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RS 0.311.543 Convention of 16 May 2005 on Action against Trafficking in Human Beings

Original Language Title: RS 0.311.543 Convention du 16 mai 2005 sur la lutte contre la traite des ĂȘtres humains

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0.311.543

Original text

Convention on Action against Trafficking in Human Beings

Cited in Warsaw on 16 May 2005

Approved by the Federal Assembly on 23 December 2011 1

Instrument of ratification deposited by Switzerland on 17 December 2012

Entry into force for Switzerland on 1 Er April 2013

(Status on 9 March 2016)

Preamble

The member States of the Council of Europe and the other Signatories to this Convention,

Whereas the aim of the Council of Europe is to achieve a closer union among its members;

Whereas trafficking in human beings constitutes a violation of human rights and a violation of the dignity and integrity of the human being;

Whereas trafficking in human beings can lead to a situation of slavery for victims;

Whereas respect for the rights of victims and their protection, as well as the fight against trafficking in human beings, must be the primary objectives

Whereas any action or initiative in the field of combating trafficking in human beings must be non-discriminatory and take account of equality between women and men, as well as a rights-based approach The child;

Recalling the declarations of the Ministers of Foreign Affairs of the Member States during the 112th (14 and 15 May 2003) and 114th (12 and 13 May 2004) Sessions of the Committee of Ministers, calling for enhanced action by the Council of Europe in the field of Human trafficking;

Bearing in mind the Convention for the Protection of Human Rights and Fundamental Freedoms (1950) 1 And its Protocols;

Bearing in mind the following recommendations of the Committee of Ministers to member states of the Council of Europe: Recommendation No. O R (91) 11 on sexual exploitation, pornography, prostitution and trafficking in children and young adults; Recommendation No. O R (97) 13 on witness intimidation and defence rights; Recommendation No. O R (2000) 11 on combating trafficking in human beings for the purpose of sexual exploitation; Recommendation Rec (2001) 16 on the protection of children against sexual exploitation; Recommendation Rec (2002) 5 on the protection of women against sexual exploitation Violence;

Bearing in mind the following recommendations of the Parliamentary Assembly of the Council of Europe: 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) campaign against trafficking in women; Recommendation 1610 (2003) migration related to trafficking in women and prostitution; Recommendation 1611 (2003) trafficking in organs In Europe; Recommendation 1663 (2004) domestic slavery: servitude, persons in the Matched and mail-order brides;

Bearing in mind the Council of the European Union Framework Decision of 19 July 2002 on the fight against trafficking in human beings; the Framework Decision of the Council of the European Union of 15 March 2001 on the status of victims in the Framework for criminal proceedings and the Council of the European Union Directive of 29 April 2004 on residence permits issued to nationals of third countries who are victims of trafficking in human beings or have been the subject of assistance to Illegal immigration and who cooperate with the competent authorities;

Taking due account of the United Nations Convention against Transnational Organized Crime 2 And its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children 3 , in order to strengthen the protection provided by these instruments and to develop the standards they set out;

Taking due account of other relevant international legal instruments in the field of combating trafficking in human beings;

Taking into account the need to develop a comprehensive international legal instrument that focuses on the human rights of victims of trafficking and establishes a specific monitoring mechanism,

Agreed to the following:


Chapter I Subject matter, scope, principle of non-discrimination and definitions

Art. 1 Purpose of the Convention

1 The purpose of this Convention is:

(a)
To prevent and combat trafficking in human beings, ensuring equality between women and men;
(b)
To protect the human rights of the victims of trafficking, to devise a comprehensive framework for the protection and assistance of victims and witnesses, to ensure equality between women and men, and to ensure investigations and Effective prosecution;
(c)
Promote international cooperation in the fight against trafficking in human beings.

2 In order to ensure the effective implementation of its provisions by the Parties, this Convention establishes a specific monitoring mechanism.

Art. 2 Scope of application

This Convention applies to all forms of trafficking in human beings, whether national or transnational and linked or not to organised crime.

Art. 3 Principle of non-discrimination

The implementation of this Convention by the Parties, in particular the enjoyment of measures to protect and promote the rights of victims, shall be ensured without discrimination of any kind, based inter alia on sex, race, colour, Language, religion, political or any other opinion, national or social origin, belonging to a national minority, wealth, birth or any other situation.

Art. 4 Definitions

For the purposes of this Convention:

(a)
The term "trafficking in human beings" refers to the recruitment, transport, transfer, accommodation or reception of persons, by the threat of use or the use of force or other forms of coercion, by abduction, fraud, deception, Abuse of authority or a situation of vulnerability, or through the provision or acceptance of payments or benefits to obtain the consent of a person having authority over another for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organelles;
(b)
The consent of a victim of "trafficking in human beings" to the proposed operation, as set out in paragraph (a) of this section, is irrelevant where any of the means set out in paragraph (a) has been used;
(c)
The recruitment, transport, transfer, accommodation or reception of a child for the purpose of exploitation shall be considered as "trafficking in human beings" even if they do not use any of the means set out in paragraph (a) of this Article;
(d)
The term "child" means any person under the age of eighteen years;
(e)
The term "victim" means any natural person who is subject to trafficking in human beings as defined in this Article.

