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Viewing cable 06ZAGREB298, ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) REPORT

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Reference ID Created Released Classification Origin
06ZAGREB298 2006-03-06 11:37 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Zagreb
VZCZCXRO9136
RR RUEHAG RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN RUEHLZ
RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHVB #0298/01 0651137
ZNR UUUUU ZZH
R 061137Z MAR 06 ZDK
FM AMEMBASSY ZAGREB
TO RUEHC/SECSTATE WASHDC 5793
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEAHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC
UNCLAS SECTION 01 OF 07 ZAGREB 000298 
 
SIPDIS 
 
SENSITIVE 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, EUR/PGI 
DEPT PASS USAID 
SIPDIS 
 
E.O. 12958:  N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB HR
SUBJECT:  ANNUAL ANTI-TRAFFICKING IN PERSONS (TIP) REPORT 
FOR CROATIA 
 
REF: STATE 03836 
 
Sensitive but unclassified; please handle accordingly. 
 
1.  (SBU) Post is pleased to submit its Annual Anti- 
Trafficking in Persons Report.  Last year, Croatia was 
ranked as a Tier 2 country and Post recommends retaining 
that ranking for this reporting period.  The GOC is making 
a concerted effort to take a proactive stance against TIP. 
Towards that goal, it continued to improve its cooperation 
with NGOs to identify and assist victims of TIP, and 
increased its training activities for officials. 
 
A.   The country is primarily a transit country for women 
and girls trafficked to other parts of Europe for 
prostitution, as well as increasingly a source and 
destination country for trafficked women.  Women from 
Romania, Bulgaria, Bosnia and Herzegovina, and other 
countries were trafficked through Bosnia and Herzegovina 
and Serbia and Montenegro to the country, where some 
remained to work as prostitutes while others were 
trafficked onward.  Women from Albania, Bosnia and 
Herzegovina, Bulgaria, Hungary, Macedonia, Moldova, 
Romania, Slovenia, and Serbia and Montenegro were detained 
for illegal entry into the country; some of these were 
believed to be trafficking victims.  Refugees, displaced 
persons, and young persons were most at risk of being 
trafficked.  Anecdotal information indicated that 
international organized crime groups, local groups, and 
travel or marriage agencies were responsible for 
trafficking.  Victims usually are traveling on legal 
documents, although some are falsified.  Victims were 
subject to violence, intimidation, withholding of 
documents, and threats by traffickers.  The majority of 
victims, both foreign and national, reported poor living 
and working conditions and suffered physical and/or sexual 
abuse in the process of trafficking.  During the reporting 
period, the GOC identified five TIP victims.  The victims' 
nationalities were Croatian (3), Bosnian (1), and Serbian 
and Montenegrin (1).  Two of the victims were minors.  Four 
victims were female and one was male.  One victim (male) 
was trafficked for labor exploitation.  In two cases 
Croatia was a country of destination and in three cases a 
country of origin.  Immediately prior to the reporting 
period (late February 2005) two additional victims were 
identified: one minor female from Bulgaria, and one 18 year 
old female from Romania.  In both cases Croatia was a 
destination and charges were filed during the reporting 
period.  In general, government figures are considered 
reliable, although non-governmental organizations believe 
the problem is larger than official figures indicate. 
Identification is difficult as victims are often willingly 
traveling through Croatia to their final destination. 
 
B. Croatia borders on the European Union, and victims are 
typically en route to wealthier countries of the EU. There 
are no indications of route changes since the last report. 
Post notes that the GOC demonstrated strong political will 
to address the problem of trafficking.  GOC activities 
covered all aspects of the problem, such as prevention, 
increased investigations and victim assistance. 
Traffickers are believed to be members of organized crimes 
groups.  Victims targeted by the traffickers are mainly 
women and minors.  Victims were offered lucrative jobs and 
in some cases, were approached by individuals known to 
them.  Traffickers utilized false documents and threats to 
victim's families to move victims across national borders. 
 
C.   The GOC's Office for Human Rights asserts that there 
are adequate funds to implement anti-trafficking 
activities.  However, corruption and organized crime remain 
present in Croatia. 
 
