VZCZCXRO2829
RR RUEHAG RUEHAST RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLN
RUEHLZ RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHRL #0256/01 0630858
ZNR UUUUU ZZH
R 030858Z MAR 08
FM AMEMBASSY BERLIN
TO RUEHC/SECSTATE WASHDC 0557
INFO RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUCNFRG/FRG COLLECTIVE
RUEHUJA/AMEMBASSY ABUJA 0119
RUEHOS/AMCONSUL LAGOS 0090
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEHC/DEPT OF LABOR WASHINGTON DC
RUEFHLC/HOMELAND SECURITY CENTER WASHINGTON DC
RUEAUSA/DEPT OF HHS WASHINGTON DC

UNCLAS SECTION 01 OF 19 BERLIN 000256 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS, EUR/AGS, EUR/PGI, DRL/IL, G/TIP, INL/HSTC, AND PRM 
PLEASE PASS USAID 
 
E.O. 12958: N/A 
TAGS: KCRM PHUM KWMN SMIG ASEC PREF ELAB PGOV GM
SUBJECT: GERMANY - 2008 TRAFFICKING IN PERSONS REPORT 
 
REF: A. STATE 2731 
     ¶B. BERLIN 240 
     ¶C. DUSSELDORF 10 
     ¶D. 07 BERLIN 2015 
     ¶E. 07 BERLIN 1190 
     ¶F. 07 BERLIN 601 
     ¶G. 07 BERLIN 390 
     ¶H. 06 BERLIN 1094 
 
¶1. (SBU) The following is Mission Germany's submission for 
the eighth annual Trafficking in Persons (TIP) Report.  The 
entire report should be treated as sensitive but 
unclassified.  Mission point of contact is Craig Conway 
 
SIPDIS 
(email: conwaycm@state.gov; tel: 49-30-8305-2127). 
 
¶2. (SBU) SUMMARY:  The German government continued to make 
important strides in combating TIP during the reporting 
period: 
 
-- Germany adopted a new Action Plan to Combat Violence 
against Women, a comprehensive inter-agency plan that 
contains 130 measures to prevent and protect women from a 
wide range of violence, including forced marriage, 
trafficking, and other forms of exploitation.  The plan 
places special emphasis on expanding counseling services for 
women affected by violence and on strengthening cooperation 
between authorities and NGOs.  The plan also includes efforts 
to raise awareness within the German armed forces, including 
additional training in advance of peacekeeping deployments 
abroad. 
 
-- Germany adopted amendments to the immigration law that 
formally codified the long-standing practice of granting 
third-country TIP victims a 30-day "reflection period." 
 
-- The Federal-State Interagency Working Group on Trafficking 
published guidelines on TIP-related training that offer 
standardized modules for training for police, counseling 
centers, prosecutors, judges, and other state and municipal 
authorities.  The modules include training on victim 
identification techniques and best practices. 
 
-- As in previous years, the government funded various 
campaigns to raise awareness of child sex tourism. 
 
-- Germany continued and built on strategies implemented in 
conjunction with the 2006 Soccer World Cup Championship to 
raise public awareness of TIP and to improve the 
effectiveness of efforts to combat it.  Best practices and 
lessons learned were shared with EU member states, and 
countries planning to host large-scale sporting events, e.g., 
Switzerland and Austria, the hosts of the Euro 2008 Soccer 
Cup. 
 
-- Germany worked to raise awareness of labor trafficking and 
to improve enforcement of labor trafficking laws enacted in 
¶2005.  Germany also took steps toward establishing an 
inter-agency cooperation mechanism similar to the 
federal/state interagency working group set up in 1997 to 
coordinate action against sex trafficking.  END SUMMARY. 
 
¶3. (SBU) Responses below are keyed to questions posed in 
paras 27-34 of ref A: 
 
-------------------- 
CHECKLIST - OVERVIEW 
-------------------- 
 
¶A.  Victims.  Germany is a country of origin, transit and 
destination for trafficked persons.  Trafficking takes place 
into, within, and through Germany.  The Federal Office of 
Criminal Investigation (BKA) makes a concerted effort to 
compile accurate statistics, but acknowledges many instances 
of trafficking go unreported due to the difficulty in 
identifying victims.  German authorities state it will become 
more difficult to identify victims as the result of the 
ongoing opening of EU internal borders. 
 
In its most recent report, covering 2006, the BKA recorded 
775 sex trafficking victims identified, compared to 642 in 
¶2005.  As in years past, nearly all victims (98.5 percent) 
were female.  According to the BKA report, the increase in 
 
BERLIN 00000256  002 OF 019 
 
 
the number of victims identified corresponds to an increase 
in the number of related police investigations.  Of the 775 
victims identified in 2006, 181 were German nationals (23 
percent -- up from 18 percent in 2005).  Over fifty percent 
(460 victims) were 18-24.  Eight percent (62 victims) were 
under 18.  German nationals comprised the largest portion of 
the underage victims (28). 
 
In 2006, the BKA recorded 83 victims of labor trafficking. 
Of those, 61 were male and 22 were female.  The BKA report 
notes that more detailed statistics on labor trafficking do 
not yet exist due to the fact that amendments to the Penal 
Code criminalizing labor trafficking only entered into effect 
in 2005. 
 
The BKA statistics capture trafficking victims only, not 
actions against other related crimes, such as pimping, 
exploitation of prostitutes, child sex abuse, or human 
smuggling. 
 
¶B.  Situation.  As in recent years, most sex trafficking 
victims came from European -- and in particular Eastern 
European -- countries.  Of the 775 sex trafficking victims 
reported in 2006, 94 percent came from Europe, including 
Germany.  The largest numbers of foreign victims came from 
the Czech Republic (20 percent), Romania (11 percent), and 
Poland (10 percent).  The BKA report states that the 15-fold 
increase in the number of Czech victims is the result of two 
major investigations conducted in 2006.  The report notes a 
significant increase in the number of Polish victims, as well 
as a significant decrease in the number of Russian victims. 
Non-European victims came from Asia (15), Africa (14), and 
the Western Hemisphere (11).  According to the Interior 
Ministry, the top destinations for trafficking victims 
transiting Germany are the United Kingdom and Scandinavian 
countries. 
 
Government Efforts to Combat TIP and Political Will. 
Political will to combat trafficking exists at all levels of 
government, including the Federal Chancellery, Cabinet and 
Federal Parliament. 
 
In September 2007, the Federal Cabinet adopted a new Action 
Plan to Combat Violence against Women (hereafter Action 
Plan), originally proposed and drafted by the Federal Family 
Ministry.  The Action Plan, which includes 130 measures to be 
implemented by a wide array of government agencies, updates 
and elaborates on the first Action Plan from 1999.  The plan 
places special emphasis on expanding counseling services for 
women affected by violence and on strengthening cooperation 
between authorities and NGOs.  The plan also focuses on 
improving the protection of migrants and lists numerous 
development projects abroad.  Among the mandated measures, 
the Action Plan instructs the government-funded Association 
against Trafficking in Women and Violence against Women in 
the Migration Process (KOK), an umbrella organization of 38 
anti-TIP NGOs, to publish a study on the status of 
trafficking in Germany.  The Action Plan also instructed the 
BKA and the Family Ministry to develop guidelines on how to 
deal with traumatized victims of trafficking and forced 
prostitution in order to ensure that police, judicial 
authorities, immigration officials, and welfare authorities 
are sensitized to the unique needs of trafficking victims and 
that authorities treat victims appropriately.  These 
guidelines were published in October 2007. 
 
Additionally, the Action Plan requires prevention measures 
and efforts to raise awareness within the German armed forces 
(see PREVENTION I). A copy of the Action Plan has been 
e-mailed to G/TIP and EUR/PGI. 
 
The 2003 "Action Plan for the Protection of Children and 
Juveniles from Sexual Violence and Exploitation," which 
Germany is now implementing, includes public awareness 
campaigns on child sex tourism.  Both the federal and Laender 
(state) governments devote substantial resources to combating 
TIP in Germany and in source countries. 
 
The Christian Democratic Union/Christian Social Union 
(CDU/CSU) and Social Democratic Party (SPD) coalition 
partners in the German government (elected in November 2005) 
listed combating trafficking in persons as a high priority in 
 
BERLIN 00000256  003 OF 019 
 
 
their coalition agreement.  The coalition agreement forms a 
roadmap for major policies and strategies to be implemented 
in the government's four-year term and specifically cited 
TIP, as well as improving the overall migration situation, as 
issues on which the government will focus. 
 
Trafficking Conditions.  Victims are trafficked for purposes 
of sexual and labor exploitation. 
 