Chapter II Prevention, cooperation and other measures

Art. 5 Prevention of trafficking in human beings

1 Each Party shall take measures to establish or strengthen national coordination between the various bodies responsible for preventing and combating trafficking in human beings.

2 Each Party shall establish and/or support effective policies and programmes in order to prevent trafficking in human beings by means such as: research; information, awareness and education campaigns; social initiatives; Economic and training programmes, in particular for persons vulnerable to trafficking and professionals affected by trafficking in human beings.

3 Each Party shall promote a human rights-based approach and use the gender mainstreaming approach, as well as a child-friendly approach to development, implementation and The evaluation of all policies and programs referred to in subs. 2.

4 Each Party shall take the appropriate measures which are necessary in order to ensure that migration is carried out in a legal manner, including through the dissemination of accurate information by the services concerned, on the conditions for entry And the legal stay in its territory.

5 Each Party shall take specific measures to reduce the vulnerability of children to trafficking, in particular by creating a protective environment for children.

6 The measures established in accordance with this Article shall involve, where appropriate, non-governmental organisations, other competent organisations and other elements of civil society committed to the prevention of trafficking in persons Human rights, protection or assistance to victims.

Art. 6 Measures to discourage demand

In order to discourage demand which favours all forms of exploitation of persons, in particular women and children, leading to trafficking, each Party shall adopt or strengthen legislative, administrative, educational and social measures, Cultural or other, including:

(a)
Research on best practices, methods and strategies;
(b)
Measures to raise awareness of the responsibility and important role of the media and civil society in identifying demand as one of the root causes of trafficking in human beings;
(c)
Targeted information campaigns, involving, where appropriate, among others, public authorities and policy-makers;
(d)
Preventive measures, including educational programmes for girls and boys during their education, which highlight the unacceptable nature of discrimination on grounds of sex, and its adverse consequences, the importance of Equality between women and men, and the dignity and integrity of every human being.
Art. 7 Border Measures

1 Without prejudice to international commitments on the free movement of persons, the Parties shall, to the extent possible, strengthen the border controls necessary to prevent and detect trafficking in human beings.

2 Each Party shall adopt such legislative or other measures as may be appropriate to prevent, as far as possible, the use of means of transport operated by commercial carriers for the commission of offences established in accordance with the Present Convention.

3 Where applicable, and without prejudice to applicable international conventions, such measures shall include, inter alia, providing for the obligation of commercial carriers, including any transport company or owner or operator of a Any means of transport, to verify that all passengers are in possession of the travel documents required for entry into the receiving State.

4 Each Party shall take the necessary measures, in accordance with its domestic law, to impose sanctions on the obligation set out in par. 3 of this article.

5 Each Party shall adopt such legislative or other measures as may be necessary to enable, in accordance with its domestic law, to refuse entry of persons involved in the commission of offences established in accordance with this Convention or Cancel their visa.

6 The Parties shall strengthen cooperation between their border control services, including through the establishment and maintenance of direct channels of communication.

Art. 8 Security and control of documents

Each Party shall take the necessary measures,

(a)
To ensure that the travel or identity documents it issues are of such quality that they cannot be easily used or falsified or altered, reproduced or unlawfully issued; and
(b)
To ensure the integrity and security of travel or identity documents issued by or on its behalf and to prevent the unlawful creation and issuance of such documents.
Art. Legitimacy and validity of documents

At the request of another Party, a Party shall, in accordance with its domestic law and within a reasonable period of time, verify the legitimacy and validity of travel or identity documents issued or alleged to have been issued on its behalf and suspected of They are used for trafficking in human beings.

Chapter III Measures to protect and promote the rights of victims by ensuring equality between women and men

Art. 10 Identification of victims

1 Each Party shall ensure that its competent authorities have trained and qualified persons in the prevention and combating of trafficking in human beings and in the identification and support of victims, in particular children And that the various authorities concerned cooperate with each other and with organisations with a supporting role, in order to identify victims in a process taking into account the specific situation of women and Child victims and, in appropriate cases, to issue residence permits according to the Conditions of art. 14 of this Convention.

2 Each Party shall adopt such legislative or other measures as may be necessary to identify victims, as appropriate, in collaboration with other Parties and with organizations with a supporting role. Each Party shall ensure that, if the competent authorities consider that there are reasonable grounds to believe that a person has been the victim of trafficking in human beings, it shall not be removed from its territory until the end of the process Identification as a victim of the offence under s. 18 of this Convention by the competent authorities and shall enjoy the assistance provided for in Art. 12, para. 1 and 2.