D.   The GOC systematically monitors anti-trafficking 
efforts through its Anti-Trafficking Coordinator - the 
Office of Human Rights.  That office is responsible for 
coordinating all GOC activities and developing an annual 
operational plan.  In addition, the GOC's National 
Committee for the Suppression of Trafficking consists of 
members from numerous ministries and meets periodically, as 
does a smaller working group including NGOs that meets 
regularly to discuss specific TIP cases and programs.  TIP- 
related information is made available publicly through the 
Office for Human Rights website, domestic and regional 
 
ZAGREB 00000298  002 OF 007 
 
 
seminars.  The GOC also cooperates closely with the 
Southeast European Cooperation Initiative (SECI) and 
Interpol on investigations and prosecutions. 
 
2.   (SBU)   PREVENTION 
 
A.   The GOC acknowledges that TIP is a problem.  The GOC 
is cooperative and supportive of TIP activities and 
initiatives.  Cooperation with international organizations 
and civil society is strong. 
 
B.   Government agencies involved in TIP activities are: 
The Office for Human Rights; National Committee for 
Suppression of Trafficking, the State Prosecutors Office; 
and the Ministries of Interior; Education, Science and 
Sport; Health and Social Welfare; Foreign Affairs and 
Justice.  The Human Rights Office has the lead in anti- 
trafficking efforts. 
 
C.   In 2005, the GOC funded two public awareness 
campaigns.  One included TV spots, print ads in tram and 
train stops, and billboards all advertising the GOC- 
sponsored help line.  The second campaign was a TV spot 
featuring a famous Croatian celebrity on national 
television.  Those two campaigns targeted the general 
public and children as the potential categories at risk. 
Certain police officers who received comprehensive TIP 
training in 2004 and 2005 (as described in last year's 
report) participated in the public awareness campaigns 
through roundtables, participation in local TV and radio 
programs and a school fair.  On the occasion of Police Day 
in September, the Ministry of Interior kicked off a 
prevention program that included video spots and 
distribution of educational materials to the public.  The 
Ministry also developed a flyer for potential trafficking 
victims.  The flyer is being distributed at border 
crossings in four languages: Ukrainian, Macedonian, 
Romanian, and Croatian. 
 
D.   The GOC continues to support different projects 
regarding the suppression of family violence, education of 
Roma children, gender issues, women's economic empowerment, 
suppression of drug abuse, etc. all of which have some 
additional effect on TIP issues. 
 
E.   (This paragraph was omitted in the instructions) 
 
F.   The GOC relationship with NGOs and international 
organizations is strong and has become more effective 
during the reporting period.  Several GOC programs have 
been implemented in close cooperation with NGOs and 
international organizations such as IOM (International 
Organization for Migration) and a USAID implementing 
partner.  The GOC's National Program for Minors and the 
2006 Action Plan are results of collaboration of the GOC, 
civil society, and international organizations.  Civil 
society members also actively participate as members of the 
National Committee for Suppression of TIP and the 
Operational Team, which meet regularly.  In addition, the 
GOC has contracted with three NGOs (Rosa, Center for Women 
Vukovar and Organization for Integrity and Prosperity - 
OIP) to run its TIP help-line and to operate a TIP shelter. 
Mobile teams have been established to assist in victim 
identification and treatment. 
 
G.   The GOC border police continue to adequately monitor 
Croatia's borders and immigration and emigration patterns 
for evidence of TIP.  Border police are authorized to 
handle misdemeanor, and not felony, cases.  In each case of 
smuggling and illegal migration (felonies), border police 
establish whether there is a potential case of TIP.  If so, 
the case is then transferred to the Criminal Police 
Directorate; if the potential victim is young and female 
the case is automatically forwarded to that Directorate. 
Border police have a formal framework for regional 
cooperation.  However, in practice, cooperation succeeds 
where there are good working level relationships. 
Cooperation is good with all neighboring countries: Bosnia, 
Italy, and to a lesser extent Serbia and Montenegro, and is 
best established with Slovenia.  The Ministry of Interior 
has established instructions on the treatment of trafficked 
victims, which contain guidelines on victim identification 
methods, instruction on how to treat victims, and a summary 
of cooperation among police officers and with other 
 
ZAGREB 00000298  003 OF 007 
 
 
organizations handling TIP issues.  With the support of the 
EU CARDS 2003 project, the Ministry of Interior has 
published a handbook for Border Control, which contains a 
specific chapter on trafficking.  Two thousand copies were 
printed and distributed to border police officers. 
 