Traffickers.  The BKA registered 664 suspected sex 
traffickers in 2006.  Of those, 77 percent were men.  As in 
previous years, German nationals comprised the largest share 
of suspected traffickers (282 or 43 percent).  Fifty-two (8 
percent) of those were born outside of Germany (primarily 
Turkey, Poland, Romania, and Kazakhstan).  The largest number 
of non-German suspects came from Turkey (9 percent), Romania 
(7 percent), Poland (6 percent) and Bulgaria (5 percent). 
The BKA report notes that the two-fold increase in the number 
of Polish suspects corresponds to the significant increase in 
the number of Polish sex trafficking victims. 
 
The BKA registered 101 suspected labor traffickers in 2006. 
Of those, 65 were women and 36 were men.  Fifty-five percent 
of the suspects were not German.  Of those, the majority were 
from Ukraine (14), Russia (13), and Turkey (5). 
 
Methods used by Traffickers.  With regard to sex trafficking, 
35 percent of victims reported that they had agreed to engage 
in prostitution.  According to the BKA report, many victims 
who agreed to work as prostitutes were deceived regarding 
exploitative conditions of the work situation.  Twenty-eight 
percent of victims said they were professionally recruited 
(e.g., by talent agencies or newspaper advertisements). 
Twenty-seven percent of victims reported being deceived about 
the true purpose of their entry into Germany.  Ten percent 
reported having been coerced into working as prostitutes. 
According to the BKA report, 123 victims reported that 
traffickers used violence against them.  The majority of the 
victims worked in bars and brothels (503) or apartments 
(186).  The number of victims working for escort services 
(74) or in street prostitution (120) was also significant. 
Seventy-four victims stated they were unwilling to testify as 
a result of threats they had received. 
 
¶C.  Government Agencies.  Within the German government, the 
Federal Family Ministry has the lead for preventing TIP and 
funds numerous public awareness campaigns and education 
projects implemented by NGOs. 
 
The Federal Justice Ministry manages the National Training 
Academy for Judges and Prosecutors, which offers training 
regarding cases involving organized crime, child victim 
witnesses, and international cooperation.  The Academy 
offered specific courses on how to handle international 
trafficking cases in 2007.  In 2008, the Academy will also 
offer training on domestic violence and child abuse, as well 
as dealing with victims of sexual violence.  The courses are 
geared toward sensitizing judges and prosecutors. 
 
The Federal Ministry for Economic Cooperation and Development 
(Development Ministry) has funded development projects abroad 
to combat TIP since 2003.  Since 2004, the Ministry has also 
funded programs to combat trafficking in children.  The 
German Society for Technical Cooperation (GTZ), a 
government-owned corporation for international development 
cooperation, develops and executes these projects. 
 
The Federal Ministry for Labor and Social Affairs, through 
its government employment offices, offers former prostitutes 
and trafficked victims job-placement assistance and training 
in other fields.  The Ministry has issued strict guidelines 
to ensure job seekers are not offered employment in the 
commercial sex industry, unless a job seeker expressly 
requests information about such employment.  Government 
regulations and guidelines stipulate employment agencies 
cannot compel unemployed people to accept such employment, 
nor can job seekers be denied unemployment benefits for 
refusing to accept employment in the commercial sex industry. 
 The Labor Ministry administered EQUAL funds -- an EU-funded 
project run by IOM and NGOs that sponsored reintegration 
programs for TIP victims.  The Labor Ministry is working with 
the Family Ministry, along with other federal and Laender 
 
BERLIN 00000256  004 OF 019 
 
 
ministries, to establish an inter-agency cooperation 
mechanism similar to the federal/state interagency working 
group set up in 1997 to coordinate action against sex 
trafficking. 
 
The Ministry of Foreign Affairs (MFA), in addition to 
tightening rules and procedures for reviewing visa 
applications, is actively involved in outreach to potential 
victims in countries of origin (see PREVENTION B). 
 
The Federal Office of Criminal Investigations (BKA) has a 
counter-trafficking office that coordinates international TIP 
cases, promotes cooperation with other countries and regional 
organizations (including through the Southeast European 
Cooperative Initiative (SECI) and the Baltic Sea Task Force), 
cooperates closely with Europol and Interpol, and organizes 
training programs for German and foreign law enforcement 
authorities.  The BKA established a federal-state working 
group in 2005 comprised of police officials from a number of 
Laender, the BKA, and Customs to explore the effects of the 
new counter-TIP legislation and to focus on trafficking of 
children.  The illegal immigration unit of the BKA's 
Organized Crime Section covers trafficking for purposes of 
sexual and labor exploitation, as well. 
 
The Federal-State Interagency Working Group on Trafficking in 
Women, established in 1997 under the Family Ministry's lead, 
reviews counter-trafficking issues, disseminates best 
practices, and provides input for new laws and directives. 
Members include representatives from the Federal Ministries 
of Justice, Interior, Foreign Affairs, Economics and 
Technology, Labor, Health, and Development, as well as from 
NGOs, law enforcement agencies, and Laender governments.  The 
working group has developed a model cooperation concept 
agreement to formalize cooperation among police, welfare 
agencies, and NGOs to enhance protection and assistance to 
victims and to encourage victims to testify against 
traffickers.  Ten of the sixteen Laender have concluded a 
cooperation agreement.  Instead of a formal cooperation 
agreement, the North-Rhine Westphalia Interior Ministry 
issued a regulation formalizing cooperation among agencies 
and NGOs as early as 1994.  In August 2007, Saxony concluded 
a cooperation agreement that also has the support of all 
democratic political parties in the state.  The working group 
has drafted a paper on training government and NGO personnel 
involved in combating TIP. 
 
A federal-state working group on combating sexual 
exploitation of children has existed since 2003 and meets 
several times every year. 
 
The Laender Offices of Criminal Investigations (LKA) have 
special units that deal with TIP or with organized crime. 
The Hamburg police, for example, deploy approximately 20 
officers to deal with TIP and pimping.  The BKA and the 
Hamburg police have attributed the high investigation success 
rate and the high number of victims willing to approach the 
police in Hamburg to the trust that specially trained milieu 
police have built up.  The establishment of similar units in 
Hannover and Osnabrueck has reportedly led to an increase in 
TIP-related criminal proceedings and prosecutions. 
 
Numerous Laender offices, including Family, Social, Justice 
and Labor ministries, are involved in developing programs at 
the state level.  Several Laender have interagency working 
groups or task forces that include NGOs.  Hesse, 
Baden-Wuerttemberg, Bavaria, and Thuringia have signed 
inter-state memoranda of understanding to coordinate in 
fighting TIP.  Saarland has established an interagency unit 
in the Ministry of Interior to combat TIP.  As a result of 
the 2005 amendment of trafficking provisions in the Federal 
Penal Code, state police authorities have restructured their 
organized crime or TIP units to include labor exploitation 
crimes and have started to cooperate with the Customs 
Authorities' Illegal Employment Control Task Force (FKS) to 
enforce the new laws (see below - Federal Finance Ministry). 
 
GASIM.  The Federal Interior Ministry created an inter-agency 
analysis and strategy center (GASIM) in 2006 that is 
comprised of experts from the police, security agencies, 
customs authorities, the Foreign Ministry and the Agency for 
Refugees and Migration.  It is designed to exchange and 
 
BERLIN 00000256  005 OF 019 
 
 
collect information on illegal migration, related organized 
crime, visa fraud, illegal employment, and trafficking; to 
analyze the illegal migration situation; and to support 
investigations and international cooperation. 
 
Federal Finance Ministry.  The Customs Authorities' Illegal 
Employment Control Task Force (FKS) under the Federal Finance 
Ministry was restructured in 2004 and has increased its 
personnel since 2006.  It now employs approximately 6,500 at 
113 offices throughout Germany.  The task force investigates 
violations of the Illegal Employment Law, including cases of 
exploiting foreigners working in Germany without residence or 
work permits.  Under the law, it is not only a criminal 
offense to employ foreigners working in Germany illegally, 
but also to pay them less than prevailing wages or to provide 
them substandard working conditions.  The Unit cooperates 
closely with a number of agencies, including federal and 
state police authorities, especially in cases where the labor 
exploitation reaches the level of labor trafficking.  In 
2006, FKS investigated 28,443 construction employers and 
about 51,300 construction sites looking for evidence of 
illegal employment practices, including forced labor and 
labor exploitation. 
 
¶D.  Practical Limitations. 
 
D-1.  Federalism.  Under Germany's post-World War II federal 
structure, the Laender (states) have primary responsibility 
for investigating and prosecuting crimes, including TIP. 
Local government resources for law enforcement, assistance to 
victims, and counseling by NGOs depend on the budgets of the 
Laender, a situation which NGOs report can lead to an uneven 
distribution of funding.  Federal Family Ministry officials 
promote the funding mechanism used by Rhineland-Palatinate as 
a best practice model for ensuring regular funding of 
programs that assist victims.  Under this model, a general 
budget line item is allocated annually to help trafficked 
victims without allotting a fixed sum to each locality. 
Baden-Wuerttemberg and Bavaria have also adopted this model. 
 
