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For The Council Of Europe Convention On The Fight Against Human Trafficking

Original Language Title: Par Eiropas Padomes Konvenciju par cīņu pret cilvēku tirdzniecību

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The Saeima has adopted and the President promulgated the following laws: The Council of Europe Convention on action against trafficking in human beings in article 1. The Council of Europe Convention on action against trafficking in human beings (hereinafter referred to as the Convention) with this law is accepted and approved. 2. article. In accordance with article 31 of the Convention, paragraph 2 of the Ministry of Foreign Affairs shall inform the Secretary General of the Council of Europe, that the Republic of Latvia will not apply the jurisdiction of article 31 of the Convention paragraph 1 of "d" and "e" provisions. 3. article. The Ministry of the Interior shall coordinate the fulfilment of the obligations provided for in the Convention. 4. article. The Convention shall enter into force on its article 42 and the time limit laid down in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 5. article. The law shall enter into force on the day following its promulgation. With the law put the Convention in English and its translation into Latvian language. The Parliament adopted the law of 24 January 2008. President Valdis Zatlers in Riga 2008. on February 12 COUNCIL OF Europe CONVENTION ON ACTION against TRAFFICKING IN HUMAN BEING in the preamble the member States of the Council of Europe and the other to the Signator heret, Considering that the aim of the Council of Europe is to achieve a greater unity but Weena in members; Considering that trafficking in human being is a violation of human rights of the constitut and an offenc to the dignity and the integrity of the human being; Considering that trafficking in human being may result in slavery for the victim; Considering that respect for the rights of the victim ', protection of victim and action to combat trafficking in human being must be the paramount objective; Considering that all actions against trafficking in the initiative or the human being must be non-discriminatory, take gender equality into account as well as a child-rights approach; Recalling the declarations by the Minister for Foreign Affairs of the Member States at the 112th (14-15 May 2003) and the 114th (12-13 May 2004) sessions of the Committee of Minister calling for reinforced action by the Council of Europe on trafficking in human being; Bearing in mind the Convention for the Protection of Human rights and Fundamental Freedom (1950) and its protocols; Bearing in mind the following recommendations of the Committee of Minister to member States of the Council of Europe: Recommendations From. R (91) 11 on sexual exploitation, pornography and prostitution of, and trafficking in, children and young adults; Recommendations From. R (97) 13 concerning intimidation of a witness and the rights of the defence; Recommendations From. R (2000) 11 on action against trafficking in human being for the purpose of sexual exploitation and Recommendations Rec (2001) 16 on the protection of children against sexual exploitation; Recommendations Rec (2002) 5 on the protection of women against violence; Bearing in mind the following recommendations of the Parliamentary Assembly of the Council of Europe: Recommendations 1325 (1997) on traffic in women and forced prostitution in Council of Europe member States; Recommendations 1450 (2000) on violence against women in Europe; Recommendations 1545 (2002) on a campaign against trafficking in women; Recommendations 1610 (2003) on migration connected with trafficking in women and prostitution; Recommendations 1611 (2003) on trafficking in organs in Europe; Recommendations (2004) Domestic slavery 1663: servitude, au pairs and mail-order brides; Bearing in mind the European Union Council Framework Decision of 19 July 2002 on combating trafficking in human being in the European Union Council Framework Decision of 15 March 2001 on the standing of the victim in criminal proceedings and the European Union Council directive of 29 April 2004 on the residence permit issued to third-country nationals who are the victim of trafficking in human being or who have been the subject of an action it is facilitat illegal immigration , who cooperate with the competent authorities to be; Taking due account of the United Nations Convention against Transnational Organized Crime and the Protocol to prevent, Suppress theret and Punish Trafficking in Persons, Especially Women and Children with a view to improving the protection which they afford and developing the standards established by them; Taking due account of the other international legal instruments relevant in the field of action against trafficking in human being; Taking into account the need to prepare a comprehensive international legal instrument focusing on the human rights of the victim of trafficking and setting up a specific monitoring mechanism, have agreed as follows: Chapter I-Purpose, scope, non-discrimination principles and definition article 1-Purpose of the Convention 1 the purpose of this Convention are: (a) prevent and combat trafficking in human being is , while guaranteeing gender equality; (b) to protect the human rights of the victim of trafficking, design a comprehensive framework for the protection and assistance of victim and witness, while guaranteeing gender equality, as well as the effective investigation and prosecution of ensur; (c) to promote international cooperation on action against trafficking in human being. 2 In order to ensur is effective implementation of its provision by the parties, this Convention sets up a specific monitoring mechanism. Article 2-scope this Convention shall apply to all forms of trafficking in human being, whethers national or transnational, whethers or not connected with organised crime. Article 3 – Non-discrimination principle the implementation of the provision of this Convention by parties, in particular the enjoymen of measure to protect and promote the rights of the victim, shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. Article 4-Definition For the purpose of this Convention: (a) "Trafficking in human being" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of Caesar, of fraud, of deceptions, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person , for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual ex ploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) the consent of a victim of "trafficking in human being" to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevan where any of the means set forth in subparagraph (a) have been used; (c) the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in human being" even if this does not any of the involv means set forth in subparagraph (a) of this article; (d) "Child" shall mean any person under eighteen years of age; (e) "victim" shall mean any natural person who is subject to trafficking in human being as defined in this article.
Chapter II – Prevention, co-operation and other measure of article 5 – Prevention of trafficking in human being 1 Each Party shall take measure to establish or strengthen national co-ordination between the various bodies responsible for preventing and combating trafficking in human being. 2 Each Party shall establish and/or strengthen effective policies and programmes to prevent trafficking in human being, by such means as: research, information, awareness raising and education campaigns, social and economic initiative and training programme, in particular for persons to trafficking and for vulnerabl professionals concerned with trafficking in human being. 3 Each Party shall promote a Human rights-based approach and shall use gender mainstreaming and a child-sensitive approach in the development, implementation and assessment of all the policies and programmes referred to in paragraph 4, Each Party shall take 2 appropriate measure, as may be, it does not enable the cessary migration take place legally, in particular through dissemination of accurate information by relevant offices , on the conditions enabling the legal entry in and stay on its territory. 5 Each Party shall take specific measure to reduce children's vulnerability to trafficking, notably by creating a protective environment for them. 6 Measure established in accordanc with of this article shall, where appropriate involv, non-governmental organisations, other relevant organisations and other elements of civil society committed to the prevention of trafficking in human being and victim protection or assistance. Article 6-a Measure of the demand To the discourag discourag the demand that foster all forms of exploitation of persons, especially women and children, that leads to trafficking, each Party shall adop or strengthen legislative, administrative, educational, social, cultural or other measure-including: a research on best practices, methods and strategies; (b) raising awareness of the responsibility and important role of media and civil society in identifying the demand as one of the root causes of trafficking in human being; (c) target information campaigns involving, as appropriate, inter alia, public authorities and policy makers; (d) the preventive measure, including educational programmes for boys and girls during their schooling, which stress the unacceptabl of the nature of discrimination based on sex, and its consequences, are the disastro importanc of gender equality and the dignity and integrity of every human being. Article 7-Border measure 1 without prejudice to the international commitment in relations to the free movement of persons, Parties shall strengthen, to the exten to possible, such border controls as may be does not prevent the cessary and detect trafficking in human being. 2 Each Party shall adop a legislative or other appropriate measure to prevent, to the exten to possible, means of transport operated by commercial carrier from being used in the commission of the offenc established in accordanc with this Convention. 3 where appropriate, and without prejudice to applicable international convention, such measure shall include establishing the obligation of the commercial carrier, including any transportation company or the owner or operator of any means of transport, to ascertain that all contained with in possession of the travel documents required for entry into the receiving State. 4 Each Party shall take the cessary measure, in accordanc with its internal law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article. 5 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to permit, in accordanc with its internal law, the denial of entry or revocation of all of the persons implicated in the commission of the offenc established in accordanc with this Convention. 6 Parties shall strengthen co-operation among border control agencies by, inter alia, establishing and maintaining direct channels of communication. Article 8 – Security and control of documents Each Party shall adop a such measure may not be the axis of the cessary To ensur that: (a) the travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and (b) To ensur the integrity and security of travel or identity documents issued by or on behalf of the Party and to prevent their unlawful creation and issuance. Article 9 – Legitimacy and validity of documents At the request of another Party, a Party shall, in accordanc with its internal law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in human being.