H.   The GOC established a National Committee for 
Suppression of Trafficking in 2002 and an Operational team 
in 2003 that provides for cooperation between various 
ministries, NGOs and other organizations dealing with TIP 
issues.  The Deputy Prime Minister and Minister for Family, 
Veterans, and Intergenerational Solidarity serves as the 
chairperson of the National Committee and is responsible 
for directing its efforts.  The GOC also has a National 
Coordinator, Head of the Government Office for Human 
Rights, who serves as the primary point of contact. 
 
With regard to corruption issues, in December 2004, the GOC 
established an ad hoc working group to draft a new national 
strategy to fight corruption.  The National Strategy for 
Combating Corruption has been forwarded to the GOC and is 
awaiting approval.  While the Office for the Prevention of 
Corruption and Organized Crime (USKOK) continued to improve 
its capacity and authority to manage criminal 
investigations, the country's institutional ability to 
combat corruption remained unproven. The failure of USKOK 
to secure more than a few indictments demonstrated the 
immaturity of the judicial system to handle corruption 
investigations, stemming in part from the lack of a common 
definition of what constitutes corruption. 
 
J.   The GOC has a National Plan for Trafficking in 
Persons, which covers years 2005-2008, and an Operational 
Plan for 2006.  Civil society members and IOM participated 
in development of the plans in addition to the Ministries 
of Interior, Health and Social Welfare, and Justice. 
National and Operational Plans were produced in Croatian 
and English, and were widely distributed to the relevant 
GOC institutions, civil society members and representatives 
of the international community.  Both plans are posted on 
the GOC's website.  In 2005, the GOC also adopted the 
National Plan for Suppression of Trafficking in Children, 
which was developed with the assistance of civil society 
and IOM. 
 
3.   (SBU)   INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
 
A.  No new legislation was enacted during the reporting 
period.  The TIP provision in the penal code covers 
trafficking for sexual exploitation and non-sexual 
exploitation; penalties provide for imprisonment from one 
year to long-term imprisonment (maximum sentence under 
Croatian law).  The law covers both internal and external 
forms of trafficking.  However, there are also other 
provisions that provide penalties for related criminal acts 
such as international prostitution, illegal transfer of 
persons across the state border, and pimping.  These 
provisions were used in prosecution of TIP cases prior to 
the new specific TIP provision, which was enacted in 
October, 2004.  There are no civil penalties for 
trafficking.  During the reporting period, the GOC drafted 
legislation that would allow prosecution of individuals who 
knowingly use the services of trafficking victims.  The 
bill is currently in the Parliament awaiting adoption.  The 
Croatian penal code contains adequate provisions for the 
prosecution of traffickers and perpetrators of similar 
criminal acts. 
 
B.   Penalties for traffickers of people for sexual 
exploitation and for labor exploitation provide 
imprisonment from one to ten years.  However, if the crime 
was committed against a minor, the minimum sentence is five 
years.  If the crime was committed within a criminal group, 
or against large number of persons, or caused the death of 
one or more persons, penalties provide for a minimum of 
five years to long-term imprisonment. 
 
C.   The provision on rape in the Croatian penal code 
provides penalties from one to ten years.  However, if the 
crime was committed against a minor victim, the minimum 
penalty is three or five years, depending upon 
circumstances.  Penalties, therefore, are similar to TIP 
penalties. 
 
 
ZAGREB 00000298  004 OF 007 
 
 
D.   International Prostitution and Pandering are crimes 
according to the Croatian Penal Code and therefore 
activities of brothels owner/operator and pimps are 
criminalized.  Laws against pimping are enforced.  Foreign 
prostitutes may be prosecuted for misdemeanor offences and 
may be deported if they do not fulfill temporary resident 
requirements. 
 
