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Viewing cable 08BELGRADE224, ANNUAL ANTI-TRAFFICKING REPORT IN PERSONS (TIP) REPORT FOR

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Reference ID Created Released Classification Origin
08BELGRADE224 2008-03-11 15:23 2011-08-26 00:00 UNCLASSIFIED Embassy Belgrade
VZCZCXRO1654
RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHBW #0224/01 0711523
ZNR UUUUU ZZH
R 111523Z MAR 08
FM AMEMBASSY BELGRADE
TO RUEHC/SECSTATE WASHDC 0028
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RHMFIUU/DEPT OF JUSTICE WASHINGTON DC
RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUEHBW/AMEMBASSY BELGRADE 0048
UNCLAS SECTION 01 OF 07 BELGRADE 000224 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, EUR/SCE 
DEPT PASS USAID 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM SMIG KFRD ASEC PREF PREL PGOV ELAB SR
SUBJECT: ANNUAL ANTI-TRAFFICKING REPORT IN PERSONS (TIP) REPORT FOR 
SERBIA 
 
REF: STATE 2731 
 
BELGRADE 00000224  001.2 OF 007 
 
 
----------- 
 
1. OVERVIEW 
 
----------- 
 
 
 
A. Serbia is a country of origin, transit, and a destination for 
internationally trafficked men, women, and children. The Agency 
for the Coordination of Protection of Victims of Trafficking 
recorded 60 TIP victims. Of these, there were 51 females and 9 
males; 26 were minors. In the vast majority of cases, women and 
girls were trafficked for sexual exploitation (26); in some 
cases, children were trafficked into forced labor or street 
begging (10). In more than three-fourths of the cases (48 of 
60), recruitment of victims and trafficking operations occurred 
completely within Serbia's borders; in most other cases, 
traffickers promised victims in Eastern Europe lucrative job 
opportunities in Western Europe via the Balkans. Agencies for 
trafficked victims and government officials acknowledge that the 
actual number of victims is likely higher than its recorded 
statistics, as societal norms discourage many victims from 
reporting the crime.  However, official figures track generally 
with those reported by NGOs and are probably the most accurate 
tally available. As in previous years, women and children of 
poor economic means, orphans, and displaced persons were most at 
risk for trafficking. 
 
 
 
B. Following the trend noted in previous TIP reports, the number 
of Serbian victims identified increased slightly, but the 
increase (2) is statistically insignificant and may as likely be 
the result of improved detection, law enforcement, and NGO 
efforts as increased trafficking. This year more than 
three-fourths of identified victims (48 of 60) were Serbian, and 
all but nine were female. Other victims came from Macedonia (2), 
Ukraine (1), Moldova (1), Bulgaria (2), Romania (1), China (4), 
and Croatia (1). Unlike last year, there were four reports of 
non-European victims in Serbia. 
 
 
 
Serbia's political will to address trafficking is strong, 
despite limited resources to finance victim services.  Serbia 
continues to aim to become a leader in its region in 
implementing best practices. 
 
 
 
Traffickers tend to be part of small crime groups with 
international links. They operate amid Serbia black and gray 
markets in Serbia, where it is not uncommon to deal with 
employers or recruiters making under-the-table deals promising 
travel and work opportunities. There is no evidence of 
government officials' involvement. There are no reliable reports 
about channeling trafficking profits. 
 
 
 
Victims were often promised jobs as dancers, waitresses, or sex 
workers but were not aware that they would be forced to work in 
substandard conditions or have their documents taken from them 
and be held against their will. Traffickers used Internet chat 
rooms and SMS messaging to recruit young people, promising 
modeling opportunities or other lucrative jobs, though it 
appears that this was not a common tactic. In some cases, 
traffickers use falsified documents. In most case, friends or 
family members took part in the trafficking scheme, facilitating 
contact between the traffickers and victims. Many victims from 
Serbia reported to NGOs that their families sold them into 
trafficking as minors. 
 
 
 
C. The government continued to fund anti-trafficking programs. 
It has adequate funding for training of police and other 
government officials, and this year it committed additional 
funds for educational prevention programs.  However, the 
government relies on NGOs to provide services to victims of 
trafficking, including counseling, legal assistance, and 
reintegration programs. The government's Agency for Coordination 
of Protection of Victims in Trafficking has no budget of its own 
 
BELGRADE 00000224  002.2 OF 007 
 
 
for anti-trafficking programs; it calls on NGOs and two 
affiliated shelters to provide services to victims. Despite this 
challenge, the National Coordinator is able to oversee all 
aspects of anti-trafficking programs, including coordination 
with NGOs, through regular meetings of the Anti-Trafficking Team 
and direct communication with NGOs. Although corruption is 
widespread in Serbia, the government's anti-trafficking 
apparatus is relatively efficient and committed to rooting out 
corruption. 
 
