VZCZCXRO3942
PP RUEHAG RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ
RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHMD #0516/01 0601803
ZNR UUUUU ZZH
P 011803Z MAR 06
FM AMEMBASSY MADRID
TO RUEHC/SECSTATE WASHDC PRIORITY 9001
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHUJA/AMEMBASSY ABUJA 0069
RUEHAS/AMEMBASSY ALGIERS 3867
RUEHAC/AMEMBASSY ASUNCION 0069
RUEHBP/AMEMBASSY BAMAKO 0012
RUEHBO/AMEMBASSY BOGOTA 4917
RUEHBR/AMEMBASSY BRASILIA 0401
RUEHCV/AMEMBASSY CARACAS 0901
RUEHRY/AMEMBASSY CONAKRY 0044
RUEHFN/AMEMBASSY FREETOWN 0032
RUEHPE/AMEMBASSY LIMA 1798
RUEHNK/AMEMBASSY NOUAKCHOTT 1100
RUEHQT/AMEMBASSY QUITO 1233
RUEHRB/AMEMBASSY RABAT 5922
RUEHLA/AMCONSUL BARCELONA 1777
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC

UNCLAS SECTION 01 OF 12 MADRID 000516 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR G/TIP, G, INL, DRL, PRM, IWI, EUR/PGI, 
EUR/WE DEPARTMENT PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PHUM ELAB KCRM KFRD PREF SP KWMN SMIG ASEC
SUBJECT: SIXTH ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) 
REPORT FOR SPAIN 
 
REF: STATE 3836 
 
MADRID 00000516  001.2 OF 012 
 
 
¶1. (SBU) Following is Embassy Madrid,s input for the Sixth 
Annual Trafficking in Persons (TIP) Report.  Embassy POC is 
Political Officer Tim Dougherty, tel. (34) 91 587-2294. 
 
Staff hours spent in preparation of this report includes the 
following: 
 
Political Counselor - FE-OC:  3 hours 
Deputy Political Counselor - FS-02:  5 hours 
Political Officer - FS-04:  50 hours 
Political Assistant - LES-9:  8 hours 
Consular Legal Assistant - LES-11: 3 hours 
 
//OVERVIEW// 
 
¶2. (SBU) Spain maintains an active set of political, legal 
and social programs to combat human trafficking.  In 2005, 
Spain provided comprehensive statistics on trafficking; 
continued to coordinate actions to fight trafficking; 
improved cooperation with international law enforcement; 
continued to provide assistance to victims; continued 
preventive measures and increased focus on demand reduction 
programs.  Please see paragraph 4 for a detailed description 
of Spain,s progress on the TIP benchmarks established in 
¶2005.  In March, Minister of the Interior Jose Antonio Alonso 
told Spain,s Senate that it is "essential that the 
government continue in its fight against trafficking.  This 
is an issue that we will not ignore."  In addition, in 
February 2006, Minister of Justice Juan Fernando Lopez said 
that while the current penal code and laws against 
trafficking are "weapons in the battle against trafficking," 
he said Spain in 2006 will study and will likely modify the 
penal code to make it an even stronger deterrent in the fight 
against trafficking.  The Spanish government, specifically 
the Ministry of the Interior and in consultation with various 
NGOs, is in the process of drafting a national plan to fight 
trafficking in persons.  According to police contacts, the 
driving force behind this initiative is the Protocol to 
Prevent, Suppress and Punish Trafficking in Persons, 
Especially Women and Children, and a formal request from 
Spain,s Parliamentary Mixed Commission on the Rights of 
Women comprised of members of virtually all political parties 
in Spain.  Drafting of the national plan is ongoing and 
expected to be completed during 2006. 
 
¶3. (SBU) Spain is both a destination and transit country for 
trafficked persons, primarily women between the ages of 18 to 
30 trafficked for prostitution and forced labor.  Statistical 
data and information on Spanish Government efforts to combat 
trafficking come from the Ministry of Interior which includes 
the Spanish National Police as well as the Civil Guard.  The 
SNP reports that within Spain, a total of 146 trafficking 
networks for sexual exploitation were dismantled, with 737 
responsible individuals arrested in 2005.  Background 
information on the extent of trafficking in Spain, government 
prevention efforts, and victim assistance comes primarily 
from Project Hope, the main NGO contracted by the government 
to provide assistance to victims.  Other NGOs, including the 
Association for Attention, Prevention and Reinsertion of 
Women Prostitutes (APRAMP) and the Voluntary Association of 
Dominican Mothers (VOMAD) also provided information towards 
this report.  All sources are generally reliable. 
 