E.   The Ministry of Interior reported that they completed 
seven criminal proceedings, which resulted in  seven 
criminal charges against ten known and several unknown 
perpetrators.  Of the ten, nine were Croatian citizens and 
one was Bosnian.  The GOC reported that one investigation 
resulted in the indictment of two defendants.  Five 
criminal charges were submitted based on the new TIP 
provision and two based on the previous provision 
(slavery), because at the time the crimes were committed 
the new TIP provision had not been not adopted.  In 
addition, police followed and investigated 44 leads 
received from the GOC's helpline (through which over 8.000 
calls were received) which resulted in the following 
criminal charges: Pimping (3), Fraud (2), and International 
Prostitution (1).  One TIP victim was identified and the 
trafficking of another woman was prevented through these 
investigations.  The police actively investigate all 
information received from the helpline. 
 
F.   According to the GOC, large international and domestic 
organized crime groups are behind trafficking.  The GOC 
does not have information or evidence as to where the 
proceeds of crime are being channeled.  Anecdotal sources 
noted that the proceeds of crime have been invested into 
legal businesses and are therefore difficult to uncover. 
 
G.   Police and the State Prosecutors actively investigate 
cases of trafficking.  (see E. of this section)  If 
inquiries into offences cannot be carried out, the 
investigating judge may, upon the request of the State 
Attorney, use surveillance techniques such as: surveillance 
and interception of telephone conversations or means of 
remote technical communication; entry on the premises for 
the purpose of conducting surveillance and technical 
recording of the premises; covert following and technical 
recording of individuals and objects; use of undercover 
investigators and informants; simulated purchase of certain 
objects, simulated bribe-giving and simulated bribe-taking; 
controlled transport and delivery of objects from offences. 
Such measures may also be ordered against persons suspected 
of collaborating with perpetrators.  Information acquired 
using undercover operations and electronic surveillance can 
be used as the evidence in the criminal proceedings. 
 
H.   The Ministry of Interior, in cooperation with IOM and 
the EU CARDS project, completed its 18-month multi-modular 
TIP training - described extensively in last year's report. 
Twenty-six police officers completed the specialized 
training.  The final two sessions focused on harmonization 
of Croatian legislation and specialized TIP education. 
Ministry representatives participated in numerous regional 
trainings and workshops related to TIP, most related to 
detection and identification of traffickers and TIP 
victims.    In addition, the Ministry provided TIP 
education through the Police Academy for various police 
officers: 13 course hours for traffic police, 18 course 
hours for juvenile prevention officers, 6 course hours for 
border police, and 18 course hours for criminal 
investigators.  The Ministry of Justice and the Judicial 
Academy held two workshops during the reporting period. 
With a total of 38 participants, the trainings encompassed 
prosecution of TIP crimes and the role of the judiciary in 
prosecuting TIP crimes.  USAID organized cross border 
cooperation programs, in cooperation with the GOC and 
Bosnian authorities. Representatives of the police, NGOs 
and representatives from Bosnian government and civil 
society participated.  In addition, in partnership with the 
international community, the GOC participated in training 
for health workers, police, prosecutors, and civil society. 
The GOC provided training for 250 border police on 
identification techniques, and training on techniques for 
interviewing foreigners for 20 officers.  Similar training 
for another 50 higher-level officers is planned for spring 
2006. 
 