Chapter III-Measure to protect and promote the rights of the victim, guaranteeing gender equality article 10 – Identification of the victim 1 Each Party shall provide its competent authorities with the person who is trained and qualified in the preventing and combating trafficking in human being, in identifying and helping the victim, including children, and shall ensur that the different authorities collaborat with each other as well as with relevant support organisations , so that the victim can be identified in a procedure duly taking into account the special situation of women and child victim and, in appropriate cases, issued with residence permit under the conditions provided for in article 14 of the present Convention. 2 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to identify victim as appropriate in collaboration with other parties and relevant support organisations. Each Party shall ensur that, if the competent authorities have to be reasonable grounds to believe that a person has been victim of trafficking in human being, that person shall not be removed from its territory until the identification process as victim of an offenc is provided for in article 18 of this Convention has been completed by the competent authorities and shall be likewis is that that person ensur receive the assistance provided for in article 12 , paragraphs 1 and 2.3 When the age of the victim is uncertain and there are reasons to believe that the victim is a child, he or she shall be presumed to be a child and shall be accorded special protection measure of pending verification of his/her age. 4 As soon as an unaccompanied child is identified as a victim, each Party shall: a provide for representation of the child by a legal guardian, organisation or authority which shall act in the best interests of the child are; (b) take the steps to establish cessary his/her identity and nationality; (c) make every effort to locate his/her family when this is in the best interests of the child. Article 11 – Protection of private life 1 Each Party shall protect the private life and identity of the victim. Personal data regarding them shall be stored and used in conformity with the conditions provided for by the Convention for the Protection of Individual with regard to Automatic Processing of Personal Data (ETS No. 108). 2 Each Party shall adop a measure of it, in particular, ensur that the identity, or details allowing the identification, of a child victim of trafficking are not made publicly known, through the media or by any other means, except, in exceptional, in order to facilitat circumstanc the tracing of family members or otherwise secure the well-being and protection of the child. 3 Each Party shall consider adopting, in accordanc with article 10 of the Convention for the Protection of Human rights and Fundamental Freedom as interpreted by the European Court of Human Rights, a measure aimed at encouraging of the media to protect the private life and identity of the victim through self-regulation or through regulatory or co-regulatory measure. Article 12 – assistance to victim 1 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to assist a victim in their physical, psychological and social recovery. Such assistance shall include at least: (a) standards of living capable of ensuring their subsistenc, through such measure axis: appropriate and secure accommodation, psychological and material assistance; (b) access to emergency medical treatment; (c) translation and interpretation services, when appropriate; (d) counselling and information, in particular as regards their legal rights and the services available to them, in a language they can understand that; (e) assistance to enable their rights and interests to be presented and considered at appropriate stages of criminal proceedings against the offender; (f) access to education for children. 2 Each Party shall take due account of the victim's safety and protection needs. 3 In addition, each Party shall provide no medical or other assistance the cessary victim of lawfully resident within its territory who do not have the resources and adequat need such help. 4 Each Party shall adop the rules under which a victim within its territory lawfully resident shall be authorised to have access to the labour market, to vocational training and education. 5 Each Party shall take the measure, where appropriate and under the conditions provided for by its internal law, to co-operate with non-governmental organisations, other relevant organisations or other elements of civil society engaged in assistance to victim. 6 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to ensur that assistance to a victim is not made conditional on his or her market to act as a witness. 7 For the implementation of the provision set out in this article, each Party shall ensur that services are provided on a consensual and informed basis, taking due account of the special needs of persons in a position of vulnerabl and the rights of children in terms of accommodation, education and appropriate health care. Article 13 – Recovery and the period 1 Each Party shall provide reflections in its internal law a recovery and reflections of the period at least 30 days, when there are reasonable grounds to believe that the person concerned is a victim. Such a period shall be sufficient for the person concerned to recover and escape the influence of trafficker and/or to take an informed decision on cooperating with the competent authorities to be. During this period, it shall not be possible to enforce any expulsion order against him or her. This provision is without prejudice to the activities carried out by the competent authorities in all the phases of the relevant national proceedings, and in particular when investigating and prosecuting the offenc's concerned. During this period, the Parties shall the persons concerned authoris to stay in their territory. 2 During this period, the persons referred to in paragraph 1 of this article shall be entitled to the measure of the led in the article 12, paragraphs 1 and 2.3 the parties are not bound to observe this period if grounds of public order prevent it or if it is found that victim status is being claimed improperly. Article 14 – residence permit 1 Each Party shall issue a renewable residence permit of their victim, in one or other of the two following situation or in both: (a) the competent authority consider that their stay is not to their personal situation; cessary Owings (b) the competent authority consider that their stay is not cessary for the purpose of their co-operation with the competent authorities in investigation or criminal to proceedings. 2 the residence permit for the child victim, when not legally issued in accordanc cessary, shall be with the best interests of the child and, where appropriate, renewed stands out among the under the same conditions. 3 the non-renewal or withdrawals of a residence permit is subject to the conditions provided for by the internal law of the Party. 4 If a victim of an application submit for another kind of residence permit, the Party concerned shall take into account that he or she holds, or has held, a residence permit in conformity with paragraph 1.5 Having regards to the obligation of parties to which article 40 of this Convention, each Party shall refer to ensur that granting of a permit according to this provision shall be without prejudice to the right to seek and enjoy asylum. Article 15 – Compensation and legal redres 1 Each Party shall ensur that victim will have access, as from their first contact with the competent authorities, to information on relevant judicial and administrative proceedings in a language which they can understand. 2 Each Party shall provide, in its internal law, for the right to legal assistance and to free legal aid for the victim under the conditions provided by its internal law. 3 Each Party shall provide, in its internal law, for the right of the victim to compensation from the perpetrator. 4 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to guarantee compensation for victim in accordanc with the conditions under its internal law, for instance through the establishment of a fund for victim compensation or measure or programme aimed at the social assistance and social integration of victim, which could be funded by the assets resulting from the application of the measure provided for in article 23 article 16 – Repatriation and return of victim 1 the Party of which a victim is a national or in which the person had the right of permanent residence at the time of entry into the territory of the receiving Party shall, with due regard for his or her rights, safety and dignity, facilitat and accept, his or her return without delay of the undu or unreasonabl. 2 When a Party returns a victim to another State, such return shall be with due regard for the rights, safety and dignity of that person and for the status of any legal proceedings related to the fact that the person is a victim, and shall preferably be voluntary. 3 At the request of a receiving Party, a requested Party shall verify whethers person is it a national or had the right of permanent residence in its territory at the time of entry into the territory of the receiving Party. 4 In order to facilitat the return of a victim who is without proper documentation, the Party of which that person is a national or in which he or she had the right of permanent residence at the time of entry into the territory of the receiving Party shall agree to issue, at the request of the receiving Party, such travel documents or other authorisation as may be not to enable the person cessary to travel to and re-enter its territory. 5 Each Party shall adop a legislative or other such measure may not be the axis of the repatriation program, establish cessary involving relevant national or international institutions and non governmental organisations. These programmes aim at «avoiding re-victimisation. Each Party should make its best effort to favour the reintegration of the victim into the society of the State of return, including reintegration into the education system and the labour market, in particular through the acquisition and improvement of their professional skills. With regards to children, these programmes should include enjoymen of the right to education and the measure to secure adequat care or receipt by the family or appropriate care structures. 6 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to make available to the victim, where appropriate in co-operation with any other Party concerned, contact information of structures that can assist them in the country where they are returned or repatriated, such as law enforcement offices, non-governmental organisations, the legal profession is able to provide counselling and social welfare agencies. 7 Child victim shall not be returned to a State, if there is indication, following a risk and security assessment, that such return would not be in the best interests of the child. Article 17 – Gender equality Each Party shall, in applying the measure referred to in this chapter, aim to promote gender equality and use gender mainstreaming in the development, implementation and assessment of the measure.
