses are not conducted.
Special discussions on TIP issues are conducted at the schools as well as thematic best essay and drawing competitions. There is no a special TIP programme. Certain work with children who are victims of TIP is not carried out. There is no Classifier on victims of trafficking. Accesses to education and conditions for the provision of education are provided for all the citizens under the relevant law. Not a single document indicates a child as a victim of trafficking.
The Ministry of Education and Science has no cooperation with civil society and the international community on combating TIP. The Ministry's budget has no financing for these activities. Functionally the implementation of the present Law is assigned on one staff member only. Due to his full time devotion to the other tasks and responsibilities no time is left for TIP issues. 6.12. Ministry of Health of the Kyrgyz Republic
In accordance with Art. 9, p. 10 "The authorized body in the sphere of public health shall develop programmes to provide medical aid including psychiatric assistance to victims of trafficking, as well as provide medicines to special institutions."The activities of the Ministry of Health of the Kyrgyz Republic aims to provide diagnostic, medical and rehabilitation assistance to patients in general, without the provision of a category of persons as victims of trafficking.
Under the state guarantees program to ensure health care to the citizens only the emergency care is provided for free. Within 3 days after critical condition a co-payment should be paid. A category of persons, called victims of trafficking in persons is not mentioned in the list of preferential categories. In addition, the procedure of identification of victims of trafficking in persons is not with the health care system, respectively, there is no statistics of such category of patients there.
Awareness raising work is conducted for the prevention purposes through distribution of memos on the treatment of young people, women, about the possible negative consequences of trips in the near and far abroad on individual employment (lectures, talks, workshops, information billboards, etc.).
6.13. State Agency for local self-governance and inter-ethnic relations under
the Government of the Kyrgyz Republic (SALSGIR)
SALSGIR has stuck to the opinion that the activities indicated in the Art.9 p.11 of the Law "On Preventing and Combating Trafficking in Persons" do not fall within the competence of local self- governments (LSG). In this connection, SALSGIR has suggested that part of Art. 9 p.11 shall be read as follows: "local self-governance bodies shall assist in the enforcement of measures to prevent and combat trafficking in persons at the local level" 6.14. State Registration Service of the Kyrgyz Republic
The State Registration Service of the Kyrgyz Republic has not provided a specialist for VII. GENERAL CONCLUSIONS AND RECOMMENDATIONS
1. Amend the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" with the provision to establish a Counter-Trafficking National Referral Mechanism. The existing VoT referral mechanism is based on formal law enforcement cooperation with NGOs. However the law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" can be used as a basic document to establish a National Referral Mechanism for VoTs. The preamble states that the Law "determines the legal framework for preventing and combating trafficking in Interviews with the employees of the Ministry of Interior, the Prosecutor General's Office, MFA Department of Consular Service indicated that in the event of the identification of the victim in the course of conducting operations against irregular migration or trafficking in persons, the victim shall be directed to the NGO or IOM to get all the required assistance. None of the mentioned units has a formal agreement on cooperation with the NGOs. 2. Create an authorized agency at the national level for the coordination of the execution of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" to be approved by the President of the Kyrgyz Republic. Currently, due to the absence of an authorized coordinating body the overall picture of participation of different departments in preventing and combating trafficking in persons and assisting victims is not quite clear. Each structure operates separately, so there is no coherent work system to counter trafficking in persons. 3. Develop and approve standards for social protection and rehabilitation of victims of trafficking. Due to the lack of these standards VoTs have no social protection, although the law provides for the social rehabilitation of the victims of trafficking in persons at the expense of the national budget.
4. Transform the offence under Article 124 of the Criminal Code of the Kyrgyz Republic from the category of the private-public prosecution to the category of public prosecution cases.
5. Conduct trainings on new amendments in the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" to the law enforcement staff, prosecutors and judges.
6. Introduce amendments to the Art. 124 of the Criminal Code of the Kyrgyz Republic that regardless of the fact that cooperation with law enforcement authorities, a person who is a victim of trafficking in persons, shall be exempted from criminal liability for acts that constitute a criminal offence, if the offence was committed as a result of his/ her involvement in trafficking in persons7. 7. Introduce amendments to the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" as to the list of practices recognized as exploitation. Currently the list has no institutions and practices similar to slavery, as well as servitude, although such practices are provided for in the minimum list of exploitation practices in the UN Protocol. Therefore, if the victims of such forms of exploitation will be identified in the country, they may not be identified as victims of trafficking in persons and will not get any protection from government agencies or assistance from NGOs.
8. It is necessary to bring the definition of the term "victim of trafficking' in the law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" in accordance with the UN Protocol. In general, the definition in the law corresponds to the definition given in the Protocol to prevent, suppress and punish trafficking in persons, with the exception of the concept of "sale" and "illegal transactions" against human beings, which were introduced additionally to the list of actions on trafficking in persons, specified in the Protocol. This add-on offers a quite extended interpretation of the definition, which can lead to mistaken identification of VoTs.
9. Introduce relevant additions to the Criminal Code and Code of Criminal Procedures to ensure the protection of personal data of VoTs. Currently no measures are taken to ensure the protection of personal data of VoTs. Article 17 of the Law states that hearings on trafficking in persons may be held in a closed session but this article cannot be applied directly, unless the Criminal Code and the Code of Criminal Procedures of the Kyrgyz Republic are amended so that the cases on trafficking in persons shall be relegated to the category of cases dealt with in closed sessions.
10. It is necessary to increase the number of days in shelters for VoTs for 30 days and more to pass the necessary rehabilitation. State shelters should be created. Art. 21 of Law sets a period of 10 days for the VoTs to make a decision about the appeal to the law enforcement bodies and participation in criminal procedures in relation to the traffickers. This period may be extended by a decision of the agency conducting the investigation on trafficking in persons. During this period, VoT shall receive assistance and protection. But this period is insufficient for full rehabilitation of victims. In practice the VoTs are often in shelters far longer than 10 days. Shelter is provided by the NGOs rather than by the Government.
11. Introduce amendments to the Criminal Code and Code of Criminal Procedures to restrict access to VoTs personal data. Art. 25 of the Law shall allow restriction of access to VoTs personal data. But for the practical application of this article the With consideration of UNODC recommendations to the evaluation of the legislation of the Kyrgyz Republic on combating trafficking in persons as of 2011 appropriate changes should be entered to the Criminal Code (1997). Codes have the advantage over the other instruments of national law, but they do not contain provisions on the protection of VoTs personal data. 12. Ensure that staff of the competent authorities is informed on their role and place in the law. According to interviews among the staff of the competent authorities on the role of their departments in the implementation of the Law number of employees is not competent in these matters.
13. In consultation with the international organizations, NGOs and Parliament the Ministry of Finance shall develop an average annual draft budget for assistance to VoTs. The draft budget shall include the following lines:- assistance in return, documentation, transportation of VoTs- costs of keeping the VoTs in the shelters- costs of medical assistance to VoTs- costs of psychological consultations to VoTs- costs of legal assistance to VoTs- costs of vocational education for VoTs on occupations that are in demand on the - costs of VoTs protection to ensure their physical safety, technical and other measures to protect their personal data.
of the Committee on Social Policy of Jogorku Kenesh on the results of the monitoring and evaluation of the implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" Committee on Social Policy of Jogorku Kenesh, having heard the proposal of the member of Jogorku Kenesh of the Kyrgyz Republic- the chairman of the Interagency Commission on preventing and combating trafficking in persons Ms. Kadyralieva Y.K. "On the results of the monitoring and evaluation of the implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" have noted the following. The Committee of Jogorku Kenesh of the Kyrgyz Republic on Social Policy, together with the International Organization for Migration (IOM) held a dialogue on implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" to identify issues related to the implementation of the Law in November 2014.
Taking into consideration the problems in the area of trafficking in persons in the Kyrgyz Republic the Committee on Social Policy Jogorku Kenesh discussed issues on combating trafficking in persons on January 27, 2015. As a result it was agreed to establish an Interagency Commission on preventing and combating trafficking in persons and a Working Group for monitoring and evaluation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" as well as to ensure training of the members of Jogorku Kenesh of the Kyrgyz Republic.
The Working Group included representatives of the Office of the Jogorku Kenesh of the Kyrgyz Republic, state bodies, international organizations and independent experts. The work of experts and trainers, and the publication of the monitoring report was supported within the framework of USAID Counter-Trafficking Project implemented by the International Organization for Migration (IOM) in the Kyrgyz Republic and the International Public Fund "Pangea".
Monitoring and evaluation of the current situation on the implementation of the above- mentioned Law was done by conducting functional analysis of activities by subjects of the law, studying their documentation, as well as through a survey and interview with employees of the executive authorities, governing the prevention and combating of trafficking in persons.
The following results were identified based on the analysis of the monitoring of the Law:
Prosecution bodies within its competence, shall carry out activities to prevent and combat
trafficking in persons in accordance with the national legislation.
Oversight of enforcement of the Law shall be performed under the orders of the General Prosecutor's Office of the Kyrgyz Republic No. 12 of May 3, 2006 "On enhancing procuratorial oversight over compliance with the law, the legality of normative legal acts and the observance of human and civil rights and freedoms ", No. 38, dated April 12, 2011 "On enhancing procuratorial oversight in order to bring it into conformity with the requirements of art. 104 of the Constitution of the Kyrgyz Republic ". The above grounds for activities of the Prosecutor's Office indicate that the procuratorial bodies shall supervise the execution of all laws, including the law of the Kyrgyz Republic « On Preventing and Combating Trafficking in Persons ». In this connection, the development of a separate internal Law is considered irrelevant.
The Law does not specify which agency is responsible for the coordination of activities to combat trafficking in persons. As a result, the staff members of the competent departments are often not informed about the role of their departments in preventing and combating trafficking in persons and assisting victims.
So, the General Prosecutor's Office of the Kyrgyz Republic intends to secede from the list of the law performers, recalling that the revealing of the facts of trafficking in persons and establishing persons interested in trafficking in persons shall not fall within the competence of the Prosecutor General's Office.
The staff members of the Ministry of Finance and the Ministry of Justice of Kyrgyz Republic have similar views as the General Prosecutor's Office staff. These agencies are not specified in the law of the Kyrgyz Republic on the list of the subjects of the law (on combating trafficking in persons) and at the moment their participation in activities relating to the prevention and combat of trafficking in persons and assisting victims is not clear. These agencies consider that such activities are not within their responsibilities.
According to the Regulations on the Ministry of Finance of the Kyrgyz Republic, the activities aimed at implementing norms of the provisions of the law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons", does not fall within the prerogative of the Ministry of Finance of the Kyrgyz Republic.
Accordingly, no special drafting of normative legal acts deriving from this Law shall be the responsibility of this Ministry.
Interviews with the staff members have identified that there are no funds allocated in the budget for the prevention and combating trafficking in persons. The Ministry has an opinion that all the issues related to the mentioned Law should be followed by the agencies with the functional responsibilities to deal with migration and employment of Formally and specifically the subjects of this Law have not requested the necessary funding to carry out the functions relating to the prevention and combat trafficking in persons. But within internal budget lines the management of the agency can make re- allocations of some lines of the budget to work on the issue of trafficking in persons.
The Ministry of Justice staff members believe that in accordance with the regulation on the Ministry of Justice of the Kyrgyz Republic, approved by the Government resolution of the Kyrgyz Republic dated December 15, 2009, No. 764, the implementation of activities on prevention and combating trafficking in persons is not within the competence of the Ministry of Justice.
The Ministry of Interior of the Kyrgyz Republic and its subdivisions shall be required to carry out activities to prevent, detect and combat offences related to trafficking in persons.
In 2014 a Directorate has been established under the General Directorate for criminal investigations in accordance with order No. 959 MoI as of November 28, 2014 to combat trafficking in persons, crimes against public morals and crimes among juveniles to provide urgent adequate and sound measures to combat trafficking in persons as well as for the implementation of the Law "On Preventing and Combating Trafficking in Persons". The interviewed MoI representatives demonstrated an understanding of the importance of identifying the VOT and emphasized the need for tactful treatment of victims, taking into account their status and vulnerability, as well as confidentiality.
In matters relating to referral of identified VoTs to the relevant organizations to assist them MoI has certain powers and having gathered evidence shall pass the case to the General Prosecutor's Office of the Kyrgyz Republic.
MoI has a regulation "On procedure for establishing the degree of the data secrecy categories and determination of the secrecy degree of the information contained in the documents and products" and "Inventory of the most important state secrets data", approved by the Government resolution of the Kyrgyz Republic dated 7 July No. 267/9, seizing documents and data with "Confidential," "For Official Use only" marks. VoTs personal data privacy policy has not yet been developed. MoI Action plan on execution of the NAP does not contain norms for qualified combating trafficking in persons both inside the country and abroad. Therefore, improving communications in relation to trafficking in persons have not yet become part of the system on increasing skills of MoI staff. According to monitoring such training events happen only by the initiative of the international organizations. Within the period of 2010-2015 the comprehensive work on TIP was not carried out in the MoI system and was of a fragmented nature only. MoI staff members are not aimed to combat TIP and MoI subdivisions do not have skills in the TIP subject. The initiative of holding training events for MoI staff to counter TIP belongs to non-governmental and international organizations.
The authorized body in the sphere of Foreign Affairs, diplomatic representatives and
consular institutions of the Kyrgyz Republic shall work to protect the rights and interests of citizens of the Kyrgyz Republic, victims of trafficking, who are outside the Republic. There were no normative acts found during the analysis at the MFA (internal documents, etc.) to implement the provisions of the law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons". Moreover, the MFA staff believes that it does not fall within their responsibilities. Victims of trafficking in persons are not categorized in the list of the persons to get free-of-charge Certificates to Return to the Kyrgyz Republic. They are however in the general list of person to return to the home country with the support of the Kyrgyz embassies and consular departments. In addition it appeared that there is no an internal form for VoTs identification at the MFA. In 2010 offices for migration and employment abroad were opened, which operate at embassies/consulates (Attaché for labour). During the reorganization of the agency on migration and the Ministry of Labour, Migration and Youth, handover of responsibilities over migration issues from the MFA to the new Department the staff remained at the MFA KR. This led to a weak performance by the new department on action against trafficking in persons, because at this time, this is generally only one Officer who still has other responsibilities in addition to issues relating to trafficking in persons and assisting victims of trafficking.
