Trafficking Victims Prefer not to Ask for Protection for Fear to be
Condemned by the Family and Neighbourhood
Interview by Mariam Levina, ArmInfo, 25.04.07
2007-05-21 10:37:00
Interview of Head of the Department on Trafficking and Illegal
Migration Control of Investigating Department of RA Prosecutor
General’s Office Marsel Matevosian to ArmInfo
A Department for Trafficking and Illegal Migration Control was created
on June 8, 2005, in the structure of the Investigating Department of
RA Prosecutor General’s Office, by the Prosecutor General’s order. How
do you assess the work done over the last period?
I assess the work done by the Department satisfactory. The goal of
this subdivision’s setting up in the structure of the Prosecutor’s
Office was to organize a purposeful fight against this kind of crime
of international character, assure thorough and complete investigation
of criminal cases of this character, enhance efficiency of the
prosecution defense and carry out the necessary analytical-information
work in this sphere. The statistics indicates that creation of this
Department served the goal set. For example, if 15 out of 35 criminal
cases on trafficking were examined in 2004 by the Investigating
Department, their number in 2005 made up 33 out of 40 and 36 out of 42
in 2006, or 10 out of 27 cases were submitted in 2004, 23 out of 28 in
2005 and 24 out of 29 in 2006. The Department investigated 34 criminal
cases on trafficking out of the 35 registered in the republic till
April 1, 2007 ( Articles 132 and 132 of RA CC). One criminal case was
investigated by the National Security Service. A third of cases was
instituted per the materials chosen, that is, new crimes of the same
quantity have been revealed on the cases already instituted and under
investigation. Moreover, the Department coordinated the work of the
republic’s Law machinery aimed at the trafficking-fight. The situation
in this sphere was periodically studied and analyzed, relevant reports
were presented and cooperation with mass media and the public
organizations, dealing with this problem, was established.
How many cases of trafficking have been registered by Armenia’s
law-enforcement agencies since the beginning, 2007, and how many
criminal cases were instituted? How many people figured in them?
Eight crimes on trafficking or trafficking-related crimes were
registered in Armenia in the first quarter, 2007, 5 of which in the
regions, 3 in Yerevan communities. Criminal cases have been instituted
on all the revealed facts, including one criminal case per Article 132
and 261, two ` per Article 132 and four cases per Article 262 of RA
CC. Three of the earlier discontinued cases were resumed (2 per
Article 132, 1 per Article 262, in view of detection of the
wanted). Thus, fourteen cases were under investigation of the
republic’s investigation agencies in the first quarter, 2007,
including 3 per Article 132, 4 per Article 132, 2 per Article 261, 5
per Article 262. Half of them ` in the regions, another half ` in
Yerevan communities. Seven of these criminal cases were taken to
court, 1 case was suspended per i.2 p.1 31 of the Article of the Code
of Criminal Procedure (examination evasion by the guilty. Two were
combined with the other cases under investigation, four cases remained
incomplete, the investigation continues.
The statistics indicates the growth of the number of the
trafficking-related crimes: 2 in 2004, 14 in 2005, 16 in 2006. Is it
the result of activation of the law machinery or spread of this kind
of crimes? Are there the data on a definite percent of recidivists in
this kind of crimes?
The reason of growth of the trafficking indicator level is both in
spreading of this kind of crime and in efficient actions of the
law-enforcement agencies. The second factor is of most importance.
How many victims of trafficking are known at this moment? And were
there non-adults among the victims?
In the first quarter, 2007, on the criminal cases under execution, 75
persons (all of them adult women) underwent exploitation, 73 of which
underwent sexual exploitation, 2 ` labour exploitation (in
Turkey). There are no under-age people, all of them are citizens of
Armenia. Forty-three citizens underwent exploitation in RA, 32 ` in
abroad, including 25 in UAE and 7 women in Turkey. The transit
countries for transportation of women, subjected to sexual
exploitation, were Russia (Moscow, 10 women were conveyed to UAE) and
Georgia (in three cases, 7 women were conveyed to Turkey through
Batumi). In the first quarter, 2007, 15 persons were called to
administrative responsibility for prostitution. Fifty-nine prostitutes
underwent medical examination, 7 women had venereal diseases,
including 3 people with trichomonal and 4 with syphilis.
It is well known that the main ‘destination stations’ of the
trafficking victims are Turkey and UAE. It is also known that Armenia
is a `supplier’ or a transit state for trafficking. Nevertheless, are
there data on the cases when trafficking victims are conveyed from
other countries to Armenia for exploitation?
There are only two cases registered when Armenia became the last
station of trafficking. Several women were brought to the republic for
exploitation from Uzbekistan in 2004 and several women-strippers –
from Ukraine in 2005. Criminal proceedings were instituted on both
cases, the guilty persons were convicted.
The cooperation with UAE is regulated by agreements on mutual legal
assistance on criminal cases and transfer of the wanted persons,
signed in 2002. How many persons were transferred to Armenia by UAE
within the frames of these agreements? How many wanted persons are
there in the territory of UAE at present by the data of RA law
machinery? Are there other directions of trafficking?