 
 
D. The Anti-Trafficking Team (AT Team leads anti-trafficking 
efforts. The National Coordinator heads the AT Team and serves 
as the single point of contact for all anti-trafficking efforts. 
(The retirement of the previous National Coordinator has left 
the position vacant.) The AT Team includes representatives of 
relevant government ministries (Interior; Justice; Foreign 
Affairs; Finance and Economy; Labor, Employment and Social 
Policy; and Education and Sports), the government's Council for 
the Rights of the Child, NGOs, and international organizations. 
The AT Team met once during the year to discuss developments in 
trafficking in persons. The team has working groups to address, 
among other issues, prevention and education, victim assistance, 
law enforcement, and children. According to AT Team NGO members, 
only the victim assistance group met regularly, and others met 
rarely, if at all, during the year. 
 
 
 
The organized crime police force includes a full-time 
trafficking unit, and the border police force has a full-time 
office to combat trafficking and alien smuggling. The government 
coordinates the protection of victims through the Agency for 
Coordination (within the Ministry of Labor, Employment and 
Social Policy), which refers victims to appropriate governmental 
and NGO services. 
 
 
 
The Ministry of Interior also updates information about 
anti-trafficking efforts and makes it available to the public on 
its website, and the National Coordinator compiles yearly data 
on TIP investigations. Officials have spoken publicly about the 
region's trafficking problem and shared information with their 
regional counterparts to coordinate regional anti-trafficking 
activities. 
 
 
 
--------------------------------------------- -- 
 
2. INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
 
--------------------------------------------- -- 
 
 
 
A. The criminal code for Serbia, which went into effect in 
January 2006, differentiates between trafficking in persons and 
smuggling. The article on trafficking in persons prohibits 
trafficking for both sexual and non-sexual exploitation, and 
covers both internal and external forms of trafficking. There is 
a separate article of the code prohibiting trafficking of 
children for the purposes of adoption, and another article 
prohibiting slavery. The 2006 Constitution also includes two 
provisions that identify trafficking in persons and slavery as 
crimes. 
 
 
 
B. Under article 388 of the criminal code, the penalties are the 
same for sexual and non-sexual exploitation. The penalty for 
trafficking in persons is 2 to 10 years in prison; for 
trafficking minors, the penalty is a minimum of 3 years; if the 
act of trafficking resulted in death, the penalty is a minimum 
of 10 years; if it involved serious physical injury, the penalty 
is 3 to 15 years; if there were multiple acts of trafficking or 
if perpetrated by an organized group, the penalty is a minimum 
of 5 years. In cases of trafficking for adoption, if the victim 
is under 14 years old, the penalty is 1 to 15 years. 
 
 
 
C. Trafficking for the purposes of labor exploitation is covered 
 
BELGRADE 00000224  003.2 OF 007 
 
 
under article 388, and penalties are the same as for trafficking 
for sexual exploitation. However, article 390 of the criminal 
code stipulates that whoever "puts someone in slavery relation 
or a relation similar to the slavery and keeps him/her in that 
position, whoever buys, sells or transfers such a person to 
somebody else, or whoever helps in purchase, sale or transfer of 
such a person, and whoever encourages someone to sell his 
freedom or freedom of the person he/she supports, shall be 
punished with imprisonment of one to ten years." The punishment 
for transporting someone held as a slave from one country to 
another is 6 months to 5 years and for any of the above offenses 
committed against a minor, the punishment is 5 to 15 years. 
 
 
 
D. The penalties for rape are the same as those for trafficking 
in persons (2 to 10 years). The penalty for sexual abuse is 1 to 
10 years. 
 
 
 
E. The prostitute's activities constitute a misdemeanor; 
facilitation of prostitution (i.e., the activities of brothel 
owners, operators, and pimps) is a criminal act. However, being 
a client of a prostitute is not an offense. The laws are 
generally enforced. 
 
