COE+OSCE Leaders v. Human Trafficking to Eurofora on 10 Years Experience (2008-2018)+the Way Forward
*Strasbourg/CoE/Angelo Marcopolo/- On the Occasion of a well attended, 2 Days-Long, International Conference on Stock-Taking of 10 Years in Fighting versus Human Trafficking and Abuse, the Leaders of PanEuropean CoE's (47 States, incl. Russia+)) and Euro-Atlantic OSCE (57 States, incl. USA+) Organisations' activities in that area of Growing Importance during Recent Conflicts and other Crisis around Europe, stressed to "Eurofora" what they Believe to be the Main Challenges and Priorities Nowadays and in the foreseeable Future :
- The New President of CoE's Watchdog, composed by Independent Experts checking the Implementation of the relevant PanEuropean Convention against Trafficking in Human Beings ("GRETA"), Irish Jurist Mrs Siobhan Mullally, speaking to "Eurofora", stressed, in Substance, that, among the 3 main Practical Objectives : Prevention, Protection of Victims, and Punishment of Traffickers and/or those who Exploit such Crimes, what has Become more Urgent, Nowadays, is, in Fact, "Prevention".
- Particularly, since the Recent Socio-Economic Crisis and Waves of various Displaced People towards Europe include also Many Children, as she noted, pointing at an Issue that GRETA has Just Examined also in a Special Research on "Trafficking in Children", which was Published this May 2018.
Significantly, 4 out of 5 Categories of Child Trafficking Risks, affect mostly European Children, such as, f.ex., "Not Registration at Birth", Children "in Street", "Placed in Institutions", and/or "from Disadvantaged Communities". Recently emerged also the Issue of "Unaccompanied or Separated" and "Irregular Migrant" Children. Between 2012-2015, Most of them, in Absolute terms, were Found in the UK (almost 2.500) and Romania (about 1.300). But in Percentage among All Various Victims of Human Trafficking, Children representred the Biggest Proportion of around the Half in Montenegro, Croatia and Albania, (53%, 51% and 43%), while they were, on the Contrary, Only a Small Minority in Cyprua and Austria, Denmark and Georgia, as well as in Slovakia, (3%, 4%, 5%, 5%, and 8%, respectively).
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- However, for the even Wider view of Euro-Atlantic OSCE's Special Representative and Coordinator against Human Trafficking, Ambassador Madina Jarbussynova from Kazakstan, Speaking to "Eurofora", stressed, in Substance, that, considering "Both Pan'European and UNO's" recent Data, what is currently Lacking most of all in the International Fight against Traffickingt of Human Beings was Efficient Persecution of those Responsible for such Crimes, in order to Bring them to Justice, to Fight Impunity.
+ In order to Strengthen the Efficiency of that Fight, CoE, OSCE and the UN need to Work Together, inter alia, also, particularly in order to Target, around the World, those "Chains of Supplies", which Exploit Forced Labour resulting from Human Trafficking, the OSCE's competent Senior Official also pointed out earlier, (See Infra).
- She had just, actively Participated in a Special Panel Discussion, explicitly Focused on current efforts for "Building Strategic Partnerships", together with a Representative of the "Organisation of American States" (OAS), and Other Key Experts, (See Infra).
- Significantly, that Panel, obviously Important for the foreseeable Future, had been attended also by CoE's Director on Anti-Trafficking, Perya Nestorova, who Spoke to "Eurofora" both Before and After that Meeting :
- Experienced Anti-Trafficking CEO Nestorova, who was the main Organiser, in practice, of this exceptional International Conference attended by about 150 Experts for the 10th Anniversary of CoE's relevant Convention (2008-2018), while speaking to "Eurofora", spontaneously Chose to Focus, indeed, on the Need for International Cooperation in the Fight against Trafficking of Human Beings : In this regard, she Regretted the Absence of an EU Representative, who had been Invited, and the Obstacles (by Lack of due Visa on Time) for a Representative of African Countries to arrive Timely in Strasbourg, as well that of an ASEAN's Expert (despite a New CoE-ASEAN "Comparison" Study, just Published on this May 2018), that she found certainly Useful to Associate in the foreseable Future. But she Hailed the Active Presence of Both the OSCE's and OAS' Senior Officials.
=> Nestorova revealed to "Eurofora", in this regard, that Tomorrow, on Wednesday, 23 of May, CoE organizes, indeed, an Exceptionaly Important Meeting with "National Coordinators" from Member States' Governments, as well as the OSCE's competent Representative, Kazak Ambassador Jarbussynova, (Comp. Supra), which will work behind closed doors because of the Sensitive character of those Issues, in order to Discuss and Decide on a Series of Practical Measures that they all intend to take, in closer Cooperation, in order to Better Face the Challenges already witnessed in the Past 10 Years, until Now, as well as to Forge a common Strategy Facilitating to Advance Forward Together in the Foreseeable Future, taking into account also the Latest relevant Developments, (especially in and/or around Europe).