//PROGRESS REPORT ON SPAIN TIP BENCHMARKS// 
 
¶4. (SBU)  -- PROVIDE COMPREHENSIVE STATISTICS: Spain,s 
 
MADRID 00000516  002.2 OF 012 
 
 
Ministry of Interior provided the USG access to a restricted 
internal report (also available to NGOs that work on TIP 
issues) that provides detailed information on TIP enforcement 
trends, including on TIP-related arrests.  Post is 
translating the key Ministry of Interior overview of TIP 
statistics for transmittal to G/TIP and EUR/WE.  Information 
on specific TIP-related investigations, convictions and 
sentencing is available online through the Spanish affiliate 
of Westlaw (www.westlaw.es).  In the past two years the SNP 
has separated its illegal immigration and false document 
statistics from sexual and labor exploitation network 
statistics, achieving a goal of G/TIP to reorganize TIP 
statistics. 
 
-- CONTINUE EFFORTS TO COORDINATE ACTIONS AGAINST TIP: Under 
the Spanish system, police officials include NGOs in TIP 
response.  As noted above, relevant NGOs and government 
agencies have special access to TIP-related information 
collected by Spanish police. The Spanish National Police has 
established a special branch - the Immigration Networks and 
Falsified Documents Unit (UCRIF) that investigates 
TIP-related activities. 
 
-- CONTINUE INTERNATIONAL LAW ENFORCEMENT EFFORTS: Spanish 
law enforcement agencies continue to cooperate with law 
enforcement agencies in countries of origin as well as 
Interpol and Europol.  In 2005, this cooperation resulted in 
the break up of 131 human trafficking networks in countries 
of origin.  See paragraph 31 of this report for additional 
details. 
 
-- CONTINUE ASSISTANCE TO VICTIMS: The Spanish government, 
through government-funded NGOs, is continuing with programs 
to help the victims of trafficking.  The various NGOs provide 
shelter, counseling and psychological assistance, legal 
assistance, job training, placement and reinsertion services, 
and assistance in obtaining visas that are available for 
those who testify against traffickers.  Since 1999 through 
December 2005, Project Hope provided direct legal, medical, 
psychological assistance to 338 women victims of trafficking, 
with 95 women seeking assistance in 2005.  Project Hope also 
provides assistance to victims in indirect ways such as 
prevention programs, police training and lobbying the 
government for additional resources and in the formulation of 
a national plan to combat trafficking.  See paragraph 49-59 
of this report for additional details. 
 
-- CONTINUE IMPLEMENTING PREVENTIVE MEASURES: Spain will 
begin issuing passports with an integrated electronic 
identity chip starting August 1, 2006, which has been 
identified as one important aid in TIP prevention.   In 
addition, Spain will begin including the National Identity 
Document (DNI) number in all electronic passports beginning 
in March 2007.  In addition, the government sponsors programs 
that educate women victims of trafficking and encourages them 
to report trafficking to law enforcement officials.  Other 
preventative measures are detailed in this report in 
paragraphs 20-30. 
 
-- INCREASE FOCUS ON DOMESTIC DEMAND REDUCTION PROGRAMS: 
Under the Spanish system, demand reduction is primarily the 
responsibility of municipal and regional officials.  Police 
reported increased activity to dissuade customers of 
prostitutes.  In Madrid, for example, police instituted 
vehicle checkpoints and other measures in areas frequented by 
prostitutes to discourage solicitation.  This activity was 
also intended to help police identify prostitutes that were 
possible TIP victims.  In Barcelona, the Catalan Interior 
 
MADRID 00000516  003.2 OF 012 
 
 
Minister continues to make anti-trafficking a priority and 
often accompanies police officers on visits to areas of 
prostitution to assess conditions and discourage solicitation. 
 
//STATISTICS AND DATA// 
 
¶5. (SBU) The Spanish National Police (SNP) reports that 3,064 
victims of trafficking in persons were liberated in 2005. 
This total includes 1,337 victims of sexual exploitation and 
681 victims of forced labor who were liberated.  Government 
data is considered accurate.  Project Hope reports that 92 
percent of the victims they assist are women between 18 and 
30 years of age.  A SNP victim's profile, updated for 2005, 
indicates that young, poorly educated women with limited 
economic resources are the most likely group to be trafficked 
to Spain.  There are no areas of Spain that are outside of 
government control. 
 