 
 
F. During the year, the government filed 34 criminal charges 
against 62 peoplem based on the criminal code article 388 on 
trafficking in persons. Of the 34 total, 30 were cases of sexual 
exploitation and 4 were labor exploitation. These charges 
include all aspects of trafficking, from recruiting, assisting 
in the transfer of victims, holding victims in servitude, using 
coercion or abuse, and withholding documents. Sentences tended 
to range from 2 to 5 years.  However, Serbia's problem of 
traffickers not serving their time persists. In the country's 
judiciary system across the board, defendants are given multiple 
opportunities to appeal the verdicts.  Even after a verdict is 
confirmed by the Supreme Court, inefficient administrative 
procedures hold up the justice system, and it is not uncommon to 
see indicted criminals free to walk the streets even years 
afterwards. However, in 2007 there were two high-profile cases 
in Novi Sad and in Novi Pazar in which the defendants were 
convicted and began serving their sentences immediately.  The 
judge in the Novi Sad case sentenced the defendant to 12.5 years 
imprisonment, the stiffest sentence for human trafficking to 
date. 
 
 
 
G. The government, mainly through NGO- and IO-sponsored 
programs, provides extensive training to police, prosecutors, 
judges, and other officials in how to recognize, investigate, 
and prosecute trafficking. In addition to the national 
Anti-Trafficking Team, every municipality is now required to 
have a two-person AT team (one police, one social welfare 
worker) to provide rapid response and assistance to possible 
victims of trafficking. NGOs reported improved cooperation with 
the local teams, especially in the northern province of 
Vojvodina. During the year, 11 centers came on line offering 24 
hours assistance to TIP victims. 
 
 
 
The government actively investigates cases of trafficking. Since 
2005, Serbian law allows for techniques such as electronic 
surveillance, undercover operations, and mitigated punishment or 
immunity for cooperating suspects. Intercepted phone calls and 
wire taps provided evidence for high-profile cases in previous 
years. In addition, in January 1, 2006, the Serbian government 
implemented a victim/witness protection program that provides 
victims and witnesses undercover protection and allows immunity 
for witnesses who testify in court. The law was first put into 
effect in the 2007 Novi Pazar case, in which a bookkeeper 
testified against seven men, including the regional vice 
prosecutor, for running a human trafficking and prostitution 
ring; all defendants were prosecuted, convicted, and sentenced. 
 
 
 
H. The government continues to cooperate with all of its 
neighbors, including Bosnia and Herzegovina, Croatia, Hungary, 
Slovenia, Bulgaria, Romania, Greece and Ukraine. 
 
BELGRADE 00000224  004.2 OF 007 
 
 
 
 
 
I. The Constitution prohibits the extradition of Serbian 
citizens (even those with dual citizenship) except to the Hague 
Tribunal for war crimes. The Serbian government has no plan to 
modify its laws to permit extradition of its own citizens. 
 
 
 
J. There is no evidence of government involvement in or 
tolerance of trafficking at any level. In regards to last year's 
report, the seven men involved in the Novi Pazar case are now 
carrying out sentences. 
 
 
 
K. The Inspectorate General within the Ministry of Interior 
investigates cases against employees suspected of abusing their 
positions. In 2007, there were no complaints filed against any 
police officers or other Ministry of Interior employees for 
charges related to trafficking in persons. 
 
 
 
L. The government has not deployed more than 100 troops in 
international peacekeeping efforts. 
 
 
 
M. We are not aware of any child sex tourism problems in Serbia. 
 
 
 
------------------------------------------ 
 
3. PROTECTION AND ASSISTANCE 
 
------------------------------------------ 
 
 
 
A. Since July 2005, the government provides free access to 
medical care to trafficking victims (both foreign and domestic). 
The government works closely with NGOs to ensure that victims 
receive adequate shelter, access to legal, and medical and 
psychological services. There were no reports of facilities 
denying services to TIP victims. Serbia has two shelters for TIP 
victims; during the year, 34 TIP victims were accommodated 
there. Atina accommodated 14 victims, including 2 minors, in its 
transition house and provided reintegration activities to 47 
women and 4 males, including 22 minors 
 
 
 
B. The government provides temporary residence permits for 
victims of trafficking free of charge. Permits are typically 
issued for an initial period of three to six months, up to one 
year. Several anti-trafficking agencies have stated that 
temporary residency permits are not difficult to obtain and that 
victims may easily adjust their status after receiving permits. 
Since 2005 over 22 victims of trafficking have received 
temporary residence status in Serbia with the help of the Agency 
for Coordination, including 6 in 2007 - from Ukraine (2), 
Bulgaria (1), Macedonia (1), Moldavia (1) and Romania (1). 
 