I.   The Ministry of Interior has close cooperation with 
 
ZAGREB 00000298  005 OF 007 
 
 
Interpol and SECI.  In September the Ministry participated 
in a SECI regional working meeting to combat trafficking in 
persons.  In January the GOC signed an Agreement on 
Cooperation with EUROPOL.  In October, the GOC participated 
in a series of seminars through a regional EU CARDS 
project.  The project's goal was to unify regional 
practices and enhance cooperation in the region.  With 
assistance and cooperation from Croatian police officers, 
the Serbian Government uncovered two criminal groups. 
International cooperation resulted in the discovery of and 
assistance to six TIP victims in Croatia.  Specifically, 
the GOC cooperated with its counterparts in Bulgaria to 
identify, assist, and repatriate the minor victim 
identified in February 2005.  The GOC cooperated with its 
Romanian counterparts to identify and arrest perpetrators 
of trafficking a Romanian victim.  The GOC cooperated with 
its Serbian counterparts to charge perpetrators and 
repatriate a Croatian TIP victim.  The GOC worked with its 
German counterparts to identify and charge a Croatian 
perpetrator suspected of trafficking a Croatian victim for 
labor exploitation.  The GOC cooperated with Bosnian 
authorities to identify Bosnian and Croatian perpetrators 
of trafficking a minor victim. Finally, the GOC cooperated 
with Serbian and Bosnian authorities to identify a 
previously-known perpetrator who was detained for a 
separate crime.  Croatia has signed 28 bilateral agreements 
on the Suppression of Organized Crime, which include 
trafficking .  These agreements provide for direct police 
cooperation.  Internally, the GOC formed in June 2005 a 
working group in Integrational Border Management which 
ensures inter-ministerial cooperation on illegal border 
crossing.  (note: the GOC's State Inspectorate has the 
authority for investigating foreign illegal workers.  End 
note.) 
 
J.   According to the GOC, Croatia did not have any 
requests for extradition of foreign traffickers.  The 
Croatian Constitution prohibits extradition of its 
nationals. 
 
K.   There is no evidence of Government involvement or 
tolerance of trafficking.  However, one police officer was 
dismissed for leaking information in one TIP case. 
 
L.   Not applicable. 
 
M.   The GOC did not identify child sex tourism as a 
problem.  No foreign pedophiles were prosecuted. 
Croatia's child sexual abuse laws do not have 
extraterritorial coverage. 
 
N.   The GOC has signed and ratified the following 
documents: 
 
ILO Convention 182 concerning the prohibition and immediate 
action for the elimination of the worst forms of child 
labor. (Ratified 17.07 2001.) 
 
ILO Convention 29 and 105 on forced or compulsory labor. 
(ILO Convention 29 was taken over from former Yugoslavia 
08.10.1991 and 105 was ratified  05.03.1997) 
 
The Optional Protocol to the Convention on the Rights of 
the Child on the sale of children, child prostitution and 
child pornography. (ratified 21.03.2002) 
 
The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially Women and Children, supplementing the 
UN Convention Against Transnational Organized Crime (signed 
on 13.12.2000 and ratified on 07.11.2002) 
 
4. (SBU) PROTECTION AND ASSISTANCE 
 
A.   In July 2003, the National Committee for the 
Suppression of Trafficking in Persons adopted the Protocol 
on Treatment in Specific Cases of Trafficking in Persons, 
which provides for two stages in the treatment of each 
victim.  The Ministry of Interior and the Ministry of 
Health and Social Welfare apply instructions on the 
treatment of trafficking victims, which contain guidelines 
on victim identification and methods, instructions on how 
to treat trafficked victims and a description of 
cooperation with other agencies involved in dealing with 
TIP problem.  Victims are informed of their rights and how 
 
ZAGREB 00000298  006 OF 007 
 
 
to exercise them.  In cases where victims are minors, the 
Juvenile Courts Act stipulates forms of protection during 
the criminal proceedings before the courts, (i.e. from 
secondary victimization).  The Law on Foreigners was 
amended in 2004 and the Instruction on the Procedure for 
Regulation of the Residence for TIP victims provides for a 
temporary residence permit for TIP victims for one year 
with the possibility of extending that to a second year. 
In 2005, two residence permits were issued to TIP victims. 
Victims of trafficking are provided with legal, medical and 
psychological services. Croatia assisted four new TIP 
victims in shelters last year.  In May, the GOC signed the 
Council of Europe Convention on Action against TIP, 
emphasizing enhancement of mechanisms to protect victims. 
 
B.   The GOC funds NGOs operating the SOS helpline and 
provides funding for a shelter for victims of trafficking. 
The GOC also provides financial support to several NGOs 
involved in anti-TIP activities, and provides assistance to 
trafficking victims, including educational and vocational 
training. 
 