3 In the event of uncertainty about the age of the victim and where there is reason to believe that she is a child, she is presumed to be a child and is given specific protective measures in the expectation that his age will be verified.

4 As soon as a child is identified as a victim and unaccompanied, each Party shall:

(a)
Provides for its representation through legal guardianship, an organisation or an authority responsible for acting in accordance with its best interests;
(b)
Takes the necessary measures to establish his or her identity and nationality;
(c)
Makes every effort to find the family when it is in the best interests of the family.
Art. 11 Protection of privacy

1 Each Party shall protect the privacy and identity of victims. The personal data concerning them shall be recorded and used in accordance with the conditions laid down in the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS n O 108).

2 In particular, each Party shall adopt measures to ensure that identity, or identification, of a child victim of trafficking is not made public, whether by the media or by other means, except Exceptional circumstances in order to enable the recovery of family members of the child or otherwise ensure the child's welfare and protection.

3 Each Party shall consider taking, in accordance with s. 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the European Court of Human Rights, measures to encourage the media to safeguard the privacy and identity of victims, to Through self-regulation or through regulatory or co-regulation measures.

Art. 12 Assistance to victims

1 Each Party shall take the necessary legislative or other measures to assist victims in their physical, psychological and social recovery. Such assistance shall include at least:

(a)
Living conditions that can ensure their livelihood, through measures such as adequate and safe accommodation, psychological and material assistance;
(b)
Access to emergency medical care;
(c)
Assistance in translation and interpretation, where applicable;
(d)
Advice and information, including the rights that the law recognizes, as well as the services available to them, in a language they may understand;
(e)
Assistance to ensure that their rights and interests are presented and taken into account in the appropriate stages of criminal proceedings against offenders;
(f)
Access to education for children.

2 Each Party shall take due account of the security and protection needs of victims.

3 In addition, each Party shall provide the necessary medical assistance or any other type of assistance to victims lawfully residing on its territory who do not have adequate resources and need them.

4 Each Party shall adopt the rules by which victims lawfully resident in its territory are allowed access to the labour market, vocational training and education.

5 Each Party shall take measures, where appropriate and under its domestic law, in order to cooperate with non-governmental organizations, other relevant organizations or other elements of civil society engaged in Assistance to victims.

6 Each Party shall adopt such legislative or other measures as may be necessary to ensure that assistance to a victim is not subject to his or her willingness to testify.

7 For the implementation of the provisions of this Article, each Party shall ensure that services are provided on a consensual and informed basis, taking due account of the specific needs of persons in vulnerable situations and Children's rights in accommodation, education and adequate care.

Art. 13 Recovery and reflection period

1 Each Party shall provide in its domestic law for a period of recovery and reflection of at least 30 days when there are reasonable grounds to believe that the person concerned is a victim. This period must be of sufficient duration so that the person concerned can recover and escape the influence of the traffickers and/or, knowingly, make a decision on his cooperation with the competent authorities. During this period, no removal orders can be enforced against him. This provision shall be without prejudice to the activities carried out by the competent authorities in each phase of the applicable national procedure, in particular during the investigation and prosecution of the offences concerned. During this period, the Parties shall allow the person concerned to stay in their territory.

2 During this period, the persons referred to in s. 1 of this Article shall be entitled to the benefit of the measures provided for in Art. 12, para. 1 and 2.

3 The Parties are not required to respect this period for reasons of public order, or where it appears that the quality of the victim is being invoked improperly.

Art. 14 Residence Permit

1 Each Party shall issue a renewable residence permit to the victims, either in either of the following two assumptions:

(a)
The competent authority considers that their stay is necessary because of their personal circumstances;
(b)
The competent authority considers that their stay is necessary because of their cooperation with the competent authorities for the purpose of an investigation or criminal procedure.

2 Where it is legally necessary, the residence permit for child victims shall be issued in accordance with their best interests and, if necessary, renewed under the same conditions.

3 The non-renewal or withdrawal of a residence permit shall be subject to the conditions laid down in the domestic law of the Party.

4 If a victim files an application for a residence permit from another category, the Party concerned shall take into account the fact that the victim has received or is entitled to a residence permit under subs. 1.

5 Having regard to the obligations of the Parties referred to in Art. 40 of this Convention, each Party shall ensure that the issuance of a permit, in accordance with this provision, is without prejudice to the right to seek and benefit from asylum.

Art. 15 Compensation and redress

1 Each Party shall guarantee to victims, from their first contact with the competent authorities, access to information on the relevant judicial and administrative proceedings in a language which they may understand.

2 Each Party shall provide, in its domestic law, the right to the assistance of a defender and free legal assistance for the victims, in accordance with the conditions laid down in its domestic law.

3 Each Party shall provide, in its domestic law, for the right of victims to be compensated by the perpetrators of offences.

4 Each Party shall adopt such legislative or other measures as may be necessary to ensure that compensation for victims is guaranteed under the conditions laid down in its domestic law, for example through the establishment of a fund for compensation Victims or other measures or programmes intended for the social assistance and integration of victims that could be financed by assets derived from the application of the measures provided for in Art. 23.