Armenia has passed no wanted persons to UAE as yet. One woman was
passed by UAE to the Armenian law-enforcement agencies. The criminal
case as regards this lady has already been passed to the court. The
wanted persons are transferred via Consulates. The victims, mainly
from UAE, were deported from the country through RF as they had
arrived in UAE via Moscow with false Russian passports. As of April
1, 2007, several criminal cases of such character have been suspended:
12 cases with respect to 13 persons, 11 cases have been suspended per
i. 2, p. 1 of Article 31 of CPC (as a result of undetermined location
of the guilty person), one case more ` per i.4, p. 1 of Article 31 of
CPC (the guilty person is outside the country). Eighteen persons are
under search on 14 criminal cases, 13 of them ` on 12 suspended cases,
5 persons more – on two criminal cases under investigation. Eight
persons are under international search. There are no specific data
about the residence of the wanted persons in one or another
country. There are also no official data today about the number of RA
citizens in Turkey as the trafficking victims.
Which of the Armenian regions is a `leader’ by the number of
trafficking` related crimes?
The leaders by the level of trafficking are Lori and Shirak regions.
According to the data of criminal cases, 23 out of 42 cases in 2006
have been registered just there: 15 in Shirak and 8 in Lori.
The trafficking victims usually explain what happened with them as
deception. Did all the victims of the revealed cases of trafficking
had any idea why they were carried to UAE or Turkey?
All the victims of trafficking explained that they were promised a job
in the area of service, afterwards, they were defrauded. However, the
analysis of the criminal cases shows that the majority of them had
experience in rendering sexual services. Though some of them expected
they would have to deal with prostitution, nevertheless, they
underwent exploitation. By the way, the considerable part of the
procuress were prostitutes in the past. Mostly, they were living under
severe social-economic conditions, they were the only bread-winners in
the family, they were either divorced or widows, or their husbands had
departed in search of a job and stopped helping their families.
Having no other chance to earn money, these women became prostitutes,
further, procuress or souteneurs. The girls from children’s homes,
boarding schools and the orphans are the most vulnerable groups.
Earlier, there was the information about one case of the labour
trafficking registered. Did this case remain unique or there are new
ones?
In fact, one case of labour trafficking more has been registered. This
time, the case was connected with Turkey. It has become clear, over
the investigation, that Gayane Poghosyan and Silvard Ghazaryan, having
taken advantage of a difficult financial state of the two residents of
Gyumri, Zoya M. and Gayane A. and having promised them a high-paid
job, conveyed them to Turkey and passed to some Ahmad Kayay, a Turk by
nationality, having got $500 for each of them. The `client’ forced the
women to do a hard work for 18-20 hours per day within 2
months. Criminal proceedings have been instituted on this fact per
pp.1 and 2 of Article 132 of CC on March 23, 2007. The majority of the
labour trafficking victims are men, emigrants who seek a job abroad,
mainly in RF. Very often, these people are exploited on building
works, in small and private enterprises. However, bad, severe,
insanitary working conditions, low salary, non-payment or partial
payment of salary contain no components of trafficking-crime.
Earlier, the Prosecutor General of Armenia Aghvan Hovsepyan expressed
discontent with the level of revelation and prevention of such kind of
crimes. Moreover, he expressed discontent with the level of
operative-search measures control by Police for revelation of the
wanted persons and control of the condemned ones. What steps are taken
to correct the situation?
The regional prosecutors and Heads of Police departments were ordered
to take additional measures to activate the trafficking `fight and
illegal transportation of people for further sexual exploitation or
prostitution. In particular, by the Prosecutor General’s order, a
special working group was created in November, 2006, within the frames
of the UNDP Memorandum of Understanding, for efficient organization of
works aimed at implementation of information technologies in the
structure of the Prosecutor General’s Office. Personnel changes have
also been made in the structure of the Department on trafficking and
illegal migration fight. The Heads of structural subdivisions of the
Prosecutor’s Office have been ordered to assure the rights and
interests of the trafficking victims to the maximum during examination
and trial, to invite a psychologist, to make cooperation with the
relevant subdivisions of other law enforcement agencies, international
and public organizations, involved in the trafficking-fight, more
efficient, as well as to organize the extension courses. Four persons
have been revealed and convicted as a result of the measures taken.
The works are continued.
How many facts of illegal transit of potential victims of trafficking
through the territory of Armenia were fixed?
Armenia has appeared as a transit-country only once. The case was
connected with an attempt of transit of 3 citizens of Uzbekistan to
UAE via `Zvartnots’ airport. The attempt was suppressed by RA Law
Machinery. The guilty persons have been convicted.
How often the trafficking victims apply to the law machinery by
themselves?
In general, the trafficking victims prefer to return home incognito
and not address the court or a public organization for
protection. They do that not because of absence of the protection
means but for fear of being condemned by the family and
neighbourhood. They fear for undesirable details to be disclosed.
There are no such problems as regards the labour trafficking. To note,
the trafficking victims are not obliged to testify or cooperate with
the law machinery. Having received the operative data on the examined
case, the relevant agencies (Police, NSS) invite the supposed victim
to talk. In case of agreement, they fix the fact of crime, followed by
the preparation of materials, institution of criminal proceedings and
investigation, or, by approbation of the victim, they receive the data
from the relevant public organization, to which the victim addressed.
If it is possible to create the trafficking victims rehabilitation
center?
It is possible and necessary. In fact, several public organizations,
the AMCOR, `Hope and Assistance’, `Democracy today’, that work by
international grants, carry out this work. The victims apply to them
or the latter direct the victims to the law-enforcement agencies if
they agree. However, the resources of these organizations are limited
in view of the lack of financial means. After leaving the refuge and
having no place to go, these people face numerous problems such as
lack of job and shelter. I think, it would be right to create the
budget-financed state refuge.
From: Emil Lazarian | Ararat NewsPress
