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RR RUEHAG RUEHAST RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA
RUEHLN RUEHLZ RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHTH #0501/01 0680913
ZNR UUUUU ZZH
R 090913Z MAR 07
FM AMEMBASSY ATHENS
TO RUEHC/SECSTATE WASHDC 8373
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHTA/AMEMBASSY ALMATY 0140
RUEHAE/AMEMBASSY ASMARA 0040
RUEHEK/AMEMBASSY BISHKEK 0045
RUEHCH/AMEMBASSY CHISINAU 0203
RUEHIL/AMEMBASSY ISLAMABAD 0542
RUEHOS/AMCONSUL LAGOS 0214
RUEHNE/AMEMBASSY NEW DELHI 0210
RUEHTL/AMEMBASSY TALLINN 0045
RUEHNT/AMEMBASSY TASHKENT 0098
RUEHYE/AMEMBASSY YEREVAN 0099
RUEAWJA/DEPT OF JUSTICE WASHDC
RUEHC/DEPT OF LABOR WASHDC
RUEATRS/DEPT OF TREASURY WASHDC

UNCLAS SECTION 01 OF 06 ATHENS 000501 
 
SIPDIS 
 
SENSITIVE SIPDIS 
 
FOR EUR/SE, EUR/PGI, G/TIP, INL/HSTC, G, DRL, PRM, IWI 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG KFRD PREL PREF ELAB GR
SUBJECT: GREECE PART 3: TIP REPORT SUBMISSION 2007 
 
REF: A. 2006 State 202745 
 
The following is Sensitive but Unclassified.  Please Protect 
Accordingly. 
 
¶1. (SBU) Below are Embassy Athens' responses to the 2007 TIP report 
questionnaire.  Text is keyed to Ref A request for "Investigation 
and Prosecution"Section .  This is the third of four cables. 
 
¶2. (SBU) INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
         --------------------------------------------- 
For questions A-D, posts should highlight in particular whether or 
not the country has enacted any new legislation since the last TIP 
report. 
 
-- A. Does the country have a law specifically prohibiting 
trafficking in persons--both trafficking for sexual exploitation and 
trafficking for non-sexual purposes (e.g. forced labor)? If so, what 
is the law?  Does the law(s) cover both internal and external 
(transnational) forms of trafficking? If not, under what other laws 
can traffickers be prosecuted?  For example, are there laws against 
slavery or the exploitation of prostitution by means of coercion or 
fraud?  Are these other laws being used in trafficking cases?  Are 
these laws, taken together, adequate to cover the full scope of 
trafficking in persons?  Please provide a full inventory of 
trafficking laws, including civil penalties, (e.g., civil forfeiture 
laws and laws against illegal debt). 
 
Greek law 3064/2002 signed in October 2002 and Presidential 
Decree 233/2003 specifically prohibit trafficking in persons for sex 
or labor inside or outside Greek territory, and are considered by 
NGO legal experts to be model pieces of anti-trafficking 
legislation. 
 
In 2005, the Parliament passed a new Immigration Law 
(3386/2005), which, among general immigration provisions, also 
provides for central issuance and renewal of residence permits for 
TIP victims with no fee, special care for minor victims, and a one 
month reflection period, which can be extended for minors. (Ref 05 
Athens 2113)  Excerpts of the relevant articles are available in 
English for review. 
 
The Law on Organized Crime (2928/2001), which applies to TIP cases 
when an organized network is involved in the trafficking, governs 
investigative capabilities of law enforcement and provides for 
witness protection. 
 
In 2004, the MOJ amended certain provisions of Presidential Decree 
233/2003.  The amended Presidential Decree guarantees victim 
benefits from the provisions on protection, support and assistance, 
as well as requires that NGOs be accredited to offer assistance 
during screening procedures and victim support.  The Ministry of 
Interior's 2004 amendments to the Presidential Decree to allow 
foreign victims of trafficking a combined residence and work permit 
and to exempt victims from paying a deposit for the permits were 
included in the 2005 Immigration Law.  Other laws on pimping, 
illegal prostitution, violence, rape, exploitation, and coercion 
have been used in the past to combat TIP and are sufficient to cover 
the full scope of trafficking. 
 