Art. 16 Repatriation and return of victims

1 The Party of which a victim is a national or in which she has the right to reside permanently at the time of entry into the territory of the receiving Party shall facilitate and accept, taking due account of rights, security and The dignity of the person, the return of the person without undue or unreasonable delay.

2 Where a Party refers a victim to another State, that return shall be provided with due regard to the rights, security and dignity of the person and the status of any legal proceedings related to the fact that the person is a victim and is Voluntary preference.

3 At the request of a host Party, a requested Party shall ascertain whether a person is his national or has the right to reside permanently in his territory at the time of entry into the territory of the receiving Party.

4 In order to facilitate the return of a victim who does not possess the required documents, the Party of which that person is a national or in which the person has the right to reside permanently at the time of entry into the territory of the Party Agrees to issue, at the request of the host Party, the travel documents or any other authorization necessary to allow the person to surrender and be readmitted to the territory of the host Party.

5 Each Party shall take the necessary legislative or other measures to establish repatriation programmes with the participation of national or international institutions and relevant non-governmental organizations. These programs are designed to prevent re-victimization. Each Party should make every effort to promote the reintegration of victims into the society of the return State, including reintegration into the education system and the labour market, including through the acquisition and improvement of Professional skills. As far as children are concerned, these programmes should include the enjoyment of the right to education, as well as measures to ensure that they are provided with adequate care or care by their families or host structures Appropriate.

6 Each Party shall take such legislative or other measures as may be necessary to make available to victims, where appropriate in collaboration with any Party concerned, information on the bodies likely to assist them in the country in which the victims Victims are returned or repatriated, such as law enforcement agencies, non-governmental organizations, legal professions that can provide advice and social agencies.

7 Child victims are not repatriated to a State, if, following an assessment of risks and safety, it appears that the return is not in the best interests of the child.

Art. 17 Equality between women and men

In applying the measures provided for in this Chapter, each Party shall seek to promote equality between women and men and shall use the integrated approach to equality in the development, implementation and evaluation of such measures.

Chapter IV Substantive criminal law

Art. 18 Criminalization of trafficking in human beings

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the acts set out in Art. 4 of this Convention, when committed intentionally.

Art. 19 Criminalization of the use of victim services

Each Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, in accordance with its domestic law, the use of the services which are the subject of the exploitation referred to in Art. 4 para. Has this Convention, knowing that the person concerned is the victim of trafficking in human beings.

Art. Criminalization of acts relating to travel or identity documents

Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following acts when committed intentionally in order to allow trafficking in human beings:

(a)
Make a fraudulent travel or identity document
(b)
Provide or provide such a document;
(c)
Retain, subtract, alter, damage or destroy a travel or identity document of another person.
Art. Complicity and Attempt

1 Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences any complicity when committed intentionally for the commission of one of the offences established pursuant to the Art. 18 and 20 of this Convention.

2 Each Party shall adopt such legislative and other measures as may be necessary to establish as a criminal offence any wilful attempt to commit any of the offences established pursuant to s. 18 and 20, para. a, of this Convention.

Art. Liability of legal persons

1 Each Party shall adopt such legislative and other measures as may be necessary to ensure that legal persons may be held liable for offences established pursuant to this Convention when they are Committed on their behalf by any natural person, acting either individually or as a member of a body of the legal person, who exercises executive power within the body, on the following bases:

(a)
A power of representation of the corporation;
(b)
An authority to make decisions on behalf of the corporation;
(c)
An authority to exercise control within the corporation.

2 In addition to the cases already provided for in s. 1, each Party shall adopt the measures necessary to ensure that a legal person may be held liable where the absence of supervision or control by a natural person referred to in s. 1 has made possible the commission of an offence established in accordance with this Convention on behalf of that legal person by a natural person acting under its authority.

3 According to the legal principles of the Party, the liability of a legal person may be criminal, civil or administrative.

4 Such liability shall be established without prejudice to the criminal liability of the natural persons who have committed the offence.

Art. Sanctions and measures

1 Each Party shall adopt such legislative and other measures as may be necessary to ensure that criminal offences established pursuant to s. 18 to 21 are punishable by effective, proportionate and dissuasive sanctions. These include, for offences established in accordance with s. 18 when committed by natural persons, with deprivation of liberty that may give rise to extradition.

2 Each Party shall ensure that legal persons held responsible pursuant to s. 22 are subject to effective, proportionate and dissuasive criminal or non-criminal sanctions or measures, including monetary penalties.

3 Each Party shall adopt such legislative and other measures as may be necessary to enable it to confiscate or otherwise deprive the instruments and proceeds of criminal offences established under Art. 18 and 20, by. A, of this Convention, or property whose value corresponds to those goods.