Cooperation with NGOs and international organizations is manifested in conducting large conferences, round tables, Governmental dialogues on trafficking in persons, but officially signed memorandums of cooperation with NGOs and international organizations do not exist, although employees of the MFA Diplomatic consular service work closely on an ongoing basis with IOM.
The authorized body in the sphere of national security and its territorial bodies shall
carry out activities to identify the links between international terrorist organizations with the organized crime groups and traffickers. The issues of combating trafficking in persons are regulated by the unit of SCNS Central Office consisting of 6 people, as well as relevant departments of the territorial units of the State Committee on National Security.
One of the interviewed security officers had noted that according to Article 163 of the Criminal Proceedings Code, the investigation of criminal cases involving offences against freedom, honour and dignity (art. 124 of the Criminal Code) is conducted by investigators of the MoI authorities, therefore, there is cooperation with the MoI in the course of the investigation of the crime and the prosecution of criminals. In the period from 2012 onwards SNSC has not instituted any criminal cases under Article 124 of the Criminal Code of KR.
No links of international terrorist organizations and organized crime groups with traffickers have been identified by the SCNS in recent years. No agreements in the field of international cooperation on anti-trafficking have been signalled by SCNS.
SCNS bodies have not produced any actions on reasoned petitions from the state bodies etc. for assistance to victims of trafficking.
The authorized body in the sphere of security and protection of the state border
shall provide service to identify, prevent and combat the activities of persons involved in trafficking in persons, as well as victims of trafficking in persons at the State border of the Kyrgyz Republic.
There is no special unit to deal with combating trafficking in persons. But in general representatives of the SBS staff have demonstrated knowledge of international and national legislation on combating trafficking in persons during the interview as well as an understanding of the importance of identifying the VoTs when crossing the state border. It was especially stressed that there is a need in proper treatment of victims taking into account their status and vulnerability.
As for the referrals of the identified VoTs and organization of any assistance to them the SBS has no such authority and simply passes the case materials in the SCNS.
The authorized body in the sphere of customs shall detect and prevent attempts by
traffickers crossing the customs border of the Kyrgyz Republic, and also the illegal movement of victims of trafficking in persons across the customs border of the Kyrgyz Republic. So the State Customs Service (SCS) intends to secede from the list of the law performers, recalling that the revealing of the facts of trafficking in persons and establishing persons interested in trafficking in persons do not fall within the competence of the SCS. In this regard, the SCS has developed a draft Law on amending the Law "On Preventing and Combating Trafficking in Persons", in particular part of exclusion from the list of entities to carry out activities to prevent and combat trafficking of the authorized body in the sphere of customs. Given that Kyrgyzstan has signed a number of cooperation programs of CIS member-states in combating trafficking in persons, where the Customs Service in some countries shall act as one of the program performers, the issue of excluding SCS from subjects of the Law requires careful consideration.
In accordance with Article 27 of the Law of the Kyrgyz Republic the Ministry of Social
Development has developed a "Provisions for the return of children to the Kyrgyz
Republic-Kyrgyz citizens left without parental care and being outside the Kyrgyz Republic, approved by Kyrgyz Republic Government resolution dated October 21, 2013, no. 571 with the aim to prevent cases of trafficking in children and protection of their rights.
The Ministry of Education of the Kyrgyz Republic shall develop educational programs
to train the authorized officials on preventing and combating trafficking in persons. The Ministry shall include the principles of preventing and combating trafficking in persons to the existing humanities subjects, highlighting the problems of the modern trafficking in persons and the legislative framework on combating trafficking in persons.
However, as it turned out, the Ministry at this time could not find internal documents aimed at implementing the provisions of the Law "On Preventing and Combating Trafficking in Persons". It was also revealed that the Ministry does not have fixed functions for specific officer and continuity with respect to combating trafficking in persons.
Educational policy in the sphere of preventing trafficking in persons is not systemic in its nature and limited to specific events. There is no a special TIP program. The Ministry of Education and Science has no cooperation with civil society and the international community on combating TIP. The Ministry's budget has no financing for these activities. Functionally the implementation of the present Law is assigned to one staff member only. Due to his full day devoted to the other tasks and responsibilities no time is left for TIP issues.
The activities of the Ministry of Health of the Kyrgyz Republic aims to provide diagnostic,
medical and rehabilitation assistance to patients in general, without the provision of a category of persons as victims of trafficking.
The State Agency for local self-governance and inter-ethnic relations under the
Government of the Kyrgyz Republic (SALSGIR) has stuck to the opinion that the
activities indicated in the Art.9 p.11 of the Law "On Preventing and Combating Trafficking in Persons" do not fall within the competence of local self- governments (LSG). In this connection, SALSGIR has suggested that part of Art. 9 p.11 shall be read as follows: "local self-governance bodies shall assist in the enforcement of measures to prevent and combat trafficking in persons at the local level".
The State Registration Service of the Kyrgyz Republic has not provided a specialist for
the interview. Full text of the report on the analysis of the monitoring is attached.
Based on the foregoing, the Committee on Social Policy of Jogorku Kenesh has decided: 1. Information of member of Jogorku Kenesh of the Kyrgyz Republic, the Chairman of the Inter-Agency Commission of the Committee on Social Policy on preventing and combating trafficking in persons in the Kyrgyz Republic Ms. Kadyralieva Y.K. "On the results of the monitoring and analysis of the implementation of the Law of the Kyrgyz Republic "On Preventing and Combating Trafficking in Persons" to be taken into consideration.
2. Jogorku Kenesh Committee on Social Policy to send the petition to the President of the Kyrgyz Republic on the establishment of a National Council reporting to the President on trafficking in persons, coordinating the activities of bodies to prevent and combat trafficking in persons.
3. The Government of the Kyrgyz Republic to take measures to: - improve legislation in the field of preventing and combating trafficking in persons, including the harmonization of national laws with international instruments aimed at combating trafficking in persons; - implement the recommendations of the monitoring results of the Law of the Kyrgyz Republic "On preventing and combating trafficking in persons (recommendations - define the authorized body for coordinating the activities of bodies of executive power on preventing and combating trafficking in persons; - ensure the implementation of the Law by enforcement authorities; - conduct functional analysis of the implementation of the National Action Plan on combating trafficking in persons; - include funds in the national budget for implementation of the Law on an annual - raise the level of professional skills of staff from relevant ministries and departments responsible for the activities in TIP issues; - monitor the activities of private employment agencies abroad and marriage agencies; - implement the resolution of the Jogorku Kenesh of the Kyrgyz Republic No. 3199- V from June 12, 2013; - expand and improve cooperation in combating trafficking in persons with international organizations and civil society in the Kyrgyz Republic, dealing with trafficking in persons; - with a view to eliminating duplication of activities of international organizations, to hold a meeting with international organizations to discuss further cooperation in supporting the implementation of tasks in combating trafficking in persons; - submit a report on implementation of the present decision to the Jogorku Kenesh Committee on Social Policy by 1 October 2015.
4. The Jogorku Kenesh Committee on Social Policy to: - hold parliamentary hearing on 29 June 2015 on the results of monitoring the implementation of the Law of the Kyrgyz Republic "On preventing and combating trafficking in persons"; - coordinate support with international donors in raising awareness of the members of the Jogorku Kenesh of the Kyrgyz Republic, enhance qualifications of the staff of the Office of Jogorku Kenesh of the Kyrgyz Republic and the competent executive power structures through the organization of training trips to exchange experience in combating trafficking in persons at the international level. 5. Control over execution of the Decision to be assigned to the Jogorku Kenesh Committee on Social Policy.
The Chairman of the Committee Sakebaev E.A.
LAW OF THE KYRGYZ REPUBLIC
as of March 17, 2005 No. 55
"On Preventing and Combating Trafficking in Persons"
(As amended by the KR laws dated May 19, 2011 year N 29, November 18, 2011 year N 218) Present Law determines the legal framework for preventing and combating trafficking in persons, the procedure of coordination of the activities of the authorities responsible for combating trafficking in persons, establishes a system of measures to protect and assist victims of trafficking.
Chapter I. General provisions
Article 1. Terms used in the present Law:
Trafficking in persons - recruitment, transportation, harboring, receiving, transfer,
purchase and sale of the person or other illegal transaction with his/her consent or without consent, carried out by coercion, abduction, fraud, deception, stealing, for the purpose of exploitation or benefits;
recruitment – hiring, engagement of a person in performance of any work, involvement
in any activity, including illegal activities, involvement in the organizations, including unlawful;
country of destination – country where physical exploitation of the victim of trafficking
or forced labor take place;
country of origin – country from where the transportation of the victims of trafficking
is carried out; or citizens of which are the victims of trafficking; or on territory of which the organization involved in trafficking in persons or serving as a cover for trafficking in persons is registered as a legal entity;
country of transit – country through the territory of which the activities on trafficking in
persons are carried out;
victim of trafficking (VoT) - the person affected by trafficking in persons regardless of
his/her consent to recruitment, transportation, transfer, sale or other actions connected with trafficking;
forced labor - any work or service received under the threat of punishment, without a
person's will;
slavery – condition or situation of the person when some or all principles of the right of
property are applied towards him or her;
trafficker – a person or legal entity who independently or in a group of persons makes
any actions connected with trafficking in persons as well as an official who promotes trafficking, and equally does not interfere and does not resist to it though is obliged to do so under the entitled powers; shelter - special entity carrying out activities for combating trafficking in persons,
established pursuant to the order of the present Law, which is aimed at providing victims of trafficking with shelter (temporary residence).
center - special entity carrying out activities for combating trafficking in persons,
established pursuant to the order of the present Law, which is aimed at providing consultative, legal, social assistance to the victims of trafficking;
exploitation - involvement of the person in criminal activity; involvement of a person
in prostitution or other sexual services, forced labor or services, slavery, adoption for commercial purposes, use in armed conflicts;
combating trafficking in persons – set of actions aimed at preventing, identifying,
suppressing and minimizing the consequences of trafficking in persons and providing assistance to the persons affected by trafficking in persons;
protection of the victims of trafficking - actions tailored to protect the violated rights of
the persons affected by trafficking;
assistance to the victims of trafficking in persons - actions including medical,
psychological, social, legal, informational and other assistance to the persons affected by trafficking.
(As amended by the KR law dated November 18, 2011, N 218) Article 2. The purposes of the present Law:
- preventing activities involving smuggling of and trafficking in persons;- combating smuggling and trafficking in persons;- protection of and assistance to victims of trafficking.
Article 3. The basic principles of the present law
The present Law is based on the following principles: - secure constitutional principles of human and civil rights and freedoms;- recognition of trafficking in persons as a social-dangerous act;- the right to the protection of victims of trafficking, without exception;- protection and assistance to victims of trafficking in persons regardless of the behaviour of these individuals or their willingness to testify against traffickers; - the inevitability of punishment for trafficking in persons;- humanism;- compliance with the norms of international law in combating smuggling and trafficking in persons; - citizen participation in activities to prevent and combat smuggling and trafficking;- formation of understanding personal responsibility of citizens for their own freedom, life and health, as well as the freedom of others.
(As amended by the KR law dated November 18, 2011, N 218) Article 4. Legislation of the Kyrgyz Republic in the area of preventing and
combating trafficking in persons
Legislation of the Kyrgyz Republic in the area of preventing and combating trafficking in persons consists of the Constitution of the Kyrgyz Republic, the present law and other normative legal acts of the Kyrgyz Republic regulating the activities on preventing and combating trafficking in persons, the protection of victims of trafficking, as well as their relatives. International treaties and agreements to which the Kyrgyz Republic is a party and which have entered into force in accordance with the law are an integral part of the legislation of the Kyrgyz Republic in the area of preventing and combating trafficking in persons.
Article 5. Grounds for the State policy in the field of preventing and combating
trafficking in persons
1. State policy in the field of preventing and combating trafficking in persons envisages the unity of actions by the public authorities, local self-governments and non- governmental organizations to prevent and combat trafficking in persons.
2. State policy in the field of preventing and combating trafficking in persons is based on the following:- prioritization of protection of the freedom, life and health of a human being and a - coordination of activities in the field of preventing and combating trafficking in persons with the other areas of social, economic and migration policies; - independent and effective oversight and monitoring of the implementation of legislation of the Kyrgyz Republic in the area of preventing and combating trafficking in persons; - development and implementation of an effective mechanism to prevent and combat trafficking in persons; - development and implementation of national programmes for the prevention and combating trafficking in persons, the financing of research work in the field of preventing and combating trafficking in persons; - ensure free medical and legal assistance to victims of trafficking and their protection;- the compulsory investigation and recording of each statement on the fact of trafficking and follow-up to prevent its causes, as well as making publicity to such cases; - social protection of victims of trafficking;- training of specialists for the prevention and suppression of trafficking in persons of the law enforcement, immigration and other relevant bodies; - full support to the activities of non-governmental organizations and individuals, aimed at preventing and combating trafficking in persons; - international cooperation in solving problems on prevention and combating trafficking in persons.
Chapter II. Principles on organization of activities
to prevent and combat trafficking in persons
Article 6. Entities carrying out activities to prevent and combat trafficking in
1. The main entity to prevent and combat trafficking in persons and provide with the necessary funds and resources shall be the Government of the Kyrgyz Republic.
2. The executive authorities shall organize work of subordinate bodies for the enforcement of the legislation of the Kyrgyz Republic regulating issues of preventing and combating trafficking in persons.
3. Entities carrying out activities to prevent and combat trafficking in persons within its competences are:• Government's Office of the Kyrgyz Republic• Ministry of Interior of the Kyrgyz Republic• Ministry of Foreign Affairs of the Kyrgyz Republic, diplomatic representations and consular department of the Kyrgyz Republic; • State Committee on National Security of the Kyrgyz Republic• State Border Service of the Kyrgyz Republic• Department of Customs Service of the Revenue Committee under the Ministry of Finance of the Kyrgyz Republic; • Ministry of Labour and Social Protection of the Kyrgyz Republic;• Ministry of Education of the Kyrgyz Republic• Ministry of Health of the Kyrgyz Republic• Local self-governments and local administrations 4. Actors involved in the prevention, identification and suppression of trafficking in persons, within the limits of their competences, are other executive bodies as well, of which a list is determined by the Government of the Kyrgyz Republic.