D-2.  Resources for Victims.  Trafficked victims are entitled 
by law to basic medical care and to assistance for basic 
living expenses.  Local social welfare authorities are 
responsible for distributing benefits.  NGOs have expressed 
concern that basic benefits identified by governing 
legislation do not include psychological treatment, though 
victims can apply for a range of benefits, including 
psychological treatment, under the 2007 Victims Compensation 
Act.  In addition, some Laender cover the cost of 
psychological treatment on a case-by-case basis.  The 
government-funded KOK publishes a handbook providing a 
comprehensive overview of resources available for TIP victims. 
 
¶E.  Surveys, Reports.  The government and government-funded 
NGOs systematically monitor Germany's anti-trafficking 
efforts.  In addition, parliamentarians routinely query the 
government on efforts against TIP and related issues, 
obliging the government to publish reports in response.  The 
German government makes regular assessments of its 
counter-TIP efforts available to the UN, the EU, the Council 
of Europe, and the OSCE.  The BKA, as well as the 
Federal-State Interagency Working Group, state level 
interagency working groups, and Laender Offices of Criminal 
Investigation (LKAs), meet regularly to evaluate and discuss 
counter-TIP programs.  Independent NGOs conduct their own 
evaluations of the government's counter-TIP efforts and 
regularly publish assessments. 
 
Each year the BKA produces a report on trafficking in persons 
in Germany covering the previous year's developments.  Topics 
include statistics on investigations, victims, and 
traffickers. 
 
In 2007, the Family Ministry published an English-language 
evaluation of German legislation enacted in 2002 to improve 
the legal and social situation of prostitutes.  A copy has 
been pouched to G/TIP.  The Family Ministry also published a 
60-page brochure -- available online -- listing benefits and 
services available to TIP victims in Germany.  The 
publication is designed to explain to counseling centers and 
authorities the benefits that are available under German law 
and how to help victims apply for them. 
 
BERLIN 00000256  006 OF 019 
 
 
 
In 2007, the government-funded KOK also completed a study 
recommending the establishment of national TIP rapporteurs 
and a study on the situation of labor trafficking in Germany. 
 The Government's Action Plan directed KOK to publish a 
comprehensive study on the status of trafficking in Germany. 
 
Germany ratified ILO Convention 182 on April 18, 2002. 
Germany ratified ILO Convention 29 on June 13, 1956 and ILO 
Convention 105 was ratified on June 22, 1959.  Germany 
ratified the Optional Protocol to the Convention on the 
Rights of the Child on the Sale of Children, Child 
Prostitution, and Child Pornography on September 6, 2000. 
Germany ratified the UN Convention on Transnational Organized 
Crime and the Protocol to Prevent, Suppress and Punish 
Trafficking in Persons Especially Women and Children, signed 
on December 12, 2000, on June 14, 2006. 
 
Germany is in the final stages of ratifying the Optional 
Protocol to the Convention on the Rights of the Child on the 
sale of children, child prostitution and child pornography. 
Germany signed the Protocol September 8, 2000.  The Cabinet 
approved the draft bill approving ratification in August 
¶2006.  It is now with the German Parliament for approval. 
Amendments to the Penal Code to implement measures in the 
Protocol are currently before the German Parliament as part 
of a second bill that also implements requirements of the 
2003 EU framework decision to combat the sexual exploitation 
of children and child pornography.  Germany signed the 
Council of Europe Convention on Action against Trafficking in 
Human Beings in May 2005, and is currently preparing its 
ratification. 
 
In October 2007, Germany, along with other members of the 
Council of Europe, signed the Council of Europe Convention on 
the Protection of Children against Sexual Exploitation and 
Sexual Abuse.  Under the Convention, which takes into account 
new technology and methods used by criminals, sexual 
exploitation and abuse of children shall be penalized in each 
member state.  The Convention also requires stronger 
prevention measures.  According to the Justice Ministry, 
Germany has already largely implemented the requirements of 
the Convention.  Ministry officials do not expect that 
ratification will require significant new internal 
implementation measures. 
 
-------------------------------------------- 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
-------------------------------------------- 
 
¶A.  Criminal Law on Trafficking.  The criminal law on 
trafficking was amended and expanded in 2005 to broaden and 
strengthen provisions on sex and labor trafficking.  Under 
the new law, trafficking for sexual exploitation is 
prohibited under Section 232 of the Federal Penal Code, and 
labor exploitation is prohibited under Section 233, both 
internally and trans-nationally.  Trafficking for labor 
exploitation includes slavery, bondage, debt peonage, and 
working under exploitative working conditions. 
Alternatively, a vast array of related laws with similar 
penalties exist which are often used in trafficking cases, 
e.g., promotion of trafficking (Section 233(a)), kidnapping 
(Section 234), abduction  (Section 234(a)), child stealing 
(Section 235), child trade (Section 236), deprivation of 
liberty (section 239), extortionate kidnapping (Section 239 
a), coercion (Section 240), sexual exploitation of minors 
(Section 176), promoting sexual acts of minors (section 180), 
exploitation of prostitutes (Section 180(a)), pimping 
(Section 181(a)), sexual exploitation of juveniles (Section 
182), forcible sexual assault/rape (Section 177), sexual 
abuse of children (section 176), and human smuggling (Section 
96 of the Immigration Law).  The German Penal Code makes a 
clear distinction between trafficking in persons and human 
smuggling. 
 
Immigration Law.  Since January 1, 2005, a new Immigration 
Act has regulated all aspects of immigration, integration, 
asylum, and deportation.  Under a new provision, human 
smuggling into Germany now constitutes a compelling ground 
for deportation (Section 54(V)).  Law enforcement authorities 
believe this new provision will be an effective deterrent to 
traffickers. 
 
BERLIN 00000256  007 OF 019 
 
 
 
Labor Laws.  Several labor laws ban illegal employment. 
Individuals or companies employing persons who do not have 
residence or work permits violate the Illegal Employment Law 
and are subject to administrative or criminal penalties. 
Furthermore, employers who employ foreigners without a 
residence or work permit under "exploitative work conditions" 
-- working conditions significantly below the standards under 
which a German employee would perform a comparable job -- 
commit a criminal offense.  Prior to the inclusion of the 
expanded labor trafficking provision (Section 233) in the 
Penal Code in 2005, slavery and bondage were covered by 
Section 234 (kidnapping).  Since 2005, Section 233 
criminalizes all forms of labor exploitation, including 
slavery and bondage cases.  Section 234 was amended 
accordingly and limited to cases where someone is kidnapped 
to bring him into a helpless situation. 
 
Criminal Procedure Law.  Germany has forfeiture laws under 
which the police can seize assets that traffickers obtained 
from their criminal activity. 
 
Victims Compensation Act.  In January 2007 a new law came 
into effect expanding government authority to confiscate 
proceeds of criminal activity and to strengthening the 
corresponding rights of crime victims.  TIP counseling 
centers have applauded the new law, which can be applied in 
trafficking cases where the victim desires to leave Germany 
quickly.  Previously, proceeds confiscated from traffickers 
were returned to the perpetrators three months after their 
conviction, if no one filed a claim.  Now, victims have three 
years to file claims for compensation against their 
exploiters.  If no claims are filed within the three-year 
period, the confiscated proceeds become state property rather 
than reverting back to the convicted criminal, as was 
previously the case.  Furthermore, under the new law, crime 
victims' claims have priority over claims of creditors.  The 
law simplifies and streamlines filing procedures.  The Family 
Ministry and KOK publish a reference document for use by 
counseling centers that explains benefits available to 
trafficking victims, including psychological treatment, under 
the Act and guidance on how to apply for benefits. 
 
¶B.  Punishment for Sex Trafficking Offenses.  Penalties for 
sex trafficking (Section 232) range from six months to ten 
years imprisonment.  These penalties are commensurate with 
penalties for other serious crimes.  Attempted sex 
trafficking is also punishable under Section 232.  Per 2005 
amendments to the Penal Code, fines may no longer be imposed 
as penalties instead of prison sentences.  It is standard 
German practice for judges to suspend prison sentences of two 
years or less for all crimes, not just TIP-related crimes. 
Suspended sentences are generally handed down to those, such 
as drivers and telephone operators, who played an auxiliary 
role in the crime.  Those who receive suspended sentences are 
often required to perform community service, pay damages, 
and/or meet regularly with a parole officer. 
 
