Provisions On The Procedures For Victims Of Trafficking Receive Social Rehabilitation Services, And The Criteria For The Recognition Of The Person As Victims Of Trafficking

Original Language Title: Noteikumi par kārtību, kādā cilvēku tirdzniecības upuri saņem sociālās rehabilitācijas pakalpojumus, un kritērijiem personas atzīšanai par cilvēku tirdzniecības upuri

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/147113

Cabinet of Ministers Regulations No. 889 in Riga 2006 (31 October. No 56 26. §) rules about the order in which victims of trafficking receive social rehabilitation services, and the criteria for the recognition of persons victims of trafficking Issued in accordance with the social services and social assistance law article 3, second subparagraph, and article 13, first paragraph, point 7 i. General questions 1. determines the order in which the persons recognized as victims of trafficking (hereinafter person) receives social rehabilitation services for State budget funds (hereinafter referred to as services) and criteria for the recognition of the person as victims of trafficking.
2. The social services Board (hereinafter called the Government). Governance: 2.1 decision on the provision of services or the refusal to provide services;
2.2. the contract with the service provider for the provision of services, as well as the controls that the performance of the contract and the amount of services provided compliance with the contract concluded;
2.3. control of quality of the services provided;
2.4. types of services provided by the database;
2.5. inform public bodies, law enforcement agencies, social services, medical authorities and other bodies on the mystery going person opportunities to receive services on the State budget.
3. Services provided by a service provider established in the social service providers register and comply with the law on social service providers requirements (hereinafter referred to as service provider).
4. in the course of service person is not longer than six months.
II. The order in which services are provided for persons 5. A Person may receive services based on the following documents: 5.1 persons or the legal representative of an application service provider to you;
5.2. the criminal proceedings a decision of a person recognised as a victim of human trafficking in the criminal proceedings, or defence institutions statement, that person has suffered trafficking in a foreign country, person or service provider assessment protocol (annex 1), which sets out the person's compliance with the victims of human trafficking.
6. the service provider, taking account of the status of the person concerned, shall: 6.1. personal accept or its legal representative a written application;
6.2. If the person is the subject of this rule 5.2. criminal proceedings referred to in the decision or law enforcement authorities, one of the working days in a statement send to the administration of these documents and these provisions the application referred to in point 5.1.;
6.3. If the person has not served this rule 5.2. criminal proceedings referred to in the decision or law enforcement authorities a certificate immediately, but not later than within three working days of persons assessed compliance with the victims of trafficking in accordance with the criteria of point 8 of these regulations, as well as taking account of annex 2 and draw up a personal assessment protocol;
6.4. If the person meets the criteria for victims of trafficking, within three working days after the assessment of the person sent the Board a person's evaluation of the Protocol, as well as proposals for a person to the service and these terms 5.1. submission referred to the bottom;
6.5. If the person does not meet the criteria of the victims of trafficking, within 10 working days after the assessment of the person sent the Board a person's evaluation of the Protocol, the basis for the estimates and the rules referred to in point 5.1.
7. in order to assess the conformity of persons trafficked criteria, the service provider creates a specialist Commission (hereinafter the Commission). The Commission shall include social workers, psychologists, lawyers, medical person, State police officials, as well as, where appropriate, other experts.
8. the Commission acknowledges the person for victims of trafficking where a person: 8.1. was sophisticated, transported, placed or received, kidnapped or sold, or on arrival at the destination country, was forced to take another job, rather than the previously expected or promised;
8.2. owed to his employer and was collected from her share of the income or personal free will could not leave the occupation or change jobs, or were deprived of her identification documents, or forced sexual services had to be provided as part of the job, or was employed against your will, or if the person had to work more than a certain number of hours a week, or work site were monitored to make the impossible escape, or was dependent on his employer's family, family, work, rent, debt;
8.3. not directly felt in danger, as I see the violence is carried out against the others, or the person was denied the satisfaction of human needs, is there noticeable signs of physical violence, the person has suffered from violence in advance or was frightened and was threaten with reprisals if they will contact the police or will for help in another institution, or with reprisals if they try to flee or return to the country of origin or was threatening to settle with the family and relatives of the person if the person running away, or threaten with deportation or reporting to the relevant authorities if a person tries to flee;
8.4. were kept in prison and hidden from the surrounding environment and contact with other people or be permanently controlled, or outside the work place could stay for only the representatives of the employer.
9. The Commission, after the evaluation of the person pursuant to annex 1 of these rules draw up a protocol. The Protocol, taking into account the provisions of paragraph 8 of these conditions, the reasonably indicates whether the person meets the criteria for victims of trafficking.
10. The Board shall promptly, but not later than three working days: 10.1. based on this rule 5.2. criminal proceedings referred to in the decision of the promoters or law enforcement bodies and the submission of the certificate, shall take a decision on the provision of services to the person or the person's admission to a recipient in a line.
10.2. assess service provider the documents submitted, the application of the person and the person's assessment protocol – and take a decision on the provision of services to the person, the person's admission to a recipient in a row or a refusal to provide services to the person.
11. The provision of the services shall be refused in the following cases: 11.1 a person does not meet the criteria of the victims of trafficking;
11.2. the party submitted any service you need mo;