5. In the event of a reorganization or renaming the functions of the aforementioned bodies of executive power in preventing and combating trafficking in persons pass to their cessionaries.
6. Coordination of activities of the agencies on preventing and combating trafficking in persons is carried out by the authorized body, as determined by the President of the Kyrgyz Republic. Article 7. The powers of the Government of the Kyrgyz Republic in the area of
preventing and combating trafficking in persons
1. The powers of the Government of the Kyrgyz Republic in the area of preventing and combating trafficking in persons are:- development of the State policy in the field of preventing and combating trafficking in persons and its implementation; - development and adoption of normative legal acts of the Kyrgyz Republic in the area of preventing and combating trafficking in persons, control over their observance; - development, approval and implementation of national programmes in the field of preventing and combating trafficking in persons; - introduction of special departure regimes of citizens for employment to the countries that do not comply with minimal international standards for the prevention and suppression of trafficking in persons; - creation and maintenance of a unified system of State management in the area of preventing and combating trafficking in persons; - international cooperation in preventing and combating trafficking in persons and fulfillment of the international treaty obligations.
2. In order to protect and assist victims of trafficking, the Government of the Kyrgyz Republic shall, in close cooperation with non-governmental organizations:- develop and adopt normative legal acts of the Kyrgyz Republic on assistance and protection to victims of trafficking; - develop, maintain and implement programmes to assist and protect victims of - provide measures to protect the rights and interests of victims of trafficking in persons who have returned to the Kyrgyz Republic - conduct activities to improve the return of victims of trafficking;- monitor the assistance to victims of trafficking.
(As amended by the KR law dated November 18, 2011, N 218) Article 8. The authorized body for the coordination of activities relating to
preventing and combating trafficking in persons
1. The procedure for the formation and activities of the authorized body on preventing and combating trafficking in persons (hereinafter referred to as the authorized body) in accordance with the present law is defined by the Regulations on the authorized body, approved by the President of the Kyrgyz Republic.
2. The authorized body shall be responsible for the following tasks: a) develop public policy within framework on preventing and combating trafficking in persons in the Kyrgyz Republic and recommendations aimed at improving the efficiency of the work to identify and eliminate the causes and conditions that give rise conditions to the trafficking in persons. b) collect and analyze information on the volume, status and trends of trafficking in persons in the Kyrgyz Republic; c) consider proposals of the executive authorities on the establishment of shelters for temporary accommodation of victims of trafficking, as well as monitor the work and functioning of the institutions to prevent and combat trafficking in persons in accordance with their assigned tasks; d) take part in the preparation of international agreements of the Kyrgyz Republic in the field of the preventing and combating trafficking in persons; e) develop suggestions on enhancement of the legislation of the Kyrgyz Republic in the field of the prevention and combat trafficking in persons; f) organize advocacy campaigns on trafficking in persons for the citizens; 3. The authorized body composition includes as equal members the representatives of public associations and non-governmental international organizations that have their offices in the Kyrgyz Republic, carrying out activities on preventing and combating trafficking in persons.
4. The authorized institution shall have a legal status. (As amended by the KR law dated May 19, 2011, No. 29) Article 9. The competence of the entities carrying out activities on preventing
and combating trafficking in persons.
1. Entities carrying out activities to prevent and combat trafficking in persons, shall be guided in its activities by present Law, other laws, in accordance with the legally enforced international treaties and agreements to which the Kyrgyz Republic is a party to, and the generally recognized principles and norms of international law, as well as issued normative legal acts regulating this activity. 2. The General Prosecutor's Office of the Kyrgyz Republic within its field of competence shall carry out activities to prevent and combat trafficking in personsin accordance with the legislation of the Kyrgyz Republic.
3. The Ministry of Internal Affairs of the Kyrgyz Republic and its territorial bodies carrying out activities for the prevention, detection and suppression of offences related to trafficking in persons, as well as prevent, detect and suppress international activities on trafficking in persons, in accordance with the criminal procedure law are shall conduct investigation of criminal cases of such crimes.
4. The Ministry of Foreign Affairs of the Kyrgyz Republic, diplomatic missions and consular institutions of the Kyrgyz Republic shall protect the rights and interests of citizens of the Kyrgyz Republic, victims of trafficking in persons outside the Kyrgyz 5. The National security service of the Kyrgyz Republic and its territorial bodies shall carry out activities to identify the links between international terrorist organizations with the organized crime groups and traffickers.
6. Border Service of the Kyrgyz Republic shall provide service to identify, prevent and combat the activities of persons involved in trafficking in persons, as well as victims of trafficking in persons at the State border of the Kyrgyz Republic.
7. Department of Customs Service of the revenue Committee under the Ministry of Finance of the Kyrgyz Republic shall detect and prevent attempts by traffickers crossing the customs border of the Kyrgyz Republic, and also the illegal movement of victims of trafficking in persons across the customs border of the Kyrgyz Republic.
8. The Ministry of Labour and Social Protection of the Kyrgyz Republic shall develop proposals for assistance to victims of trafficking in persons and the maintenance of special institutions for their inclusion to the national program on preventing and combating trafficking in persons and other State programs.
9. The Ministry of Education of the Kyrgyz Republic shall develop educational programs to train the authorized officials on preventing and combating trafficking in persons. The Ministry shall include the principles of preventing and combating trafficking in persons to the existing Humanities subjects, highlighting the problems of the modern trafficking in persons and the legislative framework on combating trafficking in 10. The Ministry of Health of the Kyrgyz Republic shall develop programmes to provide medical aid including psychiatric assistance to victims of trafficking, as well as special 11. Local state administration and local self-government bodies shall: - develop and provide implementation of measures to prevent and combat trafficking in persons at the local level; - cooperate within programmes with NGOs and international organizations operating in the relevant territory; - conduct advocacy campaigns among the local population on prevention of trafficking 12. The funds necessary to carry out the duties to prevent and combat trafficking in persons, shall be provided for in the relevant articles of the law on Republican budget for the current year, establishing funding for the relevant executive authority.
(As amended by the KR laws dated May 19, 2011, N 29, November 18, 2011, N 218) Article 10. The main functions of the entities involved in activities to prevent
and combat trafficking in persons.
Executive authorities enumerated in Article 6 of present Law and their territorial bodies shall be involved in activities relating to preventing and combating of trafficking in personswithin its competence through the development and implementation of prevention, sensitive, organizational, informational, educational and other measures to prevent, detect and combat trafficking in persons.
The procedure for providing information, logistical and financial tools, vehicles and communication equipment, medical equipment and medicines to the specialized institutions that provide assistance to victims of trafficking shall be established by the Government of the Kyrgyz Republic.
Article 11. Assistance to authorities involved in preventing and combating
trafficking in persons.
1. Executive authorities of the Kyrgyz Republic, local self-governments, public associations and non-governmental organizations, and other officials shall provide assistance to the bodies involved in activities preventing and combating trafficking in 2. It is a civil duty of the citizens to inform the law enforcement authorities on any known information about trafficking in persons and any other circumstances which could contribute to the prevention, detection and suppression of trafficking in persons, as well as minimizing its effects. In the case of the concealment of particularly serious offences related to trafficking in persons, the perpetrator shall be punished in accordance with the legislation of the Kyrgyz Republic.
Chapter III. Liability for the organization and implementation
of trafficking in persons
Article 12. Liability for the organization and implementation of trafficking in
1. Persons involved in the organization and implementation of trafficking shall be prosecuted under the legislation of the Kyrgyz Republic.
2. The behavior of a victim of trafficking, expressed in an unwillingness or inability to change their anti-social behavior associated with trafficking in persons, cannot exclude liability of trafficking in accordance with the legislation of the Kyrgyz Republic, as well as be seen as softening their guilt.
3. A victim of trafficking in persons shall be liable to administrative or criminal liability for acts of administrative or criminal offence, if the offence was committed by the victim as a result of his/her involvement in the process of trafficking in persons.
Article 13. Features of the criminal and civil proceedings in cases of trafficking
in persons
Crimes related to trafficking in persons as well as cases of compensations to victims of trafficking in persons by a court decision can be considered in closed court sessions with the observance of all the rules of legal procedure.
Article 14. Liability of legal persons for trafficking in persons
1. In the event the Court establishes the fact of trafficking by organizing-legal entity having a license to carry out activities, which served as the cover of knowingly trafficking, such legal entity shall be liquidated in accordance with the Court's 2. In the event the Court recognizes an international organization (its department, branch, representative office) registered outside the territory of the Kyrgyz Republic, known to be involved in trafficking activities of an international organization (its department, branch, representative office) in the territory of the Kyrgyz Republic such international organization shall be prohibited.
3. Statement of the prosecution in relation to the organization managers - a legal entity, international organization (its department, branch, representative office) located on the territory of the Kyrgyz Republic, for involvement in trafficking in persons shall be sent to the Court by the General Prosecutor of the Kyrgyz Republic or subordinate Chapter IV. Prevention of trafficking in persons
Article 15. Information policy in the sphere of prevention of trafficking in
Information policy of the Kyrgyz Republic in the area of prevention of trafficking in persons shall be implemented regularly through informing the population of the Republic by the state bodies and local self-government on: - targeted programs for preventing and combating trafficking in persons;- methods and tools for preventing and combating trafficking in persons.
Article 16. Educational policy in the sphere of prevention of trafficking in
Educational policy of the Kyrgyz Republic in the area of prevention of trafficking in persons is implemented by: - inclusion of thematic courses on prevention of trafficking in persons to the training programmes of the organizations of primary, secondary and higher education; - training and retraining of state authorities to prevent and combat trafficking in persons.
Article 17. The right to get information on the status of working conditions of
the citizens leaving to work abroad
1. The employer, when recruiting workers travelling abroad shall inform them of the status of working conditions, accruing benefits and compensation as well as measures taken to ensure the health and safety at work.
2. The employer who provided the information shall be liable for its completeness and correctness in accordance with legislation of the Kyrgyz Republic.
Article 18. Measures to prevent and combat trafficking in persons
In order to prevent, combat and punish trafficking in persons, authorized state bodies carrying out passport and visa, border and customs control, shall organize and conduct activities within its competences in: - identification and registration of individuals crossing or attempting to cross the State border of the Kyrgyz Republic without travel documents or with documents belonging to other persons, traffickers or the victims of such trafficking; - development and improvement of the system of measures to prevent offences involving trafficking in persons; - informational and analytical activities to prevent and combat trafficking in persons;- training and re-training of professional skills of the staff on combating trafficking in - interaction with special services, law enforcement agencies and organizations of foreign states, to carry out tasks relating to the preventing and combating trafficking Article 19. Automated data base on trafficking offences
For the purpose of preventing and combating trafficking in persons by the authorized body shall create an automated data base on trafficking offences, connected with the information systems of other state bodies.
Chapter V. Special agencies to provide protection and assistance
to victims of trafficking
Article 20. Special agencies to provide protection and assistance to victims of
1. In order to provide protection and assistance to victims of trafficking, in full accordance with their basic rights in the Kyrgyz Republic the following institutions shall be established: a) shelters for temporary accommodation of victims of trafficking;b) centers to provide support and assistance to victims of trafficking.
2. Relevant bodies of executive power and bodies of local self-government shall allocate funds from their budgets, necessary for the formation and functioning of the institutions referred to in paragraph 1 of this article, in accordance with present Law and other normative legal acts of the Kyrgyz Republic.
Article 21. Shelters for temporary accommodation of victims of trafficking
1. Shelters for temporary accommodation of victims of trafficking in persons(hereinafter referred to as the shelter) shall be created by the state, municipal authorities and public associations for the purpose of providing of civilized living conditions and personal care for victims of trafficking, providing food and medicines to persons in the shelter, emergency medical, psychiatric, social, legal and other assistance, to protect their security, as well as helping to establish contacts with their relatives.
2. Shelter shall be created by: a) the authorized body according to the proposal of the competent executive power;b) legal entities with the state or municipal ownership in accordance with present Law and other normative legal acts of the Kyrgyz Republic.
3. Shelter shall be granted to a person, recognizing himself/herself a victim of trafficking in persons, by his personal request for a period of ten days, regardless of the behavior of this person or his willingness to testify against traffickers.
4. The period of shelter providing, stated by the paragraph 3. This article may be extended for the duration of the case proceedings on the proposal of the authorized body, investigation or court bodies or by a reasoned request of the person affected by trafficking in persons.
5. The rules and regulations of the shelter organization, the order of activities, management, funding and organization of monitoring over the activities in accordance with present Law shall be determined by the Government of the Kyrgyz Republic.
(As amended by the KR law dated November 18, 2011, N 218) Article 22. Centers of support and assistance to victims of trafficking
1. Centers of support and assistance to victims of trafficking in persons(hereinafter referred to as the Centre) may be established by the authorized body or public 2. The core functions of the centers are: a) providing of information in plain language on available form on the existing judicial and administrative procedures to protect the interests of victims of b) providing of qualified psychiatric and medical care;c) social rehabilitation of victims of trafficking.
3. Financing of the centers' activities shall be on the founders.
Article 23. Cooperation with public associations and non-governmental
1. When creating shelters and centers under the Articles 20-22 of the present Law, the authorized body shall involve associations and non-governmental organizations working in the field of preventing and combating trafficking in persons.
2. The authorized body shall provide organizational, financial and other assistance to the activity of public associations and non-governmental organizations, aimed at preventing and combating trafficking in persons and assisting victims of trafficking.
3. Financial support to the public association or non-governmental organization may be given out of the republican budget funds, in case when the program preventing and combating of trafficking in persons or the creation of the Shelter or the Center proposed by the public association or non-governmental organization shall be incorporated to the state program on preventing and combating trafficking in persons other government programs based on the competitive process results.
(As amended by the KR law dated November 18, 2011, N 218) Chapter VI. Social rehabilitation and protection of victims of trafficking in persons
Article 24. Social rehabilitation of victims of trafficking in persons
1. Social rehabilitation of victims of trafficking in persons shall be carried out with a view to their return to a normal lifestyle, including legal assistance to these persons, their psychological, medical, vocational rehabilitation, employment, provision with 2. Social rehabilitation of victims of trafficking in persons shall be carried out by funds of the republican budget of the Kyrgyz Republic.