Chapter IV – Substantive criminal law in article 18 – Criminalisation of trafficking in human being is Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary establish the criminal conduct led in the article 4 of this Convention, when committed intentionally. Article 19 – Criminalisation of the use of services of a victim Each Party shall consider adopting such legislative and other measure may not be the axis of the axle of the offenc cessary to establish criminal under its internal law, the use of services which are the object of exploitation as referred to in article 4 paragraph (a) of this Convention, with the knowledge that the person is a victim of trafficking in human being. Article 20 – Criminalisation of acts relating to travel or identity documents Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal conduct, the following when committed intentionally and for the purpose of enabling the trafficking in human being: (a) forging a travel or identity document; (b) procuring or providing such a document; (c) retaining, removing, concealing, damaging or destroying a travel or identity document of another person. Article 21 – attempt and aiding or abetting 1 Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal when committed intentionally, aiding or abetting the commission of any of the established of the offenc in accordanc with articles 18 and 20 of the present Convention. 2 Each Party shall adop to such legislative and others measure may not be the axis of the axle of the offenc cessary to establish criminal when committed intentionally, an attempt to commit the offenc's established in accordanc with articles 18 and 20, paragraph a, of this Convention. Article 22 – corporate liability 1 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to ensur that a legal person can be held liabl for a criminal is established in accordanc offenc with this Convention, committed for its benefit by any natural person, acting either individually or as part of an organ of the legal person, who has a leading position within the legal person, , based on: (a) a power of representation of the legal person; (b) an authority to take decisions on behalf of the legal person; (c) an authority to exercise control within the legal person. 2 apart from the cases already provided for in paragraph 1, each Party shall take the measure not the cessary ensur that a legal person can be held in liabl where the lack of supervision or control by a natural person referred to in paragraph 1 has made possible the commission of a criminal is established in accordanc offenc with this Convention for the benefit of the legal person by a natural person acting under its a authority. 3 subject to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative. 4 Such liability shall be without prejudice to the criminal liability of the natural persons who have committed the offenc. Article 23 – sanctions and measure 1 of Each Party shall adop to such legislative and others measure may not be the axis of the cessary to ensur that the criminal of the offenc established in accordanc with articles 18 to 21 are punishabl by effective, proportionat and dissuasiv of the sanctions. These sanctions shall include, for criminal of the offenc established in accordanc with article 18 when committed by natural persons, penalties involving deprivation of liberty which can give of the rise to the extradition. 2 Each Party shall ensur that legal persons held liabl in accordanc with article 22 shall be subject to effective, proportionat and dissuasiv of the criminal or non-criminal sanctions, including monetary sanctions or measure. 3 Each Party shall adop to such legislative and others measure may not be the axis of the cessary to enable it to confiscat or otherwise depriv the instrumentalit and proceed of the offenc established criminal in accordanc with articles 18 and 20, paragraph a, of this Convention, or property the value of which correspond to such proceed. 4 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to enable the temporary or permanent closur of any establishment which was used to carry out trafficking in human being, without prejudice to the rights of bona fide third parties or to deny the perpetrator, temporary or permanently, the exercise of the activity in the course of which this offenc was committed. Article 24 – Aggravating of Each Party shall circumstanc ensur that the following is regarded as aggravating circumstanc with circumstanc in the determination of the penalty for the offenc established in accordanc with article 18 of this Convention: (a) the offenc deliberately or by the gross gligenc is not endangered the life of the victim; (b) the offenc was committed against a child; (c) the offenc was committed by a public official in the performance of his duties; the here/ (d) the offenc was committed within the framework of a criminal organisation. Article 25-previous convictions Each Party shall adop to such legislative and others measure of providing for the possibility to take into account final by another Party in the line passed the relations established in accordanc of the offenc with this Convention when determining the penalty. Article 26 – Non-punishment provision Each Party shall, in accordanc with the basic principles of its legal system, provide for the possibility of not imposing penalties on the victim for their involvement in unlawful activities, to the exten to that they have been compelled to do so.
Chapter V – Investigation, prosecution and procedural law article 27 – Ex parte and ex officio applications 1 Each Party shall ensur that investigations into or prosecution of the offenc established in accordanc with this Convention shall not be dependent upon the report or accusation made by a victim, at least when the offenc was committed in whole or in part on its territory. 2 Each Party shall ensur that victim of an offenc in the territory of a Party other than the one where they a resident programs may make a complaint before the competent authorities of the State of their residence. The competent authority to which the complaint is made, insofar as it does not itself have competence in this respect, shall transmit it without delay to the competent authority of the Party in the territory in which the offenc was committed. The complaint shall be deal with in accordanc with the internal law of the Party in which the offenc was committed. 3 Each Party shall ensur, by means of legislative or other measure, in accordanc with the conditions provided for by its internal law, to any group, foundation, association or non-governmental organisations which aims at fighting trafficking in human being or protection of human rights, the possibility to assist and/or support the victim with his or her consent during criminal proceedings concerning the the offenc is established in accordanc with article 18 of this Convention. Article 28 – Protection of victim, witness and collaborator with the judicial authorities 1 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to provide effective and appropriate protection from potential retaliations or intimidation in particular during and after investigation and prosecution of the perpetrator, for: (a) the Victim; (b) As appropriate, those who report the criminal of the offenc established in accordanc with article 18 of this Convention or otherwise co-operate with the investigating or prosecuting authorities; (c) the witness who give news article concerning the criminal of the offenc established in accordanc with article 18 of this Convention; (d) when not cessary, members of the family of persons referred to in subparagraph (a) and (c) Each Party shall adop a 2 such legislative or other measure may not be the axis of the cessary to ensur and to offer various kinds of protection. This may include physical protection, relocation, identity change and assistance in obtaining jobs. 3 A child victim shall be afforded special protection measure of taking into account the best interests of the child. 4 Each Party shall adop a legislative or other such measure may not be the axis of the cessary to provide, when appropriate, not protection from potential cessary retaliations or intimidation in particular during and after investigation and prosecution of the perpetrator, for members of groups, foundations, associations or non-governmental organisations which carry out the activities set out in article 27, paragraph 5, Each Party shall consider 3 entering into agreements or arrangements with other States for the implementation of this article. Article 29 – Specialised authorities and co-ordinating bodies 1 Each Party shall adop a such measure may not be the axis of the cessary to ensur that persons or entities with a specialised in the fight against trafficking and the protection of the victim. Such persons or entities shall not to have the cessary independence in accordanc with the fundamental principles of the legal system of the Party, in order for them to be able to carry out their functions effectively and free from any pressure of the undu. Such persons or the staffs of such entities shall have to adequat training and financial resources for their tasks. 2 Each Party shall adop a such measure may not be the axis of the cessary to ensur a co-ordination of the policies and actions of their Governments ' departments and other public agencies against trafficking in human being, where appropriate, through setting up co-ordinating bodies. 3 Each Party shall provide or strengthen training for relevant officials in the prevention of and fight against trafficking in human being, including Human rights training. The training may be agency-specific and shall, as appropriate, focus on: methods used in preventing such trafficking, prosecuting the trafficker and protecting the rights of the victim, including protecting the victim from the trafficker. 4 Each Party shall consider appointing National rapporteurs ' or other mechanisms for monitoring the anti-trafficking activities of State institutions and the implementation of national legislation requirements. Article 30 – court proceedings In accordanc with the Convention for the Protection of Human rights and Fundamental Freedom, in particular article 6, each Party shall adop a legislative or other such measure may not be the axis of the cessary ensur it in the course of judicial proceedings: (a) the protection of the victim ' private life and, where appropriate, identity; (b) the victim of the ' safety and protection from intimidation, in accordanc with the conditions under its internal law and, in the case of a child victim, by taking special care of children's needs and ensuring their right to special protection measure. Article 31 – Jurisdiction 1 Each Party shall adop to such legislative and others measure may not be the axis of their jurisdiction over any establish offenc cessary is established in accordanc with this Convention, when the offenc is committed: a in its territory; or (b) on board a ship flying the flag of that Party; or (c) on board an aircraft registered under the laws of that Party; or (d) by one of its nationals or by a person who has his stateles or her habitual residence in its territory, if the offenc is punishabl is under criminal law where it was committed or if the offenc is committed outside the territorial jurisdiction of any State; e against one of its nationals. 2 Each Party may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, by a declaration addressed to the Secretary General of the Council of Europe, declare that it reserve the right not to apply or to apply only in specific cases or conditions the jurisdiction rules passed down in paragraph 1 (d) and (e) of this article or any part thereof. 3 Each Party shall adop a such measure may not be the axis of the cessary to establish jurisdiction over the offenc referred to of in this Convention, in cases where an alleged offender is present in its territory and it does not him/here it is another extradit Party, solely on the basis of his/her nationality, after a request for extradition. 4 When more than one Party claims jurisdiction over an alleged Office established in accordanc offenc with this Convention, the parties involved shall, where appropriate, consult with a view to determining the most appropriate jurisdiction for prosecution. 5 without prejudice to the general rules of international law, this Convention does not exclude any criminal jurisdiction exercised by a Party in accordanc with internal law.