4 Each Party shall adopt such legislative or other measures as may be necessary to permit the temporary or permanent closure of any establishment used to commit trafficking in human beings, without prejudice to the rights of third parties In good faith, or to prohibit the author of this offence, on a temporary or definitive basis, from the exercise of the activity on the occasion of which it was committed.

Art. 24 Aggravating circumstances

Each Party shall ensure that the following circumstances are considered aggravating circumstances in determining the sanction applied to offences established pursuant to s. 18 of this Convention:

(a)
The offence has endangered the life of the victim deliberately or by serious negligence;
(b)
The offence was committed against a child;
(c)
The offence was committed by a public official in the performance of his or her duties;
(d)
The offence was committed in the course of a criminal organization.
Art. 25 Previous convictions

Each Party shall adopt legislative and other measures to provide for the possibility of taking into account, in the context of the assessment of the sentence, the final convictions handed down in another Party for offences established In accordance with this Convention.

Art. 26 Non-sanction provision

Each Party shall provide, in accordance with the fundamental principles of its legal system, the possibility of not imposing sanctions on victims for taking part in unlawful activities where they have been forced to do so.

Chapter V Investigation, prosecution and procedural law

Art. 27 Ex parte and ex officio applications

1 Each Party shall ensure that investigations or prosecutions of offences established in accordance with this Convention are not subject to the reporting or prosecution of a victim, at least when the offence has been committed Committed, in whole or in part, on its territory.

2 Each Party shall ensure that victims of an offence committed in the territory of a Party other than that in which they reside may lodge a complaint with the competent authorities of their State of residence. The competent authority to which the complaint has been lodged, to the extent that it does not itself exercise its jurisdiction in that regard, shall forward it without delay to the competent authority of the Party in whose territory the infringement has been Committed. This complaint is dealt with under the domestic law of the Party where the offence was committed.

3 Each Party shall ensure, by means of legislative or other measures, the conditions provided for in its domestic law, to groups, foundations, associations or non-governmental organizations whose purpose is to combat trafficking in human beings Or to protect human rights, the possibility of assisting and/or supporting the victim who consents in the course of criminal proceedings concerning the offence established in accordance with Art. 18 of this Convention.

Art. 28 Protection of victims, witnesses and persons collaborating with judicial authorities

1 Each Party shall adopt such legislative or other measures as may be necessary to ensure effective and appropriate protection in the face of possible reprisals or intimidation, including in the course of investigations and prosecutions of authors or after To the benefit of:

(a)
Victims;
(b)
Where appropriate, persons who provide information concerning criminal offences established under s. 18 this Convention or otherwise cooperate with the investigating or prosecuting authorities;
(c)
Witnesses who give evidence in respect of criminal offences established under s. 18 of this Convention;
(d)
If necessary, members of the family of persons referred to in paragraphs a and c.

2 Each Party shall adopt such legislative or other measures as may be necessary to ensure and offer various types of protection. Such measures may include physical protection, the assignment of a new place of residence, the change of identity and assistance in obtaining employment.

3 Every child shall be granted special protection measures taking into account his or her best interests.

4 Each Party shall adopt such legislative or other measures as may be necessary to ensure, where necessary, appropriate protection in the face of possible reprisals or intimidation, including in the course of investigations and prosecutions of authors or To members of groups, foundations, associations or non-governmental organizations that carry out one or more of the activities set out in s. 27, para. 3.

5 Each Party shall consider the conclusion of agreements or arrangements with other States in order to implement this Article.

Art. Specialised authorities and coordinating bodies

1 Each Party shall adopt the measures necessary for persons or entities to be specialised in the fight against trafficking in human beings and in the protection of victims. Such persons or entities shall have the necessary independence, within the framework of the fundamental principles of the legal system of that Party, in order to be able to carry out their functions effectively and are free from any unlawful pressure. Such persons or the staff of such entities shall be provided with training and financial resources adapted to the functions they perform.

2 Each Party shall adopt the measures necessary to ensure the coordination of the policy and action of the services of its administration and of other public bodies fighting against trafficking in human beings, if necessary by establishing Coordination bodies.

3 Each Party shall provide or enhance the training of officers responsible for the prevention and control of trafficking in human beings, including human rights training. Such training may be adapted to different services and, where appropriate, focus on the methods used to prevent trafficking, prosecute the perpetrators and protect the rights of victims, including the protection of victims against trafficking. Traffickers.

4 Each Party shall consider the appointment of National Rapporteurs or other mechanisms for the monitoring of anti-trafficking activities carried out by State institutions and the implementation of obligations under national law.

Art. Judicial procedures

In accordance with the Convention for the Protection of Human Rights and Fundamental Freedoms, in particular its art. 6, each Party shall adopt such legislative or other measures as may be necessary to ensure during the judicial proceedings:

(a)
The protection of the privacy of victims and, where appropriate, their identity;
(b)
The safety and protection of victims from intimidation,

Under the conditions laid down by its domestic law and, in the case of child victims, with special regard to the needs of children and guaranteeing their right to specific protection measures.