3. Rules and procedures of social rehabilitation of victims of trafficking in persons shall be determined by the Government of the Kyrgyz Republic in accordance with present Article 25. Assistance to victims of trafficking in persons and the measures for
their protection
1. Assistance to victims of trafficking in persons should be provided by the state bodies of an executive power, the authorized body, shelters and centers under their jurisdiction in accordance with present Law and other normative legal acts upon substantiated request of the investigation bodies, the investigator, the prosecutor, the court. 2. Access to data on the identity of victims of trafficking in persons in reference services and reference funds shall be closed on the basis of the decision of the body conducting investigative activities, the investigator, the prosecutor, the court. 3. It shall not be allowed to disseminate information about victims of trafficking in persons or on circumstances of trafficking in persons, capable of a threat to the life or health of the victim of trafficking, or his or her close relatives, as well as on persons assisting in preventing and combating trafficking in persons.
4. In case of a real risk to life and health of the victims of trafficking in persons the person shall be given the opportunity to change the name, surname, patronymic, date and place of birth in accordance with the legislation of the Kyrgyz Republic upon decision of the court, the prosecutor, investigator, the authority conducting investigative activities following the request from the victim of trafficking 5. Disclosure of information on the security measures and confidential information about victims of trafficking in persons as well as the disclosure of the investigation and information on the security measures applicable to persons involved in criminal proceedings, shall be prosecuted in accordance with the legislation of the Kyrgyz 6. Officials of the executive authorities, as well as employees of public associations and non-governmental organizations involved in activities relating to the preventing and combating trafficking in persons shall be liable for disclosure of confidential information on victims of trafficking in persons and for the failure to provide assistance to such persons in accordance with the legislation of the Kyrgyz Republic. Article 26. Responsibilities of diplomatic representations and consular
establishments of the Kyrgyz Republic on assistance and protection of victims
1. Diplomatic missions and consular institutions of the Kyrgyz Republic outside the Kyrgyz Republic shall be working to protect the rights and interests of citizens of the Kyrgyz Republic, victims of trafficking in persons in the state of their stay and contribute to their return to the Kyrgyz Republic in accordance with its powers, and the legislation of the host country.
2. In case of loss or inability to confiscate from traffickers identification documents of citizens of the Kyrgyz Republic - victims of trafficking, the consular authorities of the Kyrgyz Republic together with the executive bodies of the Kyrgyz Republic responsible for internal affairs, shall register and issue identification documents to such citizens in quick terms qualify for their return to the Kyrgyz Republic.
3. In accordance with the laws of the Kyrgyz Republic and the laws of the host country diplomatic representatives and consular institutions of the Kyrgyz Republic shall be obliged to provide information on the legislation of the Kyrgyz Republic to prevent and combat trafficking in persons to the relevant bodies of executive power of the host country as well as distribute information on the rights of victims of trafficking in persons among the relevant persons.
Article 27. Assistance to children-victims of trafficking
1. In the case of assistance to child victims of trafficking in persons all possible measures should be taken in accordance with the prior interests of the child and the UN Convention on the rights of the child. 2. The authorized body, shelters and centers shall immediately notify the executive authorities of the Kyrgyz Republic responsible for trusteeship and guardianship, if they have information about a child-victim of trafficking in persons, in order to ensure and protect the rights of the child in accordance with the legislation of the Kyrgyz 3. In case of placement of children-victims of trafficking in persons in the shelter, they shall be separated from adults.
4. Child victims of trafficking, placed in the shelter, shall be provided with the opportunity to attend public educational institutions in accordance with the Kyrgyz Republic's law "On education".
5. In the case of a child victim of trafficking in persons remaining without parental care or not being aware of the whereabouts of his family, family tracing or establishment of guardianship or curatorship over him shall be provided in accordance with the legislation of the Kyrgyz Republic.
(As amended by the KR law dated November 18, 2011, N 218) Article 28. State guarantees for the victims of trafficking in persons
1. Victim of trafficking in persons must be recognized by the court, prosecutor, investigator, in accordance with the applicable legislation on criminal procedure of the Kyrgyz Republic, the victim shall not be prosecuted by the law enforcement agencies or kept in places of temporary detention (temporary detention center, detention facility.
2. The court, the prosecutor, the investigator shall take security measures provided for by the criminal procedure legislation of the Kyrgyz Republic, in respect of victims of trafficking in persons, which stated its willingness to cooperate with authorities in the investigation in order to detect persons suspected of trafficking in persons.
3. If a foreign citizen or person without citizenship is a victim of trafficking, recognized in accordance with the current legislation on criminal procedure of the Kyrgyz Republic, the victims shall witness in a criminal case or assist bodies carrying out investigative activities, upon substantiated request of the court, the prosecutor, the investigator and the investigation bodies. Measures of deportation pending a decision in the criminal proceedings against perpetrators of trafficking cannot be applied to such persons. A victim of trafficking in persons shall be granted the right of temporary residence in the Kyrgyz Republic, irrespective of the circumstances of the person's entry to the Kyrgyz Republic. The decree on the appointment of the administrative penalties for violations related to trafficking in persons shall be terminated against such persons on substantiated request of the relevant body if a criminal case was initiated based on the fact of trafficking in persons and the victim of trafficking in persons was recognized as a victim or a person who provided aid to investigation bodies in identification of trafficking in persons facts or search of the wanted traffickers.
4. The Ministry of Interior of the Kyrgyz Republic or its territorial bodies in accordance with the Kyrgyz Republic's law " On the legal status of foreign citizens in the Kyrgyz Republic" shall sign and issue the residence permit in the Kyrgyz Republic without regard to the length of stay in the Kyrgyz Republic to the foreign citizen or person without citizenship, victims of trafficking, who had provided assistance to the investigation, conducting investigative activities, in denouncing the person (s) accused of trafficking.
5. The provision in par.2 of this Article, shall not be applied to a foreign citizen or person without citizenship who is a victim of trafficking in persons but does not have documents certifying his identity, and refused to assist competent authorities in establishing their identity.
6. Measures of assistance and security, provided for in para.2-3 of this article may be cancelled on the following grounds: a) The victim of trafficking in persons regained communication with persons in respect of which investigations have been conducted, the investigation or proceeding without coercion exercised by these persons; b) reliably established fact that the willingness of the person to cooperate with authorities conducting investigation, inquiry and court is false or the person's evasion of further cooperation; in) such persons void petition for termination of the appointment of the administrative c) such persons void petition for termination of the appointment of the administrative penalties for acts they committed previously, if the Statute of limitations has expired on the execution of the decisions of the sentencing.
(As amended by the KR law dated May 19, 2011, No. 29) Chapter VII.
International cooperation of Kyrgyz Republic
on preventing and combating trafficking in persons
Article 29. International cooperation of the Kyrgyz Republic to prevent and
combat trafficking in persons
The Kyrgyz Republic and its competent authorities shall cooperate in preventing and combating trafficking in persons with the foreign states and their competent authorities, as well as with international organizations working to prevent and combat trafficking in persons in accordance with the norms and principles of the international law.
Article 30. The jurisdiction of the Kyrgyz Republic to prevent and combat
trafficking in persons
Kyrgyz Republic, guided by the interests of the safety and security of individuals, society and the State, given the transnational character of trafficking in persons, pursues on its territory the persons involved in trafficking in persons, including the cases where trafficking in persons or its individual stages are carried out outside the Kyrgyz Republic, caused harm to Kyrgyz citizens or to the Kyrgyz Republic and in other cases stipulated in the order established by the law of the acting international treaties, whereto the Kyrgyz Republic is a member.
Chapter VIII. Final provisions
Article 31. Financing of activities related to the preventing and combating of
trafficking in persons as well as protection of and assistance to persons affected
by these actions.
1. Financing of activities related to the preventing and combating of trafficking in persons as well as protection of and assistance to persons affected by these actions shall be carried out from both budgetary and extra-budgetary funds.
2. Sources of funding for activities on preventing and combating the smuggling and trafficking in persons are:- the funds from the republican and local budgets;- the funds derived from the confiscated property of physical persons and the transformation of the legal entities' property to the state ownership on the basis of a court decision, regardless of their form of ownership, located on the territory of the Kyrgyz Republic for activities related to the smuggling and trafficking of humans - financing of international organizations;- other sources which do not contradict the legislation of the Kyrgyz Republic.
3. Budget allocations to prevent and combat the smuggling and trafficking in persons as well as protection of and assistance to victims of these actions (the republican and local budgets) allocated to the relevant budgets in a separate line shall be used for running costs of the offices working on preventing and combating trafficking in persons, financing of research work, implementation of the state targeted programmes to prevent and combat the smuggling and trafficking in persons, as well as assist those affected by these actions. 4. Non-governmental organizations shall have the right to establish funds to prevent and combat the smuggling and trafficking in persons, to assist those affected by these 5. Funds may be established at the national and local levels.
Article 32. Supervision over the implementation of the present Law
Supervision over the exact and unified implementation of present Law shall be carried out by Prosecutor General of the Kyrgyz Republic and the subordinate prosecutors.
Article 33. Entry of present Law into force
1. The present Law shall enter into force on the day of its official publishing. Published in the newspaper "Erkintoo" as of April 1, 2005 No 28.
2. The Government of the Kyrgyz Republic, within the period of 6 months, shall bring its normative acts in compliance with the present Law.
3. Paragraph 4 of Article 25 of the present Law shall enter into force on the date of entry into force of the Law of the Kyrgyz Republic's law "On acts of civil status".
Pending the entry into force of the Law of the Kyrgyz Republic "On acts of civil status" the rules of section V of the "Marriage and family" code of the Kyrgyz SSR "Acts of civil status" shall be valid (Newsletter of the Supreme Council of the Kyrgyz SSR, 1969, No. 20, art. 167).
4. The articles of the present Law, providing for the allocation of funds from the republican budget of the Kyrgyz Republic shall enter into force from the date of entry into force of the Law "On republican budget of the Kyrgyz Republic for the current The President of the Kyrgyz Republic A. Akaev Adopted by the Legislative Assembly of the Jogorku Kenesh on January 4, 2005 United Nations Convention against
Transnational Organized Crime
Article 1. Statement of purpose
The purpose of this Convention is to promote cooperation to prevent and combat transnational organized crime more effectively.
Article 2. Use of terms
For the purposes of this Convention:(a) "Organized criminal group" shall mean a structured group of three or more persons, existing for a period of time and acting in concert with the aim of committing one or more serious crimes or offences established in accordance with this Convention, in order to obtain, directly or indirectly, a financial or other material benefit; (b) "Serious crime" shall mean conduct constituting an offence punishable by a maximum deprivation of liberty of at least four years or a more serious penalty; (c) "Structured group" shall mean a group that is not randomly formed for the immediate commission of an offence and that does not need to have formally defined roles for its members, continuity of its membership or a developed structure; (d) "Property" shall mean assets of every kind, whether corporeal or incorporeal, movable or immovable, tangible or intangible, and legal documents or instruments evidencing title to, or interest in, such assets; (e) "Proceeds of crime" shall mean any property derived from or obtained, directly or indirectly, through the commission of an offence; (f) "Freezing" or "seizure" shall mean temporarily prohibiting the transfer, conversion, disposition or movement of property or temporarily assuming custody or control of property on the basis of an order issued by a court or other competent authority; (g) "Confiscation", which includes forfeiture where applicable, shall mean the permanent deprivation of property by order of a court or other competent authority; (h) "Predicate offence" shall mean any offence as a result of which proceeds have been generated that may become the subject of an offence as defined in article 6 of this (i) "Controlled delivery" shall mean the technique of allowing illicit or suspect consignments to pass out of, through or into the territory of one or more States, with the knowledge and under the supervision of their competent authorities, with a view to the investigation of an offence and the identification of persons involved in the commission of the offence; (j) "Regional economic integration organization" shall mean an organization constituted by sovereign States of a given region, to which its member States have transferred competence in respect of matters governed by this Convention and which has been duly authorized, in accordance with its internal procedures, to sign, ratify, accept, approve or accede to it; references to "States Parties" under this Convention shall apply to such organizations within the limits of their competence.
Article 3. Scope of application
1. This Convention shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of: (a) The offences established in accordance with articles 5, 6, 8 and 23 of this (b) Serious crime as defined in article 2 of this Convention; where the offence is transnational in nature and involves an organized criminal 2. For the purpose of paragraph 1 of this article, an offence is transnational in nature if: (a) It is committed in more than one State;(b) It is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State; (c) It is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State; or (d) It is committed in one State but has substantial effects in another State.
Article 4. Protection of sovereignty
1. States Parties shall carry out their obligations under this Convention in a manner consistent with the principles of sovereign equality and territorial integrity of States and that of non-intervention in the domestic affairs of other States.
2. Nothing in this Convention entitles a State Party to undertake in the territory of another State the exercise of jurisdiction and performance of functions that are reserved exclusively for the authorities of that other State by its domestic law.
Article 5. Criminalization of participation in an organized criminal group
1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally: (a) Either or both of the following as criminal offences distinct from those involving the attempt or completion of the criminal activity:(i) Agreeing with one or more other persons to commit a serious crime for a purpose relating directly or indirectly to the obtaining of a financial or other material benefit and, where required by domestic law, involving an act undertaken by one of the participants in furtherance of the agreement or involving an organized criminal group; (ii) Conduct by a person who, with knowledge of either the aim and general criminal activity of an organized criminal group or its intention to commit the crimes in question, takes an active part in:a. Criminal activities of the organized criminal group;b. Other activities of the organized criminal group in the knowledge that his or her participation will contribute to the achievement of the above-described (b) Organizing, directing, aiding, abetting, facilitating or counselling the commission of serious crime involving an organized criminal group.
2. The knowledge, intent, aim, purpose or agreement referred to in paragraph 1 of this article may be inferred from objective factual circumstances.
3. States Parties whose domestic law requires involvement of an organized criminal group for purposes of the offences established in accordance with 8 paragraph 1 (a) (i) of this article shall ensure that their domestic law covers all serious crimes involving organized criminal groups. Such States Parties, as well as States Parties whose domestic law requires an act in furtherance of the agreement for purposes of the offences established in accordance with paragraph 1 (a) (i) of this article, shall so inform the Secretary-General of the United Nations at the time of their signature or of deposit of their instrument of ratification, acceptance or approval of or accession to this Convention.
