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The Suppression Of The Traffic In Persons

Original Language Title: О борьбе с торговлей людьми

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On combating trafficking in human beings (statements of the Mejlis of Turkmenistan, 2007, no. 4, p. 79) this law defines the legal and organizational framework for combating trafficking in persons in Turkmenistan and is aimed at ensuring the State guarantees the freedom of the individual, the protection of society from cked persons.
 
Chapter i. General provisions article 1. Basic concepts in this Act uses the following concepts: trafficking in persons-a set of actions related to recruitment, purchase, sale, transport within one or several countries, passing from hand to hand or holding the person or group of persons, by the threat or use of force, debt bondage or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, adoption for commercial purposes or by bribing or receiving of payments or benefits to achieve the consent of a person having control over another person, as well as in other ways, containing the elements of the offence, for the purpose of exploitation;
trafficker-natural or legal person who, alone or in a group of persons committing any acts related to trafficking in human beings, as well as the official who, by their actions (inaction) contribute to the trafficking in human beings, and does not and will not oppose it, although it is duty-bound to do by virtue of their Office;
victim of trafficking-victim of trafficking, regardless of whether the consent of the person to transport, transfer, sale or other actions related to trafficking in human beings;
recruitment-recruitment, recruitment for any works, engaging in any activity, including illegal, involving part of any organization, including the Organization, which is prohibited by law;
forced labour-any work or service which is required from the person under threat of punishment or through other forms of coercion, and for which the person does not offer their services voluntarily;
exploitation of forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs and (or) tissues, other forms of exploitation of persons to commit acts of a sexual nature;
Slavery-the status or condition of a person over whom some or all of the powers attaching to the right of ownership;
debt bondage is the status or condition that occurs as a result of the mortgage debtor as security for the debt of his own labour, or labour-dependent persons, if the value of the work performed is not counted in the repayment of a debt, or if the duration of this work is not limited to any term, or if the nature of work and the remuneration is not determined;
surrogate mother-woman who has given birth to a child as a result of the application of the medical method of artificial insemination or embryo implantation to his gestation;
combating trafficking in human beings-complex of measures aimed at preventing, detecting, suppressing, minimize the consequences of trafficking and assisting victims of human trafficking;
crimes relating to trafficking in persons, offences under the Criminal Code of Turkmenistan.
 
Article 2. Turkmen legislation on combating trafficking in human beings 1. Turkmen legislation on combating trafficking in human beings is based on the Constitution and consists of this law, other regulatory legal acts of Turkmenistan, regulating relations in the sphere of combating trafficking in human beings.
2. If the international treaties of Turkmenistan establishes provisions than those contained in this Act, the provisions of international treaties.
 
Article 3. Turkmenistan's State policy in the sphere of combating trafficking in human beings, the State policy of Turkmenistan in the sphere of combating trafficking in human beings aimed at: ensuring a unified policy in the field of combating trafficking in human beings;
to protect individuals and society from cked persons;
the improvement of legislation in the field of combating trafficking in human beings;
regulate the relations arising in the process of combating trafficking in human beings;
prevention, detection and control activities on trafficking in human beings;
the creation of favourable conditions for the physical, psychological and social recovery of victims of trafficking;
implementation of international obligations of Turkmenistan in the area of trafficking in human beings.
 
Article 4. Basic principles of fighting trafficking in human beings action against trafficking in human beings is based on the following principles: respect for the rule of law in the fight against trafficking in human beings;
the inevitability of responsibility for traffickers;
non-discrimination of victims of trafficking;
ensure safe and fair treatment of victims of trafficking;
the combined use of legal, political, health, socio-economic, prevention and information measures;
cooperation with public associations and international organizations.
 