German authorities prosecuted 175 persons under Section 232 
in 2006, the last year for which statistics are available. 
Of those, 138 were convicted, including 6 persons under the 
juvenile justice system.  Of the remaining 132, 120 persons 
received prison sentences and 12 were required to pay a fine. 
 Thirty-eight persons (32 percent) received sentences longer 
than two years (2-3 years: 23 persons; 3-5 years: 12 persons; 
5-10 years: 3 persons).  Eighty-two persons (68 percent) 
received prison sentences of less than two years.  Of those, 
77 were suspended (i.e., 64 percent of the total number of 
prison sentences handed down were suspended). 
 
Sentences for sex trafficking, including the number of 
suspended sentences, were comparable to sentences for 
forcible sexual assault during the reporting period.  In 
2006, 586 of the 600 persons convicted of forcible sexual 
assault received prison sentences.  Of those, 78 (13 percent) 
received prison sentences longer than two years (2-3 years: 
48 persons; 3-5 years: 25 persons; 5-10 years: 5 persons). 
Of the 586 persons receiving prison sentences, 508 (87 
percent) received sentences of less than two years.  Of 
those, 456 were suspended sentences (i.e., 78 percent of the 
total number of prison sentences handed down were suspended). 
 
 
BERLIN 00000256  008 OF 019 
 
 
 
In rape cases, a lower number of prison sentences (37 
percent) were suspended.  However, as reported ref H, German 
statistics on trafficking convictions do not include cases 
where traffickers were convicted on multiple charges and one 
of the charges, such as rape, carried a higher maximum 
penalty.  In cases where a suspected trafficker's acts are 
equivalent to rape, prosecutors are likely to simultaneously 
pursue rape and trafficking charges, or simply charge the 
suspected trafficker with rape.  As a result, convictions of 
traffickers whose criminal acts are equivalent to rape would 
be counted in the German statistics as rape convictions, vice 
trafficking convictions. 
 
¶C.  Punishment for Labor Trafficking Offenses: Under the 2005 
law, penalties for labor trafficking (Section 233), including 
slavery and forced labor, range from six months to ten years 
imprisonment.  Under Section 233(a) (promotion of 
trafficking) a recruiter in a source country could be 
sentenced to six months to ten years in prison.  Section 233 
covers employers or agents who exploit a victim's 
"helplessness" to bring him/her into slavery, bondage, debt 
peonage, or exploitative working conditions.  Attempted labor 
trafficking is also punishable under both sections. 
 
Because Sections 233 and 233(a) became effective in 2005 and 
because of the time-intensive nature of labor trafficking 
investigations, German prosecution and sentencing statistics 
for 2006 do not reflect the full scope of German efforts to 
bring labor traffickers to justice.  German authorities 
prosecuted 18 persons under Section 233 in 2006.  Of those, 
11 persons were convicted, including four persons under the 
juvenile justice system.  Of the remaining seven, five 
received prison sentences and two were required to pay a 
fine.  Four persons received prison sentences of two years or 
less.  All four of those sentences were suspended. 
 
¶D. Rape/Sexual Assault Penalties.  The penalty for rape under 
Section 177 of the Penal Code is two to fifteen years 
imprisonment.  This sentence is commensurate with penalties 
for other serious crimes.  Forcible sexual assault is 
punishable by one to ten years in jail.  Sexual assault of 
children is punishable by imprisonment from six months to 
fifteen years. 
 
¶E.  Legal Situation of Prostitutes.  Prostitution in Germany 
is legal, but highly regulated and restricted in practice. 
Communities have the authority to ban prostitution or to use 
zoning ordinances to exclude its practice from specific 
areas, usually city centers and residential neighborhoods. 
Prostitutes who violate this ban can be fined and charged 
under Section 184(d) of the Penal Code.  The 2006 conviction 
statistics list 145 convictions under this section.  The 
minimum age for prostitution is 18 years.  However, 
individuals who induce another person under the age of 21 to 
take up or continue in prostitution or to commit sexual acts 
on or in front of the perpetrator or a third party are 
subject to criminal prosecution under Section 232 
(Trafficking in Human Beings for the Purpose of Sexual 
Exploitation). 
 
The 2002 Law to Regulate the Legal Status of Prostitution was 
part of a wider effort to improve the social and legal 
situation of prostitutes.  Prostitutes may now contribute to 
social security and unemployment, health care, and retirement 
insurance.  Furthermore, prostitutes may participate in 
Laender-offered retraining and assistance programs.  The 
German government completed an evaluation of the effects of 
the law that was published in 2007.  The evaluation concluded 
the legislation established a legal framework to improve the 
legal and social situation of prostitutes, but in practice 
little use was made of these new tools.  The report also 
recommended additional measures to improve the situation of 
prostitutes; greater emphasis on programs to help prostitutes 
get out of prostitution; additional programs to educate 
clients; and improvements in protection programs for 
trafficking victims.  In a public statement in 2007, Family 
Minister von der Leyen said the German Government does not 
consider prostitution a suitable form of employment and noted 
the Ministry's primary goal is to help individuals get out of 
prostitution. 
 
 
BERLIN 00000256  009 OF 019 
 
 
In addition to Labor Ministry programs (see OVERVIEW C), many 
Laender governments finance NGO-operated work transition 
programs for women who want to get out of prostitution.  For 
example the German state of North Rhine - Westphalia and the 
European Union,s Social Fund jointly financed a program 
operated by the NGO "Madonna," to train prostitutes to become 
nurses in homes for senior citizens (ref C).  In response to 
the Family Ministry's Report on the 2002 Law to Regulate the 
Legal Status of Prostitution, the Social Committee of the 
Hamburg State Parliament agreed by consensus to explore 
measures to improve the legal situation of prostitutes. 
 
Brothel Keepers.  Brothel keepers or landlords are criminally 
liable under Section 180(a) of the German Penal Code if they 
hold prostitutes in personal or financial dependency, or if 
they employ a person under 18 as a prostitute.  In 2006, four 
adults were convicted under this section of the penal code. 
In 2007, the Family Minister announced the German government 
plans to review ways to increase penalties for landlords who 
exploit prostitutes by charging exploitatively high rent to 
make them on par with penalties for pimps. 
 
Clients.  Section 182(II) of the penal code criminalizes 
clients who solicit sexual services from a person under the 
age of 16.  Because the age of legal consent is 16, clients 
of voluntary prostitutes who are sixteen or seventeen years 
old currently do not commit a crime.  In late 2006, the 
government submitted legislation to parliament to raise the 
"protection age."  The new bill will criminalize clients who 
patronize prostitutes younger than 18.  The bill also 
criminalizes an attempt to do so and holds liable any 
perpetrator over the age of 13.  Currently, only perpetrators 
over 18 may be prosecuted.  The bill is designed to improve 
the protection of juveniles from sexual exploitation and 
implement the 2003 EU Framework Decision to combat the sexual 
exploitation of children and child pornography. 
 
The November 2005 agreement of the governing coalition 
stipulated that the government should review ways to punish 
clients of forced prostitutes.  The Family Minister 
reiterated this plan in 2007 and announced government support 
for a draft law to criminalize clients who knowingly 
patronize trafficking victims or forced prostitutes.  The 
expressed intent of the law is to reduce demand and serve as 
a signal for clients 
 
Pimps/Enforcers.  Pimping, defined as exploiting a 
prostitute, controlling/arranging the services of a 
prostitute for monetary gain, or impairing a prostitute's 
financial or personal independence, is a crime under Section 
181(a) of the penal code (74 convictions in 2006).  The 
maximum sentence is five years.  As noted above, individuals 
who induce another person under the age of 21 to engage in 
prostitution are criminally liable under Section 232 
(Trafficking in Human Beings for the Purpose of Sexual 
Exploitation). 
 
¶F.  Number of Trafficking Investigations/Convictions.  German 
law enforcement officials conducted a number of high profile 
TIP raids and prosecutions that led to the break-up o 
trafficking rings.  For instance, in December 207, the BKA 
arrested 20 persons suspected of trafficking Nigerians to 
work as forced prostitutes in Germany.  The investigation, 
launched in April 2007, included the BKA, Frankfurt 
prosecutors, as well as police from Hesse, 
Baden-Wuerttemberg, and North Rhine - Westphalia. 
Investigators seized assets totaling 40,000 euros (approx. 
60,000 USD). 
 
In April 2007, the Hamburg District Court convicted ten 
defendants of trafficking in persons and forcible sexual 
assault.  Nine culprits received suspended sentences ranging 
from 14 to 28 months, one was sentenced to two-and-a-half 
years imprisonment.  The ring leader, Carsten Marek, received 
a suspended sentence of one year and ten months.  The gang 
maintained hotels with 190 prostitutes.  Although the 
prosecution charged that the women were exploited and put 
under pressure, the court found that the group recruited 
women but did not use force.  The suspects were found guilty 
of trafficking because eleven of the victims were below the 
age of 21.  As noted above, Section 232 of the Penal Code 
criminalizes the inducement of persons under the age of 21 to 
 
BERLIN 00000256  010 OF 019 
 
 
take up or continue in prostitution.  In addition, 
authorities enforced significant outstanding tax claims 
against the culprits. 
 
