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First Deputy Minister of Interior

GUIDELINES

Programme of support and protection of victims of trafficking in human beings and its institutional support

In keeping with the Directive of the Minister of Interior of 12 September 2005, establishing the interdisciplinary working group to support and protect victims of trafficking in human beings and creating a national coordinating mechanism to support and protect victims of trafficking in human beings, these Guidelines shall stipulate the following principles of functioning of the Programme of support and protection of victims of trafficking in human beings:

Article 1

The goals of the Programme of support and protection of victims of trafficking in human beings are the following:

1) provide support to the victims of trafficking in human beings and protect their human rights and dignity,

2) motivate the victims of trafficking in human beings to testify in courts thus enabling the law enforcement bodies to detect, investigate, convict, and prosecute perpertrators of the crime of trafficking in human beings and related crimes.

Article 2

Victims of trafficking in human beings are:

1) foreigners who should duly declare to have fallen victims of trafficking in human beings in the territory of the CR or to have been brought to the CR to be trafficked,

2) Czech nationals who should duly declare to have fallen victims of trafficking in human beings either in the CR or abroad.

Article 3

The participating bodies of the Programme of support and protection of victims of trafficking in human beings are:

a) the First Deputy Minister of Interior as a national coordinator,

b) the Department of Prevention of Crime of the Ministry of Interior as his Secretariat,

c) appointed units subordinated to the First deputy Minister of Interior[1],

d) Police of the CR (hereinafter only „police“),

e) Selected NGOs in a contractual relationship with the Ministry of Interior (Contracts on cooperation) which, in the given year, receive subsidies to implement the Programme of support and protection of victims of trafficking in human beings,

f) International Organization for Migration (IOM Praha).

Article 4

Entry of a victim in the Programme of support and protection of victims of trafficking in human beings:

a) The entry of a victim is proposed by the organization or institution which first identified the person (police, NGO, or any other body, such as a consular office),

b) The decision on the inclusion in the Programme is made by the national coordinator,

c) The proposal to include a victim is made to the national coordinator through his Secretariat,

d) With victims identified by an NGO, the national coordinator shall seek the position of the police.

Article 5

Conditions of entry in the Programme of support and protection of victims of trafficking in human beings:

a) The entry shall be voluntary, the victim shall complete and sign an entry form,

b) The victim shall interrupt his/her contacts with the gangland,

c) The victim shall express his/her consent with at least a month-long residential crisis intervention in an asylum facility of an NGO.

Article 6

The Programme is, due to the rules of the presence of foreigners in the territory of the CR, divided into the following three phases:

Phase 1 – crisis intervention / time to decide

a) The first 30 days are devoted to the crisis intervention and psychological and social support (should it be necessary and justified, the national coordinator may prolong the period),

b) The victim shall, within the 30 days, decide whether he/she will or will not cooperate with the law enforcement,[2]

c) Should the victim be an illegal immigrant, he/she shall receive, upon entry in the Programme, an order to exit the country,

d) With victims who decided to cooperate with the law enforcement, the police shall determine, whether the victim meets the conditions to be granted visa for a sufferance presence in the territory of the CR in keeping with the Act No. 326/1999 Coll., on the presence of foreigners in the territory of the CR and on the amendment of selected laws, as amended,

e) A victim who should decide not to cooperate is offered, after the expiration of the 30 day period, the programme of the voluntary return to the country of origin; should the victim decide not to leave voluntarily, he/she shall be administratively deported after the expiration of the order to exit the country.[3]

Phase 2 – preparing social re-integration

a) The cooperating victim shall, after the expiration of the 30 days of the crisis intervention, apply for a permit to temporarily stay in the CR,

b) After the end of the criminal proceedings, the victim is offered the programme of the voluntary return to the country of origin.

Phase 3 – permanent residence for humanitarian reasons

In exceptional cases and based on an application made by the victim, the Service of the Asylum and Border Police, Police of the CR may grant a permanent residence permit for humanitarian reasons.