+ Meanwhile, OAS' Representative, Anna Ochoa, had reminded (during the above-mentioned Special "Panel" on "Partnerships" : Comp. Supra + Infra), that the American States have explicitly Decided to Launch a systematic Anti-Trafficking Policy Later than Europe : mainly Since 2014. But, despite the participation, in principle, of more than 20 States, (including also the Caraibes), nevertheless, a Problem still was, f.ex., that Judicial Cooperation on that matter had Not yet been Established, except from 4 ou 5 interLinked Countries, including the USA, etc. However, Better Perspectives were Expected for the Recent Launch of a "Knowledge" Network in that area of activities, Starting from March 2018, (etc).
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>>> On the Contrary, for the European States, there are Clear Rules at CoE's Anti-Trafficking Convention, about what they should do, But, it seems that there is, until now, a real "Problem of Implementation", particularly as far as it concerns the necessary "Investigations" about Traffickers, observed British Ambassador/Permanent Representative to the CoE, Christoper Yvon, who is President of the "Committee of the (State) Parties", Monitoring how those Rules are Applied in real Practice.
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- However, according to ECHR's Case-Law, there is even a Legal Responsibility for COE's Member States to Take at least certain elementary Measures of Anti-Trafficking, because, Otherwise, they Risk to be Found "Accountable" for Human Rights' Violations, Warned CoE's Director-General on Democracy, Snezana Samardzic - Markovic, right from the Beginning of this Conference.
-She pointed at ECHR's vice-President, Linos-Alexander Sicilianos, who Explained that, according to the Case-Law developed by Euro-Judges, States have a "Positive Obligation" to Take Certain relevant Measures, (as, f.ex., to "Criminalize" the Trafficking of Human Beings, etc), flowing from the PanEuropean Convention of Human Rights' Article 4, on "¨Prohibition of Slavery, and Forced Labour", which include Prevention, Help^to Victims, and Judicial Enquiries in order to find and punish those responsible for such Crimes, (as it results, f.ex., by the Famous case of "Rantseva v. Cyprus and Russia" : the Death of a Russian Girl in Cyprus, after she Tried to Escape from Pressure to become a Prostitute, but also from 2 Other Cases concerning Greece, etc, as he noted). Moreover, "from 2017", the ECHR started to make even Explicit and Direct References to "GRETA"s Findings and/or Recommendations, thereby creating "Synergy".
But the Most Moving Event was, unquestionably, that of a Session dedicated to the original Testimonies of Victims who "Survived" Human Trafficking, and Described their traumatic Personal Experience :
- According to Spanish Social Worker Branna Noelle-Hodge, Many Victims "look like Machines", who don't Turst Nobody, and/or "they Lie", staying "under Constant Fear", in a "UnStable Situation", "Threatened to be Send to anOther Country", etc. Often we give them Phones and Numbers to call 7/7 and 24/24, she said.
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- But things appeared quite Different, with Young Yazidi Woman Farida Abbas Khalaf, a Survivor and Rescapee from 4 Months of Captivity by ISIS' Deadly Islamist Terrorists, cowardly Targetting defenseless, innocent Civilian People, at Iraq : - "Don't let our Abusers get Away with their Crimes !", she urged from the outset.
- Most ISIS' Attacks started from 2014 to Spread at Iraq their Atrocities, which intended to commit a Genocide, by Destroying us, as Yazidi Minority : They Targetted Women and Girls with Rape, Torture, Humiliations, using Sexual Slavery as a Weapon to Destroy our Community, she Denounced. I still live that Tragedy, and I Fell this Scar will Never Disappear. ISIS Killed by Father and Brother, Captured my Mother, and held me in Captivity for 4 Months, submitted to Physical and Mental ill-treatments. Still more than 3.200 Women are in Captivity or Missing nowadays, and many Christians, etc. have been Taken Away from Syria to Iraq", she Denounced.
- "But Nobody has been yet Prosecuted for all those Crimes ! Not Any of those ISIS' Criminals Arrested, Investigated and Punished. If they Return to Europe, they should Face Justice : Jihadis Returning to Europe should Face Real Justice !", she urged.
=> CoE should call for Support to People victims of Genocide attempts, for ReConstruction of Homes and Infrastructures Destroyed, and to practice Open Doors for Real Refugees who Face Genocide, she added.