¶6. (SBU) Trafficking victims arrive in Spain from three major 
regions:  Eastern Europe and the former Soviet Union 
(Romania, Russia, Bulgaria, Ukraine, Czech Republic, Belarus, 
Slovenia and Poland), South and Central America (Brazil, 
Colombia, Ecuador, Peru, Venezuela), and Africa (Nigeria, 
Guinea, Sierra Leone, Morocco, Algeria, Mali, Mauritania). 
More than three-quarters of all trafficked women come from 
five countries:  Romania, Russia, Brazil, Colombia, and 
Nigeria.  In 2005, Paraguay also became a country of origin 
for human trafficking to Spain due to a continuing 
socioeconomic crisis. Women stand out as one of the most 
vulnerable groups affected by poverty and unemployment.  The 
SNP reported that 57 Paraguayan women were liberated from 
forced prostitution and six Paraguayans were liberated from 
forced labor in 2005. 
 
¶7. (SBU) Clandestine clothing production and restaurant work 
are typical types of employment of illegal Asian immigrants, 
frequently Chinese, who come to Spain with false documents 
via trafficking networks.  Spain is used as a transit point 
for women trafficked from Brazil to Portugal.  African 
trafficking networks often use Spain as a transit point for 
other EU nations, particularly France and Germany.  The most 
frequent destinations for victims trafficked to Spain 
include:  the Community of Madrid, Catalonia, the Community 
of Valencia, and Andalusia. 
 
¶8. (SBU) The country of origin determines the most likely 
route traffickers use to reach Spain.  Victims from countries 
within Europe are often brought into Spain via the northern 
border, while victims from Africa are brought through 
Spain,s southern coast or through the Canary Islands.  Once 
victims are smuggled into Spain through the Canary Islands, 
the trafficking networks have already bypassed immigration 
controls into the Spanish peninsula and are free to travel to 
Madrid or other locations within Spain or the EU.  Victims 
from Central or South America are brought directly into 
Spain, or through other countries that are signatories to the 
Schengen Treaty. 
 
¶9. (SBU) Trafficking arrests and the number of victims of 
sexual exploitation remain comparable to previous years. In 
2005, 146 networks for sexual exploitation were dismantled 
which resulted in the arrests of 737 people.  The Spanish 
National Police continue to see a stronger presence of 
Romanian criminal networks involved in both prostitution and 
illegal immigration.  In-depth coverage from a February 2006 
report in daily newspaper "El Periodico" reported that 
despite SNP efforts to break up human trafficking networks 
from Romania, the influence of the Romanian mafia is 
 
MADRID 00000516  004.2 OF 012 
 
 
expanding. 
 
¶10. (SBU) The SNP has a special unit, the Immigration 
Networks and Falsified Documents Unit (UCRIF) that covers 
trafficking in persons related issues.  The UCRIF 
Intelligence Unit analyzes statistical data and trends, while 
coordinating efforts and sharing data with the Civil Guard 
and Interpol.  Regional SNP offices conduct quarterly reviews 
to set goals in combating trafficking and to assess success 
in meeting previous quarter goals. 
 
¶11. (SBU) Victims are trafficked into Spain for both sexual 
and labor exploitation.  The sexual exploitation most 
frequently involves prostitution and work in nude dancing 
clubs.  The labor exploitation involves primarily 
agricultural, low-skill construction, and domestic 
employment.  Press reports indicate that criminal networks 
often lure their victims by using travel agencies and 
newspaper advertisements in their home countries that promise 
guaranteed employment in Spain.  Typically in the case of 
Romanian organized networks, women are forced into 
prostitution where 90 percent of their earnings were marked 
for the criminal network; men are often employed in 
low-paying construction jobs.  The Russian trafficking 
networks in Catalonia lure women from northeastern Russia to 
Catalonia with the promise of a loan and a job; upon arrival 
in Spain, traffickers hold their passports and force the 
women into prostitution to pay back their debts.  Methods 
used by traffickers to maintain control over their victims 
include physical abuse, the withholding of travel documents, 
threats of violence towards a victim's family, and the forced 
use of drugs.  Frequently, trafficking victims are forced 
into debt to pay the costs of their journey to Spain. 
 
¶12. (SBU) Spain is generally not a country of origin for 
trafficking. 
 
¶13. (SBU) There is political will at the highest levels to 
combat trafficking and the government makes a good faith 
effort to seriously address trafficking issues.  The current 
government, elected in March 2004, has made improved 
treatment of women a high priority with the passage of the 
October 2004 Integral Law Against Gender Violence, a domestic 
violence law that provides for heavier sentences when 
violence is directed against women or "especially vulnerable" 
victims.  When King Juan Carlos addressed the Diplomatic 
Corps in January 2005, he emphasized the need to fight 
against trafficking in persons networks. 
 