-- B. What are the penalties for traffickers of people for sexual 
exploitation?  For traffickers of people for labor exploitation? 
 
Penalties for trafficking in people for sexual or labor exploitation 
vary, but include incarceration for up to ten years and a fine of 
10,000 to 50,000 euros.  Offenders who exploit minors, exploit 
employees, or cause serious Physical injury to victims face a 
minimum ten year imprisonment and fine of 50,000 to 100,000 euros. 
 
 
Traffickers who kill their victims face life imprisonment.  Because 
felony trials usually require at least 5-6 years to fully make their 
way through the appeals process, there has not yet been a fully 
appealed conviction under the 2002 anti-trafficking law. There are 
numerous ongoing trials. 
 
 
ATHENS 00000501  002 OF 006 
 
 
-- C. What are the penalties for rape or forcible sexual assault? 
How do they compare to the penalty for sex trafficking? 
 
Penalties for rape and forcible sexual assault vary depending on the 
circumstances surrounding the crime and the damage to the victim, 
but range from five years to life imprisonment. The penalties 
compare appropriately to those for sex trafficking. 
 
-- D. Is prostitution legalized or decriminalized? Specifically, are 
the activities of the prostitute criminalized?  Are the activities 
of the brothel owner/operator, clients, pimps, and enforcers 
criminalized? 
Are these laws enforced? If prostitution is legal and regulated, 
what is the legal minimum age for this activity? 
Note that in many countries with federalist systems, prostitution 
laws may be covered by state, local, and provincial authorities. 
 
Prostitution and brothel ownership are legal and regulated by the 
state.  However, one street based NGO reports that virtually none of 
the brothels in Athens have valid licenses and, for a variety of 
reasons, including not wanting to create a red-light district within 
the city, neither the GoG nor the City of Athens has addressed these 
unlicensed facilities or unlicensed prostitutes or enforced a law 
that prohibits such uses within a certain distance of a school or 
church.  Prostitutes must register at the local prefecture and carry 
a medical card that is updated every two weeks.  The minimum age is 
18 (according to Article 6 of law 1193/81).  Most prostitution in 
Greece that occurs is illegal, that is, the prostitutes are not 
licensed by the state - and they work through newspaper ads, private 
operators, in bars, or in strip clubs. 
 
-- E. Has the Government prosecuted any cases against traffickers? 
If so, provide numbers of investigations, prosecutions, convictions, 
and sentences, including details on plea bargains and fines, if 
relevant and available.  Are the traffickers serving the time 
sentenced:  If no, why not? Please indicate whether the government 
can provide this information, and if not, why not? (Note: complete 
answers to this section are essential. End Note.) 
 
The Ministry of Public Order reported that in 2006, there were 70 
cases of trafficking investigated by law enforcement authorities; 66 
cases of sexual exploitation and 4 cases of labor exploitation.  20 
were committed by organized crime networks.  206 perpetrators were 
arrested and charged with different charges including articles 323A 
(Trafficking in Persons) and 351 (Trade in Human Beings for Sexual 
Exploitation) of the anti-trafficking law (3064/2002). 
 
Of the 206: 
-- 44 were remanded in custody 
-- 56 were released and are awaiting trial 
-- 70 were released on restrictive terms 
-- 29 were charged and are awaiting trial 
-- arrest warrants were issued for seven 
 
The Ministry of Justice reported that trafficking cases had the 
following developments in 2006: 
 
-- 49 penal prosecutions were set in motion 
-- 59 first and second-degree rulings were issued, of which 57 are 
guilty for 78 defendants out of a total of 84 defendants, and two 
are not-guilty for 3 defendants out of a total of 6 defendants. 
-- penal prosecution was terminated in 17 cases for 18 defendants in 
a total of 20 defendants. 
 
-- 8 guilty rulings were issued on first and second degree for 
violations of article 351 "Trade in Human Beings for Sexual 
Exploitation" of the anti-trafficking law (3064/2002). 
 