11.3. the services required during the year.
12. The provision of the services shall be terminated in the following cases: 12.1. personal services received, on the basis of false information provided;
12.2. the person or the legal representative shall submit a written request for termination of services;
12.3. a person does not comply with or violates this rule 14.1. the requirements referred to in subparagraph a;
12.4. the end of the person's service specified course.
13. to provide services if the person health condition requires treatment medical institution. After personal treatment medical institution services resume.
14. A Person has the responsibility to: 14.1. to contribute to the service provider's implementation of the plan of rehabilitation, as well as to respect the established procedure of the service provider;
14.2. to pay the wrongfully used funds that rule 12.1. in the case referred to in subparagraph.
15. a party or its legal representative have the right to lawfully submit service provider and management of proposals and objections with regard to the quality of the service received.
16. the decision on the refusal of the Government to provide services for a person may appeal to the Court within one month of the date of entry into force of the decision.
III. Closing questions 17. Be declared unenforceable in the Cabinet of Ministers of 22 November 2005 Regulation No 882 "rules about the order in which victims of trafficking receive social rehabilitation services and requirements for social rehabilitation service providers" (Latvian journal, 2005, nr. 189).
18. Regulations shall enter into force by 1 January 2007.
Prime Minister a. Halloween instead of Minister of Welfare, Minister of the environment r. vējonis Editorial Note: regulations shall enter into force by 1 January 2007.
 
  
1.pielikums
Ministru kabineta
2006.gada 31.oktobra noteikumiem Nr.889
Personas novērtēšanas protokols
  
1. Personas
vārds
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uzvārds
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personas kods
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2. Migrācija
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3. Nodarbinātība
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4. Drošība
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5. Objektīvās pazīmes
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6. Sociālās saites
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Novērtējums
Persona atbilst/neatbilst (vajadzīgo pasvītrot) cilvēku tirdzniecības upura kritērijiem.
 
 
Expert Commission _____ _____ _____ _____ _____ (signature and transcript) _____ _____ _____ _____ _____ (signature and transcript) _____ _____ _____ _____ _____ (signature and transcript) _____ _____ _____ _____ _____ (signature and transcript) Person/legal representative _____ _____ _____ _____ _____ (signature and transcript) date ___ ____ ___ _____ ___ Welfare Minister-Minister for the environment r. vējonis annex 2 Cabinet of 31 October 2006, the Regulation No 889 criteria for recognition of the person of the victims of trafficking to determine the person's compliance with the criteria of the victims of trafficking, the Commission of experts identify a person's actions and assess the person's activities in the following areas : 1. the migration. The Commission shall establish whether the person (person): 1.1 went abroad (or other regions) or targeted job boards;
1.2. were sophisticated;
1.3. was transferred;
1.4. were transferred or received;

1.5. were kidnapped or sold;
1.6. on arrival in the destination country, was forced to take another job, rather than the previously expected or promised;
1.7. an identification document;
1.8. are forged documents;
1.9. no document (or they have to others);
1.10. know the address where it stayed and worked;
1.11. know your employer's name;
1.12 was legal immigration status;
1.13. had a work permit;
1.14. the preparation and travel document presentation organized by the other person and what was that person.
 
2. employment. The Commission shall establish whether the person (person): 2.1 owed his employer and she was part of the income collected (such as housing, food, transport);
2.2. was the contract of employment and what it entailed;
2.3. free will could leave the occupation or change jobs;
2.4. identification documents was subtracted;
2.5. the forced had to provide sexual services as part of the job duties;
2.6. was employed against your will;
2.7. could freely dispose of his income;
2.8. had to work more than a certain number of hours a week and what were working conditions (including pay and hours of work);
2.9. the site was monitored (guarded, CCTV cameras, dogs, closed door) to make it impossible to escape;
2.10. depends on your employer's family, family, work, rent, debt.
 
3. safety and security. The Commission shall establish whether the person (person): 3.1 was appalled and was threatening her: 3.1.1 with reprisals if they will contact the police or will for help in another institution;
3.1.2. with reprisals if they try to flee or return to their country of origin;
3.1.3. the assault will take place with the person's family and relatives if the person running away;
3.1.4. the deportation or reporting to the relevant authorities if a person tries to flee;
3.2. felt a threat not just to see how the violence is carried out against the other;
3.3. There are no signs of physical abuse or the person has suffered from violence;
3.4. denied meeting human needs, that is, a person was kept without water, food, sleep, medical care or opportunities to meet other basic needs.
 
4. social links. The Commission shall establish whether the person: 4.1 was his free time picker;
4.2. were kept in prison and hidden from the surrounding environment, as well as whether the person was denied contact with other people;
4.3. were constantly monitored;
4.4. was free to contact your relatives and friends (e.g., call, write);
4.5 might ask friends to visit;
4.6. reside in the work place;
4.7. outside the work place could stay for only the representatives of the employer.
 
5. Objective features. The Commission shall establish whether the person (person): 5.1 know foreign languages;
5.2. are your finances;
5.3. on the body is visible in the strong physical stress or physical effects;
5.4. the questions answered reluctantly and/or use the pre-written, learn the answers.
 
6. personal self-assessment. The Commission shall establish whether the person believes that: 6.1 has been directed against her abuse;
6.2. have become victims of trafficking;
6.3. it needs help and if there is, what kind of help;
6.4. is ready to cooperate in the implementation of rehabilitation plans.
Welfare Minister, the Minister for the environment r. vējonis