¶14. (SBU) In 2005, the Madrid city government stepped up its 
enforcement of its anti-prostitution and anti-trafficking 
campaign by increasing police presence in targeted zones.  An 
extensive publicity campaign to discourage prostitution 
continues with posters and advertisements in newspapers, on 
the radio, and on city buses.  The Ministry of Interior 
coordinates anti-trafficking efforts and receives support in 
its efforts from the Office of the President, the Ministry of 
Labor and Social Services, the Ministry of Justice, and the 
Ministry of Education.  There were no reports of government 
officials involved in trafficking.  The government controls 
borders and investigates trafficking activities with 
resources deployed from the Civil Guard and police 
authorities.  The Ministry of Justice and the Ministry of 
Labor and Social Services are responsible for committing 
resources to prosecuting violators, inspecting workplaces, 
and assisting victims.  The government also funds several 
NGOs that provide services to victims. 
 
 
MADRID 00000516  005.2 OF 012 
 
 
¶15. (SBU) There were no reports of government officials 
facilitating or condoning trafficking, taking bribes, or in 
any way assisting in trafficking operations. 
 
¶16. (SBU) The absence of controlled frontiers within a newly 
expanded European Union allows many traffickers to move 
easily from country to country without being scrutinized by 
immigration officials.  An impediment to combating 
trafficking is the reluctance of victims to provide 
information regarding trafficking.  The fact that most, if 
not all, victims are illegal aliens, and threats by 
traffickers all contribute to this reluctance.  This 
reluctance to press charges occurs despite Spanish provisions 
for witness protection and the availability of Article 59 
visas for those who testify against trafficking rings.  There 
are no limitations on government funding for police and other 
governmental institutions.  Spain does not have a problem 
with government corruption.  Government funding for NGOs 
providing victims assistance continues to be increased. 
 
¶17. (SBU) The National Police's UCRIF Intelligence Unit 
maintains ongoing monitoring of trafficking trends and 
statistics. Regional SNP units review anti-trafficking 
efforts on a quarterly basis.  The SNP and Civil Guard 
participate in ongoing coordination and data-sharing with 
Interpol and Europol, and the Ministry of Interior 
coordinates and evaluates anti-trafficking efforts within the 
Spanish government. 
 
¶18. (SBU) Prostitution is decriminalized in Spain, although 
forcing others into involuntary prostitution and organizing 
prostitution rings is illegal.  As of September 30, 2003, 
with the Organic Law for Measures Related to Citizen 
Security, Domestic Violence and the Social Integration of 
Foreigners, it is illegal for anyone to profit from 
prostitution other than the actual prostitute.  The law makes 
it illegal for pimps or brothels to receive money from the 
prostitute's activities, even if the prostitute consents to 
it.  The majority of prostitutes are foreign and the 
government does not issue work permits to prostitutes. 
Foreign nationals who practice prostitution without residency 
permission or permission to work can be prosecuted 
administratively under the Alien Law of 2000.  Spanish law 
prohibits the involvement of minors in prostitution (under 
the age of 18).  Prison sentences for using force, violence, 
and threats of fraud for sexual exploitation in trafficking 
related offenses are specified as 5 to 10 years, with 
sentences increasing to 12 to 15 years with aggravating 
circumstances. 
 
¶19. (SBU) Spain is currently reviewing laws regarding 
prostitution.  The debate over prostitution erupted in 2005 
because of a proposed Catalan bill that seeks to legalize and 
regulate prostitution.  In February 2006, Ministry of Labor 
officials said the central government is likely to leave the 
matter in the hands of regional governments, although 
anti-trafficking enforcement remains in the hands of the 
central government.  Spain,s central government has 
increased efforts in protecting illegal immigrant women and 
dismantling the criminal syndicates that exploit them. 
 
//PREVENTION// 
 
¶20. (SBU) The government acknowledges that trafficking is a 
problem and takes measures to address the problem. 
 
¶21. (SBU) Spain commits resources of the Ministry of Interior 
(the Spanish National Police and Civil Guard), Ministry of 
 
MADRID 00000516  006.2 OF 012 
 
 
Labor and Social Services, Ministry of Justice, Ministry of 
Education, Ministry of Culture and Sports, Ministry of Public 
Administration, and the Ministry of Health and Consumer 
Affairs.  The Spanish government also funds several NGOs that 
work with trafficking victims by providing victims assistance 
that includes shelter, legal aid, counseling and 
psychological assistance, placement and reinsertion services. 
 NGOs receiving governmental assistance include:  Project 
Hope, the Association for Attention, Prevention and 
Reinsertion of Women Prostitutes (APRAMP), the Voluntary 
Association of Dominican Mothers (VOMAD), Association for 
Cooperation in the South-the Segovias (ACSUR), Association of 
Raped Women, General Association in Defense of the Rights of 
Prostitutes (HETAIRA), Villa Teresita Safe House, CARITAS, 
the Red Cross, and Hermanos Oblatas. 
 