 
 
C. The government pays the salaries of the two workers at the 
Agency for Coordination, but it has no funding for NGO services. 
The government relies on NGO and IO programs to provide services 
to trafficking victims, and signaled to the Agency for 
Coordination that budget funds will be allocated to them for 
their activities in the near future.  In 2007, the GOS 
coordinated a one week mandatory anti-trafficking stamp issuance 
to provide funding for the Agency for Coordination, to take 
place in January 2008.  All mail sent during this one-week 
period will require a 10-dinar (20-cent) stamp emblazoned with 
an anti-trafficking logo. This indirect "stamp tax" has been 
used in the past to raise capital for other government projects 
such as the building of the national cathedral. The government 
intends this effort to fund a an account 100 troops from which 
the Agency for Coordination would provide emergency assistance, 
including essential clothing and short term shelter to 
trafficking victims. 
 
BELGRADE 00000224  005.2 OF 007 
 
 
 
 
 
D. Because most of the trafficking in Serbia is for sexual 
exploitation, Serbian authorities have made at-risk services 
(night clubs, restaurants, massage parlors, discos, etc.) the 
focus of training for law enforcement. Consular and border 
officials are also trained to look for signs of trafficking in 
immigration cases. 
 
 
 
The Agency for Coordination officially identifies victims and 
coordinates the provision of services from the government, NGOs, 
and IOs. Police, other NGOs, shelters, and SOS hotline operators 
work directly with the Agency for Coordination when they suspect 
they have a victim of trafficking in custody. Training of law 
enforcement officials to recognize trafficking victims has been 
extensive, and the NGOs report that, in general, authorities 
correctly identify and transfer victims to appropriate service 
providers. 
 
 
 
E. Prostitution is a misdemeanor in Serbia. Soliciting a 
prostitute is not illegal. 
 
 
 
F. Generally, the rights of victims are respected.  Extensive 
law enforcement training to identify trafficking victims has 
apparently eliminated the problem of victims being detained, 
jailed or deported. Victims have not been prosecuted for 
violations of other laws, such as prostitution. There were no 
reports that judges in municipal courts treated the victims like 
criminals or prostitutes. However, some courts have continued to 
show insensitivity to victims' hardship by scheduling the 
victims and accused traffickers to testify on the same day, 
despite the victims' objections. 
 
 
 
G. The government encourages victims to assist in the 
investigation and prosecution of trafficking, and facilitates 
this through its victim/witness protection program. According to 
several NGO's, over 90% of TIP victims report their crimes to 
the police and assist them in their investigations. Serbia also 
allows victims to file civil suits against their traffickers for 
compensation. Victims who are pursuing criminal or civil suits 
are entitled to temporary residence permits and may obtain other 
employment or leave the country pending trial proceedings. There 
is no restitution program, but it is possible in both criminal 
and civil proceedings for judges to award plaintiffs 
compensation. 
 
 
 
H. The government provides protection through its victim/witness 
protection unit, officially implemented in 2006. Two shelters 
and many NGOs and IOs provide legal aid, medical care, 
psychological counseling, voluntary return assistance, 
reintegration programs, and other services. The government 
provides for free medical care for both foreign and domestic 
victims in Serbia. Child victims are placed in the same shelters 
as adult victims until foster care or other services can be 
arranged. 
 
 
 
I. The government provides specialized training for government 
officials (police, consular officers, and social welfare 
workers) in recognizing trafficking and providing assistance to 
victims. During the year, Serbian officials participated in 
regional efforts to share information and coordinate 
anti-trafficking programs. 
 
 
 
J. By law and in practice, domestic and foreign victims of 
trafficking can receive free medical assistance. NGOs provide 
victims shelter, medical treatment, psychological counseling, 
and reintegration assistance. 
 
 
 
 
BELGRADE 00000224  006.2 OF 007 
 
 
K. The Counseling Center Against Family Violence runs a shelter 
for foreign TIP victims. Atina runs a shelter/transition house 
for domestic and foreign TIP victims. ASTRA runs a TIP hotline 
that receives calls from victims (It fielded nearly 1,702 calls 
in 2007.) and provides legal, medical, psychological and other 
support. The Victimology Society of Serbia has a victim support 
service that offers all victims of crime emotional support, 
information on their rights and on specialized services 
available in Belgrade, and refers victims to such service 
providers. The International Organization for Migration (IOM) 
manages returns and repatriations, has a reintegration program, 
provides a doctor for TIP victim care, and funds legal 
assistance for victims. The government works with all of these 
organizations to coordinate assistance for TIP victims. 
 