The latest statistics available are for 2006.  The 2006 BKA 
report lists 353 completed pre-trial investigations for sex 
trafficking crimes, compared with 317 in 2005.  The BKA also 
launched 78 pre-trial investigations for labor trafficking 
crimes in 2006.  A large number of investigations were 
conducted into other crimes linked to these trafficking 
investigations, including offenses against sexual 
self-determination (131 investigations), offenses involving 
violence (64), smuggling offenses (51), narcotics violations 
(35), counterfeiting (21), and weapons-related violations 
(20).  According to the BKA report, the majority of cases 
were attendant or logistic offenses connected to trafficking. 
 
 
The BKA seized assets in 17 of the 353 pre-trial 
investigations in 2006, collecting 2.2 million Euros, almost 
double the amount seized in 2005. 
 
In TIP investigations, German police employ a full range of 
investigative techniques, including wiretaps, electronic 
surveillance, undercover operations, and offers of mitigated 
punishment for suspects who cooperate with police 
investigations.  The German federal parliament is considering 
a bill to amend and harmonize the telephone surveillance law 
in accordance with EU law and to adapt provisions to Federal 
High Court decisions.  Current legislation allows police to 
tap telephones in serious human trafficking cases.  The draft 
legislation allows for telephone surveillance with regard to 
all trafficking crimes, including labor exploitation, as well 
as aiding and abetting. 
 
The Federal Statistics Office publishes conviction and 
sentencing statistics for all crimes each year.  The 
statistics are available on the Internet at 
http://www.destatis.de.  This detailed and comprehensive (ca. 
470-page) compendium lists convictions, sentences, time 
served, nationality of the offenders, first-time offenders, 
and juvenile offenders, along with other data.  In 2006, 
German authorities prosecuted 195 individuals on trafficking 
charges.  A total of 140 adults and ten juveniles were 
convicted on charges of trafficking.  For statistics 
disaggregated into categories of sex and labor trafficking, 
see INVESTIGATION B and C. 
 
Government statistics on trafficking convictions generally 
under-represent the total number of accused traffickers 
sentenced and under-report the severity of sentences handed 
down (ref H).  For instance, the statistics do not include 
cases where traffickers were convicted on multiple charges 
and one of the charges, such as rape or murder, carried a 
higher maximum penalty.  Moreover, in convictions categorized 
under trafficking, statistics report only the sentence handed 
down for the trafficking violation and not the aggregate 
sentence for all convictions. 
 
An independent study completed by the Max-Planck 
Criminological Institute concluded German prosecutors seek 
maximum sentences for suspected traffickers by whatever means 
they can, e.g., by dropping charges of trafficking in favor 
of charges of human smuggling, tax evasion, or other crimes 
in order to improve the chances of successful prosecution. 
 
Labor Trafficking.  Section 233 of the Penal Code 
(Trafficking in Human Beings for the Purpose of the 
Exploitation of Workers) criminalizes the actions of 
individuals who "exploit another person through a coercive 
situation, or the helplessness that is associated with their 
stay in a foreign country, to induce them into slavery, 
serfdom, or debt bondage, or to take up or continue work with 
him or a third party under working conditions that are 
strikingly disproportionate to the working conditions of 
other workers who perform the same or a comparable activity." 
 An attempt is punishable.  According to Interior Ministry 
officials, the full range of related laws has been used to 
prosecute labor trafficking cases.  As reported above, German 
authorities prosecuted 18 persons under Section 233 in 2006. 
Of those, 11 persons were convicted, including four persons 
under the juvenile justice system. 
 
BERLIN 00000256  011 OF 019 
 
 
 
Time Served.  In Germany, prison sentences up to two years 
for first time convicts -- regardless of the crime committed 
-- are generally suspended, and convicted persons are 
released on probation.  The trial judge decides whether to 
suspend a sentence or sentence probation based on detailed 
rules of the Code of Criminal Procedure and case law.  By 
law, prison sentences over two years have to be served, 
however release on probation is possible once two-thirds of 
the sentence (and in some cases, half of the sentence) has 
been served. 
 
¶G.  Training.  Counter-TIP training is offered to police both 
within and outside Germany.  The BKA offers seminars to train 
federal and LKA officers and border police in the 
inter-disciplinary handling of TIP cases, as well as seminars 
on investigating cases of sexual abuse of children. 
Counseling centers and representatives from several different 
ministries participate in these training programs.  Laender 
police conducted training to explain the effects of the new 
counter-TIP legislation on law enforcement activities. 
 
In October 2007, the Family Ministry published guidelines 
developed by the Federal-State Interagency Working Group on 
Trafficking that offer standardized modules for TIP-related 
training for police, counseling centers, prosecutors and 
judges and other authorities.  The modules include training 
on victim identification techniques and best practices.  The 
guidelines are intended to raise awareness and to contribute 
to the specialization of police and personnel in the justice 
system and the staff of foreigner services and social 
services offices in order to help them to recognize 
trafficking victims and to equip them to respond to victims' 
special needs. 
 
In October 2007, the BKA held an "interdisciplinary workshop" 
involving state and federal law enforcement, state and 
municipal government officials, and NGOs and counseling 
centers to share best practices in combating trafficking in 
children. 
 
The BKA has also developed a manual on best practices for 
police to use in combating trafficking crimes under the new 
trafficking-related amendments to the Penal Code.  The manual 
is available on a restricted access intranet site for police 
officers. 
 
The National Training Academy for Judges and Prosecutors 
managed by the Federal Ministry of Justice offers trainings 
to prosecutors and judges that also cover issues of sexual 
exploitation of women and children in connection with 
cross-border crime.  The Academy offered specific courses on 
how to handle international trafficking cases and organized 
crime in 2007.  In 2008, the Academy will also offer training 
on domestic violence and child abuse, as well as dealing with 
victims of sexual violence.  The courses are geared toward 
sensitizing judges and prosecutors.  The training program 
conforms to the new Action Plan requirements mandating 
sensitivity training for prosecutors and judges who deal with 
cases of sexual violence.  The Action Plan requires the 
Federal Justice Ministry to continue to offer training for 
judges in the future. 
 
¶H.  International Law Enforcement Cooperation.  German law 
enforcement authorities routinely cooperate with counterparts 
abroad.  Germany has bilateral police cooperation agreements 
with several neighboring countries (see PREVENTION E). 
Germany, France, Spain, Belgium, the Czech Republic and 
Luxembourg are parties to the Pruem Agreement, which allows 
the countries to request and receive criminal records from 
each through an automated electronic transmittal system, 
including convictions of traffickers.  Prior to that time, 
information exchange on criminal records had to be conducted 
through lengthy formal legal assistance procedures.  Germany 
used its EU Presidency to launch negotiations to transform 
this instrument into an EU-wide agreement.  Germany provides 
legal assistance to other countries requesting assistance and 
participates in a number of regional initiatives (see 
PREVENTION E). 
 
German police cooperated closely on anti-trafficking 
investigations with police in other countries -- EU member 
 
BERLIN 00000256  012 OF 019 
 
 
states and non-member states in Europe, Asia, Africa, and the 
Western Hemisphere -- during the reporting period.  In 
addition, the BKA conducted special training programs for 
administrative personnel working for the police in countries 
of origin of victims and perpetrators (e.g., Russia, 
Lithuania, Latvia, Belarus and Romania); staff members from 
specialized counseling agencies regularly participate in the 
programs. 
 
Germany used its January-June 2007 EU presidency and its role 
in the EU's 2007-2008 Trio Presidency to strengthen the 
European border management agency FRONTEX. 
 
¶I.  Extradition.  Statistics on the numbers of traffickers 
extradited are not available.  Law enforcement sources report 
the number of extradition requests is low because foreign 
traffickers arrested in Germany are generally prosecuted in 
Germany.  Germany can extradite non-German citizens or 
request the extradition of German and non-German citizens in 
accordance with extradition treaties or the Federal 
International Legal Assistance Code.  Under the new EU arrest 
warrant bill, adopted by the Cabinet and before Parliament 
for approval, German nationals can be extradited to other EU 
member states for the duration of their trials for those 
accused of extraditable crimes, including TIP and sexual 
exploitation. 
 
J/K.  There was no evidence that came to the attention of the 
Embassy of government involvement in or tolerance of 
trafficking. 
 