¶22. (SBU) Spain sponsors programs that educate women victims 
of violence and encourages women to report instances to the 
police. 
 
¶23. (SBU) The government supports programs to increase 
employment opportunities for women.  Government funded NGOs 
provide job placement and work training services for women 
liberated from trafficking rings. 
 
¶24. (SBU) Governmental agencies and victim assistance NGOs 
report that funding resources are sufficient to operate their 
programs.  Spanish administration at the national, regional, 
and local level provides financing and social services for 
the victims of trafficking. 
 
¶25. (SBU) NGO representatives report that they have good 
relations with the Spanish government.  The Association for 
Attention, Prevention and Reinsertion of Women Prostitutes 
(APRAMP) reports good cooperation with state and local police 
on turning over prostitutes for psychological counseling, 
safe housing, and rehabilitation.  Project Hope also reports 
that the relationship with the SNP and the Civil Guard is 
good.  When the police find a victim of TIP, they immediately 
refer the individual to NGOs that provide victims, 
assistance. 
 
¶26. (SBU) The government adequately monitors its borders by 
committing resources to the Civil Guard to patrol its sea 
borders.  Despite hazardous sea conditions, illegal 
immigration across the open ocean and the Straits of 
Gibraltar continues to increase into Spain due to its 
geographical location as a European entry point for migrants 
from Africa and South America.  The SNP and Civil Guard both 
monitor immigration patterns for evidence of trafficking. 
 
¶27. (SBU) The Ministry of Interior coordinates 
anti-trafficking efforts and maintains workgroups for the 
coordination of SNP and Civil Guard activities.  Both the SNP 
and the Civil Guard also are involved in coordinating and 
sharing data with Interpol and Europol.  There is a joint 
task force within the Ministry of Interior that coordinates 
SNP and Civil Guard operations, including immigration and 
trafficking issues. Members of the committee include:  the 
Secretary of State for Security, the Director of Police, the 
 
SIPDIS 
Director of the Civil Guard, the Director of Infrastructure 
in the Ministry of Interior, and the Interior Minister's 
Chief of Cabinet. Public corruption is generally not a 
problem in Spain. Anti-corruption investigations would 
normally be handled through normal law enforcement and 
judicial agencies. 
 
¶28. (SBU) The government coordinates its law enforcement 
 
MADRID 00000516  007.2 OF 012 
 
 
anti-trafficking activities with Interpol, Europol, and EU 
illegal-immigration working groups.  Spain has provided 
French-language training to high-level SNP officials to 
assist in cooperation with Francophone Africa countries. 
Spain participates in EU and Schengen Group cooperative 
efforts to combat trafficking.  Spain has been active in the 
EU Experts Group on Trafficking in Human Beings. 
 
¶29. (SBU) The government addresses trafficking issues in two 
national action plans.  The government has a National 
Immigration Plan that addresses combating illegal immigration 
into Spain, which is a major component in preventing 
trafficking.  The government also published a Parliamentary 
plan on Women's Rights in September 2003 that includes 
analysis and recommendations for improving the situation of 
women victims. Components of these plans have been 
incorporated into the September 2003 Organic Law for Measures 
Related to Citizen Security, Domestic Violence and the Social 
Integration of Foreigners, the October 2004 Integral Law 
Against Gender Violence, and the February 2005 modification 
to the Aliens Law.  The Ministry of Interior coordinates 
anti-trafficking efforts, while the Ministry of Labor and 
Social Services, the Ministry of Justice, Interpol, Europol 
help provide for victim's assistance. 
 
¶30. (SBU) The Ministry of Interior takes the lead in 
directing anti-trafficking efforts. 
 
//INVESTIGATION AND PROSECUTION OF TRAFFICKERS// 
 
¶31. (SBU) Spain cooperates with other governments in the 
investigation and prosecution of trafficking cases, as well 
as with the EU, Interpol, and Europol.  The SNP reported in 
2005 this cooperation led to the break up of 131 human 
trafficking rings in the following countries of origin: Cape 
Verde, France, Guinea, Italy, Morocco, Mauritania, Romania, 
Thailand, Turkey and Venezuela.  These operations resulted in 
arrests of 280 traffickers. 
 