Under Greek law, each conviction will be appealed at least one time 
and defendants can also go to the Supreme Court for a second appeal. 
 The conviction will not be final until appeals are completed.  NGOs 
point out that on some occasions, traffickers who were convicted in 
their first trial and potentially face long prison sentences are 
admitted to bail during the pendency of the appellate-level trial. 
However this is not always the case.  The government provided 
information that in April, the Felony Appeals Court of Athens 
 
ATHENS 00000501  003 OF 006 
 
 
sentenced two Romanian trafficking defendants to 12 years 
imprisonment and denied them the right to bail while their cases are 
on appeal.  In February 2007, the Felony Court of Athens sentenced a 
Nigerian defendant to 19 years imprisonment and denied his request 
for bail pending appeal. 
 
¶F. Is there any information or reports of who is behind the 
trafficking?  For example, are the traffickers freelance operators, 
small crime groups, and/or large international organized crime 
syndicates?  Are employment, travel, and tourism agencies or 
marriage brokers fronting for traffickers or crime groups to traffic 
individuals? Are government officials involved?  Are there any 
reports of where profits from trafficking in persons are being 
channeled?  (e.g. armed groups, terrorist organizations, judges, 
banks, etc.) 
 
Arrest statistics and police reports indicate that Greek and Eastern 
European criminals and mafia are the primary movers in illegal 
trafficking rings, though the size and nature of trafficking 
organizations is said to vary widely.  MPO statistics show that 206 
perpetrators were arrested and charged in 2006 with violations of 
Article 323A and 351 of the anti-TIP law (3064/02).  There were 28 
Albanian perpetrators, 12 Bulgarian perpetrators, 142 Greek 
perpetrators, 3 Iraq perpetrators, 1 Kazakhstan perpetrator, 2 
Lebanese perpetrators, 4 Nigerian perpetrators, 1 Ukrainian, 9 
Romanian  perpetrators, and 4 Russian perpetrators.  NGOs in Greece 
and abroad, the media, and police report that some travel agencies, 
especially those that deal with Eastern Europe, are involved in 
trafficking rings.  NGO activists and journalists reported that some 
Greek consular officials abroad facilitate trafficking by granting 
visas, possibly via bribery or coercion, to TIP victims.  There are 
no reports to indicate profits going to terrorist organizations; 
information from arrests indicates that most profits go to criminal 
entrepreneurs. 
 
-- G. Does the government actively investigate cases of trafficking? 
 Does the government use active investigative techniques in TIP 
investigations? To the extent possible under domestic law, are 
techniques such as electronic surveillance, undercover operations, 
and mitigated punishment or immunity for cooperating suspects used 
by the government?  Does the criminal procedure code or other laws 
prohibit the police from engaging in covert operations? 
 
The MPO has the lead in actively investigating trafficking cases. 
The Hellenic Police have deployed specialized anti-trafficking units 
in Athens and Thessaloniki since 2003. 
The Chief of Police established 12 new anti-trafficking police units 
throughout Greece in January 2006.  The units were established in 
the prefectures of Arcadia, Achaia, 
Ioannina, Kozani, Larisa, Rodopi, Serres, Fthiotida and the islands 
of Crete, Corfu, Lesbos, and the island chain of the Cyclades and 
join those already working in Athens, Thessaloniki, Ioannina and two 
in Thrace.  The units are specially trained to conduct all TIP 
operations and respond to all TIP incidents encountered by other 
officers.  NGOs complain that if a TIP case does not lead to a crime 
and arrest, the police are often unwilling to pursue the case solely 
on the basis of victim protection. 
 
Police officials use active techniques -- posing as clients, 
collecting intelligence, and answering newspaper ads - to 
investigate cases.  Greek witness protection programs are far less 
advanced than in the U.S. Greek law does not prohibit undercover 
operations, as long as prosecutorial permission is obtained.  Police 
regularly break up trafficking rings and arrest suspected 
traffickers.  Law enforcement authorities can actively investigate 
TIP cases under the provisions of the Organized Crime law and do so 
to the extent possible under domestic law.  Greek law allows for 
limited electronic surveillance, though it is not always admissible 
in court. 
 