Chapter VI – International co-operation and co-operation with civil society article 32 – General principles and measure for international co-operation the Parties shall co-operate with each other, in accordanc with the provision of this Convention, and through application of relevant applicable international and regional instruments, arrangements agreed on the basis of of uniform or reciprocal legislation and internal laws, to the wides to exten the possible , for the purpose of preventing and combating trafficking in:-the human being; -protecting and providing assistance to the victim; -investigations or proceedings concerning criminal offenc's established in accordanc with this Convention. Article 33-the Measure relating to endangered or missing persons of 1 When a Party, on the basis of the information at its disposal has reasonable grounds to believe that the life, the freedom or the physical integrity of a person referred to in article 28, paragraph 1, is in immediate danger on the territory of another Party, the Party that has the information shall in such a case, of emergency, transmit it without delay to the latter so as to take the appropriate protection measure. 2 the parties to this Convention may consider reinforcing their co-operation in the search for missing people, in particular for missing children, if the information available leads them to believe that she/he is a victim of trafficking in human being. To this end, the parties may by bilateral or conclud multilaterals to with each other treats. Article 34 – Information 1 the requested Party shall promptly inform the requesting Party of the final result of the action taken under this chapter. The requested Party shall promptly inform the requesting also Party of any of which renders impossible circumstanc the carrying out of the action sought or are likely to delay it significantly. 2 A Party may, within the limits of its internal law, without prior request, forward to another Party information obtained within the framework of its own investigations when it consider that the disclosure of such information might assist the receiving Party in initiating or carrying out investigations or proceedings concerning criminal offenc's established in accordanc with this Convention or might lead to a request for co-operation by that Party under this chapter. 3 Prior to providing such information, the providing Party may request that it be kep to confidential or used subject to conditions. If the receiving Party cannot comply with such request, it shall notify the providing Party, which shall then determin the whethers the information should not be provided vertheles. If the receiving Party to accept the information subject to the condition that it shall be bound by them. 4 All information requested concerning articles 13, 14 and 16, do not provide the cessary to rights conferred by these articles, shall be transmitted at the request of the Party concerned without delay with due respect to article 11 of the present Convention. Article 35 – co-operation with civil society Each Party shall encourag State authorities and public officials, to co-operate with non-governmental organisations, other relevant organisations and members of civil society, in establishing strategic partnerships with the aim of achieving the purpose of this Convention.
Chapter VII – Monitoring mechanism article 36 – Group of experts on action against trafficking in human being is 1 the Group of experts on action against trafficking in human being (hereinafter referred to as "Greta"), shall monitor the implementation of this Convention by the parties. 2 Greta shall be composed of a minimum of 10 members and a maximum of 15 members, taking into account a gender and location balance, as well as a multidisciplinary expertise. They shall be elected by the Committee of the parties for a term of Office of 4 years, renewable once, chosen from amongs the national of the States parties to this Convention. 3 the election of the members of Greta shall be based on the following principles: (a) they shall be chosen from among persons of high moral character, known for their recognised competence in the field of Human Rights, assistance and protection of the victim and of action against trafficking in human being or having professional experience in the areas covered by this Convention; (b) they shall sit in their individual capacity and shall be independent and impartial in the exercise of their functions and shall be available to carry out their duties in an effective manner; (c) two members of Greta may be nationals of the same State; (d) they should be the main legal represen systems. 4 the election procedure of the members of Greta shall be determined by the Committee of Minister, after consulting with and obtaining the unanimous consent of the of the parties to the Convention, within a period of one year following the entry into force of this Convention. Greta shall adop a its own rules of procedure. Article 37 – Committee of the parties 1 the Committee of the Parties shall be composed of the representatives on the Committee of Minister of the Council of Europe of the member States parties to the Convention and representatives of the parties to the Convention, which are not members of the Council of Europe. 2 the Committee of the Parties shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within a period of one year following the entry into force of this Convention in order to elect the members of Greta. It shall subsequently meet whenever one-third of the parties, the President of Greta or the Secretary General so requests. 3 the Committee of the Parties shall be its adop own rules of procedure. Article 38 – procedure 1 the evaluation procedure shall concern the parties to the Convention and be divided in round, the length of which is determined by Greta. At the beginning of each round Greta shall select the specific provision on which the evaluation procedure shall be based. 2 Greta shall define the most appropriate means to carry out this evaluation. Greta may in particular adop a questionnaire for each evaluation round, which may serve as a basis for the evaluation of the implementation by the parties of the present Convention. Such a questionnaire shall be addressed to all parties. Parties shall responds to this questionnaire, as well as to any other request of information from Greta. 3 Greta may request information from civil society. 4 Greta may subsidiarily organise, in co-operation with the national authorities and the "contact person" appointed by the latter, and, if not, with the cessary assistance of independent national experts, country at it. During these the visits, Greta may be assisted by specialists in specific fields. 5 Greta shall prepare a draft report containing its analysis concerning the implementation of the provision on which the evaluation is based, as well as its suggestions and proposals concerning the way in which the Party concerned may deal with the problems which have been identified. The draft report shall be transmitted for comments to the Party which undergo the evaluation. It is comments by taken into account by Greta when establishing its report. 6 On this basis, Greta shall adop it report and conclusions concerning the measure taken by the Party concerned of the implementations that the provision of the present Convention. This report and conclusions shall be sent to the Party concerned and to the Committee of the parties. The report and conclusions of Greta shall be made public as from their adoption, together with eventual comments by the Party concerned. 7 without prejudice to the procedure of paragraphs 1 to 6 of this article, the Committee of the parties may adop, on the basis of the report and conclusions of Greta, recommendations addressed to this Party (a) concerning the measure to be taken it implementations that the conclusions of Greta, if not setting a date for submitting cessary information on their implementation, and (b) aiming at promoting co-operation with that Party for the proper implementation of the present Convention.
Chapter VIII – Relationship with other international instruments article 39 – Relationship with the Protocol to prevent, Suppress and punish trafficking in persons, especially women and children, supplementing the United Nations Convention against transnational organised crime this Convention shall not be affec the rights and obligation of derived from the provision of the Protocol to prevent, Suppress and punish trafficking in persons, especially women and children , supplementing the United Nations Convention against trans national organised crime, and is intended to enhance the protection afforded by it and develop the standards therein led. Article 40 – Relationship with other international instruments this Convention shall note 1 affec the rights and obligations derived from other international instruments is to which parties to the present Convention are parties or shall become parties and which contain provision on matters governed by this Convention and which ensur greater protection and assistance for victim of trafficking. 2 the parties to the Convention may by bilateral or conclud multilaterals agreements with one another on the matters to deal with in this Convention, for the purpose of supplementing or strengthening its provision or facilitating the application of the principles embodied in it. 3 parties which are members of the European Union shall, in their mutual relations, apply Community and European Union rules in so far as there are Community or European Union rules each of the particular subject concerned and applicable to the specific case, without prejudice to the object and purpose of the present Convention and without prejudice to its full application with other parties. (1) 4 Nothing in this Convention shall be affec the rights, obligations and responsibilities of States and international law, including individual under international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention and the 1967 Protocol relating to the status of refugees and the principle of non-refoulemen as led therein.
Chapter IX – Amendments to the Convention article 41 – Amendments 1 Any proposal for an amendment to this Convention presented by a Party shall be communicated to the Secretary General of the Council of Europe and forwarded by him or her to the member States of the Council of Europe, any signatory, any State Party, the European Community, to any State invited to sign this Convention in accordanc with the provision of article 42 and to any State invited to accede to this Convention in accordanc with the provision of article 43.2 Any amendment proposed by a Party shall be communicated to Greta, which shall submit to the Committee of Minister to its opinion on that proposed amendment. 3 the Committee of Minister shall consider in the proposed amendment and the opinion submitted by Greta and, following consultation of the parties to this Convention and after obtaining their unanimous consent, may be in the adop amendment. 4 the text of any amendment adopted by the Committee of Minister in accordanc with paragraph 3 of this article shall be forwarded to the parties for acceptance. 5 Any amendment adopted in accordanc with paragraph 3 of this article shall enter into force on the first day of the month following the expiration of a period of one month after the date on which all parties have informed the Secretary General that they have accepted it. Chapter X of the Commission article 42-Final-signature and entry into force 1 this Convention shall be open for signature by the member States of the Council of Europe , the non member States which have participated in its elaborations and the European Community. 2 this Convention is subject to ratification, acceptance or approval. The instrument of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 3 this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which 10 Signator, including at least 8 member States of the Council of Europe, have expressed their consent to be bound by the Convention in accordanc with the provision of the preceding paragraph. 4 In respect of any State mentioned in paragraph 1 or the European Community, which subsequently express their consent to it be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of the deposit of its instrument of ratification, acceptance or approval. Article 43 – Accession to the Convention 1 After the entry into force of this Convention, the Committee of Minister of the Council of Europe may, after consultation of the parties to this Convention and obtaining their unanimous consent, invite any of the non-member State of the Council of Europe, which has not participated in the elaborations of the Convention, to accede to this Convention by a decision taken by the majority provided for in article 20 d. of the Statute of the Council of Europe, and by unanimous vote of the representatives of the Contracting States entitled to sit on the Committee of Minister. 2 In respect of any acceding State, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe. Article 44 – Territorial application 1 Any State or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Convention shall apply. 2 Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertaking. In respect of such territory, the Convention shall enter into the force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General. 3 Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawals shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General. Article 45 – reservations from the reservation may be made in respect of any provision of this Convention, with the exception of the reservation of article 31, paragraph 2 article 46 Denunciation 1 Any Party-may, at any time, denounc this Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2 Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General. Article 47 – Notification the Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any State signatory, any State Party, the European Community, to any State invited to sign this Convention in accordanc with the provision of article 42 and to any State invited to accede to this Convention in accordanc with the provision of article 43 of (a) any signature; (b) the deposit of any instrument of ratification, acceptance, approval or accession; (c) any date of entry into force of this Convention in accordanc with articles 42 and 43; (d) any amendment adopted in accordanc with article 41 and the date on which such an amendment to enter into force; e any denunciation made in pursuanc of the provision of article 46; f any other Act, notification or communication relating to this Convention, (g) any reservation made under article 45.

