TRAFFICKING IN HUMAN BEINGS Senior Public Prosecutor Anna Lena Nilemar International Public Prosecution Authotity in Stockholm

Some general comments about Trafficking in human beings and the situation in Sweden - The legislation The Investigations in Sweden – -- cooperation betweeen the police and the prosecutor The victims, the perpetrators, and the sex-buyers Different cases

Swedish Prosecution Authority 39 Public Prosecution Offices Prosecutor-General Office of the Prosecutor-General 3 Prosecution Development Centres

International Public Prosecution Office - Stockholm 3 International Public Prosecution Offices Stockholm, Gothenburg and Malmö Transnational crime Organised crime Serious crimes committed abroad Mutual legal assistance in criminal matters extraditions and EAW

Multidisciplinary approach The Police Swedish National Economic Crimes Bureau International Public Prosecution Office Swedish Customs Swedish National Taxboard

Human Traffickers // Pimps Organised crime – criminal networks Using the victims social, economic and political conditions in which the victims live - the majority of the women belong to minority groups The market – the buyers of the sexual services Utnyttjar offrens ekonomiska, sociala, politiska och rättsliga underordning Efterfrågan - sexköpskunder

CRIMINAL CHAIN

Recruiter, people for transport and to receive the victim

INTERNATIONELL DOCUMENTS UN Convention 2000 on Trans-national Organized Crime (The Palermo Convention) with its additional protocol European Unions Declaration to Prevent and Combat Trafficking in Women and Children for Sexual Exploitation European Unions Frame Work Decision 2002 – regarding the combating of traffing in human beeings

TRAFFICKING OF HUMAN BEINGS Actions - Means - The Purpose of the trade 1 juli 2002, 4 chap, section 1 A Penal code Trafficking in Human Beings for Sexual Purposes 1 juli 2004, 4 chap, section 1 A Penal code - Extended legislation entered into force, legislation for different purposes

The Criminal Code (2004:406) Chap. 4, section 1 a Trafficking in Human Beings ““A person who, in other cases than those referred to in Section 1 (kidnapping), uses unlawful coercion or deceit, exploits another person’s vulnerable situation or by some other such improper means recruits, transports, harbours, receives or takes any other such action with a person and thereby takes control over this person with the intent that this person shall

1. exposed to crime as in chapter 6, sections 1,2,3,4,5 or 6, exploited for casual sexual relations, or in any other way exploited for sexual purposes, 2. exploited in active military service or forced labour, or some other similar coerced status, 3.exploited for the removal of organs, or 4. otherwise exploited in a distressful situation,

shall be sentenced for trafficking in human beings to a prison sentence of at least two and at most ten years. The same applies to a person, who for such purpose that is referred to in the first Section, (1) transfers control to another person, or (2) from another person receives control of a person.

A person who commits a criminal act provided for in the first paragraph against a person UNDER 18 shall be sentenced for trafficking in human beings even if none of the improper means described therein was used.”

Chapter 6, section 12 of the Penal Code “ Anyone who encourages or improperly economically exploits a person having casual sexual relations in return for payment is sentenced for procuring to a term of imprisonment of at most four years. ………………

If a crime as intended in para. 1 or 2 regarded as gross, then the perpetrator shall be sentenced for aggravated procuring to a term of imprisonment of at least two and at most eight years. When considering if the crime is gross, special attention shall be paid to whether the activity was conducted on a large scale, entailed significant financial gain or involved the ruthless exploitation of another person."

The Penal Code (2004:406) chap. 6, section 11, The Purchase of a sexual service Someone who, in a case other than as intended previously in this chapter, obtains a casual sexual relation in return for payment, is sentenced for the purchase of a sexual service to a fine or a custodial sentence of at most six months. What has been stated in the first paragraph also applies even if the remuneration has been promised or given by someone else.

The Act Prohibiting the Purchase of Sexual Services Chapter 6, section 11 of the Penal Code “ A person who, otherwise than as previously provided in this Chapter, obtains a casual sexual relation in return for payment, shall be sentenced for purchase of sexual service to a fine or imprisonment for at most six months. The provision of the first paragraph also apply if the payment was promised or given by another person”.

THE INVESTIGATION - EVIDENCE The victims Surveillence Secret wiretapping and tele - surveillance Camera –surveillence The sex-buyers

Co-operation Without cooperation - complicated investigations The Social Welfare Authorities (shelter) The Migration Board Internationell contacts - ex. Eurojust, Europol, Police Liaison Officer The pre -trial investigations are Extensive and demanding a lot of resources, often interpreter, contact with other countries, interrogation and taking of evidence abroad

MONEY AND CONDOMS

International Public Prosecution Office in STOCKHOLM THANK YOU !