Article 6. Criminalization of the laundering of proceeds of crime
1. Each State Party shall adopt, in accordance with fundamental principles of its domestic law, such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally: (a) (i) The conversion or transfer of property, knowing that such property is the proceeds of crime, for the purpose of concealing or disguising the illicit origin of the property or of helping any person who is involved in the commission of the predicate offence to evade the legal consequences of his (ii) The concealment or disguise of the true nature, source, location, disposition, movement or ownership of or rights with respect to property, knowing that such property is the proceeds of crime; (b) Subject to the basic concepts of its legal system: (i) The acquisition, possession or use of property, knowing, at the time of receipt, that such property is the proceeds of crime; (ii) Participation in, association with or conspiracy to commit, attempts to commit and aiding, abetting, facilitating and counselling the commission of any of the offences established in accordance with this article.
2. For purposes of implementing or applying paragraph 1 of this article: (a) Each State Party shall seek to apply paragraph 1 of this article to the widest range of predicate offences; (b) Each Stat e Party shall include as predicate offences all serious crime as defined in article 2 of this Convention and the offences established in accordance with articles 5, 8 and 23 of this Convention. In the case of States Parties whose legislation sets out a list of specific predicate offences, they shall, at a minimum, include in such list a comprehensive range of offences associated with organized (c) For the purposes of subparagraph (b), predicate offences shall include offences committed both within and outside the jurisdiction of the State Party in question. However, offences committed outside the jurisdiction of a State Party shall constitute predicate offences only when the relevant conduct is a criminal offence under the domestic law of the State where it is committed and would be a criminal offence under the domestic law of the State Party implementing or applying this article had it been committed there; (d) Each State Party shall furnish copies of its laws that give effect to this article and of any subsequent changes to such laws or a description thereof to the Secretary- General of the United Nations; (e) If required by fundamental principles of the domestic law of a State Party, it may be provided that the offences set forth in paragraph 1 of this article do not apply to the persons who committed the predicate offence; (f) Knowledge, intent or purpose required as an element of an offence set forth in paragraph 1 of this article may be inferred from objective factual circumstances.
Article 7. Measures to combat money-laundering
1. Each State Party: (a) Shall institute a comprehensive domestic regulatory and supervisory regime for banks and non-bank financial institutions and, where appropriate, other bodies particularly susceptible to money-laundering, within its competence, in order to deter and detect all forms of money-laundering, which regime shall emphasize requirements for customer identification, record-keeping and the reporting of suspicious transactions; (b) Shall, without prejudice to articles 18 and 27 of this Convention, ensure that administrative, regulatory, law enforcement and other authorities dedicated to combating money-laundering (including, where appropriate under domestic law, judicial authorities) have the ability to cooperate and exchange information at the national and international levels within the conditions prescribed by its domestic law and, to that end, shall consider the establishment of a financial intelligence unit to serve as a national centre for the collection, analysis and dissemination of information regarding potential moneylaundering.
2. States Parties shall consider implementing feasible measures to detect and monitor the movement of cash and appropriate negotiable instruments across their borders, subject to safeguards to ensure proper use of information and without impeding in any way the movement of legitimate capital. Such measures may include a requirement that individuals and businesses report the cross-border transfer of substantial quantities of cash and appropriate negotiable instruments.
3. In establishing a domestic regulatory and supervisory regime under the terms of this article, and without prejudice to any other article of this Convention, States Parties are called upon to use as a guideline the relevant initiatives of regional, interregional and multilateral organizations against money-laundering.
4. States Parties shall endeavour to develop and promote global, regional, subregional and bilateral cooperation among judicial, law enforcement and financial regulatory authorities in order to combat money-laundering.
Article 8. Criminalization of corruption
1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally:(a) The promise, offering or giving to a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her (b) The solicitation or acceptance by a public official, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties.
2. Each State Party shall consider adopting such legislative and other measures as may be necessary to establish as criminal offences conduct referred to in paragraph 1 of this article involving a foreign public official or international civil servant. Likewise, each State Party shall consider establishing as criminal offences other forms of corruption.
3. Each State Party shall also adopt such measures as may be necessary to establish as a criminal offence participation as an accomplice in an offence established in accordance with this article.
4. For the purposes of paragraph 1 of this article and article 9 of this Convention, "public official" shall mean a public official or a person who provides a public service as defined in the domestic law and as applied in the criminal law of the State Party in which the person in question performs that function.
Article 9. Measures against corruption
1. In addition to the measures set forth in article 8 of this Convention, each State Party shall, to the extent appropriate and consistent with its legal 11 system, adopt legislative, administrative or other effective measures to promote integrity and to prevent, detect and punish the corruption of public officials.
2. Each State Party shall take measures to ensure effective action by its authorities in the prevention, detection and punishment of the corruption of public officials, including providing such authorities with adequate independence to deter the exertion of inappropriate influence on their actions.
Article 10. Liability of legal persons
1. Each State Party shall adopt such measures as may be necessary, consistent with its legal principles, to establish the liability of legal persons for participation in serious crimes involving an organized criminal group and for the offences established in accordance with articles 5, 6, 8 and 23 of this Convention.
2. Subject to the legal principles of the State Party, the liability of legal persons may be criminal, civil or administrative.
3. Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offences.
4. Each State Party shall, in particular, ensure that legal persons held liable in accordance with this article are subject to effective, proportionate and dissuasive criminal or non- criminal sanctions, including monetary sanctions.
Article 11. Prosecution, adjudication and sanctions
1. Each State Party shall make the commission of an offence established in accordance with articles 5, 6, 8 and 23 of this Convention liable to sanctions that take into account the gravity of that offence.
2. Each State Party shall endeavour to ensure that any discretionary legal powers under its domestic law relating to the prosecution of persons for offences covered by this Convention are exercised to maximize the effectiveness of law enforcement measures in respect of those offences and with due regard to the need to deter the commission of such offences.
3. In the case of offences established in accordance with articles 5, 6, 8 and 23 of this Convention, each State Party shall take appropriate measures, in accordance with its domestic law and with due regard to the rights of the defence, to seek to ensure that conditions imposed in connection with decisions on release pending trial or appeal take into consideration the need to ensure the presence of the defendant at subsequent 4. Each State Party shall ensure that its courts or other competent authorities bear in mind the grave nature of the offences covered by this Convention when considering the eventuality of early release or parole of persons convicted of such offences.
5. Each State Party shall, where appropriate, establish under its domestic law a long statute of limitations period in which to commence proceedings for any offence covered by this Convention and a longer period where the alleged offender has evaded the administration of justice.
6. Nothing contained in this Convention shall affect the principle that the description of the offences established in accordance with this Convention and of the applicable legal defences or other legal principles controlling the lawfulness of conduct is reserved to the domestic law of a State Party and that such offences shall be prosecuted and punished in accordance with that law. Article 12. Confiscation and seizure Article 12. Confiscation and seizure
1. States Parties shall adopt, to the greatest extent possible within their domestic legal systems, such measures as may be necessary to enable confiscation of:(a) Proceeds of crime derived from offences covered by this Convention or property the value of which corresponds to that of such proceeds; (b) Property, equipment or other instrumentalities used in or destined for use in offences covered by this Convention.
2. States Parties shall adopt such measures as may be necessary to enable the identification, tracing, freezing or seizure of any item referred to in paragraph 1 of this article for the purpose of eventual confiscation.
3. If proceeds of crime have been transformed or converted, in part or in full, into other property, such property shall be liable to the measures referred to in this article instead of the proceeds.
4. If proceeds of crime have been intermingled with property acquired from legitimate sources, such property shall, without prejudice to any powers relating to freezing or seizure, be liable to confiscation up to the assessed value of the intermingled proceeds.
5. Income or other benefits derived from proceeds of crime, from property into which proceeds of crime have been transformed or converted or from property with which proceeds of crime have been intermingled shall also be liable to the measures referred to in this article, in the same manner and to the same extent as proceeds of crime.
6. For the purposes of this article and article 13 of this Convention, each State Party shall empower its courts or other competent authorities to order that bank, financial or commercial records be made available or be seized. States Parties shall not decline to act under the provisions of this paragraph on the ground of bank secrecy.
7. States Parties may consider the possibility of requiring that an offender demonstrate the lawful origin of alleged proceeds of crime or other property liable to confiscation, to the extent that such a requirement is consistent with the principles of their domestic law and with the nature of the judicial and other proceedings.
8. The provisions of this article shall not be construed to prejudice the rights of bona fide third parties.
9. Nothing contained in this article shall affect the principle that the measures to which it refers shall be defined and implemented in accordance with and subject to the provisions of the domestic law of a State Party.
Article 13. International cooperation for purposes of confiscation
1. A State Party that has received a request from another State Party having jurisdiction over an offence covered by this Convention for confiscation of proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, of this Convention situated in its territory shall, to the greatest extent possible within its domestic legal system:(a) Submit the request to its competent authorities for the purpose of obtaining an order of confiscation and, if such an order is granted, give effect to it; or (b) Submit to its competent authorities, with a view to giving effect to it to the extent requested, an order of confiscation issued by a court in the territory of the requesting State Party in accordance with article 12, paragraph 1, of this Convention insofar as it relates to proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, situated in the territory of the requested State Party.
2. Following a request made by another State Party having jurisdiction over an offence covered by this Convention, the requested State Party shall take measures to identify, trace and freeze or seize proceeds of crime, property, equipment or other instrumentalities referred to in article 12, paragraph 1, of this Convention for the purpose of eventual confiscation to be ordered either by the requesting State Party or, pursuant to a request under paragraph 1 of this article, by the requested State 3. The provisions of article 18 of this Convention are applicable, mutatis mutandis, to this article. In addition to the information specified in article 18, paragraph 15, requests made pursuant to this article shall contain:(a) In the case of a request pertaining to paragraph 1 (a) of this article, a description of the property to be confiscated and a statement of the facts relied upon by the requesting State Party sufficient to enable the requested State Party to seek the order under its domestic law; (b) In the case of a request pertaining to paragraph 1 (b) of this article, a legally admissible copy of an order of confiscation upon which the request is based issued by the requesting State Party, a statement of the facts and information as to the extent to which execution of the order is requested; (c) In the case of a request pertaining to paragraph 2 of this article, a statement of the facts relied upon by the requesting State Party and a description of the actions 4. The decisions or actions provided for in paragraphs 1 and 2 of this article shall be taken by the requested State Party in accordance with and subject to the provisions of its domestic law and its procedural rules or any bilateral or multilateral treaty, agreement or arrangement to which it may be bound in relation to the requesting State 5. Each State Party shall furnish copies of its laws and regulations that give effect to this article and of any subsequent changes to such laws and regulations or a description thereof to the Secretary-General of the United Nations.
6. If a State Party elects to make the taking of the measures referred to in paragraphs 1 and 2 of this article conditional on the existence of a relevant treaty, that State Party shall consider this Convention the necessary and sufficient treaty basis.
7. Cooperation under this article may be refused by a State Party if the offence to which the request relates is not an offence covered by this Convention.
8. The provisions of this article shall not be construed to prejudice the rights of bona fide third parties.
9. States Parties shall consider concluding bilateral or multilateral treaties, agreements or arrangements to enhance the effectiveness of international cooperation undertaken pursuant to this article.
Article 14. Disposal of confiscated proceeds of crime or property
1. Proceeds of crime or property confiscated by a State Party pursuant to articles 12 or 13, paragraph 1, of this Convention shall be disposed of by that State Party in accordance with its domestic law and administrative procedures.
2. When acting on the request made by another State Party in accordance with article 13 of this Convention, States Parties shall, to the extent permitted by domestic law and if so requested, give priority consideration to returning the confiscated proceeds of crime or property to the requesting State Party so that it can give compensation to the victims of the crime or return such proceeds of crime or property to their legitimate 3. When acting on the request made by another State Party in accordance with articles 12 and 13 of this Convention, a State Party may give special consideration to concluding agreements or arrangements on:(a) Contributing the value of such proceeds of crime or property or funds derived from the sale of such proceeds of crime or property or a part thereof to the account designated in accordance with article 30, paragraph 2 (c), of this Convention and to intergovernmental bodies specializing in the fight against organized crime; (b) Sharing with other States Parties, on a regular or case-by-case basis, such proceeds of crime or property, or funds derived from the sale of such proceeds of crime or property, in accordance with its domestic law or administrative procedures.
Article 15. Jurisdiction
1. Each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences established in accordance with articles 5, 6, 8 and 23 of this Convention when:(a) The offence is committed in the territory of that State Party; or(b) The offence is committed on board a vessel that is flying the flag of that State Party or an aircraft that is registered under the laws of that State Party at the time that the offence is committed.
2. Subject to article 4 of this Convention, a State Party may also establish its jurisdiction over any such offence when:(a) The offence is committed against a national of that State Party;(b) The offence is committed by a national of that State Party or a stateless person who has his or her habitual residence in its territory; or (c) The offence is: (i) One of those established in accordance with article 5, paragraph 1, of this Convention and is committed outside its territory with a view to the commission of a serious crime within its territory; (ii) One of those established in accordance with article 6, paragraph 1 (b) (ii), of this Convention and is committed outside its territory with a view to the commission of an offence established in accordance with article 6, paragraph 1 (a) (i) or (ii) or (b) (i), of this Convention within its territory. 3. For the purposes of article 16, paragraph 10, of this Convention, each State Party shall adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite such person solely on the ground that he or she is one of its nationals.
4. Each State Party may also adopt such measures as may be necessary to establish its jurisdiction over the offences covered by this Convention when the alleged offender is present in its territory and it does not extradite him or her.
5. If a State Party exercising its jurisdiction under paragraph 1 or 2 of this article has been notified, or has otherwise learned, that one or more other States Parties are conducting an investigation, prosecution or judicial proceeding in respect of the same conduct, the competent authorities of those States Parties shall, as appropriate, consult one another with a view to coordinating their actions.
6. Without prejudice to norms of general international law, this Convention does not exclude the exercise of any criminal jurisdiction established by a State Party in accordance with its domestic law.