¶L.  International Peacekeeping.  Germany's anti-trafficking 
laws have extraterritorial effect under Section 6 of the 
Penal Code, i.e., it is a crime under German law to engage 
in/facilitate severe forms of trafficking or to exploit 
victims of such trafficking.  There was no evidence that 
German nationals who were deployed abroad as part of 
peacekeeping or police training missions engaged in or 
facilitated severe forms of trafficking or exploited victims 
of trafficking.  In the event such evidence came to light, 
German law requires authorities to investigate and, as 
warranted, prosecute suspected perpetrators. 
 
¶M.  Jurisdiction.  Germany's sexual abuse laws have 
extraterritorial effect.  Countries of origin include the 
Czech Republic, Thailand, Vietnam and other South East Asian 
countries, as well as Brazil and Morocco.  According to a 
governmental report on child sex tourism published in 2005, 
the BKA from 2000 to 2003 investigated an average of 21 
Germans annually for child sexual abuse in South East Asia, 
Brazil, and other countries. 
 
Since 2006, the BKA has stepped up cooperation with law 
enforcement officials in South East Asia to investigate 
German sex tourists and pedophiles operating outside of 
Germany.  The goal is to facilitate prosecution of 
perpetrators in the countries where the crimes are committed, 
as well as in Germany.  In March 2007, in cooperation with 
the BKA and German prosecutors, Thai police arrested a German 
national on charges of sexually abusing a minor.  In 2007, 
German cooperation facilitated the successful prosecution of 
two Germans convicted in a Cambodian court on charges of 
sexual abuse of minors.  The two Germans were sentenced, 
respectively, to 28 years in prison and 12 years in prison. 
In another case, a German citizen arrested in Cambodia in 
February 2007 on charges of sexual abuse of children was 
extradited to Kiel, Germany to stand trial.  In May 2007, two 
German nationals were arrested in Thailand for suspected 
sexual abuse of children.  Both suspects had been under 
surveillance by German and Thai police. 
 
------------------------------------ 
PROTECTION AND ASSISTANCE TO VICTIMS 
------------------------------------ 
 
¶A.  Residence Status.  In August 2007, Germany adopted 
amendments to the immigration law to implement EU Council 
Directive 2004/81/EC on the issuance of residence permits to 
TIP victims who are third-country nationals.  The law 
formally codified the practice of granting TIP victims who 
reside in Germany illegally a minimum of a thirty-day grace 
period before deportation.  Victims who agree to testify 
 
BERLIN 00000256  013 OF 019 
 
 
against the trafficker are entitled to remain in Germany for 
the duration of the trial.  Thereafter, victims must be 
repatriated.  However, if they face threats to life, personal 
injury, or freedom, a permanent residence permit may be 
granted. 
 
¶B. Services and Health Care.  German NGOs operate counseling 
centers in approximately 45 German cities, providing 
assistance and facilitating victim protection.  Cooperating 
closely with police authorities -- and in ten of sixteen 
Laender through formal cooperation agreements -- the centers 
help victims deal with the German authorities, escort them to 
trials, and provide them with shelter, legal counsel, 
interpreters, job training, and related rehabilitation 
services.  Victim witnesses are entitled to financial support 
for basic living expenses and basic health care under the 
Benefit Rules for Asylum Seekers.  These benefits are about 
20 percent lower than benefits afforded to the unemployed 
under the Federal Social Welfare Law.  Victims who have been 
battered are entitled to long-term therapy, as well as 
pension and disability payments under the Victims' 
Compensation Act, even if they are illegal aliens. 
 
The government-funded KOK publishes a brochure that 
comprehensively explains the full range of benefits and 
compensation claims to which TIP victims are legally 
entitled.  The publication is designed to inform victims, 
counseling centers, and government agencies to ensure they 
make use of all possibilities at their disposal.  In 2007, 
the Family Ministry and the KOK published a reference 
document for use by counseling centers that explains benefits 
available to trafficking victims, including psychological 
treatment, under the Victims Compensation Act (see OVERVIEW 
A).  The brochure outlines the procedures for filing claims 
and makes recommendations to Laender and local authorities on 
how to improve provision of benefits under the Act. 
 
A well-established referral process exists in all Laender. 
In cases where a cooperation agreement exists, the process is 
formalized.  Authorities must inform victims of their rights 
and with their consent contact a counseling center.  As noted 
above, victims are granted a minimum thirty-day grace period 
to decide whether to testify against their traffickers and, 
if they decide to testify, a temporary residence permit. 
Victims who decline to testify are generally deported, but in 
certain cases may apply for asylum. 
 
Nongovernmental organizations providing services to 
trafficking victims receive their funding primarily from 
state and local governments. 
 
¶C.  Government Funding for Victim Services.  Federal, state 
or other public entities, as well as private donors, provide 
funding for the 38 domestic NGOs that operate counseling 
centers for trafficked persons.  Counseling centers largely 
depend on state resources.  The Federal Family Ministry 
financially supports a national network of women's shelters 
(the Women,s Shelters Coordination Association), the 
Association of Women,s Counseling Agencies and Women's 
Hotlines, as well as the KOK.  The national networking 
offices serve as central partners for government institutions 
on various levels and provide input and expertise to 
policymakers, administrators, and practitioners and 
administrators.  The national networks also act as a conduit 
to channel information and assistance to NGOs and counseling 
centers.  In addition, the GTZ is developing several projects 
with foreign NGOs (see PREVENTION B). 
 
In December 2007, the Federal-State Working Group published a 
model cooperation concept for counseling services and the 
police concerning the protection of victims of trafficking 
for the purposes of sexual exploitation.  The cooperation 
concept is a compendium of standard operating procedures used 
by all sixteen Laender and is intended to serve as the basis 
of Laender-specific cooperation concepts.  The aim of the 
document is to ensure provision of adequate protection and 
services to TIP victims.  The cooperation concept includes a 
requirement that only specialized, sensitized police officers 
handle trafficking cases and recommends the permanent 
financing of victim services, including psychological 
counseling.  The document was distributed as a best practices 
guide to other EU member states and accession candidate 
 
BERLIN 00000256  014 OF 019 
 
 
countries.  A copy of the document has been sent via e-mail 
to G/TIP and EUR/PGI. 
 
The Action Plan also identifies the need for a broad range of 
support systems for victims of violence, including women,s 
shelters, safe houses, hotlines, women,s counseling services 
and intervention. 
 
D/E.  Victim Identification.  German Laender employ 
victim-centered, multidisciplinary approaches -- involving 
police, prosecutors, immigration authorities, labor 
inspectors, municipal government officials, public health and 
safety authorities, NGOs, and victim services providers -- to 
identify and protect trafficking victims.  Some Laender have 
established new counseling services (e.g., "intervention 
agencies" in Mecklenburg-Pomerania and Lower Saxony and 
mobile counseling services in Berlin) that actively reach out 
to at-risk women supplement the activities of more 
traditional counseling centers. 
 
Building on the success of victim and client hotlines set up 
in conjunction with the World Cup, the Family Ministry is 
working to establish a national hotline that would provide 
initial counseling and referral for all types of violence 
against women.  Hotline personnel would, as needed, make 
referrals to local organizations and counseling centers. The 
hotline would be integrated into existing networks of support 
facilities for victims of violence.  The hotline would also 
be accessible to doctors or others who believe they may have 
come into contact with a victim of violence.  Hotline 
personnel would receive special trafficking-related training, 
as well. 
 
Guidelines developed in October 2007 by the Family Ministry 
for TIP-related training for police, counseling centers, 
prosecutors and judges and other authorities include 
standardized modules on victim identification techniques (see 
INVESTIGATION G). 
 
Of the 353 sex trafficking investigations concluded in 2006, 
142 (40 percent) were the result of complaints filed by 
victims.  Fifty-eight (16 percent) involved complaints filed 
by third parties.  One hundred fifty-three investigations (43 
percent) were the result of police checks.  According to the 
BKA report, police initiatives (e.g., random checks carried 
out in red-light districts) play an important role in the 
identification of trafficking victims and "contribute to 
gaining a better insight into the area of undetected crimes." 
 
 
¶F.  Victims' Rights.  Victims' rights are respected.  Victims 
are granted a grace period to stay in Germany.  Victims are 
not generally detained or fined, but placed with counseling 
centers.  The new counter-TIP legislation from February 2005 
gives prosecutors more authority to decline prosecuting 
victims who have committed minor crimes. 
 
¶G.  Victim Participation in Court Proceedings and 
Compensation.  The government encourages trafficked victims 
to cooperate in the investigation and prosecution of TIP 
cases.  Victim witnesses are entitled to join as "joint 
plaintiffs" in criminal proceedings against traffickers and 
to have a lawyer free of charge.  As joint plaintiffs, they 
can actively participate in the proceedings, and are entitled 
to pursue civil remedies, including claims for compensation, 
in addition to the criminal proceedings. 
 