The Council of Europe Convention on action against trafficking in human beings preamble the Member States of the Council of Europe and the other States which have signed this Convention, considering that the aim of the Council of Europe is to achieve greater unity between Member States; considering that trafficking in human beings is a violation of human rights and an offence to human dignity and integrity; believing that human beings can lead to victims of slavery; considering that respect for the rights of victims, victim protection and human trafficking must be on the most important goals; considering that all actions or initiatives against trafficking in human beings must be non-discriminatory in the light of gender equality, as well as the rights of the child; referring to the Minister for Foreign Affairs of the Member States 112. session (2003, 14-15 May) and of the Committee of Ministers session 114. (2004-12-13 May) adopted declarations, which require enhanced Council of Europe action against trafficking in human beings; having regard to the 1950 Convention for the protection of human rights and fundamental freedoms and its protocols; in the light of the following Member States of the Council of Europe Committee of Ministers recommendations: Recommendation No R (91) 11 on child and youth sexual exploitation, pornography, prostitution and trafficking; Recommendation No. R (97) 13 concerning intimidation of witnesses and the rights of defence; Recommendation No. R (2000) 11 on human trafficking for purposes of sexual exploitation and recommendation Rec (2001) 16 on the protection of children against sexual exploitation; Recommendation Rec (2002) 5 on the protection of women against violence; in view of such a Parliamentary Assembly of the Council of Europe recommendations: Recommendation 1325 (1997) on trafficking in women and forced prostitution in Council of Europe Member States; Recommendation 1450 (2000) on violence against women in Europe; Recommendation 1545 (2002) on a campaign against trafficking in women; Recommendation 1610 (2003) on migration connected with trafficking in women and prostitution; Recommendation 1611 (2003) on organ trafficking in Europe; Recommendation 1663 (2004)-domestic slavery: maids, babysitters and brides by mail in the light of the Council of the European Union on July 19, 2002 a framework decision on combating trafficking in human beings, the Council of the European Union of 15 March 2001, the framework decision on the status of victims in criminal proceedings and the European Union Council of 29 April 2004, the directive on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities; under the United Nations Convention against transnational organised crime and its protocols on trafficking in persons, especially women and children, to prevent, Suppress and punish, with a view to improving the protection provided to them and developing global standards; subject to the other international legal documents related to measures against human trafficking; having regard to the need to prepare a comprehensive international legal document, which focuses on the human rights of trafficking victims and set up a special monitoring mechanism, have agreed as follows: title I-objectives, content, non-discrimination principle and definitions article 1 – aim of the Convention 1 the objective of this Convention are: a. to prevent and combat trafficking in human beings, while guaranteeing gender equality; (b) to protect victims of human trade, to develop a general framework for victim and witness protection and support, while guaranteeing gender equality, as well as to ensure effective investigation and prosecution; c. to promote international cooperation on measures against human trafficking. 2. in order to ensure that the parties take effective implementation of its provisions, this Convention creates a special monitoring mechanism. Article 2-content of this Convention applies to all forms of trafficking within the country or international, carried out by organized crime related or unrelated. Article 3-principle of non-discrimination the Parties shall ensure the implementation of the provisions of this Convention, in particular measures for victims rights-protection and promotion, without any gender, race, colour, language, religion, political or other opinion, national or social nature, national minority, property, birth or other circumstances discrimination. Article 4 – definitions for the purposes of this Convention: a. "human trafficking" means the carriage of persons, the recruitment, transfer, hiding or reception, use or threat of force, or other coercion, abduction, fraud, deception, abuse of types or using aizsargatīb not state or give or receive material or different benefits, to ensure that the person controls another person, for the purpose of rational consent. Include rational use of prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) "human trade" the victim's consent to the proposed use, set out in point (a) of this article), is not taken into account if any of the used set out in point (a)) features; c. child recruitment, transport, transfer, hiding or receive for the purpose of exploitation shall be considered ' trafficking in persons ' even if it does not contain any of the laid down in (a)); (d) "child" means any person who is younger than eighteen years of age; (e) "victim" means any natural person who is subject to trafficking in human beings, as laid down in this article.
Section II-Prevention, cooperation and other measures article 5 – prevention of trafficking in human beings 1. each Party shall take measures to establish or strengthen national cooperation between the various bodies responsible for preventing and combating trafficking in human beings. 2. Each Party shall establish and/or strengthen effective policies and programmes to prevent trafficking in human beings, with features such as: research, information, awareness-raising and educational campaigns, social and economic initiatives and training programs, especially for persons vulnerable to trafficking and for professionals who deal with issues related to human trafficking. 3. each Party shall promote human rights based approach and use the integrated approach to the prevention of gender inequality and to the interests of the child, access to all the activities referred to in paragraph 2 of the plan and programme design, implementation and evaluation. 4. each Party shall take the appropriate measures as are necessary to facilitate legal migration, particularly through the relevant authorities precise information on the conditions that encourage illegal entry and residence in its territory. 5. each Party shall take specific measures to reduce children's vulnerability to trafficking situation, particularly giving them a safe and secure environment. 6. the measures introduced in accordance with this article shall involve, where appropriate, non-governmental organisations, other relevant organisations and other elements of civil society that take to prevent trafficking and protect victims or give them help. Article 6 – measures to discourage the demand To discourage the demand that fosters personal, in particular women and children, all types of operation, leading to trade, each Party shall adopt or strengthen legislative, administrative, educational, social, cultural or other measures including: a. research on best practices, methods and strategies; b. responsibility awareness and media and the important role of civil society in establishing, at the request of one of the root causes of trafficking; (c) information campaigns, involving inter alia in public authorities and the action plan developers; d. preventive measures, including educational programmes for boys and girls that emphasizes gender-based discrimination unacceptable nature and its devastating effects, gender equality and the dignity of every human being and the importance of integrity. Article 7-measures on the border of 1. Without prejudice to international commitments in relation to the free movement of persons, Parties shall strengthen as much as possible the border control, what is needed to prevent and detect trafficking in human beings. 2. each Party shall take legislative and other appropriate measures to prevent the possible that the means of transport used by commercial carriers from being used in committing offences that are listed in the Convention. 3. Where appropriate and without prejudice to applicable international conventions, such measures provide for the commercial carriers, including any transportation company or the owner of any vehicle or operator, an obligation to make sure that all passengers are in possession of the travel documents required for entry to the country. 4. Each Party shall, in accordance with its internal laws, take the necessary steps to impose sanctions provided for in paragraph 3 of this article, this obligation, in cases of infringement. 5. Each Party shall take such legislative and other measures as are necessary, in accordance with its internal laws provide for the refusal of entry into or withdrawal of visas for persons involved in the offences referred to in the Convention takes place. 6. the Parties shall strengthen cooperation between border control services, including establishing and maintaining direct channels of communication. Article 8 – security and control of documents Each Party shall take such measures as are necessary to: a. ensure that they issued the travel or identity documents would be the quality that they cannot be abused and easily be forged or unlawfully altered, copied or issue, and b. ensure the party or in the name of travel or identity document integrity and security and prevent illegal manufacture and service. Article 9 – legitimacy and validity of documents a party in accordance with its internal laws at the request of the other party a reasonable period to check the travel or identity document the validity and legality of which the party has issued or has reason to believe that they have been issued on behalf of the parties in respect of which there is a suspicion that they are used for the purposes of trafficking. Title III – measures to protect and promote the rights of victims, guaranteeing gender equality article 10 – identification of the victims 1. each Party shall provide its competent authorities with persons who are trained and qualified in preventing trafficking and fighting and victims, including children, in the identification and provision of assistance, as well as to ensure that the different authorities collaborate with each other and with the relevant support organizations to the victims would be identified in a timely manner taking into account the victims-women's and children's particular situation, and that in appropriate cases the residence permit issued in accordance with article 14 of the Convention. 