Article 16. Extradition
1. This article shall apply to the offences covered by this Convention or in cases where an offence referred to in article 3, paragraph 1 (a) or (b), involves an organized criminal group and the person who is the subject of the request for extradition is located in the territory of the requested State Party, provided that the offence for which extradition is sought is punishable under the domestic law of both the requesting State Party and the requested State Party.
2. If the request for extradition includes several separate serious crimes, some of which are not covered by this article, the requested State Party may apply this article also in respect of the latter offences.
3. Each of the offences to which this article applies shall be deemed to be included as an extraditable offence in any extradition treaty existing between States Parties. States Parties undertake to include such offences as extraditable offences in every extradition treaty to be concluded between them.
4. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it has no extradition treaty, it may consider this Convention the legal basis for extradition in respect of any offence to which this article applies.
5. States Parties that make extradition conditional on the existence of a treaty shall: (a) At the time of deposit of their instrument of ratification, acceptance, approval of or accession to this Convention, inform the Secretary-General of the United Nations whether they will take this Convention as the legal basis for cooperation on extradition with other States Parties to this Convention; and (b) If they do not take this Convention as the legal basis for cooperation on extradition, seek, where appropriate, to conclude treaties on extradition with other States Parties to this Convention in order to implement this article.
6. States Parties that do not make extradition conditional on the existence of a treaty shall recognize offences to which this article applies as extraditable offences between 7. Extradition shall be subject to the conditions provided for by the domestic law of the requested State Party or by applicable extradition treaties, including, inter alia, conditions in relation to the minimum penalty requirement for extradition and the grounds upon which the requested State Party may refuse extradition.
8. States Parties shall, subject to their domestic law, endeavour to expedite extradition procedures and to simplify evidentiary requirements relating thereto in respect of any offence to which this article applies.
9. Subject to the provisions of its domestic law and its extradition treaties, the requested State Party may, upon being satisfied that the circumstances so warrant and are urgent and at the request of the requesting State Party, take a person whose extradition is sought and who is present in its territory into custody or take other appropriate measures to ensure his or her presence at extradition proceedings.
10. A State Party in whose territory an alleged offender is found, if it does not extradite such person in respect of an offence to which this article applies solely on the ground that he or she is one of its nationals, shall, at the request of the State Party seeking extradition, be obliged to submit the case without undue delay to its competent authorities for the purpose of prosecution. Those authorities shall take their decision and conduct their proceedings in the same manner as in the case of any other offence of a grave nature under the domestic law of that State Party. The States Parties concerned shall cooperate with each other, in particular on procedural and evidentiary aspects, to ensure the efficiency of such prosecution.
11. Whenever a State Party is permitted under its domestic law to extradite or otherwise surrender one of its nationals only upon the condition that the person will be returned to that State Party to serve the sentence imposed as a result of the trial or proceedings for which the extradition or surrender of the person was sought and that State Party and the State Party seeking the extradition of the person agree with this option and other terms that they may deem appropriate, such conditional extradition or surrender shall be sufficient to discharge the obligation set forth in paragraph 10 of this article. 12. If extradition, sought for purposes of enforcing a sentence, is refused because the person sought is a national of the requested State Party, the requested Party shall, if its domestic law so permits and in conformity with the requirements of such law, upon application of the requesting Party, consider the enforcement of the sentence that has been imposed under the domestic law of the requesting Party or the remainder 13. Any person regarding whom proceedings are being carried out in connection with any of the offences to which this article applies shall be guaranteed fair treatment at all stages of the proceedings, including enjoyment of all the rights and guarantees provided by the domestic law of the State Party in the territory of which that person 14. Nothing in this Convention shall be interpreted as imposing an obligation to extradite if the requested State Party has substantial grounds for believing that the request has been made for the purpose of prosecuting or punishing a person on account of that person's sex, race, religion, nationality, ethnic origin or political opinions or that compliance with the request would cause prejudice to that person's position for any one of these reasons.
15. States Parties may not refuse a request for extradition on the sole ground that the offence is also considered to involve fiscal matters.
16. Before refusing extradition, the requested State Party shall, where appropriate, consult with the requesting State Party to provide it with ample opportunity to present its opinions and to provide information relevant to its allegation.
17. States Parties shall seek to conclude bilateral and multilateral agreements or arrangements to carry out or to enhance the effectiveness of extradition.
Article 17. Transfer of sentenced persons
States Parties may consider entering into bilateral or multilateral agreements or arrangements on the transfer to their territory of persons sentenced to imprisonment or other forms of deprivation of liberty for offences covered by this Convention, in order that they may complete their sentences there.
Article 18. Mutual legal assistance
1. States Parties shall afford one another the widest measure of mutual legal assistance in investigations, prosecutions and judicial proceedings in relation to the offences covered by this Convention as provided for in article 3 and shall reciprocally extend to one another similar assistance where the requesting State Party has reasonable grounds to suspect that the offence referred to in article 3, paragraph 1 (a) or (b), is transnational in nature, including that victims, witnesses, proceeds, instrumentalities or evidence of such offences are located in the requested State Party and that the offence involves an organized criminal group.
2. Mutual legal assistance shall be afforded to the fullest extent possible under relevant laws, treaties, agreements and arrangements of the requested State Party with respect to investigations, prosecutions and judicial proceedings in relation to the offences for which a legal person may be held liable in accordance with article 10 of this Convention in the requesting State Party.
3. Mutual legal assistance to be afforded in accordance with this article may be requested for any of the following purposes:(a) Taking evidence or statements from persons;(b) Effecting service of judicial documents;(c) Executing searches and seizures, and freezing;(d) Examining objects and sites;(e) Providing information, evidentiary items and expert evaluations;(f) Providing originals or certified copies of relevant documents and records, including government, bank, financial, corporate or business records; (g) Identifying or tracing proceeds of crime, property, instrumentalities or other things for evidentiary purposes; (h) Facilitating the voluntary appearance of persons in the requesting State Party;(i) Any other type of assistance that is not contrary to the domestic law of the requested State Party.
4. Without prejudice to domestic law, the competent authorities of a State Party may, without prior request, transmit information relating to criminal matters to a competent authority in another State Party where they believe that such information could assist the authority in undertaking or successfully concluding inquiries and criminal proceedings or could result in a request formulated by the latter State Party pursuant to this Convention.
5. The transmission of information pursuant to paragraph 4 of this article shall be without prejudice to inquiries and criminal proceedings in the State of the competent authorities providing the information. The competent authorities receiving the information shall comply with a request that said information remain confidential, even temporarily, or with restrictions on its use. However, this shall not prevent the receiving State Party from disclosing in its proceedings information that is exculpatory to an accused person. In such a case, the receiving State Party shall notify the transmitting State Party prior to the disclosure and, if so requested, consult with the transmitting State Party. If, in an exceptional case, advance notice is not possible, the receiving State Party shall inform the transmitting State Party of the disclosure without delay.
6. The provisions of this article shall not affect the obligations under any other treaty, bilateral or multilateral, that governs or will govern, in whole or in part, mutual legal 7. Paragraphs 9 to 29 of this article shall apply to requests made pursuant to this article if the States Parties in question are not bound by a treaty of mutual legal assistance. If those States Parties are bound by such a treaty, the corresponding provisions of that treaty shall apply unless the States Parties agree to apply paragraphs 9 to 29 of this article in lieu thereof. States Parties are strongly encouraged to apply these paragraphs if they facilitate cooperation.
8. States Parties shall not decline to render mutual legal assistance pursuant to this article on the ground of bank secrecy.
9. States Parties may decline to render mutual legal assistance pursuant to this article on the ground of absence of dual criminality. However, the requested State Party may, when it deems appropriate, provide assistance, to the extent it decides at its discretion, irrespective of whether the conduct would constitute an offence under the domestic law of the requested State Party.
10. A person who is being detained or is serving a sentence in the territory of one State Party whose presence in another State Party is requested for purposes of identification, testimony or otherwise providing assistance in obtaining evidence for investigations, prosecutions or judicial proceedings in relation to offences covered by this Convention may be transferred if the following conditions are met:(a) The person freely gives his or her informed consent;(b) The competent authorities of both States Parties agree, subject to such conditions as those States Parties may deem appropriate.
11. For the purposes of paragraph 10 of this article: (a) The State Party to which the person is transferred shall have the authority and obligation to keep the person transferred in custody, unless otherwise requested or authorized by the State Party from which the person was transferred; (b) The State Party to which the person is transferred shall without delay implement its obligation to return the person to the custody of the State Party from which the person was transferred as agreed beforehand, or as otherwise agreed, by the competent authorities of both States Parties; (c) The State Party to which the person is transferred shall not require the State Party from which the person was transferred to initiate extradition proceedings for the return of the person; (d) The person transferred shall receive credit for service of the sentence being served in the State from which he or she was transferred for time spent in the custody of the State Party to which he or she was transferred.
12. Unless the State Party from which a person is to be transferred in accordance with paragraphs 10 and 11 of this article so agrees, that person, whatever his or her nationality, shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in the territory of the State to which that person is transferred in respect of acts, omissions or convictions prior to his or her departure from the territory of the State from which he or she was transferred.
13. Each State Party shall designate a central authority that shall have the responsibility and power to receive requests for mutual legal assistance and either to execute them or to transmit them to the competent authorities for execution. Where a State Party has a special region or territory with a separate system of mutual legal assistance, it may designate a distinct central authority that shall have the same function for that region or territory. Central authorities shall ensure the speedy and proper execution or transmission of the requests received. Where the central authority transmits the request to a competent authority for execution, it shall encourage the speedy and proper execution of the request by the competent authority. The Secretary-General of the United Nations shall be notified of the central authority designated for this purpose at the time each State Party deposits its instrument of ratification, acceptance or approval of or accession to this Convention. Requests for mutual legal assistance and any communication related thereto shall be transmitted to the central authorities designated by the States Parties. This requirement shall be without prejudice to the right of a State Party to require that such requests and communications be addressed to it through diplomatic channels and, in urgent circumstances, where the States Parties agree, through the International Criminal Police Organization, if possible. 14. Requests shall be made in writing or, where possible, by any means capable of producing a written record, in a language acceptable to the requested State Party, under conditions allowing that State Party to establish authenticity. The Secretary- General of the United Nations shall be notified of the language or languages acceptable to each State Party at the time it deposits its instrument of ratification, acceptance or approval of or accession to this Convention. In urgent circumstances and where agreed by the States Parties, requests may be made orally, but shall be confirmed in writing forthwith.
15. A request for mutual legal assistance shall contain: (a) The identity of the authority making the request; (b) The subject matter and nature of the investigation, prosecution or judicial proceeding to which the request relates and the name and functions of the authority conducting the investigation, prosecution or judicial proceeding; (c) A summary of the relevant facts, except in relation to requests for the purpose of service of judicial documents; (d) A description of the assistance sought and details of any particular procedure that the requesting State Party wishes to be followed; (e) Where possible, the identity, location and nationality of any person concerned; (f) The purpose for which the evidence, information or action is sought.
16. The requested State Party may request additional information when it appears necessary for the execution of the request in accordance with its domestic law or when it can facilitate such execution.
17. A request shall be executed in accordance with the domestic law of the requested State Party and, to the extent not contrary to the domestic law of the requested State Party and where possible, in accordance with the procedures specified in the request.
18. Wherever possible and consistent with fundamental principles of domestic law, when an individual is in the territory of a State Party and has to be heard as a witness or expert by the judicial authorities of another State Party, the first State Party may, at the request of the other, permit the hearing to take place by video conference if it is not possible or desirable for the individual in question to appear in person in the territory of the requesting State Party. States Parties may agree that the hearing shall be conducted by a judicial authority of the requesting State Party and attended by a judicial authority of the requested State Party.
19. The requesting State Party shall not transmit or use information or evidence furnished by the requested State Party for investigations, prosecutions or judicial proceedings other than those stated in the request without the prior consent of the requested State Party. Nothing in this paragraph shall prevent the requesting State Party from disclosing in its proceedings information or evidence that is exculpatory to an accused person. In the latter case, the requesting State Party shall notify the requested State Party prior to the disclosure and, if so requested, consult with the requested State Party. If, in an exceptional case, advance notice is not possible, the requesting State Party shall inform the requested State Party of the disclosure without delay.
20. The requesting State Party may require that the requested State Party keep confidential the fact and substance of the request, except to the extent necessary to execute the request. If the requested State Party cannot comply with the requirement of confidentiality, it shall promptly inform the requesting State Party.
21. Mutual legal assistance may be refused: (a) If the request is not made in conformity with the provisions of this article;(b) If the requested State Party considers that execution of the request is likely to prejudice its sovereignty, security, ordre public or other essential interests; (c) If the authorities of the requested State Party would be prohibited by its domestic law from carrying out the action requested with regard to any similar offence, had it been subject to investigation, prosecution or judicial proceedings under their own jurisdiction; (d) If it would be contrary to the legal system of the requested State Party relating to mutual legal assistance for the request to be granted.
22. States Parties may not refuse a request for mutual legal assistance on the sole ground that the offence is also considered to involve fiscal matters.
23. Reasons shall be given for any refusal of mutual legal assistance.
24. The requested State Party shall execute the request for mutual legal assistance as soon as possible and shall take as full account as possible of any deadlines suggested by the requesting State Party and for which reasons are given, preferably in the request. The requested State Party shall respond to reasonable requests by the requesting State Party on progress of its handling of the request. The requesting State Party shall promptly inform the requested State Party when the assistance sought is no longer 25. Mutual legal assistance may be postponed by the requested State Party on the ground that it interferes with an ongoing investigation, prosecution or judicial proceeding.
26. Before refusing a request pursuant to paragraph 21 of this article or postponing its execution pursuant to paragraph 25 of this article, the requested State Party shall consult with the requesting State Party to consider whether assistance may be granted subject to such terms and conditions as it deems necessary. If the requesting State Party accepts assistance subject to those conditions, it shall comply with the conditions.