Art. Jurisdiction

1 Each Party shall adopt such legislative and other measures as may be necessary to establish its jurisdiction in respect of any criminal offence established in accordance with this Convention, where the offence is committed:

(a)
On 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 stateless person having his habitual residence in his territory, if the offence is punishable criminally where it has been committed or if it is not within the territorial jurisdiction of any State; or
(e)
Against one of its nationals.

2 Each Party may, at the time of signature or deposit of its instrument of ratification, acceptance, approval or accession, in a declaration addressed to the Secretary General of the Council of Europe, specify that it reserves the right to Not apply, or apply only in specific cases or conditions, the rules of jurisdiction defined in par. 1 (d) and (e) of this section or any part thereof.

3 Each Party shall adopt the measures necessary to establish its jurisdiction in respect of any offence covered by this Convention, where the alleged offender is present in its territory and cannot be extradited to another Party On the sole basis of his or her nationality, after a request for extradition.

4 Where several Parties claim jurisdiction over an alleged offence established in accordance with this Convention, the Parties concerned shall consult each other, where appropriate, in order to determine the best possible Prosecutions.

5 Without prejudice to the general rules of international law, this Convention shall not exclude any criminal jurisdiction exercised by a Party in accordance with its domestic law.

Chapter VI International cooperation and cooperation with civil society

Art. 32 General principles and international cooperation measures

The Parties shall cooperate, in accordance with the provisions of this Convention, in accordance with relevant international and regional instruments, arrangements based on uniform or reciprocal legislation and their rights Internal, to the greatest extent possible for the purposes of:

-
Prevent and combat trafficking in human beings;
-
Protect and assist victims;
-
Conduct investigations or proceedings concerning criminal offences established in accordance with this Convention.
Art. 33 Measures relating to threatened or missing persons

1 If a Party, on the basis of information available to it, has reasonable grounds to believe that the life, liberty or physical integrity of a person referred to in s. 28, para. 1, is in immediate danger in the territory of another Party, it shall, in such an emergency, transmit them without delay to that other Party in order for it to take appropriate protective measures.

2 The Parties to this Convention may consider enhancing their cooperation in the search for missing persons, in particular children, if available information may suggest that they are victims of trafficking in Human beings. To this end, the Parties may conclude bilateral or multilateral treaties.

Art. 34 Information

1 The requested Party shall promptly inform the requesting Party of the final result concerning the measures taken under this Chapter. The requested Party shall, without delay, inform the requesting Party of any circumstances that make it impossible to carry out the measures requested or may cause it to be delayed considerably.

2 A Party may, within the limits of its domestic law and in the absence of a prior request, communicate to another Party information obtained in its own investigations where it considers that this may assist the receiving Party To initiate or carry out investigations or proceedings concerning criminal offences established in accordance with this Convention, or where such information may result in a request for cooperation formulated by that Party under the Chapter.

3 Before providing such information, the Party providing the information may request that they remain confidential or be used only under certain conditions. If the receiving Party cannot grant such a request, it shall inform the other Party, which shall then determine whether the information in question should nevertheless be provided. If the receiving Party accepts the information under the prescribed conditions, it shall be bound by the prescribed conditions.

4 All the required art information. 13, 14 and 16, and which are necessary for the attribution of the rights conferred therein by those articles, shall be transmitted without delay at the request of the Party concerned, in accordance with Art. 11 of this Convention.

Art. 35 Cooperation with civil society

Each Party shall encourage State authorities, as well as public officials, to cooperate with non-governmental organizations, other relevant organizations and members of civil society in order to establish strategic partnerships To achieve the purposes of this Convention.

Chapter VII Monitoring mechanism

Art. 36 Group of Experts on Action against Trafficking in Human Beings

1 The Group of Experts on Action against Trafficking in Human Beings (hereinafter referred to as "GRETA") is responsible for ensuring 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. The composition of GRETA takes into account a balanced participation between women and men and a geographically balanced participation, as well as multidisciplinary expertise. Its members shall be elected by the Committee of the Parties for a term of 4 years, renewable once, among nationals of the States Parties to this Convention.

3 The election of the members of GRETA is based on the following principles:

(a)
They are chosen from high moral personalities known for their competence in the field of human rights, assistance and protection of victims and the fight against trafficking in human beings or with professional experience In the areas covered by this Convention;
(b)
They serve on an individual basis, are independent and impartial in the exercise of their mandates, and make themselves available to carry out their duties effectively;
(c)
GRETA cannot understand more than one national of the same State;
(d)
They should represent the main legal systems.

4 The procedure for the election of the members of GRETA shall be determined by the Committee of Ministers, after consultation with the Parties to the Convention and with the unanimous consent of the Parties, within one year of the entry into force of this Convention. GRETA shall adopt its own rules of procedure.