C.   Croatia has a national referral system, employing 
"mobile teams", through which victims are identified and 
referred for assistance.  The GOC has designed protocols 
for the identification and treatment of trafficking victims 
such as: Protocol on Detention and Care for Victims of 
Trafficking in Persons, Instructions for Interviewing 
Illegal Migrants and Other Persons Who are Suspected 
Victims of Trafficking and Rules and Procedures in the 
Shelter.  Special procedure are used for minor victims of 
trafficking.  Border police and other police officers are 
instructed in all protocols. 
 
D.   The government did not deport or punish victims of 
trafficking.  While the law criminalizes international 
prostitution and unauthorized (illegal) border crossings, 
it exempts trafficking victims from prosecution. 
Similarly, the law allows authorities to charge foreign 
prostitutes with a misdemeanor and initiate deportation 
proceedings if they do not fulfill legal requirements for 
their stay in Croatia, but exempts trafficking victims from 
deportation. 
 
E.   The GOC neither encourages nor discourages victims to 
cooperate in TIP cases.  Victim assistance is not 
conditional upon the victim's cooperation with the 
prosecution.  TIP victims are entitled to file both civil 
and criminal lawsuits.  In addition, victims have the right 
to press charges themselves and may continue to prosecute a 
case that has been dropped by the State Prosecutor. 
 
F.   The GOC, in cooperation with civil society and IOM, 
provided assistance to the victims of trafficking: medical, 
legal, accommodation, psychological and re-employment 
counseling, etc.  Although Croatia has a witness protection 
law, in practice during the reporting period the GOC did 
not apply this law for TIP cases.  The GOC reported that 
one minor victim was placed in a juvenile justice center. 
 
G.   Specialized police training is described in the 
Investigation and Prosecution section.  During the 
reporting period the Ministry of Interior, in cooperation 
with IOM, completed multi-modular seminars for the police, 
state prosecutors, NGOs, and investigative judges.  Begun 
in 2004, the program reached 1,600 police officers. The 
police academy continued to teach anti-trafficking within 
different subjects as a regular part of its curriculum. 
Training on identification of victims was added to the 
professional diplomatic courses at the Ministry of Foreign 
Affairs' Diplomatic Academy.  In October, the GOC organized 
and hosted a regional conference on preventing TIP in the 
region.  The conference drew 140 participants from around 
the region and examined the UN Convention Against 
Transnational Organized Crime, development of a juvenile 
protocol, and strengthening regional cooperation.  In 
December, the GOC organized a series of seminars to educate 
16 journalists on TIP issues, with a special emphasis on 
the protection of victim identity.  USAID, in cooperation 
with the GOC, organized training for 20 doctors and nurses 
in identifying and assisting TIP victims.  Social workers 
from the Ministry of Health and Social Welfare also 
participated in two three-day protection seminars organized 
by USAID. 
 
ZAGREB 00000298  007 OF 007 
 
 
 
H.   Repatriated nationals are entitled to state health 
care, and Croatian citizens generally are repatriated to 
their families.  According to the GOC, Croatian citizens 
who have been identified as TIP victims have been offered 
all forms of assistance. 
 
I.   One NGO (Organization for Integrity and Prosperity, or 
OIP) runs a shelter for victims funded by the GOC and IOM. 
Three NGOs run the SOS helpline (OIP, Rosa, Women 
Association Vukovar), and two NGOs (Korak and Rosa) provide 
for the victims assistance offering alternative 
accommodation.  The Croatian Red Cross operates temporary 
reception centers for TIP victims.  The IOM Mission in 
Croatia was engaged in training for police officers, 
prosecutors, and NGOs, and supported various NGOs that 
provide direct assistance to TIP victims.  NGOs and IOM 
reported that cooperation with local authorities was 
excellent. 
 
5.   (U) Embassy point of contact is Political Officer 
Kirsten Selinger.  Phone: 385-1-661-2250, fax: 385-1-661- 
2147.  In preparing the report, the 03-ranked officer spent 
approximately 20 hours and a local assistant spent 
approximately 15 hours. 
FRANK