+ In Addition, "People of AFRIN (Syria's Kurdish Canton recently Invaded and Occupied by Turkey's Military Troops and various Jihadist Armed Gangs) all lie in Constant Fear : CoE should adopt a Resolution to Help them against Pressure from Radical Groups", the fragile Yazidi Woman urged Today.
(See also Statements of Award-Winning and Book Writer Yazidi Woman Survivor of ISIS, Farida Abbas-Khalaf to "Eurofora", later-on, at: http://www.eurofora.net/newsflashes/news/yazidiwomanisissurvivoraskstohelpafrin.html).
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- Speaking Afterwards, on the sidelines of one among the 4 Different "Panels" of Experts set up by this CoE's International Conference, Greece's National Rapporteur on Trafficking of Human Beings, Dr. Heracles Moskoff, stressed to "Eurofora" that, in order to Succeed in the necessary Fight against Impunity, "Victims must be Protected" : Because it's Only Then that they Can bring Testimonies, and bear Witness against Criminals, as he observed.
He couldn't explain, however, how is it possible for more than 1,5 Millions of Mass Asylum Seekers/Irregular Migrants to suddenly enter Europe via Greece through Turkey, already on 2015-2016, without practically anyone to have been arrested for Human Trafficking : - "Even if Smuggling is not the same thing as Trafficking, nevertheless, that Question remains open, since it seems that the Gravity of that Danger had not yet been fully perceived by Law Enforcement Authorities in Europe", Dr. Moskoff agreed with "Eurofora".
But the above-mentioned Role of Victims became Key in the Panel Focused on "Criminal Justice Efficiency", whose Conclusions were presented by Rapporteur Rita Theodorou, GRETA Member from Cyprus:
- Indeed, Human Trafficking's Victims, abused as "Slaves" and "Disposable Commodities", are Nowadays often lurred and traped by "Softer Methods", including, f.ex., "Promises for a Better Life", she pointed out.
=> Thus, sometimes, they "Suddenly Refuse to Cooperate" with Law Enforcement Authorities, "or Lie", etc., may be Because "they are Afraid" and/or "Tired and Lost", etc., she regretted.
- In such cases, recalcitrant Victims should Not be Prosecuted, because, then, they won't cooperate at all, GRETA Expert Theodossiou advised. On the Contrary, Victims should be provided Support, (f.ex. by Legal Aid, Social Measures, Financial incitations, etc).
- Even if the Investigations would Not have to Wait for Victims to come out, before doing anything, but, on the contrary, try to Advance also by any other possible means, including, f.ex., International Cooperation, which has Not yet been Used enough, she suggested.
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+ But, in Other Cases, the Experienced Dutch National Rapporteur on Human Trafficking and Sexual Exploitation of Children, former Long-Time Attorney General of the Netherlands, Herman Bolhaar, (who participated at a Panel on "Strategic Partnerships"), revealed a Troubling Reality :
- During Many Years, Police had been Arresting several "Minors" mainly for Stealing, etc, but was routinely led to Let them Free to Go, afterwards, particularly because of their Age, etc. However, most of them used to Commit again and again such Offences, so that they were Coming and Going through Police and Courts for Endless Years, without any clear Horizon in view, he described.
- Suddenly, However, anOther Police Specialist, with Wider Experience, Suspected that "a Criminal Organisation was Behind" those "Children", "Minor Offenders, which were also Victims of Trafficking", the Dutch Expert pointed out. And, Indeed, an Efficient Investigation in that Direction, led the Police to Discover a Wide Organized Plot by Criminals, who had been Exploiting those Minors in order to systematically Commit a Great Number of Offences, without being ever exposed or cought themselves, since they were always Hidding Behind the scene...
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+ Meanwhile, anOther, quite UnExpected Stimulus for a Better Implementation of CoE's Anti-Trafficking Convention, appeared to be the "Name and Shame" Policy against "Clients" Expoiting Human Trafficking's Victims, which Resulted into inciting Many Big Businesses to Seek some kind of "Ethical Certificates" for their Products and/or Services, showing that they Respect Basic Human Rights of their Workers throughout all the Supply Chains, (See relevant "Eurofora"s NewsReport, at : http://www.eurofora.net/newsflashes/news/bigbusinessandcoevhumantraffiking.html).
(../..)
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***
(NDLR : "DraftNews", as already send, Earlier, to "Eurofora" Subscribers/Donors. A more accurate, full Final Version, might be published asap)
***
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They voted to "freeze" UK Government's draft to put People in jail for 42 Days on "anti-terrorist" suspicion without charge, or they abstained. Don't they look suspect ?