-- H. Does the government provide any specialized training for 
government officials in how to recognize, investigate, and prosecute 
instances of trafficking? 
 
-- The Ministry of Public Order held a conference in November 2006 
on the "Ilaeira" initiative to combat trafficking in human beings 
 
ATHENS 00000501  004 OF 006 
 
 
announced in the EU Council of Ministers in April 2006.  The 
Conference, the scope of which was to further improve trans-border 
police cooperation in bilateral and multilateral level, was attended 
by police personnel from 20 countries and four international bodies 
(EUROPOL, EUROJUST, FRONTEX, INTERPOL).  The MPO's ILAEIRA project 
targets prosecutors, law enforcement officials, and NGOs, in 
addition to police task forces. 
 
-- As part of the National Action Plan to Confront Trafficking in 
Persons, the Union of Public Prosecutors in Greece and the IOM held 
a 2-day conference in June 2006.  The conference entitled "The 
Combating of Human Trafficking" was financed by the MFA Hellenic Aid 
Division.  The scope of the conference was to train Prosecutors in 
applying the protections guaranteed to victims under the 
anti-trafficking legislation. 200 Prosecutors from all over Greece, 
out of a total of 400, attended this training conference.  IOM 
Director, Daniel Esdras reported that in the immediate aftermath of 
the conference, he began to receive telephone calls from prosecutors 
across the country asking for assistance in identifying a potential 
victim. 
 
-- As part of the National Action Plan to Confront Trafficking in 
Persons, the Ministry of Employment in cooperation with IOM held a 
training seminar for Labor Inspectors on October 21, 2006 on how to 
recognize victims of labor trafficking.  The seminar was attended by 
virtually all 180 Labor Inspectors in Greece. 
 
 
--I. Does the government cooperate with other governments in the 
investigation and prosecution of trafficking cases? If possible, can 
post provide the number of cooperative international investigations 
on trafficking? 
 
Greece is a leader in promoting increased regional law enforcement 
cooperation.  During the reporting period, Greek police force 
continued taking part in EUROPOL, INTERPOL, SECI, Black Sea 
Initiative, and other international organs meeting and conferences. 
Greek police have good ongoing bilateral cooperation with 
neighboring countries' police forces.  Police personnel from 
Albania, Macedonia and Bulgaria meet regularly and whenever an issue 
rises to coordinate passport controls, to police non-controlled 
border areas in order to combat illegal immigration and to combat 
illegal trafficking in persons, narcotics and arms. The Police have 
liaison police personnel residing in Italy, Bulgaria, Cyprus, 
Turkey, Albania, Russia, Ukraine, Macedonia, Croatia, 
Bosnia-Herzegovina, Serbia-Montenegro, Romania and Lebanon to 
further enhance police cooperation. 
 
The Southeast European Cooperative Initiative (SECI) hosted a 
regional meeting on October 4 in Kastoria (northwest Greece) to 
discuss the state of play and cooperation among participating states 
on Trafficking in Persons (TIP) and illegal migration. 
Representatives of SECI and of the Ministries of Interior and 
Prosecutors' Offices from Albania, Bulgaria, the Republic of 
Macedonia, Greece and Turkey attended the meeting. The participants 
agreed that TIP and illegal migration have become more sophisticated 
within the past few years throughout the region and that SECI states 
must continue to develop more active and efficient cooperation. 
Current cooperation includes the exchange of information via 
contacts established at SECI Center, periodic meetings between 
member states and SECI coordination of international investigation 
cases linked to TIP and illegal migration. 
 
-- J. Does the government extradite persons who are charged with 
trafficking in other countries?  If so, can post provide the number 
of traffickers extradited?  Does the government extradite its own 
nationals charged with such offenses?   If not, is the government 
prohibited by law form extraditing its own nationals?  If so, what 
is the government doing to modify its laws to permit the extradition 
of its own nationals? 
 
The Greek Government can extradite persons charged with trafficking 
to other countries, however we have no information on such 
extraditions.  Greek citizens can be extradited to EU countries that 
are parties to the "EU arrest warrant," but are protected from 
extradition to certain countries.  For example, Greek nationals are 
 
ATHENS 00000501  005 OF 006 
 
 
protected from extradition to the U.S. based on article 8 of the 
1931 extradition treaty. 
 