Article 5. Methods and forms of exploitation of victims of trafficking in persons 1. Exploitation of victims of trafficking in human beings can be accessed in the following ways: physical coercion with violence or (and) narcotic drugs and psychotropic substances, alcohol and hard drugs;
economic coercion in the form of debt bondage or other material, including slavery or conditions similar to slavery;

mental duress by blackmail, fraud, deception or threats of violence;
the legal dependence in relation to adoption, guardianship or marriage without a family.
2. On the content of activities with regard to the exploitation of victims of trafficking in persons may take the following forms: operation physiological human organs and tissues for transplantation;
the exploitation of women as a surrogate mother;
exploitation of the labour of human life (household and domestic service), production, agricultural work, as well as in criminal business (participation in armed forces, in the production of illegal products);
exploitation of persons for sexual purposes;
exploitation of a person with a view to its use in armed conflicts or hostilities.
3. The consent of a victim of trafficking in persons in relation to the forms of exploitation in the designation of specific acts of trafficking should not be taken into account if the victim has been subjected to any of the means, aiming to trafficking.
 
CHAPTER II.
Basis for the Organization to combat trafficking in persons Article 6. Public authorities carrying out activities to combat trafficking in human beings 1. Government bodies directly engaged in combating trafficking in human beings, are the General Prosecutor of Turkmenistan, Ministry of Internal Affairs, the Ministry of national security of Turkmenistan, Ministry of Foreign Affairs of Turkmenistan, the State border service of Turkmenistan, Turkmenistan public service for the registration of foreign nationals and other State bodies within their competence.
2. Control over the activities of State bodies to combat trafficking in human beings is exercised by the Cabinet of Ministers of Turkmenistan.
 
Article 7. Public authority for the coordination of activities to combat trafficking in human beings 1. The public authority for the coordination of activities to combat trafficking in human beings is the General Prosecutor of Turkmenistan.
2. the competence of the General Prosecutor of Turkmenistan are: 1) the implementation of the State policy in the sphere of combating trafficking in human beings;
2) Organization and conduct of work aimed at enhancing the effectiveness of efforts to identify and address the causes of trafficking in human beings;
3) supervising the strict and uniform implementation of this law and other normative legal acts of Turkmenistan aimed at combating trafficking in human beings;
4) coordination of the activities of State bodies to combat trafficking in human beings, as well as overseeing the work of the specialized agencies referred to in article 11 of this law;
5) participation in the preparation of international treaties of Turkmenistan in the field of combating trafficking in human beings;
6) preparation of proposals on improving the legislation of Turkmenistan in the field of combating trafficking in human beings;
7) Organization of work to raise awareness about the issues of trafficking in persons;
8) presentation of the annual report to the Cabinet of Ministers of Turkmenistan concerning action to combat trafficking in human beings;
9) performance of other functions related to combating trafficking in human beings.
3. State bodies engaged in activities to combat trafficking in human beings, are obliged to submit to the General Prosecutor's Office of Turkmenistan information about identified facts of human trafficking.
 
Article 8. The competence of State bodies, carrying out activities to combat trafficking in human beings 1. The Ministry of Internal Affairs of Turkmenistan combat trafficking through prevention, detection and suppression of offences, collection, review, synthesis and exchange of information on the extent, condition and trends of trafficking, identifying and stopping communication individuals and organized criminal groups involved in trafficking in persons and operating in the territory of Turkmenistan.
2. the Ministry of national security of Turkmenistan carries out within its competence the fight against trafficking in human beings through the identification of linkages of international terrorist organizations and organized crime groups with traffickers.
3. The Ministry of Foreign Affairs of Turkmenistan, diplomatic representatives and consular institutions of Turkmenistan abroad to protect the rights and interests of citizens of Turkmenistan, outside and victims of trafficking.
4. the State border service of Turkmenistan combat trafficking through prevention, detection and suppression of illegal crossing of the State border of Turkmenistan by traffickers and illegal movement across the State border of Turkmenistan of victims of trafficking.
5. the State service for the registration of foreign citizens in Turkmenistan leads the fight against trafficking in human beings through the identification and suppression of attempts by traffickers crossing posts of immigration control at the State border of Turkmenistan, is sending out of the country for victims of trafficking who are citizens of foreign States, takes measures to assist victims of trafficking.
 
Article 9. Assist public authorities carrying out activities to combat trafficking in human beings
 

Bodies of State power and administration, local authorities and local self-government, public associations, officials and citizens are obliged to assist the public authorities in their fight against human trafficking.
 