 
 
------------- 
 
4. PREVENTION 
 
------------- 
 
 
 
A. As in previous years, the Serbian government publicly 
acknowledged that TIP is a problem. The government showed strong 
initiative in disseminating anti-trafficking information and in 
conducting education campaigns. 
 
 
 
B. In 2007, the government increased its anti- TIP educational 
programs in public schools, implemented through Beosupport and 
other NGO partners, produced and distributed anti-trafficking 
posters and leaflets nation-wide, funded anti-TIP efforts and 
maintained an informative website. In 2007 the scripts and 
pre-production was completed on a 13-episode television series 
entitled "Modern Slavery," devoted to generating awareness of 
TIP. The Serbian government earmarked 6 million dinars (roughly 
$100,000), per year, for the series in 2006 and 2007. There were 
concern about production delays, and NGOs expressed doubts that 
the series will be completed. The government sponsored a month 
of anti-trafficking programs on the National Television Station 
(RTS) during October 2007. The above- mentioned mandatory 
anti-trafficking postal-stamp tax, that went into effect in 
January of 2008, not only raises funds for the Agency for 
Coordination, but serves as a public awareness tool. 
 
 
 
The Ministry of Interior continued to use training videos 
produced in previous years for police and border officials and 
reported that law enforcement officials in other countries 
(including the FBI) used these Serbia-produced videos for 
training. The Ministry of Labor significantly increased funding 
for anti-trafficking public education programs in 2007. 
 
 
 
C. The government, NGOs, and international organizations 
generally have good and cooperative relationships, freely 
exchanging information and participating in each other's 
training, meetings, and public events. The police, the Agency 
for Coordination, and the shelters work daily with one another 
to identify trafficking victims and to refer them to the 
appropriate services. All are members of the national AT Team 
and its four working groups. NGOs involved in training report 
broad enthusiasm and openness to training programs throughout 
the government. Police and border guard TIP training was 
extensive and showed significant positive results. Serbian 
consular officers monitor patterns for evidence of trafficking 
and screen for potential trafficking victims. In 2007, IOM 
signed a memorandum of understanding with the Ministry of 
Interior provide a five-day annual training program on TIP 
victim identification and assistance to public order police 
officers 
 
 
 
D. The government adopted the National Strategy to Combat 
Trafficking in Persons on December 7, 2006, but has yet to 
implement it. Although the government drafted the strategy in 
consultation with the AT Team (whose members include NGOs, 
relevant ministries, and the Organization for Security 
 
BELGRADE 00000224  007.2 OF 007 
 
 
Cooperation in Europe), NGOs complained that it did not consult 
with them on the final draft submitted to parliament and that 
the text was unavailable for several weeks after passage. The 
strategy is now available on the government's website. 
 
 
 
E. There is no evidence of Serbian citizens participating in 
international child sex tourism. 
 
 
 
F. Serbia does not have over 100 troops in international peace 
efforts. 
 
 
 
------------------------------ 
 
5. SUMMARY/COMMENT 
 
------------------------------ 
 
 
 
Serbia took last year's TIP assessment very seriously and 
carried out several changes to improve anti-TIP efforts. The 
government earmarked another $100,000 for an educational 
television series aimed at preventing TIP, continued training 
efforts at the national and local levels and continued to 
increase public education programs; including a month of 
sponsored anti-trafficking programs on the National Television 
Station (RTS). The temporary residence permits assisted victims 
in testifying against their traffickers and reintegrating into 
Serbia if they wished. There were several high-profile 
prosecutions this year, including the Novi Sad case, in which 
the stiffest for human trafficking sentence to date, 12.5 years, 
was handed down. The government progressed steadily in 
prosecuting TIP cases (34 charges against 62 people).  The 
government also continued to coordinate with NGOs and IOs. The 
government will also begin to issue bio-metric passports in 
April 2008, which should help make trafficking more difficult. 
 
 
 
We recommend that the TIP report acknowledge these positive 
steps. 
 
 
 
In terms of areas for improvement, trials continued to be 
lengthy (1-3 years), and the inefficient judiciary system allows 
traffickers multiple appeals and in some cases several years of 
freedom before serving out their sentences.  In addition, TIP 
victims are rarely awarded compensation. There are indications 
that human trafficking is going "underground" to private clubs, 
houses, restaurants, and cafes throughout Serbia. Further public 
awareness campaigns that educate the clients of the sex trade 
are suggested. 
 
 
 
Post's TIP contact is Chris Harris (FS-04), 381-11-306-4723, 
381-65-251-5520 (c), 381-11-361-3962 (fax).  Belgrade spent 22 
hours on this report. 
MUNTER