Art. Committee of the Parties

1 The Committee of the Parties shall be composed of representatives of the Committee of Ministers 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 one year of the entry into force of this Convention in order to elect the members of GRETA. It will then meet at the request of one third of the Parties, the President of GRETA or the Secretary-General.

3 The Committee of the Parties shall adopt its own rules of procedure.

Art. 38 Procedure

1 The evaluation procedure covers the Parties to the Convention and is divided into cycles whose duration is determined by GRETA. At the beginning of each cycle, GRETA selects the specific provisions on which the evaluation procedure will be carried out.

2 GRETA shall determine the most appropriate means for carrying out this evaluation. GRETA may, in particular, adopt a questionnaire for each of the cycles which may serve as a basis for the evaluation of implementation by the Parties to this Convention. This questionnaire is addressed to all Parties. The Parties shall reply to this questionnaire and to any other requests for information from GRETA.

3 GRETA may seek information from civil society.

4 In the alternative, GRETA may organise, in cooperation with the national authorities and the "contact person" designated by the latter, if necessary, with the assistance of independent national experts, visits to the countries concerned. During these visits, GRETA may be assisted by specialists in specific fields.

5 GRETA shall prepare a draft report containing its analyses concerning the implementation of the provisions on which the evaluation procedure relates, as well as its suggestions and proposals as to how the Party concerned can Address identified issues. The draft report shall be transmitted for comment to the Party undergoing the evaluation. Its comments are taken into account by GRETA when it draws up its report.

6 On this basis, GRETA shall adopt its report and conclusions concerning the measures taken by the Party concerned to implement the provisions of this Convention. This report and conclusions shall be sent to the Party concerned and to the Committee of the Parties. The report and the conclusions of GRETA shall be made public as soon as they are adopted with the possible comments of the Party concerned.

7 Without prejudice to the procedure laid down in s. 1 to 6 of this Article, the Committee of the Parties may adopt, on the basis of the report and the conclusions of GRETA, recommendations addressed to that Party (a) on the measures to be taken to implement GRETA's conclusions, if necessary Setting a date for the submission of information on their implementation and (b) with the objective of promoting cooperation with that Party in order to implement this Convention.

Chapter VIII Relationship with other international instruments

Art. 39 Relationship with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime

This Convention shall not affect the rights and obligations arising from the provisions of the Protocol to Prevent, Suppress and Punish Trafficking in the United Nations Convention against Transnational Organized Crime People, especially women and children. The purpose of this Convention is to strengthen the protection established by the Protocol and to develop the standards set out in it.

Art. 40 Relationship with other international instruments

1 This Convention shall not affect the rights and obligations arising from the provisions of other international instruments to which the Parties to that Convention are Parties or shall become Parties and that contain provisions relating to And which provides for greater protection and assistance to victims of trafficking.

2 Parties to the Convention may enter into bilateral or multilateral agreements on matters dealt with in this Convention, for the purpose of supplementing or strengthening the provisions of this Convention or for facilitating The application of the principles it enshrine.

3 The Parties which are members of the European Union shall apply, in their mutual relations, the rules of the Community and of the European Union to the extent that there are Community or European Union rules governing the subject In the case of a particular case, without prejudice to the object and purpose of this Convention and without prejudice to its full application to the other Parties.

4 Nothing in this Convention affects the rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international law relating to And in particular, where applicable, of the 1951 Convention 1 And the 1967 Protocol 2 On the status of refugees and the principle of non-refoulement.


Chapter IX Amendments to the Convention

Art. Amendments

1 Any amendment to this Convention proposed by a Party shall be communicated to the Secretary General of the Council of Europe and transmitted by the latter to the member States of the Council of Europe, to any other signatory State, to any State Party, To the European Community and to any State invited to sign this Convention in accordance with the provisions of Art. 42, as well as to any State which has been invited to accede to this Convention in accordance with the provisions of Art. 43.

2 Any amendment proposed by a Party shall be communicated to GRETA, which shall transmit its opinion to the Committee of Ministers on the proposed amendment.

3 The Committee of Ministers will consider the proposed amendment and the opinion formulated on it by GRETA; it may then, after consulting the Parties to the Convention and have obtained the unanimous consent, adopt this amendment.

4 The text of any amendment adopted by the Committee of Ministers in accordance with paragraph 1. 3 of this Article shall be communicated to the Parties for its acceptance.

5 Any amendment adopted in accordance with paragraph 1. 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 the Parties have informed the Secretary General that they have accepted it.

Chapter X Final Clauses

Art. Signature and entry into force

1 This Convention shall be open for signature by the member States of the Council of Europe , Non-member States which have participated in its elaboration, as well as the European Community.

2 This Convention shall be subject to ratification, acceptance or approval. Instruments 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 Signatories, including at least 8 member States of the Council of Europe, have expressed their consent to be bound The Convention, in accordance with the provisions of the preceding paragraph.