2. Each Party shall take such legislative and other measures as may be required to, in cooperation with other parties and relevant support organisations to identify the victims. Each Party shall ensure that, if the competent authorities have sufficient reason to believe that the person is a victim of trafficking in human beings, that person can not be moved from its territory until the competent authorities have not completed the article 18 of the Convention in a specific criminal offence the victim identification process and ensured that a person receives article 12 1 and 2 of the assistance provided. 3. If the age of the victim is uncertain and there is reason to believe that the victim is a child, she is considered a child and he/she must provide special protection measures to check his/her age. 4. As soon as an unaccompanied child is left is identified as a victim, each Party shall: a. ensure the representation of the child's legal guardian, organisation or authority which shall act in the best interests of the child; (b) take the necessary measures to ascertain the child's identity and nationality; c. shall make every effort to locate his/her family when this is in the best interests of the child. Article 11 – protection of private life 1 each Party shall protect victims ' private life and identity. The victims ' personal data is stored and used in accordance with the Convention on the protection of individuals with regard to automatic processing of personal data (ETS No. 108). 2. Each Party shall take such measures, in particular to ensure that victims of trafficking-child data or information that allows the identification, she does not openly to the public through the media or any other means, except in case of exceptional circumstances, in order to speed up the clearance of the accounts of family members or otherwise secure the well-being and protection of the child. 3. Any party considering to take measures in order to encourage wide communication to protect victims ' private life and identity with the self-regulatory or re glamentējoš or līdzreglamentējoš measures in accordance with the European Court of human rights for the protection of human rights and fundamental freedoms, article 10 of the Convention. Article 12 – Assistance to victims 1. Each Party shall take such legislative or other measures as may be required to provide assistance to victims in their physical, psychological and social recovery. Such assistance shall include at least: a. a living, someone able to ensure their proper and safe justifying: shelter, psychological and material assistance, (b). access to emergency medical treatment, if necessary-the translation and advocacy services, d. advice and information, in particular those relating to their legitimate rights and available services, in a language which they understand, e. assistance to ensure that they are represented and respected the rights and interests of the relevant criminal proceedings undertaken in stages , f.-access to education for children. 2. each Party shall respect the victim's needs for security and protection. 3. in addition, each Party shall provide victims the necessary medical or other assistance if they have the right to stay legally in its territory, and if they lack the funds, but are in need of such assistance. 4. Each Party shall adopt the rules under which the victim if they have the right to stay legally on its territory, have the right to access to the labour market, to vocational training and education. 5. Any party, where appropriate and in accordance with its internal laws and conditions, take measures to cooperate with non-governmental organisations, other relevant organisations or other elements of civil society engaged in the provision of assistance to victims. 6. Each Party shall take such legislative and other measures as are necessary to ensure that assistance is provided to victims regardless of his/her readiness to be a witness. 7. in order to implement the provisions laid down in this article, each Party shall ensure that the assistance is provided, on the basis of consensus and competence, subject to the condition of vulnerability of persons with special needs and children the right to shelter, education and appropriate health care. Article 13 – Recovery and reflection period 1 any party in its internal law provides at least 30 day recovery and reflection period if the person concerned has reasonable grounds to believe that she is a victim. Such a period is sufficient for a person to recover and recover from the impact of human traders and/or consciously decide on cooperation with the competent authorities. During this period, against a victim cannot be expulsion. This provision is without prejudice to the activities carried out by the competent authorities of one of the stages of national procedures and, in particular, if the investigation and prosecution of criminal offences. During this period the parties allow the parties involved to remain in their territory. 2. During this period, in paragraph 1 of this article, these persons are entitled to article 12 1 and 2, measures referred to in paragraph 1. 3. the parties are not bound to observe this period if public order is threatened or if it is found that victim status has been incorrectly set. 14. Article-residence permit 1. Each Party shall issue a renewable victims residence permits in one or the other or both of the following situations: a. the competent authority considers that their stay is necessary in the country of their own situation, (b) the competent authority considers that their stay in the country is the need for cooperation with the competent authorities in investigation and criminal proceedings. 2. the residence permit to the victims-the children if it legally necessary, shall be issued by the child's best interests and, where appropriate, renewed under the same conditions. 3. non-renewal of the residence permit or revocation of determines the party's internal regulations. 4. If a victim submits an application for another kind of residence permit, related party takes into account the fact that he or she has or has had a residence permit in accordance with paragraph 1. 5. in the light of the obligations of the parties, subject to article 40 of this Convention, each Party shall ensure that granting of a permit according to this provision shall not limit the right to request or use the sanctuary. Article 15 – compensation and legal fees 1. each Party shall ensure that victims, starting from the first contact with the competent authorities, is access to information on relevant court and administrative proceedings in a language which they understand. 2. Each party its internal laws ensure the right of victims to legal aid and free legal assistance in accordance with its internal laws and specific conditions. 3. Any party its internal laws ensure the right of victims to compensation from the offender. 4. Each Party shall take such legislative and other measures as are necessary to guarantee compensation for victims in accordance with its internal laws and conditions, such as the setting up of a compensation fund for the victims or through measures or programmes for victims of social support and social integration and could be financed from funds obtained as defined in article 23 measures. Article 16 – Repatriation and return of victims 1. Party of which a victim is or in which that person has been in permanent residence at the time when it concerned entered the territory of the host Party, taking care of his or her rights, safety and dignity, and without undue or excessive delay accepting his or her return. 2. If a party victims back to the other State, such return shall take place with due care of their rights, safety and dignity, taking into account any legal procedures that are related to the fact that the person is a victim, and it is desirable that this return should be voluntary. 3. at the request of the host Party, the requested Party shall verify whether the person is its national or had the right of permanent residence in its territory at the time when the person concerned entered the territory of the host Party. 4. to facilitate the victim's who do not have the appropriate documents, return, the party of which the person is or where he or she had the right of permanent residence at the time when the person concerned entered the territory of the host Party, endorses the request by the host Party to issue such travel documents or other authorization as may be necessary to allow entry and return to its territory. 5. Each Party shall take such legislative or other measures as are necessary to establish repatriation programmes, involving relevant national and in international institutions and non-governmental organizations. This program aims to avoid a situation in which a person becomes a victim again. Each Party shall make every effort to promote the reintegration into society of the victims in the country in which he is returning, including integration into the education system and the labour market, in particular through skills acquisition and improvement. For children, these programs include the right to education and measures to ensure adequate family or the care under the aegis of institutions or admission. 6. Each Party shall take such legislative and other measures as may be required to make available to victims, where appropriate in cooperation with any other party concerned, contact information for institutions that can provide them with the help of the country to which they have returned or are repatriated, such institutions may have the law enforcement authorities, non-governmental organisations, consulting practitioners and social supply agency. 7. Victims-children were sent back to a country where, following a risk and security assessment there is an indication that such a return will not be in the best interests of the child. Article 17 – gender equality each party's goal, the application of the measures referred to in this section is to promote gender equality and use the integrated approach to the prevention of gender inequality in the development of these measures, implementation and evaluation.