The Victims' Rights Reform Law, enacted in 2004, expands the 
rights of crime victims in criminal proceedings.  The intent 
of the law is to reduce the psychological burden on crime 
victims, to increase their procedural rights, and to make it 
easier for victims to file claims for compensation against 
traffickers.  Joint plaintiff victims are now also entitled 
to an interpreter.  The law allows a third party, e.g., a 
representative from a counseling center, to be present when 
police question the victim.  Police and prosecutors are now 
required to inform victims of their rights regarding witness 
protection, participation in the trial, and access to an 
attorney free of charge. 
 
In December 2006, another bill became law that improves the 
protection of victims of juvenile offenders.  The new law 
 
BERLIN 00000256  015 OF 019 
 
 
allows victims to join as co-plaintiffs, and to make claims 
for compensation in the trial, which was previously not 
allowed if the offender was a juvenile. 
 
¶H.  Witness Protection.  Several options exist in Germany 
regarding witness protection programs.  Victims may be placed 
under police protection and the care of NGOs.  Furthermore, 
prosecutors have the right to order protective measures as 
deemed necessary (such as bodyguards, testimony under 
disguise, etc.) for the duration of the trial.  In some 
cases, police witness protection programs may relocate the 
victim to an undisclosed location with a new identity. 
 
¶I.  Training.  In October 2007, the Family Ministry published 
guidelines developed by the Federal-State Interagency Working 
Group on Trafficking that offer standardized modules for 
TIP-related training for police, counseling centers, 
prosecutors and judges and other authorities (see 
INVESTIGATION G).  The guidelines are intended to raise 
awareness and to contribute to the specialization of police 
and personnel in the justice system and the staff of 
foreigner services and social services offices in order to 
help them to recognize trafficking victims and to equip them 
to respond to victims' special needs. 
 
¶J.  Repatriation.  The Federal and Laender governments share 
equally in covering the basic costs for repatriation, e.g., 
travel costs and pocket money, under IOM's Reintegration and 
Emigration Program for Asylum-Seekers (REAG program) in 
Germany.  Between July 1999 and December 2007, 916 TIP 
victims were repatriated under the program. 
 
In 2004, the EU Social Fund, working through the Federal 
Ministry of Economics and Labor, granted IOM Germany funds 
(so-called EQUAL funds) to launch a program, which ran 
through 2007, for reintegration programs for TIP victims. 
Since October 2005, IOM Germany and eight NGOs have 
implemented EQUAL projects ranging from professional training 
for TIP victims, to creating a database on reintegration 
issues for counseling centers, as well as conducting research 
projects. 
 
¶K.  NGOs.  International organizations and NGOs that work 
with victims include IOM, faith-based organizations (SOLWODI, 
Misereor, Caritas), ECPAT, and Terre-des-hommes.  Cooperation 
among numerous local NGOs and local authorities is close and 
in most Laender is formalized. 
 
---------- 
PREVENTION 
---------- 
 
¶A.  Germany's government acknowledges TIP as a problem that 
must be vigorously combated.  During meetings with the 
Ambassador and other Mission representatives, high-ranking 
German officials stressed the importance of fighting TIP and 
described Germany's engagement.  In numerous discussions with 
our consuls general, Laender ministers have also reaffirmed 
their commitment to fight TIP and child sex tourism.  German 
officials at all levels have underscored their resolve and 
their efforts to fight TIP to officers from several USG 
agencies and at every level of the Mission. 
 
¶B.  Public Information and Education Campaigns.  German 
public awareness of trafficking has increased significantly. 
In 2007, the government continued to support and fund NGOs 
campaigns in Germany and abroad.  The awareness campaigns 
target potential trafficking victims and potential clients of 
trafficking victims. 
 
The Federal Family Ministry fully funds KOK, the lead body 
representing 38 NGOs and counseling centers assisting 
victims.  The KOK as a member of the Federal-State 
Interagency Working Group coordinates projects, conferences, 
studies, research, and outreach campaigns. 
 
German embassies and consulates conduct outreach programs, 
including distribution of brochures in 13 languages that warn 
about trafficking. 
 
The German Government continued to support NGO public 
awareness campaigns launched in conjunction with the 2006 
 
BERLIN 00000256  016 OF 019 
 
 
Soccer World Cup Championship.  A significant number of the 
21 World Cup-related TIP awareness campaigns continued to 
receive financial assistance from federal, state, or local 
governments. 
 
For instance, building on the success of their combined 
efforts in 2006, two government-funded NGOs in North Rhine - 
Westphalia -- Madonna and Kober -- undertook a joint 
initiative to extend counseling services to women who wanted 
to get out of the prostitution industry, including 
trafficking victims.  While Madonna and Kober have 
traditionally offered intensive counseling in-person and via 
telephone, the launching of the new cooperation agreement 
allowed them to pool resources to offer their services in an 
online format in seven different languages and to branch out 
across the state. 
 
The Family Ministry and the Ministry of Justice announced 
plans to publish a brochure entitled "More Protection against 
Violence" as part of their public information campaign in 
conjunction with the Violence Protection Act.  The campaign's 
goal is to contribute to the protection of victims of 
violence, including trafficking, by educating the public. 
 
The Federal Association of Counseling Centers for Women is 
conducting a national campaign "Standpoints 2007 ) For a 
Violence-Free Life for Women."  Federal Family Minister 
Ursula von der Leyen serves as the campaign's patron.  The 
campaign calls on politicians, media representatives, and 
other public figures throughout Germany to make statements 
about domestic sexual abuse, sex trafficking, and related 
issues for publication on the internet. 
 
Conferences.  The government-funded Friedrich-Ebert 
Foundation in cooperation with the Federal Ministry of Labor 
held a workshop on effective strategies against labor 
trafficking in April 2007 in Berlin.  Approximately 200 
participants attended, including representatives of the 
federal and state governments, the International Labor 
Organization (ILO), political parties, unions, and both 
national and international NGOs involved in combating human 
trafficking.  The aim of the conference was to present and 
discuss different aspects of social inclusion of trafficked 
persons and their relevance in combating human trafficking. 
 
In June 2007, members of the federal parliament together with 
a number of NGOs held a conference on trafficking in Berlin. 
Speakers included the vice president of the Bundestag and 
several parliamentarians, as well as Hiltrud Breyer, a German 
member of the EU parliament and an adamant advocate of 
counter-TIP initiatives at the EU level.  Family Ministry 
representatives applauded the U.S. T-visa program and called 
on the Bundestag to adopt a similar instrument in Germany. 
NGOs and the Family Ministry representative called for more 
funding for TIP victims. 
 
In October 2007, a special plenary session was held at the 
Baden-Wuerttemberg state parliament.  The main topic was 
human trafficking and forced prostitution.  Members of all 
political parties, Baden-Wuerttemberg LKA President Erwin 
Hetger, and representatives of the Social Ministry and the 
Justice Ministry discussed with representatives of several 
NGOs the organizations' recommendations to strengthen efforts 
to fight TIP.  The session was held in conjunction with an 
exhibit on forced prostitution and human trafficking 
sponsored by the Catholic NGO "Solidarity with Women in 
Distress," (SOLWODI). 
 
In November 2007, the government-funded KOK held its annual 
member meeting with a focus on labor exploitation, including 
an analysis of the legal situation and sharing of best 
practices on counseling approaches. 
 
The NGO Coalition against Human Trafficking (Aktionsbuendnis 
gegen Menschenhandel), in conjunction with the Hans Seidel 
Foundation, will host a one day conference on TIP in March 
2008 in Wuerzburg. 
 
International Campaigns.  In December 2006, the GTZ started a 
new initiative to promote women's rights that will focus, 
inter alia, on combating trafficking in women and labor 
exploitation 
 
BERLIN 00000256  017 OF 019 
 
 
of women, prevention of trafficking and counseling for women. 
 
Combating trafficking in persons is also a focus of 
developmental cooperation projects.  In Albania, for example, 
the Federal Ministry for Economic Cooperation and Development 
supports a project to improve the legal and psychosocial 
situation of women who are endangered by trafficking in human 
beings. The project has the goal of improving the 
implementation of the legal basis for combating trafficking 
in human beings and increasing the availability of qualified 
legal counseling for the victims; endangered groups are also 
given an opportunity to obtain occupational and 
employment-related training. 
 
In addition, the GTZ continued to conduct programs through 
2007 to implement the Optional Protocol to the Convention on 
the Rights of the Child (CRC) on the Sale of Children, Child 
Prostitution, and Child Pornography and to counter child sex 
tourism. 
 