4 If a State referred to in s. 1, or the European Community, subsequently expresses its consent to be bound by the Convention, the Convention shall enter into force, in respect thereof, on the first day of the month following the expiration of a period of three months after the date of the filing of the The instrument of ratification, acceptance or approval.

Art. 43 Accession to the Convention

1 After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may, after consulting the Parties to the Convention and have obtained its unanimous consent, invite any non-member State of the Council of Europe Having not participated in the elaboration of the Convention to accede to this Convention by a decision taken by a majority provided for in Art. 20 d. Of the Statute of the Council of Europe 1 , and unanimously by the representatives of the Contracting States having the right to sit on the Committee of Ministers.

2 For 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.


Art. 44 Territorial Application

1 Any State, or the European Community, may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.

2 Any Party may, at any other time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory designated in that declaration and shall International relations or on whose behalf it is authorized to make commitments. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.

3 Any declaration made under the two preceding paragraphs may, in respect of any territory designated in that declaration, be withdrawn by notification addressed to the Secretary General of the Council of Europe. Such withdrawal shall take effect 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.

Art. 45 Reservations

No reservation shall be made to the provisions of this Convention, other than that provided for in Art. 31, para. 2.

Art. Denunciation

1 Any Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.

2 Such denunciation shall take effect 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.

Art. Notification

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, to any signatory State, to any State Party, to the European Community, to any State which has been invited to sign this Convention in accordance with Art. 42, and any State invited to accede to the Convention, in accordance with Art. 43:

(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 accordance with Art. 42 and 43;
(d)
Any amendment adopted in accordance with Art. 41, and the date of entry into force of the said amendment;
(e)
Any denunciation made under the provisions of s. 46;
(f)
Any other act, notification or communication relating to this Convention;
(g)
Any reservation under s. 45.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.

Done at Warsaw, on May 16, 2005, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe, to the non-member States which have participated in the elaboration of this Convention, to the European Community and to all Other State invited to accede to this Convention.

(Suivent signatures)

Scope of application on 9 March 2016 2

States Parties

Ratification

Accession (A)

Entry into force

Albania

February 6

2007

1 Er February

2008

Germany *

19 December

2012

1 Er April

2013

Andorra

23 March

2011

1 Er July

2011

Armenia

April 14

2008

1 Er August

2008

Austria

12 October

2006

1 Er February

2008

Azerbaijan *

23 June

2010

1 Er October

2010

Belarus

26 November

2013 A

1 Er March

2014

Belgium

April 27

2009

1 Er August

2009

Bosnia and Herzegovina

11 January

2008

1 Er May

2008

Bulgaria

April 17

2007

1 Er February

2008

Cyprus

24 October

2007

1 Er February

2008

Croatia

September 5

2007

1 Er February

2008

Denmark *

19 September

2007

1 Er February

2008

Spain *

2 April

2009

1 Er August

2009

Estonia *

5 February

2015

1 Er June

2015

Finland *

30 May

2012

1 Er September

2012

France *

February 9

2008

1 Er May

2008

Georgia *

March 14

2007

1 Er February

2008

Greece

April 11

2014

1 Er August

2014

Hungary

April 4

2013

1 Er August

2013

Ireland

July 13

2010

1 Er November

2010

Iceland

23 February

2012

1 Er June

2012

Italy

29 November

2010

1 Er March

2011

Latvia *

6 March

2008

1 Er July

2008

Liechtenstein

27 January

2016

1 Er May

2016

Lithuania

26 July

2012

1 Er November

2012

Luxembourg

April 9

2009

1 Er August

2009

Macedonia *

27 May

2009

1 Er September

2009

Malta *

30 January

2008

1 Er May

2008

Moldova *

19 May

2006

1 Er February

2008

Monaco *

30 November

2015

1 Er March

2016

Montenegro

July 30

2008

1 Er November

2008

Norway

17 January

2008

1 Er May

2008

Netherlands *

22 April

2010

1 Er August

2010

Poland *

17 November

2008

1 Er March

2009

Portugal *

February 27

2008

1 Er June

2008

Romania

August 21

2006

1 Er February

2008

United Kingdom *

17 December

2008

1 Er April

2009

San Marino

29 November

2010

1 Er March

2011

Serbia

April 14

2009

1 Er August

2009

Slovakia

March 27

2007

1 Er February

2008

Slovenia *

3 September

2009

1 Er January

2010

Switzerland *

17 December

2012

1 Er April

2013

Sweden *

May 31

2010

1 Er September

2010

Ukraine *

29 November

2010

1 Er March

2011

*
Reservations and declarations.

Reservations and declarations, with the exception of those of Switzerland, are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

Reservations and declarations

Switzerland:

Reservation contained in the instrument of ratification deposited on 17 December 2012:

In accordance with Art. 45 of the Convention, Switzerland reserves the right not to apply s. 31, para. 1, let. D, stateless persons.


RO 2013 475 ; FF 2011 1


1 RO 2012 6713
2 RO 2013 475 , 2016 1009. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on March 9, 2016