Gender Equality Serbia Project #23266

Support victims of human trafficking in Serbia

by ASTRA - Anti trafficking action (ASTRA - Akcija protiv trgovine ljudima)

Project Report | Jan 19, 2024
Strength of Perseverance

By Marina Papovic | SOS Consultant

At the end of 2021, ASTRA received information from a Vienna-based organization we collaborate with concerning a woman who experienced sexual exploitation in Austria. They provided details indicating her financial vulnerability, her responsibility for two underage children, and her requirement for medical assistance. In March of 2022, we had our first contact with her. We visited her and her children, who live in a small village. The three of them live in a substandard house that is not safe to live in. The father abandoned the boys when they were very young, and there was no support from the extended family either. She is 35 years old; the boys are 12 and 11 years old and attend elementaryschool. With our support, she was provided with medical examinations (psychiatric and examination by an infectious disease specialist), and we also provided the escort of a professional worker through the institutions because, as she states, she feels safer. She was diagnosed with post-traumatic stress disorder (appropriate therapy was provided), and medical tests showed that she has hepatitis C and B.

At the beginning of October 2022, she received a summons for a hearing in Vienna. She is called as a witness and victim in the proceedings against people who are accused of organizing the sexual exploitation of several women from Serbia, but also from other countries (Romania, Ukraine).

This situation, along with all the additional problems she faces, was probably the trigger for her worsening condition. On October 5, 2022, the client called very upset, cried, and said that she couldn't take it anymore and that she submitted a request to the Social Welfare Centre to place the children in a Home for children without parental care. Based on the assessment of the ASTRA team for providing direct support and taking into account her love and past care for the children, we organized a visit to review the decision with her. It was established that the client is in a difficult mental state, but after an hour of conversation, we managed to make a plan together with her about the services and support she needs. She explained that she was worried about the lack of trust in health institutions regarding the treatment of hepatitis, that the doctor at the Health Centre called her a prostitute, and that she could no longer go there. She fears for the children's safety because they live in a substandard house. Every winter is dangerous for their health, and the Municipality has been promising her help for years, but there is none. She told us that the invitation to the hearing activated the trauma she had experienced, that she wanted to go to testify but that she felt afraid and had physical reactions such as uncontrollable rapid body movements, that she had a severe headache, and that now she just wants it to end. Basic necessities, such as food, are also a problem.

The beneficiary immediately received a package with food and hygiene products. Examinations are scheduled in a private clinic. The psychiatrist prescribed her a new therapy in accordance with the stress she is experiencing due to the scheduled hearing in Vienna. After the infectious examination, the beneficiary received a referral to the Clinic for Infectious Diseases, and that examination is planned after returning from the hearing at the beginning of December. With our support, she filed a complaint against the doctor who insulted her and submitted a request to assign another general practitioner. In October 2022, two online meetings were organized with the associate and the lawyer who will represent her from Vienna so that the beneficiary was informed about the hearing. She was informed that she has the status of a particularly sensitive witness. Also, the submission of a request to the competition of the Ministry of Rural Care to obtain grants for the purchase of a village house in the territory of the Republic of Serbia was discussed with the beneficiary. We contacted the potential seller of the house and the municipality employee, and the procedure is being realized. Encouraged by all these activities and the support she received at every step, the beneficiary decided to withdraw the request she submitted to the Social Welfare Centre to place children in a Home without parental care.

At the end of May 2023, the client received another summons for a court hearing. The repeated summons had upset her, and a follow-up psychiatric evaluation was scheduled. After that, the beneficiary was calmer and more prepared for the upcoming court hearing.

After numerous tests and examinations by several infectious disease specialists, the beneficiary was informed in July that she would receive the necessary treatment for hepatitis C through the Infectious Diseases Clinic in Belgrade. This month, she will undergo tests to check the effectiveness of the treatment.

On September 2023, the client informed us that the main suspect in the ongoing case had visited her residence. During this visit, the suspect attempted to pressure and intimidate her. An unknown man accompanied the suspect and also threatened the client. Since the police did not immediately draft an official report necessary for further submission of information to the court regarding the circumstances that occurred, we accompanied the client to the police station to provide support during her statement and to insist on obtaining the official report. Once we received the official report, it was forwarded for translation with the seal of a court interpreter.

Over the past two years, significant strides have been made, but this woman is still at high risk due to poor living conditions and financial situation. We still try to find ways to improve the client's quality of life.

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Sep 26, 2023
Disturbing Results of the Judicial Practice 2022

By Hristina Piskulidis | Communication Officer

On July 30, the International Day Against Human Trafficking, NGO ASTRA published the following press release. At the same time, the announcement is an appeal to employees of the judiciary and other institutions who come into contact with persons who have survived human trafficking, to apply an approach oriented towards the rights of victims and existing legal solutions – aiming to protect the rights of a from the most vulnerable groups in our society, former victims of human trafficking.

For the past 12 years, ASTRA has been analyzing court verdicts for the criminal offense of human trafficking and related crimes, such as mediation in prostitution and child trafficking for adoption. The main goal of the analysis is an objective assessment of the degree of achievement and respect for the protection and rights of victims in court proceedings, but also the improvement of the overall systemic response in the fight against human trafficking and support for victims of human trafficking. To our great regret, after more than a decade of analysis, we have no choice but to state that some of the most frequent failures in the work of the courts and the achievement of justice for victims of human trafficking have, through constant repetition, turned into chronic/rooted "pains."

To clarify what this is about and how the analysis of dry legal facts can lead to astonishment, deepened distrust in the system, and even fear for loved ones and the environment, we will present some of the MAIN OBSERVATIONS about established harmful court practices in this area.

