u.s. department of state bureau of international narcotics and law enforcement affairs (inl) inl...

U.S. Department of StateBureau of International Narcotics and

Law Enforcement Affairs (INL)

INL Justice Macedonia Trafficking in Persons/ Smuggling of

Migrants Global Trends

Mark L. Lasser, INL Director/ Senior Justice Advisor October 2015

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Trafficking Crime• Similar Definition among countries

• Based on Palermo Protocol•Recruitment•Means •Exploitation



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Smuggling of Migrants• Procurement of illegal entry into another

country

• For financial or material benefit

• Smuggled person consents to smuggling

(UN Protocol against Smuggling of Migrants)



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Migrant Facts (MK)• According to MOI, average daily influx of migrants to

MK this past week was 6200• MOI estimates 351,000 migrants have entered MK

since July (registered appr.155,000)• Per IOM, more than 537,000 migrants/ refugees

have crossed into Greece this year• Hungary’s decision to close border with Croatia• Migrants now have 72 hours to pass through MK



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Exploitation Defined• Exploitation is typically defined as “the

exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.Typical cases -- Sexual services, labor, organs, warfare, begging, slavery



Confusion about TIP

• Exploitation of prostitution• Smuggling of migrants• Even if not guilty of TIP, can be guilty of other

crimes – assault, rape, false imprisonment, etc.• Supreme Court should publish TIP decisions to

provide guidance to lower courts – wide confusion re. elements

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The Issue of Consent

• Consent is irrelevant and not valid if the victim is a minor (under 18 years old).

• Consent is irrelevant and not valid if it is obtained through any of the methods listed in the original definition of trafficking – i.e., threats or the use of force or other forms of coercion, abduction, fraud, deception,

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Palermo Trafficking Protocol• The international agreement defining trafficking

in persons is the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, commonly known as the Palermo Protocol.

• The Palermo Protocol establishes the three-step definition of trafficking and has been incorporated into the law of Macedonia.

• The Palermo Protocol entered into force in 2003 and has been signed by 117 countries, including Macedonia.

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What are the purposes of the Palermo Protocol?

• Defines the crime of TIP• Prohibits the trafficking of children for purposes of

commercial sexual exploitation of children (CSEC), exploitative labour practices or the removal of body parts.

• Ensures that definitions of trafficking reflect the need for special safeguards and care for children, including appropriate legal protection.

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What are the purposes of the Palermo Protocol?

• Ensures that trafficked persons are not punished for any offences related to TIP -- prostitution and immigration violations.

• Ensures that victims of trafficking are protected from deportation

• Provides for proportional criminal penalties• Provides for the confiscation of proceeds of

trafficking• Obligates ratifying states to introduce national

trafficking legislation. 10



Common problems trafficking cases

• Witness or victim intimidation

• Re-victimization

• Failure to adequately investigate and prosecute case -- evidence

• Failure to understand TIP elements

• Corruption

• Lack of political will11



Protecting Victims and Witnesses

• Why protect victims and witnesses?• Traffickers often threaten witnesses/ victims

or their families• Problem of re-victimization• Necessity of psychological counseling• Necessity of witness relocation plans

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Protecting Victims and Witnesses

Witness protection methods:

• Physical separation • Protect identity of victim/ witness• Have closed trials or trials in camera when

possible• Distance testimony• Witness Relocation Programs 13



Evidence Collection

• Should gather more evidence than just victim allegations

• Medical evidence, financial statements, etc.• Need to gather evidence in multiple

jurisdictions – letters rogatory• Send evidence requests directly to the

foreign judicial authorities, Interpol, etc. 14



Advice for Attorneys

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• Appeal trafficking convictions where all trafficking elements have not been met

• Appeal decisions where victims of trafficking are convicted of trafficking or immigration offenses

• Attorneys should proactively represent trafficking victims

• Refrain from questions that violate dignity of victims



Advice for victim advocates

• Proactively represent trafficking victims and inform them of their rights

• Object to improper or indiscrete questioning of trafficking victims

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Macedonian Law

• TIP (CC Art. 418-a)• Smuggling of Migrants (CC 418-b)

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Key differences between smuggling of migrants v. TIP

• Consent – smuggled migrants usually consent to being smuggled; TIP victims have not consented or consent is meaningless

• Transnationality – smuggling involves illegal border crossing/ entry into another country; TIP does not necessarily involve border crossing

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Key differences between smuggling of migrants v. TIP

• Exploitation – relationship between smuggler and migrant is commerical transaction that ends after border crossing

• Trafficker/ victim relationship involves ongoing exploitation of victim to generate profit for the traffickers

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