¶32. (SBU) The SNP reports that within Spain, a total of 146 
trafficking networks for sexual exploitation were dismantled, 
with 737 responsible individuals arrested in 2005.  The SNP 
reports a total of 59 trafficking networks for labor 
exploitation dismantled, with 173 responsible individuals 
arrested.  The SNP also tracks statistics related to the 
dismantling of organizations that enable trafficking 
syndicates to operate.  The SNP reported dismantling 67 
illegal immigration networks, 43 false document networks, and 
18 fraud networks with a total of 559 people arrested.  In 
the past two years the SNP has separated its illegal 
immigration and false document statistics from sexual and 
labor exploitation network statistics, achieving a goal of 
G/TIP to reorganize TIP statistics. 
 
¶33. (SBU) Data on prosecutions is readily available through 
both frequent personal contact between SNP and Embassy 
personnel and through an online service of Westlaw database. 
There are several penal codes related to trafficking in 
persons, including: Article 312, crimes against the rights of 
foreigners; Article 313, crimes involving forced labor; and 
Article 318 bis, crimes involving trafficking in persons. 
 
¶34. (SBU) There were a total of 129 cases adjudicated in the 
Spanish courts in 2005 for crimes related to trafficking in 
persons.  Spanish courts at all levels use a combination of 
available penal codes in prosecuting crimes related to 
trafficking in persons to ensure a conviction because of a 
frequent lack of testimony from victims. 
 
MADRID 00000516  008.2 OF 012 
 
 
 
¶35. (SBU) Judges sometimes invoke TIP legislation in their 
decisions.  Lawyers for a group of three Romanians charged 
and convicted of "crimes against the rights of foreigners" 
appealed to the Supreme Court.  The court upheld the 
conviction and increased it to find the three guilty of the 
more severe charge of trafficking in persons.  One 
defendant,s 4-year sentence was increased to a 7-year 
sentence, while the others were given a 6-year sentence.  All 
three were also fined 7,300 euros each. 
 
¶36. (SBU) A human trafficking ring between Nigeria and Spain 
was broken up on January 24, 2005, resulting in the arrest of 
a woman believed to be a recruiting agent for the ring. 
Investigators said that at least 20 young Nigerian women were 
liberated as a result of the investigation and arrest. 
 
¶37. (SBU) A total of 42 people were arrested in Las Palmas, 
Canary Islands, in January 2006, for running a network 
trafficking women from Brazil for prostitution.  In addition, 
the network used the women to transport drugs and illegal 
weapons. 
 
¶38. (SBU) Spain has specific laws to prohibit trafficking in 
persons and other activities related to sexual and labor 
exploitation.  These laws are applied in practice and are 
adequate to cover the full scope of trafficking in persons. 
The law prohibits trafficking in persons from, through, or to 
Spain.  The law also bans trafficking in workers; sexual 
exploitation involving violence, intimidation or fraud; the 
sexual exploitation of minors, including their use for 
prostitution or pornography; forging or certifying false 
government documents for the purpose of TIP; and illicit 
association with trafficking in persons networks.  The 
September 2003 Organic Law for Specific Measures Related to 
Citizen Security, Domestic Violence and the Social 
Integration of Foreigners increased penalties for trafficking 
in persons and other activities related to trafficking.  The 
penalty for trafficking in persons was increased to 5 to 10 
years from the previous 2 to 4 years.  If the trafficking is 
done through the use of violence or intimidation, the maximum 
sentence applies.  Penalties were increased from 2 to 4 years 
to 6 to 12 years for activities related to trafficking, such 
as trafficking for sexual exploitation, the use of threats, 
violence, or fraud, the involvement of minors, or placing the 
victim's life in danger. 
 
¶39. (SBU) The penalty for trafficking in persons for sexual 
exploitation is 5 to 10 years in prison, increasing to 6 to 
12 years if aggravating circumstances are present.  The 
penalty for trafficking in persons for labor exploitation is 
2 to 5 years and a fine.  Stricter penalties apply if the 
life or health of the victim is endangered, if the victim is 
a minor or if the offender is a member of a criminal 
organization. 
 
¶40. (SBU) The penalty for rape is 6 to 12 years in prison, 
increasing to a possible 15 years with aggravating 
circumstances.  The penalty for sexual assault is 1 to 4 
years in prison, increasing to 4 to 10 years with aggravating 
circumstances. 
 