¶C.  Government Relationships with NGOs.  German federal and 
Laender governments and agencies work actively with civil 
society and NGOs, both secular and faith-based, to combat 
TIP.  Nongovernmental organizations, most of which are funded 
by federal and state governments, participate in the 
Federal-State Interagency Working Group, as well as in 
similar Laender working groups, and several Laender-level 
cooperation agreements have been concluded with NGOs.  The 
government-funded GTZ cooperates closely with numerous NGOs 
abroad to implement projects.  The BKA shares information 
with ECPAT about criminal proceedings in Germany against 
child sex tourists to enable ECPAT to facilitate the 
participation of child victims abroad as joint-plaintiffs. 
ECPAT keeps the BKA informed regarding cases abroad to 
expedite investigations. 
 
¶D.  Monitoring Immigration and Emigration Patterns. The new 
inter-agency analysis and strategy center on illegal 
migration (GASIM), established in May 2006, monitors and 
analyzes illegal migration movements and patterns of 
organized crime, including trafficking.  Law enforcement 
officials use roving patrols to screen for potential TIP 
victims attempting to enter from bordering countries that are 
party to the Schengen Agreement.  Under the Schengen 
Agreement, Germany and other EU countries party to the 
agreement have reciprocally agreed to abolish border 
inspections.  Poland and the Czech Republic became party to 
the Schengen agreement in December 2007.  Germany still 
retains formal border checkpoints along its border with 
Switzerland.  The Federal Police (Bundespolizei), as the 
successor agency since July 2005 to the Federal Border 
Police, cooperates closely with counterparts in neighboring 
countries.  In 2004, German and Polish authorities 
established a joint border police task forces in 
Frankfurt/Oder to conduct joint investigations at the border. 
 Cooperation between the Federal Police and Czech counterpart 
agencies includes joint patrols of rail lines and roads 
inside a 30 kilometer corridor on either side of the open 
border.  The Federal Police reported that some of the 
resources formerly used to conduct immigration checks and 
border patrols are being reallocated to increase monitoring 
of former "green border" areas, which have been and likely 
will continue to be the main corridors for trafficking across 
the border.  The government closely monitors entry into 
Germany and patterns of migration into Germany. 
 
¶E.  Interagency Work Groups/Task Forces.  In addition to the 
Federal-State Interagency Working Group on Trafficking in 
Women, similar interagency working groups and/or task forces 
exist in several Laender.  The BKA Division for Combating 
Trafficking is another important player promoting cooperation 
at both the national and international level (see OVERVIEW 
C).  The LKAs have counter-TIP or organized crime units, as 
well as public anti-corruption units or task forces.  At the 
federal level, an anti-corruption directive applies to all 
federal government employees.  The BKA has an internal 
affairs unit to combat corruption. 
 
International Cooperation.  Germany is active in numerous 
international fora on TIP (e.g., Baltic Sea Task Force on 
Organized Crime; Southeast European Cooperative Initiative 
Task Force; G8; Interpol; Europol).  Germany has taken a 
 
BERLIN 00000256  018 OF 019 
 
 
leading role in the EU and UN on counter-trafficking.  As a 
member of the Council of Europe (COE), Germany is the 
vice-chair in the working group that drafted the Convention 
on Action against Trafficking in Human Beings.  Germany 
contributes to the OSCE Office for Democratic Institutions 
and Human Rights (ODIHR) and its counter-trafficking project 
fund. 
 
The BKA has stationed liaison officers in German embassies in 
Eastern European countries and Asia; they focus on legal 
cooperation and legal assistance, including TIP and child sex 
tourism cases.  The BKA also trains law enforcement 
authorities in source countries.  In 2007, the BKA played an 
instrumental role in capturing a fugitive Canadian pedophile 
who had committed multiple crimes over the course of several 
years.  The BKA was able to de-code digitally-altered photos 
of the criminal which he had posted in the Internet. 
Interpol published the BKA photos, which led to the suspect's 
identification and arrest. 
 
Turkey selected Berlin and a group of Austrian cities to 
conduct an 18-month twinning project to raise the standards 
of combating TIP in Turkey to the level of EU member states. 
A team of Berlin law enforcement experts supported project 
implementation in 2007. 
 
¶F.  National Action Plan.  The Federal Family Ministry 
remains in close contact with other agencies and NGOs, 
especially through the Federal-State Interagency Working 
Group.  The Ministry's action plans on TIP (see OVERVIEW B) 
and child sexual exploitation are posted on the Ministry's 
website (www.bmfsfj.de). 
 
¶G.  Demand Reduction.  Many Laender continue to fund client 
awareness campaigns and NGO-operated hotlines set up in 
conjunction with the 2006 World Cup.  For instance, the 
Frankfurt-based NGO "Women's Rights are Human Rights" (FIM) 
reported that its government-funded hotline for victims and 
clients has been a major source of information on TIP cases. 
The client awareness campaign "Men Set the Tone," which was 
launched nationwide during the 2006 World Cup 2006, was 
continued by the Women's Information Center, an NGO in 
Baden-Wuerttemberg, in 2007.  The Family Ministry is working 
to establish a national hotline to provide initial counseling 
and referral for all types of violence against women.  The 
hotline will also be available to persons who believe they 
may have come into contact with a victim of violence (see 
PROTECTION D/E). 
 
¶H.  Child Sex Tourism.  The German government continued to 
co-fund the Association to Protect Children from Sexual 
Exploitation (ECPAT) in Germany to undertake programs to 
raise awareness regarding child sex tourism, including 
distributing a flyer against child sex tourism to tour 
operators, and briefings for employees in the tourism sector 
in 2007.  Both the German association of travel agencies and 
tour organizers and the federal association for the tourism 
sector have signed the Code of Conduct for the Protection of 
Children from child sex tourism developed by ECPAT. 
 
The Federal Family Ministry funds several campaigns organized 
by the NGO Terre-des-hommes to stop child sex tourism, inter 
alia the campaign "Please Disturb" an Internet platform that 
contains information about child sex tourism and calls for 
tourists to notify authorities to help stop the practice. 
The Ministry is provided 200,000 euros for this campaign from 
2005 through 2007.  The Federal Family Ministry co-funds an 
advertisement for this campaign that LTU, one of Germany's 
largest charter airlines, started to show in 2006.  LTU 
specializes in holiday travel, and flies to vacation spots 
throughout the Mediterranean, as well as to locations such as 
Sri Lanka, Thailand, and the Caribbean.  The campaign is 
geared to potential clients and at encouraging tourists to 
report suspicious activities. 
 
Since May 1, 2004, under a German-Czech bilateral agreement, 
joint task forces have been staffed with both countries' 
border police.  For several years, a German-Czech 
counter-trafficking working group has operated to enhance 
police cooperation and information sharing.  Child sex crimes 
committed by Germans abroad are prosecuted in Germany under 
an extraterritoriality provision in the Penal Code.  The 
 
BERLIN 00000256  019 OF 019 
 
 
German police maintain close contact with NGOs that are 
actively involved in combating child sex tourism.  A June 
2006 government report on the situation of combating child 
sex tourism at the German-Czech border highlights Germany's 
efforts to stop trafficking and child sex tourism. 
 
Throughout 2007, the GTZ also supported ECPAT Guatemala in 
implementing training courses for approximately 600 law 
enforcement and migration officers in Guatemala to sensitize 
them with regard to sexual exploitation of children in 
tourism. 
 
¶I.  Peacekeepers.  The new Action Plan to Combat Violence 
against Women requires prevention measures and efforts to 
raise awareness within the German armed forces and among 
German police officers deployed abroad.  German Government 
training for military personnel and police officers in 
advance of deployments abroad, including UN and other 
peacekeeping and police training missions, already includes 
sessions focused on sexual exploitation and abuse and other 
human rights issues.  Unit commanders receive special 
training on trafficking, including how to sensitize their 
subordinates monitor and enforce compliance with relevant 
rules and regulations.  According to the Action Plan, "the 
training in preparation for deployment on missions to prevent 
conflicts and to overcome crisis is an essential element in 
the training of all soldiers." 
 
In April, under Germany's EU presidency, Germany and Hungary 
conducted the first EU internal gender sensitivity training, 
including trafficking, for personnel participating in 
European Security and Defense Policy (ESDP) missions. 
 
Mission hours spent researching, compiling, and clearing this 
report: 
 
-- Drafter: FS-02: 60 hours; FSN-11: 100 hours. 
 
-- Clearance: FE-OC: .5 hours; GS-15: .5 hours; FS-02: 1 
hour; FS-02: 2 hours; FS-03: 5 hours; FS-03: .5 hours; FS-03: 
1 hour; FS-03: 12 hours; FS-04: 4 hours; FSN-12: 1 hour; 
FSN-10: 5 hours; FSN-10: 3 hours; FSN-10: 10 hours; FSN-10: 9 
hours; FSN-10: 12 hours. 
 
-- Approval: FE-OC: 2 hours. 
 
KOENIG