27. Without prejudice to the application of paragraph 12 of this article, a witness, expert or other person who, at the request of the requesting State Party, consents to give evidence in a proceeding or to assist in an investigation, prosecution or judicial proceeding in the territory of the requesting State Party shall not be prosecuted, detained, punished or subjected to any other restriction of his or her personal liberty in that territory in respect of acts, omissions or convictions prior to his or her departure from the territory of the requested State Party. Such safe conduct shall cease when the witness, expert or other person having had, for a period of fifteen consecutive days or for any period agreed upon by the States Parties from the date on which he or she has been officially informed that his or her presence is no longer required by the judicial authorities, an opportunity of leaving, has nevertheless remained voluntarily in the territory of the requesting State Party or, having left it, has returned of his or her own 28. The ordinary costs of executing a request shall be borne by the requested State Party, unless otherwise agreed by the States Parties concerned. If expenses of a substantial or extraordinary nature are or will be required to fulfil the request, the States Parties shall consult to determine the terms and conditions under which the request will be executed, as well as the manner in which the costs shall be borne.
29. The requested State Party: (a) Shall provide to the requesting State Party copies of government records, documents or information in its possession that under its domestic law are available to the general public; (b) May, at its discretion, provide to the requesting State Party in whole, in part or subject to such conditions as it deems appropriate, copies of any government records, documents or information in its possession that under its domestic law are not available to the general public.
30. States Parties shall consider, as may be necessary, the possibility of concluding bilateral or multilateral agreements or arrangements that would serve the purposes of, give practical effect to or enhance the provisions of this article.
Article 19. Joint investigations
States Parties shall consider concluding bilateral or multilateral agreements or arrangements whereby, in relation to matters that are the subject of investigations, prosecutions or judicial proceedings in one or more States, the competent authorities concerned may establish joint investigative bodies. In the absence of such agreements or arrangements, joint investigations may be undertaken by agreement on a case-by-case basis. The States Parties involved shall ensure that the sovereignty of the State Party in whose territory such investigation is to take place is fully respected.
Article 20. Special investigative techniques
1. If permitted by the basic principles of its domestic legal system, each State Party shall, within its possibilities and under the conditions prescribed by its domestic law, take the necessary measures to allow for the appropriate use of controlled delivery and, where it deems appropriate, for the use of other special investigative techniques, such as electronic or other forms of surveillance and undercover operations, by its competent authorities in its territory for the purpose of effectively combating organized crime.
2. For the purpose of investigating the offences covered by this Convention, States Parties are encouraged to conclude, when necessary, appropriate bilateral or multilateral agreements or arrangements for using such special investigative techniques in the context of cooperation at the international level. Such agreements or arrangements shall be concluded and implemented in full compliance with the principle of sovereign equality of States and shall be carried out strictly in accordance with the terms of those agreements or arrangements.
3. In the absence of an agreement or arrangement as set forth in paragraph 2 of this article, decisions to use such special investigative techniques at the international level shall be made on a case-by-case basis and may, when necessary, take into consideration financial arrangements and understandings with respect to the exercise of jurisdiction by the States Parties concerned.
4. Decisions to use controlled delivery at the international level may, with the consent of the States Parties concerned, include methods such as intercepting and allowing the goods to continue intact or be removed or replaced in whole or in part.
Article 21. Transfer of criminal proceedings
States Parties shall consider the possibility of transferring to one another proceedings for the prosecution of an offence covered by this Convention in cases where such transfer is considered to be in the interests of the proper administration of justice, in particular in cases where several jurisdictions are involved, with a view to concentrating the prosecution.
Article 22. Establishment of criminal record
Each State Party may adopt such legislative or other measures as may be necessary to take into consideration, under such terms as and for the purpose 27 that it deems appropriate, any previous conviction in another State of an alleged offender for the purpose of using such information in criminal proceedings relating to an offence covered by this Convention.
Article 23. Criminalization of obstruction of justice
Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally: (a) The use of physical force, threats or intimidation or the promise, offering or giving of an undue advantage to induce false testimony or to interfere in the giving of testimony or the production of evidence in a proceeding in relation to the commission of offences covered by this Convention; (b) The use of physical force, threats or intimidation to interfere with the exercise of official duties by a justice or law enforcement official in relation to the commission of offences covered by this Convention. Nothing in this subparagraph shall prejudice the right of States Parties to have legislation that protects other categories of public officials.
Article 24. Protection of witnesses
1. Each State Party shall take appropriate measures within its means to provide effective protection from potential retaliation or intimidation for witnesses in criminal proceedings who give testimony concerning offences covered by this Convention and, as appropriate, for their relatives and other persons close to them.
2. The measures envisaged in paragraph 1 of this article may include, inter alia, without prejudice to the rights of the defendant, including the right to due process:(a) Establishing procedures for the physical protection of such persons, such as, to the extent necessary and feasible, relocating them and permitting, where appropriate, non-disclosure or limitations on the disclosure of information concerning the identity and whereabouts of such persons; (b) Providing evidentiary rules to permit witness testimony to be given in a manner that ensures the safety of the witness, such as permitting testimony to be given through the use of communications technology such as video links or other adequate means.
3. States Parties shall consider entering into agreements or arrangements with other States for the relocation of persons referred to in paragraph 1 of this article. 4. The provisions of this article shall also apply to victims insofar as they are witnesses.
Article 25. Assistance to and protection of victims
1. Each State Party shall take appropriate measures within its means to provide assistance and protection to victims of offences covered by this Convention, in particular in cases of threat of retaliation or intimidation.
2. Each State Party shall establish appropriate procedures to provide access to compensation and restitution for victims of offences covered by this Convention.
3. Each State Party shall, subject to its domestic law, enable views and concerns of victims to be presented and considered at appropriate stages of criminal proceedings against offenders in a manner not prejudicial to the rights of the defence.
Article 26. Measures to enhance cooperation with law enforcement authorities
1. Each State Party shall take appropriate measures to encourage persons who participate or who have participated in organized criminal groups:(a) To supply information useful to competent authorities for investigative and evidentiary purposes on such matters as:(i) The identity, nature, composition, structure, location or activities of organized (ii) Links, including international links, with other organized criminal groups; (iii) Offences that organized criminal groups have committed or may commit; (b) To provide factual, concrete help to competent authorities that may contribute to depriving organized criminal groups of their resources or of the proceeds of 2. Each State Party shall consider providing for the possibility, in appropriate cases, of mitigating punishment of an accused person who provides substantial cooperation in the investigation or prosecution of an offence covered by this Convention. 3. Each State Party shall consider providing for the possibility, in accordance with fundamental principles of its domestic law, of granting immunity from prosecution to a person who provides substantial cooperation in the investigation or prosecution of an offence covered by this Convention.
4. Protection of such persons shall be as provided for in article 24 of this Convention.
5. Where a person referred to in paragraph 1 of this article located in one State Party can provide substantial cooperation to the competent authorities of another State Party, the States Parties concerned may consider entering into agreements or arrangements, in accordance with their domestic law, concerning the potential provision by the other State Party of the treatment set forth in paragraphs 2 and 3 of this article.
Article 27. Law enforcement cooperation
1. States Parties shall cooperate closely with one another, consistent with their respective domestic legal and administrative systems, to enhance the effectiveness of law enforcement action to combat the offences covered by this Convention. Each State Party shall, in particular, adopt effective measures:(a) To enhance and, where necessary, to establish channels of communication between their competent authorities, agencies and services in order to facilitate the secure and rapid exchange of information concerning all aspects of the offences covered by this Convention, including, if the States Parties concerned deem it appropriate, links with other criminal activities; (b) To cooperate with other States Parties in conducting inquiries with respect to offences covered by this Convention concerning:(i) The identity, whereabouts and activities of persons suspected of involvement in such offences or the location of other persons concerned; (ii) The movement of proceeds of crime or property derived from the commission of such offences; (iii) The movement of property, equipment or other instrumentalities used or intended for use in the commission of such offences; (c) To provide, when appropriate, necessary items or quantities of substances for analytical or investigative purposes; (d) To facilitate effective coordination between their competent authorities, agencies and services and to promote the exchange of personnel and other experts, including, subject to bilateral agreements or arrangements between the States Parties concerned, the posting of liaison officers; (e) To exchange information with other States Parties on specific means and methods used by organized criminal groups, including, where applicable, routes and conveyances and the use of false identities, altered or false documents or other means of concealing their activities; (f) To exchange information and coordinate administrative and other measures taken as appropriate for the purpose of early identification of the offences covered by this Convention.
2. With a view to giving effect to this Convention, States Parties shall consider entering into bilateral or multilateral agreements or arrangements on direct cooperation between their law enforcement agencies and, where such agreements or arrangements already exist, amending them. In the absence of such agreements or arrangements between the States Parties concerned, the Parties may consider this Convention as the basis for mutual law enforcement cooperation in respect of the offences covered by this Convention. Whenever appropriate, States Parties shall make full use of agreements or arrangements, including international or regional organizations, to enhance the cooperation between their law enforcement agencies.
3. States Parties shall endeavour to cooperate within their means to respond to transnational organized crime committed through the use of modern technology.
Article 28. Collection, exchange and analysis of information on the nature of
1. Each State Party shall consider analysing, in consultation with the scientific and academic communities, trends in organized crime in its territory, the circumstances in which organized crime operates, as well as the professional groups and technologies 2. States Parties shall consider developing and sharing analytical expertise concerning organized criminal activities with each other and through international and regional organizations. For that purpose, common definitions, standards and methodologies should be developed and applied as appropriate.
3. Each State Party shall consider monitoring its policies and actual measures to combat organized crime and making assessments of their effectiveness and efficiency.
Article 29. Training and technical assistance
1. Each State Party shall, to the extent necessary, initiate, develop or improve specific training programmes for its law enforcement personnel, including prosecutors, investigating magistrates and customs personnel, and other personnel charged with the prevention, detection and control of the offences covered by this Convention. Such programmes may include secondments and exchanges of staff. Such programmes shall deal, in particular and to the extent permitted by domestic law, with the following:(a) Methods used in the prevention, detection and control of the offences covered by (b) Routes and techniques used by persons suspected of involvement in offences covered by this Convention, including in transit States, and appropriate (c) Monitoring of the movement of contraband;(d) Detection and monitoring of the movements of proceeds of crime, property, equipment or other instrumentalities and methods used for the transfer, concealment or disguise of such proceeds, property, equipment or other instrumentalities, as well as methods used in combating money-laundering and other financial crimes; (e) Collection of evidence;(f) Control techniques in free trade zones and free ports;(g) Modern law enforcement equipment and techniques, including electronic surveillance, controlled deliveries and undercover operations; (h) Methods used in combating transnational organized crime committed through the use of computers, telecommunications networks or other forms of modern (i) Methods used in the protection of victims and witnesses.
2. States Parties shall assist one another in planning and implementing research and training programmes designed to share expertise in the areas referred to in paragraph 1 of this article and to that end shall also, when appropriate, use regional and international conferences and seminars to promote cooperation and to stimulate discussion on problems of mutual concern, including the special problems and needs of transit States.
3. States Parties shall promote training and technical assistance that will facilitate extradition and mutual legal assistance. Such training and technical assistance may include language training, secondments and exchanges between personnel in central authorities or agencies with relevant responsibilities.
4. In the case of existing bilateral and multilateral agreements or arrangements, States Parties shall strengthen, to the extent necessary, efforts to maximize operational and training activities within international and regional organizations and within other relevant bilateral and multilateral agreements or arrangements.
Article 30. Other measures: implementation of the Convention through
economic development and technical assistance
1. States Parties shall take measures conducive to the optimal implementation of this Convention to the extent possible, through international cooperation, taking into account the negative effects of organized crime on society in general, in particular on 2. States Parties shall make concrete efforts to the extent possible and in coordination with each other, as well as with international and regional organizations:(a) To enhance their cooperation at various levels with developing countries, with a view to strengthening the capacity of the latter to prevent and combat transnational (b) To enhance financial and material assistance to support the efforts of developing countries to fight transnational organized crime effectively and to help them implement this Convention successfully; (c) To provide technical assistance to developing countries and countries with economies in transition to assist them in meeting their needs for the implementation of this Convention. To that end, States Parties shall endeavour to make adequate and regular voluntary contributions to an account specifically designated for that purpose in a United Nations funding mechanism. States Parties may also give special consideration, in accordance with their domestic law and the provisions of this Convention, to contributing to the aforementioned account a percentage of the money or of the corresponding value of proceeds of crime or property confiscated in accordance with the provisions of this Convention; (d) To encourage and persuade other States and financial institutions as appropriate to join them in efforts in accordance with this article, in particular by providing more training programmes and modern equipment to developing countries in order to assist them in achieving the objectives of this Convention.
3. To the extent possible, these measures shall be without prejudice to existing foreign assistance commitments or to other financial cooperation arrangements at the bilateral, regional or international level.
4. States Parties may conclude bilateral or multilateral agreements or arrangements on material and logistical assistance, taking into consideration the financial arrangements necessary for the means of international cooperation provided for by this Convention to be effective and for the prevention, detection and control of transnational organized crime.
Article 31. Prevention
1. States Parties shall endeavour to develop and evaluate national projects and to establish and promote best practices and policies aimed at the prevention of transnational organized crime.
2. States Parties shall endeavour, in accordance with fundamental principles of their domestic law, to reduce existing or future opportunities for organized criminal groups to participate in lawful markets with proceeds of crime, through appropriate legislative, administrative or other measures. These measures should focus on:(a) The strengthening of cooperation between law enforcement agencies or prosecutors and relevant private entities, including industry; (b) The promotion of the development of standards and procedures designed to safeguard the integrity of public and relevant private entities, as well as codes of conduct for relevant professions, in particular lawyers, notaries public, tax consultants and accountants; (c) The prevention of the misuse by organized criminal groups of tender procedures conducted by public authorities and of subsidies and licences granted by public authorities for commercial activity; (d) The prevention of the misuse of legal persons by organized criminal groups; such measures could include:(i) The establishment of public records on legal and natural persons involved in the establishment, management and funding of legal persons; (ii) The introduction of the possibility of disqualifying by court order or any appropriate means for a reasonable period of time persons convicted of offences covered by this Convention from acting as directors of legal persons incorporated within their jurisdiction; (iii) The establishment of national records of persons disqualified from acting as directors of legal persons; and (iv) The exchange of information contained in the records referred to in subparagraphs (d) (i) and (iii) of this paragraph with the competent authorities of other States Parties.
3. States Parties shall endeavour to promote the reintegration into society of persons convicted of offences covered by this Convention.