Title IV-the existing criminal law article 18 – criminalisation of trafficking in human beings each Party shall take such legislative and other measures as may be required to classify these in the article 4 of the Convention such activities as criminal offences, when committed intentionally. Article 19 – criminalisation of the use of the services of Victims of any party considering such legislative and other measures as may be required to their internal laws classify as a criminal offence the use of services which are (a) of article 4 of the Convention) sets out the subject matter of life, knowing that the person is a trafficking victim. Article 20-With travel or identity documents the criminalization of activities each Party shall take such legislative and other measures as may be required to classify as criminal offences such acts when committed intentionally and for the purpose of facilitating human trafficking: a. the travel or identity document forgery, obtaining a b or c. the provision of other personal travel or identity document retention , subtraction, collapsing, corruption or destruction. Article 21 – attempt and aiding or instigating 1. Each Party shall take such legislative and other measures as may be required to classify as criminal offences aiding or instigating any of 18 or 20 of this Convention. the criminal offence specified in article, if it's done with intention. 2. Each Party shall take such legislative and other measures as may be required to be classified as criminal offences of attempt to make criminal offences, which are set at 18 and 20 of this Convention. in subparagraph (a)), if it's done with intention. Article 22 – corporate responsibility 1. Each Party shall take such legislative and other measures as are necessary to ensure that a legal person can be called to account for this in the Convention criminal offences, said that made the right of any natural person, acting either individually or as part of the authority of a legal person, who has a leading position in the legal person, based on: a. the representative of a legal person the rights, (b) authority to take decisions on behalf of a legal person c. mandate make, legal person of the management. 2. Any party without a case referred to in paragraph 1 shall take such measures as are necessary to ensure that a legal person can be called to account in the event referred to in paragraph 1 natural persons monitoring or lack of control made it possible for the physical person acting in accordance with the mandate of the legal person, to make this a criminal offence under the Convention for the benefit of the legal person. 3. in accordance with the principles of party liability of the legal person may be criminal, civil or administrative. 4. Such liability shall be without prejudice to the right to also be held criminally liable natural person who committed the criminal offence. Article 23 – sanctions and measures 1 each Party shall take such legislative and other measures as are necessary to ensure that the 18 and 21 above, offences are punishable by effective, proportionate and appropriate sanctions. These sanctions in relation to article 18 of the criminal offences referred to, which made a natural person included in the sanctions, which include deprivation of liberty that can give the basis for expulsion. 2. each Party shall ensure that legal persons responsible in accordance with article 22, subject to effective, proportionate and appropriate criminal or other sanctions or measures, including fines. 3. Each Party shall take such legislative and other measures as are necessary to give the right to confiscate or otherwise deprive the Convention 18 and 20 (a)) the offences referred to in the making of tools and illegally obtained funds or property the value of which corresponds to the following features. 4. Each Party shall take such legislative and other measures as are necessary to give the right to permanently or temporarily close any authority that was used in human beings, without prejudice to third party's bona fide rights or prevent offenders permanently or temporarily take the activities of this offence was committed. Article 24-the responsibility of any party pastiprinošiapstākļ provides that, in determining the penalty for this Convention, referred to in article 18 of the criminal offences, aggravating circumstances are considered in the following circumstances: (a) a criminal offence, deliberately or by criminal negligence has endangered the life of the victim, (b) a criminal offence committed against a child, c. crime, committed by officials in the performance of their duties, (d) a criminal offence committed within the framework of organised groups. Article 25-previous convictions each Party shall take such legislative and other measures to ensure the possibility of taking into account the final judgment of the Court of Justice, adopted by the other party, this Convention when determining the penalty for criminal offences laid down in. Article 26-non-criminal rules any party in accordance with the fundamental principles of the legal system does not provide the ability to impose penalties on victims of trafficking in human beings for their involvement in illegal activities, if they were forced to do so.
Title v – investigation, prosecution and procedural law article 27 – Ex parte and ex officio application 1. each Party shall ensure that the offences defined in the Convention of investigation or prosecution is not dependent on a report or report of the victim, at least when the offence was committed in whole or in part in its territory. 2. each Party shall ensure that victims can submit an application to their home competent authorities for offences committed in the territory of another party. If the authorities have received the petition, is not competent to examine it, they shall immediately forward them to the competent authorities of the party in whose territory the crime was committed. The application is dealt with in accordance with the internal laws, in which the criminal offence was committed. 3. Any party with the legislative or other measures in accordance with its internal laws and conditions provides any group, Charity Foundation, association or non-governmental organization whose goal is the fight against trafficking in human beings or protection of human rights, the possibility to assist and/or support the victim with his or her consent during criminal proceedings concerning article 18 of the Convention in a specific criminal offence. Article 28-the victims, witnesses and individuals who cooperate with law enforcement authorities, protection 1. Each Party shall take such legislative and other measures as are necessary to provide effective and appropriate protection from potential retaliation or intimidation, particularly in the investigation and prosecution of the accused, and thereafter: (a) victims, b. where appropriate-for those who report in article 18 of this Convention set out criminal offences or otherwise cooperate with the investigation or prosecution authorities , c. witnesses who testified about this Convention laid down in article 18 of the criminal offences (d). If necessary-a) and (c)) of the persons referred to family members. 2. Each Party shall take such legislative or other measures as are necessary to ensure and to offer various kinds of protection. These may include physical protection, relocation, replacement of personal documents and assistance in obtaining employment. 3. Victim-child are given special protection measures, taking into account the best interests of the child. 4. Each Party shall take such legislative or other measures as are necessary to ensure that, if necessary, appropriate protection from potential retaliation or intimidation in particular accused at the time of the investigation and prosecution of groups, charitable foundation, association or non-governmental organizations which carry out article 27 paragraph 3 sets out steps. 5. Any party for the implementation of this article, consider the opportunities to enter into contracts or agreements with other countries. Article 29 – specialised authorities and coordinating bodies 1 each Party shall take such legislative and other measures as are necessary to ensure that persons or entities are specialised in combating human trafficking and protect victims. The following people or organizations in accordance with the fundamental principles of the legal system, the parties have the necessary autonomy to carry out their functions effectively and free from any undue pressure. Such persons or their staff have proper training and financial resources for their tasks. 2. each Party shall take such measures as are necessary to ensure that their national regulatory authorities, and other public organizations of the action plan and the coordination of action against trafficking in human beings, where appropriate, through the establishment of coordinating bodies-. 3. each Party shall provide or strengthen training for the officials concerned people to prevent and combat, including the education of human rights. Training can be tailored to the Agency and, where appropriate, to: the following commercial methods of preventing the prosecution of traffickers and protection of the rights of victims, including protecting the victims from marketers. 4. each Party shall consider appointing national rapporteurs or other mechanisms be created to monitor the national authority measures against human trafficking and national legislative implementation. Article 30 – court proceedings in accordance with the Convention for the protection of human rights and fundamental freedoms, and in particular its article 6, each Party shall take such legislative and other measures as are necessary to ensure in the course of judicial proceedings: (a) the privacy of the victims and, if necessary, identity protection, b. victims ' security and protection from intimidation, in accordance with its internal legislation and victims-particularly in the case of children taking care of children's needs and ensuring their right to special protection measures. Article 31 – jurisdiction 1 each Party shall take such legislative and other measures as are necessary to establish jurisdiction over any of this criminal offence referred to in the Convention, if it was committed: a. in its territory, or (b), every vessel flying its flag, or (c) the parties to a registered aircraft. in accordance with the laws and regulations of the party, or (d). If it committed by its nationals or stateless persons with permanent residence in its territory If the offence is punishable under criminal law in the territory where it was committed or if the offence is committed outside the territorial jurisdiction of any State, e. to one of its citizens. 2. Any party at the time when this Convention is signed or filed in storage of its instrument of ratification, acceptance, approval or accession, may submit to the European Council a declaration addressed to the Secretary General, in which it states that it reserves the right not to apply or to apply only in specific cases or conditions the jurisdiction rules laid down in paragraph 1 of this article, d) and (e)) or at any other point. 3. each Party shall take such measures as are necessary to establish jurisdiction over the Convention offences in cases where the alleged offender is situated in its territory and by issuing the request he/she shall not be issued to another party, solely on the basis of his/her citizenship. 4. If more than one party requests the jurisdiction over this crime set out in the Convention, the parties involved, if necessary, consult to determine the most appropriate jurisdiction for prosecution. 5. Without prejudice to the General rules of international law, this Convention does not exclude any criminal jurisdiction implementation, developed by one party in accordance with its internal laws.
Section VI – International co-operation and co-operation with civil society article 32 – General international cooperation principles and measures the Parties shall cooperate with one another in accordance with the provisions of this Convention and the application of the relevant international and regional documents, agreements concluded on the basis of uniform or appropriate legislation and internal laws, to the widest extent possible for the purpose of: – preventing and combating trafficking in human beings,-to protect victims and provide them help -conduct of investigations or criminal proceedings relating to the Convention set out in the criminal acts. Article 33-measures relating to endangered or missing persons 1 went. If the party, on the basis of the information in its possession, there are sufficient grounds to consider that article 28, paragraph 1 of the person's life, freedom or physical integrity is threatened by another party, the party that has this information, in this exceptional case send it without delay the last party to enable it to take appropriate protection measures. 2. A party to this Convention may consider reinforcing mutual cooperation on missing persons, especially children, in search for missing-if the information available suggest that she/he is victim of human trafficking. To this end, the parties with one another may conclude bilateral or multilateral agreements. Article 34 – Information 1 the requested Party shall promptly inform the requesting Party of pursuant to this section, the results of the actions undertaken. The requested Party shall also promptly inform the requesting Party of any circumstances which render impossible the execution of the action required, or significantly delayed. 2. Half of its domestic legislation may, without prior request, forward to another party information obtained within the framework of the investigation, if it considers that the disclosure of such information might assist the receiving party in initiating or carry out investigations or criminal proceedings relating to those laid down in this Convention for the criminal offences or may be the basis for the request for cooperation of the party in accordance with this section. 3. before sending such information, the requesting party may request that the information be kept confidential or used subject to conditions. If the receiving party cannot comply with such a request, it shall inform the requesting party, which shall decide whether information is to be provided. If the receiving party agrees to the use of information in accordance with the provisions of the Act in accordance with them. 4. All information that was requested in connection with the 13, 14 and 16 and the need to ensure that the rights in these articles, be sent without delay to the party concerned, in accordance with article 11 of this Convention. Article 35 – co-operation with civil society each Party shall encourage State authorities and public officials to cooperate with non-governmental organisations, other relevant organisations and members of civil society, to create a strategic partnership in order to achieve the objective of this Convention.