CHAPTER III.
Prevention of trafficking in persons Article 10. Activities on prevention of trafficking in persons 1. Public authorities carrying out activities to combat trafficking in human beings, organized efforts to prevent trafficking in persons.
2. the system of preventive measures aimed at the prevention of trafficking in persons, includes: 1) monitoring on combating trafficking in human beings;
2) formulation and implementation of programmes aimed at preventing trafficking in persons;
3) raising the awareness of society about dangerous situations which may be potential victims of trafficking, the protection provided by the State and by the specialized agencies, on measures of criminal prosecution and administrative sanctions taken by the State to combat trafficking in persons;
4) development and implementation of educational programmes aimed at the prevention of trafficking, the reduction for persons at risk of becoming victims of trafficking.
5) cooperation with public associations working in the field of combating trafficking in human beings;
6) other measures provided for by the legislation of Turkmenistan.
 
CHAPTER IV.
Specialized agencies to support and assist victims of trafficking Article 11. The establishment of specialized agencies to support and assist victims of trafficking in persons 1. In order to provide protection and assistance to victims of trafficking in persons can be established specialized agencies to support and assist victims of trafficking in human beings (hereinafter referred to as specialized agencies) as prescribed by the Cabinet of Ministers of Turkmenistan.
2. When creating the specialized agencies provided for in the first paragraph of this article, to cooperate could be voluntary associations operating in the field of combating trafficking in human beings.
3. sources of funding and support the activities of the specialized agencies are determined by the Cabinet of Ministers of Turkmenistan.
 
Article 12. The main functions of the specialized agencies 1. The main functions of the specialized agencies are: 1) the provision of information to victims of trafficking in persons in accessible form on legal and institutional arrangements to protect their interests;
2) providing victims of trafficking with medical, psychological, legal and other assistance;
3) facilitating the reintegration of victims of trafficking in persons in the family and society;
4) granting asylum to victims of trafficking in persons for temporary residence.
2. Shelter for temporary residence in institutions is available to a victim of trafficking for up to one month at his personal request.
3. in cases where the need to testify against traffickers asylum period established by paragraph 2 of this article may be extended for the entire duration of the proceedings, on the proposal of the investigation, the Procurator or statutorily with the consent of a victim of trafficking in persons to give evidence or a reasoned request of the person affected by trafficking.
 
Chapter v. assistance to victims of trafficking and the protection of Article 13. Social rehabilitation of victims of trafficking in persons 1. Social rehabilitation of victims of trafficking in persons is carried out with a view to their return to a normal way of life, and includes legal assistance to these persons, their medical, psychological, vocational rehabilitation and employment.
2. Order of social rehabilitation of the victims of trafficking shall be established by the Cabinet of Ministers of Turkmenistan.
 
Article 14. Assistance to children-victims of trafficking in persons 1. Assistance to child victims of trafficking should be provided in accordance with the legislation of Turkmenistan and the relevant norms of international treaties to which Turkmenistan is a party.
2. When public authorities carrying out activities to combat trafficking in human beings, and specialized agencies information about the child-victim of trafficking in human beings, they are in accordance with the legislation of Turkmenistan are obliged to protect the rights of the child shall immediately notify the authorities responsible for tutelage and guardianship authorities.
3. In the case of child victims of trafficking shelter in specialized institutions, they shall be separated from adults.
Child victims of trafficking who have been granted asylum in the specialized agencies, it is possible to attend public educational institutions in accordance with the legislation of Turkmenistan.
4. If a child victim of trafficking remained without parental care or are not informed about the whereabouts of his family being taken to search for the family of the child or the establishment of guardianship or curatorship over him in the manner prescribed by the legislation of Turkmenistan.
 
Article 15. Measures for the protection of victims of trafficking in persons 1. On the basis of the decision of the body conducting investigative activities, the official conducting the initial inquiry, the investigator, the Procurator, kazyeta access to the identity of the victim of trafficking in human beings in reference services is to be closed.