The fines are in the legal minimum. Most sentences for the crime of human trafficking are 3 to 5 years. Imprisonment sentences of more than 5 years are decreasing (38% in 2018, 25% in 2019, 17% in 2020, 11% in 2021 and 20% in 2022). In 2022, sentences in the amount of 3-5 years were not pronounced, and in 80% of cases, the sentence was pronounced for less than 3 years!
Criminal acts are initially more often classified as mediation in the practice of prostitution from Article 184 of the Criminal Code and less often as the criminal offense of human trafficking from Article 388 of the CC (the percentage of defendants for the offense from Article 184 of the CC - was 13% in 2018, 59% in 2019, 64% in 2020, 70% in 2021 and 69% in 2022; the percentage of defendants for the offense from Article 388 CC amounted to 80% in 2018, 29% in 2019, 27% in 2020, 30% in 2021 and 31% in 2022). This automatically means lower sentences for an increasing number of offenders.
An increase in the share of sexual exploitation in human trafficking is present for years (60% in 2018, 82% in 2019, 100% in 2020, 92% in 2021, and 100% in 2022, with the fact that in 2022 in 25% of cases it is a combination of sexual and associated labor exploitation). Here, another question justifiably arises - what about other forms of human trafficking, and especially what about labor exploitation, which is a global trend and a form of trade that occurs more and more often in both the official and the gray economy, and it refers to women, men, and children.
Most of the victims are women and girls (2018−86%, 2019−97%, 2020−100%, 2021−100%, 2022 −100%).
Verdicts made by accepting a plea deal prevail (40% in 2018, 50% in 2019, 59% in 2020 and 2021 and 56% in 2022). Judgments passed in this way, as well as the classification of the act as mediation in prostitution, lead to the fact that potential victims do not receive the status of injured persons, which makes them "invisible participants" because they are denied the right to participate in the proceedings and cannot participate in any way to influence the course and content of the agreement, including the exercise of their rights.
The status of a particularly sensitive witness is still very rarely granted, even when the injured parties are/are not children - only 1 injured person received the status of a particularly sensitive witness in 2022 in court proceedings related to k.d. human trafficking, while in other cases there is no data.
50% of victims in cases of human trafficking in 2022 are children, that is, girls.

These are just some of the observations about judicial practice in the last few years, ending in 2022. There are no significant advances forward, despite numerous gatherings of experts, education, analyses and reports... Recommendations for improving judicial practice are almost repeated year after year. On the other hand, rare conscientious individuals proposed legal changes, and some judgments inspire hope that things can improve.

However, while the victims are waiting for the "better," we are left with open questions: What message are we sending as a society if we prescribe minimum sentences for one of the most severe crimes, the perpetrators of which are ready to completely devastate one or more people for the sake of profit? If institutions ignore calls to do their job in cases of mass human trafficking for the purpose of labor exploitation? If we don't grant the status of especially sensitive witness, and 50% of the victims are our children? If we complicate the process of awarding compensation to victims? if we trust the perpetrator more than the victim?

And finally, what does all this say about us, society, and the state?

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May 31, 2023
App for Preventing THB / Labor Exploitation

By Hristina Piskulidis | Communication Officer

Bearing in mind that one of the dominant trends in human trafficking, both globally and in our country, is the increase in the number of cases of human trafficking for the purpose of labor exploitation, ASTRA has developed a mobile application dedicated to providing correct and timely information to persons at risk Safe at Work. The aim is that potential victims are informed and protected in time before entering into a risky employment relationship, or if they were already in a situation of exploitation, that they would know who and where to seek help.

In order to understand that correct and timely information is crucial in such cases and something that saves health, time, dignity, and even life - it is enough to recall the recent significant cases of human trafficking for labor exploitation that have marked the past few years, such as are: the case of a large number of workers from India exploited on construction sites throughout Serbia (2020), the case of workers from Vietnam engaged in the construction of the Linglong factory (2021/2022), the recently disclosed case of labor exploitation in the household of a woman from the Philippines, exploited workers of domestic and foreign origin on agricultural farms in Vojvodina, and all individual cases of our fellow citizens who work in Serbia or abroad under terrifying conditions.

The app contains all relevant information for a person looking for a job in the country or abroad, such as general information and indicators of human trafficking for the purpose of labor exploitation, preventive information, such as advice, most common misconceptions, a legal framework regulating the residence and work status in our country or the destination country, if we are going to work abroad, information on what is a valid employment contract and what it should contain, as well as how to obtain health insurance in the destination country. In addition, there are also useful contacts, i.e., contacts of diplomatic residences and organizations that people can turn to for help if they are already in a situation of exploitation in the destination country. So far, nine countries have been represented in this way, mainly the top destinations for Serbian citizens in search of work: Austria, the Czech Republic, Croatia, Germany, Hungary, Romania, Slovakia, Switzerland and Slovenia. The list of destination countries will be further expanded in the coming period.

Considering that in recent years Serbia has been hit by economic migrations, as well as those caused by the wars, and the general economic crisis, the influx of foreign workers to Serbia is evident. That is why the application offers all this information and vice versa, i.e., to workers who come to Serbia to find a job. They can get information about the procedures for obtaining temporary residence, a work and residence permit, health insurance in Serbia... Also App offers contacts of Serbian diplomatic residences in their origin countries, organizations they can turn to for help, and emergency service telephone numbers.

At the begining of the yaer, ASTRA launched a campaign on social networks and in Belgrade's public transport to make the application available to the broadest possible circle of people and potential persons at risk of labor exploitation.

The application is bilingual (Serbian and English) and adapted for Android and iPhone users. It can be downloaded from this link https://astra.rs/app/.

Public transportation campaign

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