4. States Parties shall endeavour to evaluate periodically existing relevant legal instruments and administrative practices with a view to detecting their vulnerability to misuse by organized criminal groups.
5. States Parties shall endeavour to promote public awareness regarding the existence, causes and gravity of and the threat posed by transnational organized crime. Information may be disseminated where appropriate through the mass media and shall include measures to promote public participation in preventing and combating such crime.
6. Each State Party shall inform the Secretary-General of the United Nations of the name and address of the authority or authorities that can assist other States Parties in developing measures to prevent transnational organized crime.
7. States Parties shall, as appropriate, collaborate with each other and relevant international and regional organizations in promoting and developing the measures referred to in this article. This includes participation in international projects aimed at the prevention of transnational organized crime, for example by alleviating the circumstances that render socially marginalized groups vulnerable to the action of transnational organized crime.
Article 32. Conference of the Parties to the Convention
1. A Conference of the Parties to the Convention is hereby established to improve the capacity of States Parties to combat transnational organized crime and to promote and review the implementation of this Convention.
2. The Secretary-General of the United Nations shall convene the Conference of the Parties not later than one year following the entry into force of this Convention. The Conference of the Parties shall adopt rules of procedure and rules governing the activities set forth in paragraphs 3 and 4 of this article (including rules concerning payment of expenses incurred in carrying out those activities).
3. The Conference of the Parties shall agree upon mechanisms for achieving the objectives mentioned in paragraph 1 of this article, including:(a) Facilitating activities by States Parties under articles 29, 30 and 31 of this Convention, including by encouraging the mobilization of voluntary contributions; (b) Facilitating the exchange of information among States Parties on patterns and trends in transnational organized crime and on successful practices for combating it; (c) Cooperating with relevant international and regional organizations and non- (d) Reviewing periodically the implementation of this Convention;(e) Making recommendations to improve this Convention and its implementation.
4. For the purpose of paragraphs 3 (d) and (e) of this article, the Conference of the Parties shall acquire the necessary knowledge of the measures taken by States Parties in implementing this Convention and the difficulties encountered by them in doing so through information provided by them and through such supplemental review mechanisms as may be established by the Conference of the Parties. 5. Each State Party shall provide the Conference of the Parties with information on its programmes, plans and practices, as well as legislative and administrative measures to implement this Convention, as required by the Conference of the Parties.
Article 33. Secretariat
1. The Secretary-General of the United Nations shall provide the necessary secretariat services to the Conference of the Parties to the Convention.
2. The secretariat shall: (a) Assist the Conference of the Parties in carrying out the activities set forth in article 32 of this Convention and make arrangements and provide the necessary services for the sessions of the Conference of the Parties; (b) Upon request, assist States Parties in providing information to the Conference of the Parties as envisaged in article 32, paragraph 5, of this Convention; and (c) Ensure the necessary coordination with the secretariats of relevant international and regional organizations.
Article 34. Implementation of the Convention
1. Each State Party shall take the necessary measures, including legislative and administrative measures, in accordance with fundamental principles of its domestic law, to ensure the implementation of its obligations under this Convention.
2. The offences established in accordance with articles 5, 6, 8 and 23 of this Convention shall be established in the domestic law of each State Party independently of the transnational nature or the involvement of an organized criminal group as described in article 3, paragraph 1, of this Convention, except to the extent that article 5 of this Convention would require the involvement of an organized criminal group.
3. Each State Party may adopt more strict or severe measures than those provided for by this Convention for preventing and combating transnational organized crime.
Article 35. Settlement of disputes
l. States Parties shall endeavour to settle disputes concerning the interpretation or application of this Convention through negotiation.
2. Any dispute between two or more States Parties concerning the interpretation or application of this Convention that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.
3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Convention, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.
4. Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary- General of the United Nations.
Article 36. Signature, ratification, acceptance, approval and accession
1. This Convention shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.
2. This Convention shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Convention in accordance with paragraph 1 of this article.
3. This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.
4. This Convention is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Convention. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence with respect to matters governed by this Convention. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.
Article 37. Relation with protocols
1. This Convention may be supplemented by one or more protocols.
2. In order to become a Party to a protocol, a State or a regional economic integration organization must also be a Party to this Convention.
3. A State Party to this Convention is not bound by a protocol unless it becomes a Party to the protocol in accordance with the provisions thereof.
4. Any protocol to this Convention shall be interpreted together with this Convention, taking into account the purpose of that protocol.
Article 38. Entry into force
1. This Convention shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Convention after the deposit of the fortieth instrument of such action, this Convention shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument.
Article 39. Amendment
1. After the expiry of five years from the entry into force of this Convention, a State Party may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties present and voting at the meeting of the Conference of the Parties.
2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Convention. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice 3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.
4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.
5. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Convention and any earlier amendments that they have ratified, accepted or approved.
Article 40. Denunciation
1. A State Party may denounce this Convention by written notification to the Secretary- General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
2. A regional economic integration organization shall cease to be a Party to this Convention when all of its member States have denounced it.
3. Denunciation of this Convention in accordance with paragraph 1 of this article shall entail the denunciation of any protocols thereto.
Article 41. Depositary and languages
1. The Secretary-General of the United Nations is designated depositary of this 2. The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary- General of the United Nations.
IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.
Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women
and Children, supplementing the
United Nations Convention against
Transnational Organized Crime
The States Parties to this Protocol,Declaring that effective action to prevent and combat trafficking in persons, especially women and children, requires a comprehensive international approach in the countries of origin, transit and destination that includes measures to prevent such trafficking, to punish the traffickers and to protect the victims of such trafficking, including by protecting their internationally recognized human rights, Taking into account the fact that, despite the existence of a variety of international instruments containing rules and practical measures to combat the exploitation of persons, especially women and children, there is no universal instrument that addresses all aspects of trafficking in persons, Concerned that, in the absence of such an instrument, persons who are vulnerable to trafficking will not be sufficiently protected, Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing the elaboration of, inter alia, an international instrument addressing trafficking in women and children, Convinced that supplementing the United Nations Convention against Transnational Organized Crime with an international instrument for the prevention, suppression and punishment of trafficking in persons, especially women and children, will be useful in preventing and combating that crime, Have agreed as follows: I. General provisions
Article 1. Relation with the United Nations Convention against Transnational
1. This Protocol supplements the United Nations Convention against Transnational Organized Crime. It shall be interpreted together with the Convention.
2. The provisions of the Convention shall apply, mutatis mutandis, to this Protocol unless otherwise provided herein.
3. The offences established in accordance with article 5 of this Protocol shall be regarded as offences established in accordance with the Convention.
Article 2. Statement of purpose
The purposes of this Protocol are: (a) To prevent and combat trafficking in persons, paying particular attention to women and children; (b) To protect and assist the victims of such trafficking, with full respect for their human rights; and (c) To promote cooperation among States Parties in order to meet those objectives.
Article 3. Use of terms
For the purposes of this Protocol: (a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth in subparagraph (a) of this article; (d) "Child" shall mean any person under eighteen years of age.
Article 4. Scope of application
This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with article 5 of this Protocol, where those offences are transnational in nature and involve an organized criminal group, as well as to the protection of victims of such offences.
Article 5. Criminalization
1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the conduct set forth in article 3 of this Protocol, when committed intentionally.
2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:(a) Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article; (b) Participating as an accomplice in an offence established in accordance with paragraph 1 of this article; and (c) Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article.
II. Protection of victims of trafficking in persons
Article 6. Assistance to and protection of victims of trafficking in persons
1. In appropriate cases and to the extent possible under its domestic law, each State Party shall protect the privacy and identity of victims of trafficking in persons, including, inter alia, by making legal proceedings relating to such trafficking confidential.
2. Each State Party shall ensure that its domestic legal or administrative system contains measures that provide to victims of trafficking in persons, in appropriate cases:(a) Information on relevant court and administrative proceedings;(b) Assistance to enable their views and concerns to be presented and considered at appropriate stages of criminal proceedings against offenders, in a manner not prejudicial to the rights of the defence.
3. Each State Party shall consider implementing measures to provide for the physical, psychological and social recovery of victims of trafficking in persons, including, in appropriate cases, in cooperation with non-governmental organizations, other relevant organizations and other elements of civil society, and, in particular, the provision of:(a) Appropriate housing; (b) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand; (c) Medical, psychological and material assistance; and (d) Employment, educational and training opportunities.
4. Each State Party shall take into account, in applying the provisions of this article, the age, gender and special needs of victims of trafficking in persons, in particular the special needs of children, including appropriate housing, education and care.
5. Each State Party shall endeavour to provide for the physical safety of victims of trafficking in persons while they are within its territory.
6. Each State Party shall ensure that its domestic legal system contains measures that offer victims of trafficking in persons the possibility of obtaining compensation for damage suffered.
Article 7. Status of victims of trafficking in persons in receiving States
1. In addition to taking measures pursuant to article 6 of this Protocol, each State Party shall consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases.
2. In implementing the provision contained in paragraph 1 of this article, each State Party shall give appropriate consideration to humanitarian and compassionate factors.
Article 8. Repatriation of victims of trafficking in persons
1. The State Party of which a victim of trafficking in persons is a national or in which the person had the right of permanent residence at the time of entry into the territory of the receiving State Party shall facilitate and accept, with due regard for the safety of that person, the return of that person without undue or unreasonable delay.
2. When a State Party returns a victim of trafficking in persons to a State Party of which that person is a national or in which he or she had, at the time of entry into the territory of the receiving State Party, the right of permanent residence, such return shall be with due regard for the safety of that person and for the status of any legal proceedings related to the fact that the person is a victim of trafficking and shall preferably be voluntary.
3. At the request of a receiving State Party, a requested State Party shall, without undue or unreasonable delay, verify whether a person who is a victim of trafficking in persons is its national or had the right of permanent residence in its territory at the time of entry into the territory of the receiving State Party.
4. In order to facilitate the return of a victim of trafficking in persons who is without proper documentation, the State Party of which that person is a national or in which he or she had the right of permanent residence at the time of entry into the territory of the receiving State Party shall agree to issue, at the request of the receiving State Party, such travel documents or other authorization as may be necessary to enable the person to travel to and re-enter its territory.
5. This article shall be without prejudice to any right afforded to victims of trafficking in persons by any domestic law of the receiving State Party.
6. This article shall be without prejudice to any applicable bilateral or multilateral agreement or arrangement that governs, in whole or in part, the return of victims of trafficking in persons.
III. Prevention, cooperation and other measures
Article 9. Prevention of trafficking in persons
1. States Parties shall establish comprehensive policies, programmes and other measures: (a) To prevent and combat trafficking in persons; and(b) To protect victims of trafficking in persons, especially women and children, from 2. States Parties shall endeavour to undertake measures such as research, information and mass media campaigns and social and economic initiatives to prevent and combat trafficking in persons.
3. Policies, programmes and other measures established in accordance with this article shall, as appropriate, include cooperation with non-governmental organizations, other relevant organizations and other elements of civil society.
4. States Parties shall take or strengthen measures, including through bilateral or multilateral cooperation, to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity.
5. States Parties shall adopt or strengthen legislative or other measures, such as educational, social or cultural measures, including through bilateral and multilateral cooperation, to discourage the demand that fosters all forms of exploitation of persons, especially women and children, that leads to trafficking.
Article 10. Information exchange and training
1. Law enforcement, immigration or other relevant authorities of States Parties shall, as appropriate, cooperate with one another by exchanging information, in accordance with their domestic law, to enable them to determine:(a) Whether individuals crossing or attempting to cross an international border with travel documents belonging to other persons or without travel documents are perpetrators or victims of trafficking in persons; (b) The types of travel document that individuals have used or attempted to use to cross an international border for the purpose of trafficking in persons; and (c) The means and methods used by organized criminal groups for the purpose of trafficking in persons, including the recruitment and transportation of victims, routes and links between and among individuals and groups engaged in such trafficking, and possible measures for detecting them.
2. States Parties shall provide or strengthen training for law enforcement, immigration and other relevant officials in the prevention of trafficking in persons. The training should focus on methods used in preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including protecting the victims from the traffickers. The training should also take into account the need to consider human rights and child- and gender-sensitive issues and it should encourage cooperation with nongovernmental organizations, other relevant organizations and other elements of civil society.
3. A State Party that receives information shall comply with any request by the State Party that transmitted the information that places restrictions on its use.
Article 11. Border measures
1. Without prejudice to international commitments in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect trafficking in persons.
2. Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of offences established in accordance with article 5 of this Protocol.
3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.
4. Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.
5. Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol.
6. Without prejudice to article 27 of the Convention, States Parties shall consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication.
Article 12. Security and control of documents
Each State Party shall take such measures as may be necessary, within available means: (a) To ensure that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and (b) To ensure the integrity and security of travel or identity documents issued by or on behalf of the State Party and to prevent their unlawful creation, issuance and Article 13. Legitimacy and validity of documents
At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in persons. IV. Final provisions
Article 14. Saving clause
1. Nothing in this Protocol shall affect the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention1 and the 1967 Protocol2 relating to the Status of Refugees and the principle of non-refoulement as contained therein.
2. The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are victims of trafficking in persons. The interpretation and application of those measures shall be consistent with internationally recognized principles of nondiscrimination.
Article 15. Settlement of disputes
l. States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation.
2. Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.
United Nations, Treaty Series, vol. 189, No. 2545.
Ibid., vol. 606, No. 8791.
3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.
4. Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary- General of the United Nations.
Article 16. Signature, ratification, acceptance, approval and accession
1. This Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.
2. This Protocol shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Protocol in accordance with paragraph 1 of this article.
3. This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.
4. This Protocol is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary- General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence with respect to matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.
Article 17. Entry into force
1. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the Article 18. Amendment
1. After the expiry of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties to this Protocol present and voting at the meeting of the Conference of the Parties.
2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice 3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.
4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment. 5. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.
Article 19. Denunciation
1. A State Party may denounce this Protocol by written notification to the Secretary- General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
2. A regional economic integration organization shall cease to be a Party to this Protocol when all of its member States have denounced it.
Article 20. Depositary and languages
1. The Secretary-General of the United Nations is designated depositary of this Protocol.
2. The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations. IN WITNESS WHEREOF, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Protocol.

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