2. it is prohibited to disseminate information about trafficking victims or the circumstances of trafficking in human beings, able to threaten the life or health of the victim of trafficking in persons or his or her close relatives, as well as on persons assisting in the fight against trafficking in human beings.
3. If the life and health of the victims of trafficking runs a real risk, that person has the right to change the surname, name, patronymic, in the manner prescribed by the legislation of Turkmenistan.
4. it is prohibited to disclose information about the security measures and confidential information about victims of trafficking in human beings, as well as preliminary investigation data and information on the security measures applicable to persons involved in criminal proceedings.
5. officials of the authorities, local executive bodies and local self-government, as well as representatives of public associations, participating in activities to combat trafficking in human beings, for disclosing confidential information on victims of trafficking and for the failure to provide assistance to such persons shall bear responsibility in the manner prescribed by the legislation of Turkmenistan.
 
Article 16. State guarantees victims of trafficking 1. The interrogator, investigator, procurator and kazyet take the security measures provided for by the legislation of Turkmenistan with regard to victims of trafficking, alleging his želaniisotrudničat′ with the organs of investigation and inquiry in order to detect persons suspected of human trafficking.
2. If a foreign national or a stateless person is a victim of trafficking is recognized in accordance with the code of criminal procedure of Turkmenistan is a victim or witness in a criminal case or assists law enforcement, on substantiated request of the interrogator, investigator, procurator and kazyeta such person cannot be applied measures to expel from the country pending the final decision in the criminal case against persons the perpetrators of trafficking in persons. Victim of trafficking should be granted temporary stay in Turkmenistan, irrespective of the circumstances of the person's entry into Turkmenistan.
3. a victim of trafficking is not liable for an act which constitutes an administrative offence, if the offence was committed in circumstances caused by a trader in human beings.
 
Article 17. Responsibilities of diplomatic missions and consulates of Turkmenistan abroad to assist victims of trafficking in persons and their protection 1. Diplomatic missions and consular institutions of Turkmenistan abroad, protect the rights and interests of citizens of Turkmenistan, victims of trafficking in the State of their stay and contribute to their return to Turkmenistan.
2. in case of loss or inability to confiscate traffickers identification documents of citizens of Turkmenistan who have been trafficked, diplomatic representatives and consular institutions of Turkmenistan sign and issue them documents granting the right to return to Turkmenistan.
3. In accordance with the legislation of Turkmenistan and the laws of the host State diplomatic representatives and consular institutions of Turkmenistan are obliged to provide information on the legislation of Turkmenistan on combating trafficking in human beings, the relevant authorities of the host State, as well as to disseminate information on the rights of the persons concerned victims of trafficking.
 
CHAPTER VI.
International cooperation in the field of combating trafficking in human beings, article 18. International cooperation in the field of combating trafficking in human beings 1. Turkmenistan, in accordance with the norms and principles of international law, cooperate on issues of combating trafficking in human beings with foreign States and their competent authorities, as well as with international organizations involved in combating trafficking in human beings and promoting the protection of the rights and legitimate interests of victims of trafficking.
2. Turkmenistan, in the interests of ensuring the security of individuals, society and the State, given the transnational character of trafficking pursues on its territory persons involved in trafficking, including in cases where trafficking in human beings or of its individual stages were carried out outside Turkmenistan, harmed citizens of Turkmenistan and foreign citizens, as well as in other cases stipulated by international treaties to which Turkmenistan is a party.
 
CHAPTER VII.
Final provisions Article 19. Features of kazyets production in cases of human trafficking offences related to trafficking in persons, as well as cases of compensation for victims of human trafficking may be considered in closed meetings of the kazyetskih in the order determined by the legislation of Turkmenistan.
 
Article 20. Liability for trafficking in human beings 1. Natural and legal persons involved in crimes related to trafficking in human beings shall bear responsibility in accordance with the legislation of Turkmenistan.
2. In the case of kazyetom the fact of trafficking through legal person knowingly giving Turkmenistan cover trafficking in human beings, such legal entity shall be liquidated by order of the statutorily.

3. In the case of recognition of kazyetom legal person of a foreign State (its representative office, Branch Office) knowingly involved in trafficking in human beings under the decision by a kazyeta its activity on the territory of Turkmenistan shall be prohibited, and its representation or branch in Turkmenistan is lifted.
4. the property of a legal entity (representation, branch), specified in the second and third part of this article, acquired in a manner prohibited by law, by order of the kazyeta confiscated in favor of the State.
 
         Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat December 14, 2007 No. 155-III