¶41. (SBU) Sentencing guidelines in convictions for 
encouraging, favoring, or facilitating the trafficking of 
persons from, in transit or destined for Spain for the 
purpose of sexual exploitation are subject to imprisonment 
for 5 to 10 years, with an increase to 12 to 15 years if 
trafficking is carried out with violence, intimidation, 
 
MADRID 00000516  009.2 OF 012 
 
 
deceit or abuse of the victim,s state of need.  Under the 
post-September 2003 sentencing guidelines of 5 to 10 years, 
the average sentence was 5.7 years.  Spanish judges often 
combine a trafficking sentence with a sentence for crimes 
involving theft, illegal detention, forgery of documents, or 
extortion.  When a defendant is convicted of an additional 
crime two separate sentences must be served.  Once sentenced, 
prisoners generally serve 75 percent of their sentence before 
being eligible for parole.  However, a Supreme Court judge 
ruled in February 2006 that each request for a reduction in 
sentence for good behavior must be applied to each sentence 
individually, meaning it is likely that criminals prosecuted 
on multiple counts related to trafficking will likely serve 
the entire sentence and will rarely see parole. 
 
¶42. (SBU) Trafficking into Spain is generally controlled by 
organized criminal gangs or mafias.  The largest such groups 
are the Romanian criminal organizations that traffic 
prostitutes and construction laborers, often luring victims 
with false offers of employment.  The trafficking networks 
from Eastern Europe tend to be larger and better organized 
than the traffickers from Latin America and Africa.  There 
are no reports of Spanish government officials being involved 
in trafficking.  Profits from the trafficking both stay with 
the traffickers in Spain and are channeled back to criminal 
associates in the country of origin.  Syndicates that traffic 
humans are often involved in drug trafficking as well, and 
trafficking victims often serve as couriers in the drug trade. 
 
¶43. (SBU) The government actively investigates cases of 
trafficking.  Law enforcement agencies use a wide variety of 
legally permitted investigative techniques, including phone 
taps, undercover operations, and surveillance activities. 
 
¶44. (SBU) The government provides specialized 
anti-trafficking training to law enforcement agencies. 
Training is provided to new recruits at the National Police 
Academy in Avila. Additional specialized training is also 
mandatory for candidates to be promoted to the inspector 
level.  Project Hope representatives regularly present 
information regarding trafficking in persons and victims 
assistance to police recruits at the national police academy 
in Avila.  NGOs report that, according to victims they 
assist, police have become more sensitive to victims, needs 
as a result of increased experience and training, and victims 
no longer fear they will be deported if they are arrested. 
 
¶45. (SBU) The government can extradite persons charged with 
trafficking, including its own nationals.  Spanish officials 
identified 25 extraditions for trafficking-related offenses 
in 2004 from Brazil, Italy, Ukraine, Russia, Romania, 
Germany, Lithuania, and Belarus.  Post does not have any data 
on extraditions in 2005, but is continuing to investigate. 
 
¶46. (SBU) There are no reports of government involvement in 
trafficking or tolerance of trafficking at any level of the 
government. 
 
¶47. (SBU) There are no reports of government officials 
involved with trafficking in persons this period.  The 
government is neither a source nor destination for the child 
sex tourism industry. 
 
¶48. (SBU) The government has ratified all of the mentioned 
instruments.  Dates of ratification are: 
ILO Convention 182 -- April 2, 2001; 
ILO Convention 29 -- August 29, 1932; 
ILO Convention 105 -- November 6, 1967; 
 
MADRID 00000516  010.2 OF 012 
 
 
Optional Protocol to the Convention on the Rights of the 
Child -- December 18, 2001; 
Protocol to Prevent, Suppress, and Punish Trafficking in 
Persons, Especially Women and Children -- March 1, 2002; 
 
//PROTECTION AND ASSISTANCE TO VICTIMS// 
 
¶49. (SBU) The government provides assistance to trafficking 
victims.  Medical attention, including emergency care, is 
provided through the national health care system.  The 
government funds various NGOs to provide shelter, counseling 
and psychological assistance, legal assistance, job training, 
placement and reinsertion services, and assistance in 
obtaining visas that are available for those who testify 
against traffickers.  Many victims are afraid to testify or 
collaborate because of threatened harm to themselves or their 
families.  Since 2000, the law has provided for victims of 
trafficking networks who cooperate with the police the right 
to return voluntarily to their home country with the 
financing of the government or the possibility of remaining 
permanently in Spain with residency permission. Under the 
February 2005 modification to the Aliens Law, victims can now 
more easily obtain residency permits. 
 
¶50. (SBU) The government provides funding to NGOs to provide 
most victims assistance services.  NGOs submit annual grant 
proposals to the government to furnish services to victims. 
 
¶51. (SBU) There is no particular written plan or protocol 
that deals with referring trafficking victims to NGOs, but in 
practice, trafficking victims are referred directly by the 
SNP and the Civil Guard to Project Hope, the Association for 
Attention, Prevention and Reinsertion of Women Prostitutes 
(APRAMP), or other NGOs in areas not serviced by these two 
NGOs. 
 