Section VII – Monitoring mechanism article 36 – group of Experts on action against trafficking in human beings 1. Group of experts against trafficking in human beings (hereinafter referred to as "Greta"), shall monitor how parties implement the Convention. 2. Greta consists of a minimum of 10 and a maximum of 15 members, taking into account a gender and geographical balance, as well as a multidisciplinary expertise. Members are elected by the Committee of the parties for 4 years with a one-time extension, choosing between parties to this Convention. 3. elect the members of GRETA, in compliance with the following principles: a. they shall be chosen from persons who are of high morality, known for their expertise in human rights, assistance and protection of victims and of action against trafficking in human beings or having professional experience in the areas covered by this Convention, (b), they occupy an individual item in a group, is an independent and objective of their functions and can perform their duties efficiently c. group, there can be two members from the same country, they represent major d. System. 4. election of the members of GRETA by the procedure of the Committee of Ministers, after consultation of the parties to this Convention and obtaining their unanimous consent, within one year after the entry into force of this Convention. Greta shall adopt its own rules of procedure. Article 37-the Committee of the parties 1. The Committee shall consist of the parties the parties to this Convention, Member States of the Committee of Ministers of the Council of Europe and the representatives of the parties to this Convention which are not Member States of the Council of Europe, representatives. 2. the Committee of the Parties shall be convened by the Secretary-General of the Council of Europe. Its first meeting shall be convened within one year after the entry into force of this Convention for the election of Greta members. Further it shall meet whenever one-third of the parties, the President or the Secretary General Greta requests it. 3. The Committee of the Parties shall adopt its own rules of procedure. Article 38 – procedure 1. Evaluation procedure by the parties to this Convention, is divided into stages; its duration is determined by Greta. At the beginning of each phase Greta chooses the specific provisions on which the evaluation procedure. 2. Greta down the most appropriate evaluation tools. Greta can be created for each stage of your evaluation questionnaire that can serve as the parties to this Convention, the implementation of the evaluation framework. This questionnaire is addressed to all parties. The parties gave their responses to the questionnaire, as well as to other Greta information requests. 3. Greta may request information from civil society. 4. in addition to the Greta may organise country visits, in cooperation with the national authorities and their appointees "contacts" and, if necessary, with the national independent expert assistance. These visits to GRETA can help industry professionals. 5. GRETA shall prepare a draft report containing its analysis concerning the implementation of the provisions on which the evaluation is based, as well as its proposals and recommendations on ways to evaluate the party could solve the problems identified. The draft report sent to the assessed party comment. In preparing the report take account of party Greta comments. 6. On this basis, Greta shall adopt its report and conclusions concerning the measures adopted by the party under the provisions of this Convention. This report and the findings sent to the assessed party and Committee of the parties. Report and conclusions of GRETA the public from the time of their adoption, along with assessing the party's comments. 7. Without prejudice to paragraph 1 and paragraph 6 of the Committee of the parties of the procedure on the basis of GRETA's report and conclusions, adopt recommendations addressed to this party (a)) concerning the measures to be taken to implement the conclusions of GRETA, if necessary setting the time until which the submitted information on their implementation, and (b)) with the objective of promoting co-operation with that party to properly implement this Convention.
Section VIII – relationship with other international instruments article 39 – relationship with the Protocol on trafficking in persons, especially women and children, to prevent, Suppress and punish, supplementing the UN Convention against transnational organised crime this Convention shall not affect the rights and obligations arising from the Protocol on trafficking in persons, especially women and children, to prevent, Suppress and punish the rules supplementing the United Nations Convention against transnational organised crime and to improve the protection and development of the standards contained therein. Article 40 – relationship with other international instruments 1. this Convention shall not affect the rights and obligations under other international instruments, which the parties are or become parties to this Convention and which contain provisions on matters under this Convention, and to ensure greater protection and assistance for trafficking victims. 2. the parties to the Convention to one another may conclude bilateral or multilateral agreements on the issues in this Convention, with the aim of supplementing or strengthening its provisions or facilitating the application of the principles contained therein. 3. Without prejudice to the object and purpose of the Convention and its full application with other parties, parties that are Member States of the European Union, in their mutual relations, apply Community and European Union rules in so far as community and European Union rules governing the matter in question is applicable in the particular case. 4. Nothing in this Convention do not touch, and individual national rights, obligations and responsibilities under international law, including international humanitarian law, international human rights and, in particular, the 1951 Convention and the 1967 Protocol on the status of refugees and the principle of non-refoulement contained therein.
Title IX – amendments to the Convention article 41 – amendments 1 any proposals for amendments to the Convention, a party shall submit to the Secretary-General of the Council of Europe, who shall notify the Member States of the Council of Europe, all signatories to the Convention, all States parties, the European Community, all those countries that have been invited to sign this Convention in accordance with the provisions of article 42 and to all those countries that have been invited to accede to this Convention in accordance with the provisions of article 43. 2. any amendment proposed by a party shall be informed of the Greta, the Committee of Ministers its opinion on that proposed amendment. 3. The Committee of Ministers shall examine the proposals for amendments and Greta opinion of and in consultation with the parties to this Convention and obtaining their unanimous consent, may adopt the amendment. 4. any amendment to the text that has been adopted by the Committee of Ministers in accordance with paragraph 3 of this article, is sent to the parties for acceptance. 5. any amendment accepted in accordance with paragraph 3 of this article, shall enter into force on the first day of the month following that in which the period of one month from the date when all parties have notified the Secretary-General of their acceptance of this amendment.
Title x-final provisions article 42 – signature and entry into force 1 this Convention shall be open for signature by Member States of the Council of Europe countries which are not Member States of the Council of Europe, but have participated in the elaboration of this Convention, and the European Community. 2. This Convention shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be submitted to the Secretary-General of the Council of Europe. 3. this Convention shall enter into force on the first day of the month following the period of three months from the date on which the ten signatories to the Convention, at least eight of which are Member States of the Council of Europe, in accordance with the preceding paragraph the rules have confirmed their agreement to be bound by the obligations laid down in the Convention. 4. Any other country referred to in paragraph 1, or the European Community which have confirmed their agreement to be bound by the obligations laid down in this Convention at a later date, the Convention shall enter into force on the first day of the month following the period of three months from the date on which it is deposited an instrument of ratification, acceptance or approval. Article 43 – accession to the Convention 1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe, after consulting the parties to this Convention and obtaining their unanimous consent, with the decision taken by the Council of Europe Statute, laid down in article 20 d of the majority and with the national representatives to the Convention, unanimous vote, which are entitled to participate in the Committee of Ministers may invite any State not a member of the Council of Europe and the development of the Convention have not participated to accede to this Convention. 2. for each State acceding to this Convention, it shall enter into force on the first day of the month following the period of three months from the date on which that State has submitted to the Secretary-General of the Council of Europe, of its instrument of accession. Article 44 – territorial application 1 any State or the European Community when signing this Convention or depositing its instrument of ratification be submitted, acceptance, approval or accession, may specify the territory or territories to which this Convention shall apply. 2. either party may at any time submit to the European Council a declaration addressed to the Secretary General, in which it states that extend the application of this Convention the territory specified in the Declaration, and the international relations of which it is responsible or on whose behalf it is authorized to enter into commitments. In this territory the Convention shall enter into force on the first day of the month following the period of three months from the date on which the Secretary-General has received the following statement. 3. any declaration made under the two preceding paragraphs of article of any territory specified in the Declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. Withdrawal shall take effect on the first day of the month following the period of three months from the date on which the Secretary-General has received the following statement. 45.-reservations no reservations can not be made in respect of any of the provisions of this Convention, with the exception of article 31. Article 46 – denunciation 1 any party may at any time denounce the Convention by means of a notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall take effect on the first day of the month following the period of three months from the date on which the Secretary-General has received the following statement. Article 47 – notification the Secretary General of the Council of Europe shall notify the Member States of the Council of Europe, all the signatory States, the European Community, any State invited to sign this Convention in accordance with the provisions of article 42 and to any State invited to accede to this Convention in accordance with the provisions of article 43 of: a. each State that signed this Convention, (b) each deposit of an instrument of ratification, acceptance, approval or accession deposited c. any date when the Convention enters into force in accordance with its article 42 and 43. each amendment, d., adopted in accordance with article 41 and the date on which the amendment enters into force, e., performed each denunciation by the provisions of article 46 (f). with this Convention every other activity, statement or information, (g). the reservation made under article 45.