-- K. Is there evidence of government involvement in or tolerance of 
trafficking, on a local or institutional level?  If so, please 
explain in detail. 
 
There is no evidence of government involvement in trafficking on an 
institutional level.  NGOs and the media report that some local 
police take bribes or free sex services from traffickers, patronize 
establishments implicated in TIP, or ignore the problem.  Anecdotal 
reports support this phenomenon.  There were accusations made by an 
NGO of corruption at a Greek consulate in Russia because it had 
issued legitimate visas to TIP victims with little documentary 
evidence and no personal interview, either of which might have 
uncovered misrepresentations on the visa applications.  (Note: Not 
all Russian applicants are asked to travel to Moscow for interviews. 
 End Note.)  Likewise, there were press reports that a Greek Consul 
General in Albania was removed from his position on the basis of 
charges that he issued visas to trafficking victims for a fee. 
 
-- L. If government officials are involved in trafficking, what 
steps has the government taken to end such participation?  Have any 
government officials been prosecuted for involvement in trafficking 
or trafficking- related corruption? Have any been convicted?  What 
actual sentence was imposed?  Please provide specific numbers, if 
available. 
 
The GoG provided no information about government officials involved 
in trafficking. 
 
-- M. If the country has an identified child sex tourism problem (as 
source or destination), how many foreign pedophiles has the 
government prosecuted or deported/extradited to their country of 
origin? Do the country's child sexual abuse laws have 
extraterritorial coverage (like the U.S. PROTECT Act)? 
 
Greece has not been identified to have a child-sex-tourism problem 
either as a source, transit, or destination country. 
 
In 2006, the Internet Crime Police Division dismantled networks 
dealing in child pornography through the Internet.  34 Greeks and 3 
aliens, identified as members of international networks, were 
arrested and charged under child pornography statutes.  The 
division, which prioritizes and aggressively pursues child 
pornography cases, reported a dramatic increase of crime through the 
Internet during the last three years. 
 
-- N. Has the government signed, ratified, and/or taken steps to 
implement the following international instruments? Please provide 
the date of signature/ ratification if appropriate. 
 
The GOG ratified ILO -(International Labor Organization) Convention 
No 182 on the worst forms of child labor on June 15, 2001.  It 
ratified the ILO's 29th convention 29 on Forced Labor on June 13, 
1952, and ILO convention 105 on the Abolition of Forced Labor on 
June 19, 1961. 
 
The GoG signed the optional protocol to the Convention of the Rights 
of the Child on the Sale of Children, Child 
Prostitution, and Child Pornography on September 7, 2000. 
 
The GoG signed the Protocol to Prevent, Suppress, and Punish 
Trafficking in Persons, supplementing the UN Convention against 
Transnational Organized Crime on December 13, 2000. 
 
Additionally, Greece signed the Council of Europe Convention Against 
Trafficking in Human Beings 17 November 2005 and reported a year ago 
that it would soon ratify this instrument.  It remains unratified. 
The convention is said to contain more binding language than the 
Palermo Protocol and establishes mechanisms to ensure compliance. 
The Council of Europe calls it "a comprehensive treaty that mainly 
focuses on the protection of victims of trafficking and safeguarding 
of their rights."  It also aims at preventing trafficking and 
prosecuting traffickers.  The Convention applies to all forms of 
trafficking, national or transnational, related to organized crime 
 
ATHENS 00000501  006 OF 006 
 
 
or not, any type of victims - women, men, or children, and any form 
of exploitation, sexual, forced labor or services, etc, which  is in 
line with the existing Greek legal framework.  The 
Convention provides for setting up an independent monitoring 
mechanism guaranteeing parties compliance with its provisions.  Some 
NGOs have called upon the GoG to ratify the UN Trafficking in 
Persons Protocol and the 'Council of Europe Convention on Action 
Against Trafficking in Human Beings' as quickly as possible. 
 
Greece 2007 TIP Report Submission Continued Septel. 
 
RIES