¶52. (SBU) Project Hope legal advisor and post,s 
recommendation last year for the "Tip Hero" award Marta 
Gonzalez took part in the Embassy,s International Visitor 
Program in late April/early May 2005 and participated in a 
Combating Trafficking in Persons workshop in the Department. 
Ms. Gonzalez said the most valuable aspect of the workshop 
was the opportunity to network with NGOs from countries of 
origin which helps to facilitate the safe return of victims 
to their home countries. 
 
¶53. (SBU) Trafficking victims who agree to cooperate with the 
prosecution of traffickers are processed separately from the 
criminal population.  Those who agree to testify in criminal 
cases are eligible for visas to remain in Spain.  The victims 
that choose not to cooperate with authorities are 
repatriated, which must legally occur within 40 days. Victims 
who testify do not face prosecution for prostitution and can 
have their immigrant status normalized by means of the 
previously described visas. 
 
¶54. (SBU) The government actively encourages victims to 
assist in the investigation and prosecution of traffickers. 
The government informs victims in writing of their right to 
seek legal action and seek restitution from traffickers.  If 
the victim does not have sufficient economic means, they have 
the right to a state appointed lawyer.  Victims who cooperate 
with police in Barcelona receive assistance from Barcelona 
City Hall and the Catalan Regional Parliament in the form of 
health services, employment programs, and immigration 
counseling.  Government-funded NGOs also provide legal 
assistance to victims.  Victims testifying against an 
employer may seek visas that allow for employment in Spain. 
 
MADRID 00000516  011.2 OF 012 
 
 
There is a restitution program for victims. 
 
¶55. (SBU) Spain has a Law for the Protection of Witnesses 
that allows a judge to provide for witness protection in the 
form of allowing a witness to remain anonymous, detailing 
police escorts, providing economic assistance, and changing a 
victim's identity.  Witnesses are allowed to testify with 
their voice distorted and their identity hidden.  The 
government provides these protections in practice to victims 
that the judge deems at risk.  Witnesses are often referred 
to local NGOs for assistance in obtaining work after 
testifying. 
 
¶56. (SBU) The government provides specialized training to new 
law enforcement officers in both the recognition of 
trafficking and victim assistance.  The SNP training program 
in Avila includes collaboration with NGOs in the education 
program. Spain provides financial and repatriation assistance 
to its citizens at its embassies and consulates; however, the 
Ministry of Foreign Affairs reports that they have never 
received a report of a Spaniard being a victim of a 
trafficking ring. 
 
¶57. (SBU) The government provides for medical assistance, 
economic assistance, and repatriation of its citizens through 
Spanish embassies and consulates, although The Ministry of 
Foreign Affairs is not aware of any Spanish nationals who are 
victims of trafficking. 
 
¶58. (SBU) A network of NGOs united in assisting victims of 
trafficking was formed and this network is assisting the 
government in the creation of a national plan against 
trafficking. 
 
¶59. (SBU) Project Hope provides assistance with medical and 
legal services and acts as a liaison with law enforcement 
agencies for victims who are willing to cooperate in 
investigations.  Project Hope also has a housing and 
reinsertion program for victims of trafficking and smuggling 
who wish to remain in Spain.  The group will help women apply 
for residence visas. 
 
//TIP HERO// 
 
¶60. (SBU) Post nominates Gentiana Susaj for the TIP Hero 
award.  Ms. Susaj is an Albanian lawyer who worked on 
protection issues relating to trafficking victims with both 
the OSCE and the UNHCR in Albania from 1999 to 2003.  In 
2004, she relocated to Spain with her husband, a UNHCR 
employee and lawyer.  Ms. Susaj worked in the UNHCR Madrid 
office for a year before beginning to work independently on 
trafficking issues.  While at the UNHCR in Madrid and 
thereafter, she was responsible for organizing several major 
meetings of NGO and Spanish government personnel working on 
trafficking issues in Spain.  As a result of those meetings 
and her commitment and expertise, NGO ACCEM (Asociacin 
Comisin Catlica Espaola Migracin) hired her as a 
consultant to continue to work on trafficking, principally to 
formally develop the NGO network and to advocate that the 
government draft and implement its national plan on 
trafficking.  In conjunction with the NGOs, she has drafted a 
formal mission statement and objectives for the NGO network. 
She has also been the driving force behind the drafting and 
submission of recommendations to the government for areas to 
address in its national plan.  Although NGO representatives 
have been active in both developing the victim assistance 
network and encouraging the government to act, without Ms. 
Susaj this work would not have moved forward as it has.  Post 
 
MADRID 00000516  012.2 OF 012 
 
 
considers her a perfect candidate for the Hero Award. 
AGUIRRE