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CoE's debate on UK controversy stirs PanEuropean check of anti-terror suspects' imprisonment
Former Leftists of the Sixties would boil in hot water if they heard PACE's debate on the controversial 42 days detention without charge, currently drafted by the British Government :
A "Socialist" Government, a Socialist PACE Rapporteur and a Socialist Chair of PACE's Legal Committee, opposed a .. "Conservative" amendment (supported by .. Liberals, Democrats, etc), to freeze the measure, in order to protect Citizens' Freedom, by "waiting" until CoE's Venice Committee checks its conformity with Human Rights' principles.
"Left"'s support to Conservative-Lib.Dem's criticism, wasn't enough to obtain a majority, nor to make things as they were back in the good old days, when "Left" and "Right" had a clear meaning, as "liberty" and "restrictions"...
Conservatives and most Democrats were joined by the Left in voting for the "freeze", as well as Liberal Paul Rowen, while Socialist MEP Ivan Popescu, an experienced MEP from Ukraine (PACE Member since 1996-2008) abstained. But most Socialists, added to a few Liberals and EPP's Right, voted against.
Fortunately, someone inside PACE had the wise idea to shorten the Debate for less than 1 Hour, and put it on the Agenda only at the end of an exceptionally busy day, towards the end of the Evening, when most MEPs had already gone to taste wins and foods at various Receptions all around Strasbourg's "European" area : As a result, not even 42 MEPs weren't present..
Socialist Lord Tomlinson accused the leaders of the PanEuropean Assembly, in its highest body : the "Bureau", to "lack wisdom" by deciding to hold a Debate on an issue that neither the Socialist Chair of the Legal Committee, nor its Socialist "reluctant Rapporteur", did "not want to do", ...
Finally, everybody (critics and supporters alike) was happy to agree, in substance, that the controversial measure "may" gravely violate Human Rights, and therefore, PACE asked Legal Experts of Venice Commission to check UK Government''s plans.
But this might take more than .. 42 Days to do, since PACE's Rapporteur asked the Experts to enlarge their study in a PanEuropean comparison of all that is happening on "anti-terrorism" legislation in 47 CoE Member Countries, including Russia, Turkey and Azerbaidjan..
Bad lack : "The existing 28 days’ detention without charge in the UK is, in comparison with other CoE member countries, one of the most extreme : In Turkey, the period is 7,5 days, in France 6 days, in Russia 5 days, and in .. the U.S. and Canada just 2 and 1 days respectively", denounced Democrat MEP Ms WOLDSETH from Norway..
"Numerous respected human rights organisations, including Liberty and Human Rights Watch, have expressed serious concern" "The proposed legislation ...could easily lead to extensive abuses. ...Detention for 42 days means six weeks in which one is taken away from one’s family, friends, home and livelihood only to be let off without being charged. That will destroy lives and isolate communities", she added.
- "3 years ago, the UK Government sought to increase the period of pre-charge detention from 14 days to 90 days. Not long before that, it had been only 7 days. There was a vigorous debate ...and a ...compromise was reached of 28 days. We have to ask whether there are proper safeguards in place to extend the period to 42 days. I suggest that there are fatal flaws", reminded British Conservative Clappison.
- "What sort of society holds someone in detention for 42 days and does not have to tell the person who is in prison why they are there, or explain the suspicions that arose and led to their detention? What sort of society believes that that is the way to treat its citizens? That is an appalling injustice, ...A 42-day detention period will not make the UK safer. Instead, it will be the first step to giving in to terrorists; it is saying that we are prepared to sacrifice our democratic rights and the principles for which we have stood for centuries", criticized British Liberal Michael Hanckock
"Comments made ...by Norwegian delegates are unfortunate", replied British Socialist MEP Ms.Curtis-Thomas, accusing them to "besmirch the reputation of our police force, which is one of the Best in the World", as she said, believing that "there are significant safeguards ...to ensure that individuals are not subjected to unlawful detention"
PACE "has serious doubts whether ...the draft legislation are in conformity with the ...case-law of the European Court of Human Rights. A lack of ..safeguards may lead to arbitrariness, resulting in breaches of ... liberty and ...right to a fair trial". PACE "is particularly concerned that: ..the judge ..may not be in a position to examine whether there exist reasonable grounds for suspecting that the arrested person has committed an offence;"; that "... representation by a lawyer may be inappropriately restricted or delayed;" that "information on the grounds for suspicion of a person ...may be unduly withheld.. ;" that this "may give rise to arrests without the intention to charge;", and; in general, that "prolonged detention without proper information on the grounds for arrest may constitute inhuman treatment", says Klaus De Vries' Report, adopted with 29 votes against zero.
Records don't say if it took him 42 Days to draft his Report, but, at least, he knew why...
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