Article 7

The victims are offered the following:

1) Foreign victims

a) Immediate withdrawal from the criminal environment,

b) Legitimization of their stay in the CR,

c) Asylum housing,

d) A month-long crisis intervention,

e) Financial support,

f)  Social support,

g) Psychological and social counselling,

h) Psychotherapy,

i) Legal assistance,

j) Interpreting,

k) Support in a voluntary return to the country of origin, follow-up social assistance,

l) Medical care,

m) Re-training courses,

n) Long-term social integration,

o) Possible inclusion in the programme of witness protection, in keeping with the Act 137/2001 Coll., on special protection of witnesses and other persons in relation to the criminal proceedings and on the amendment of Act No. 99/1963 Coll., Code of civil procedure, as amended,

p) Possibility to receive permanent residence for humanitarian reasons;

2) Czech nationals as victims

a) Immediate withdrawal from the criminal environment,

b) Assistance in a voluntary return to the CR,

c) Asylum housing,

d) A month-long crisis intervention,

e) Financial support,

f) Social support,

g) Psychological and social counselling,

h) Psychotherapy,

i) Legal assistance,

j) Interpreting,

k) Support in a voluntary return to the country of origin, follow-up social assistance,

l) Medical care,

m) Re-training courses,

n) Long-term social integration,

o) Possible inclusion in the programme of witness protection, in keeping with the Act 137/2001 Coll.

Article 8

The participation of the victim in the Programme may end:

a) Any time upon a request of the victim,

b) Should a foreign victim decide to voluntarily return to the country of origin,

c) Should the perpetrators be finally and conclusively sentenced, should the criminal proceedings end, or should there be no further need of the presence of the victim at the proceedings.

Article 9

The victim shall be excluded from the programme, should:

a) it become clear that it is not a case of trafficking in human beings,

b) he/she be contacted by the gangland,

c) he/she return voluntarily to the environment, where he/she was sexually exploited or forced to labour,

d) he/she commit a crime,

e) he/she violate the rules of the asylum housing, arbitrarily leave the quarters or violate the agreement with the NGO on provision of social services,

f) he/she refuse further cooperation with the law enforcement,

g) he/she provide false information.

Article 10

The Programme is financed from the budget of the Crime Prevention Strategy for 2004 – 2007. NGOs are financed through subsidies.

Article 11

Under the Programme of support and protection of victims of trafficking in human beings, the Ministry of Interior shall:

a) approve of the entry of a victim in the Programme – based on a reference by the police, an NGO, or any other body (e.g. a consular office) and an entry form of the victim,

b) request from the police its position to enter in the Programme a victim identified by an NGO, [4]

c) coordinate the treatment of the victim,

d) coordinate the legitimate presence a foreign victim in the territory of the CR, [5]

e) decide on the termination of the presence of the victim in the Programme, based on a proposal by the police or an NGO, and should the victim request so voluntarily, should he/she decide to voluntarily return to the country of origin, should the perpetrators be finally and conclusively sentenced, should the criminal proceedings end, or should there be no further need of the presence of the victim at the proceedings,

f) decide on the termination of the presence of the victim in the Programme, based on a proposal by the police or an NGO, should it become clear that it is not a case of trafficking in human beings, he/she be contacted by the gangland, he/she return voluntarily to the environment, where he/she was sexually exploited or forced to labour, he/she commit a crime, he/she violate the rules of the asylum housing (arbitrarily leave the quarters or otherwise violate the agreement with the NGO on provision of social services), he/she refuse further cooperation with the law enforcement, or he/she provide the law enforcement with untrue information,

g) coordinate voluntary return of the victim to the country of origin through the IOM,

h) maintain a database of victims entered in the Programme of support and protection of victims of trafficking in human beings,

i) with the help of the interdisciplinary working group by the Minister of Interior Directive, analyse the effectiveness of the functioning of the Programme of support and protection of victims of trafficking in human beings and, in case of need, propose changes,

j) organize and chair regular meetings of the interdisciplinary working group,

Article 12

Under the Programme of support and protection of victims of trafficking in human beings, the NGOs shall:

a) inform the victims of their mandate. Offer participation at the Programme, and advise the victims on their rights and responsibilities under the Programme and the conditions of participation therein,

b) provide assistance to victims identified by them either directly or via a help-line, victims identified by the police, and victims identified in cooperation with other NGOs or international organizations, or through other channels,

c) inform the Ministry of Interior without delay about all victims wishing to join the Programme of support and protection of victims of trafficking in human beings (by phone, fax, or e-mail),

d) submit to the Ministry of Interior, without delay, a written proposal to enter a victim in the Programme of support and protection of victims of trafficking in human beings,

e) help the victim complete the entry form and submit the form to the Ministry of Interior together with the proposal to enter the victim in the Programme,

f) provide housing to the victims and facilitate necessary care in line with the Decision on the allocation of the government subsidies and the Agreement on cooperation on support and protection of victims of trafficking in human beings (concluded with the Ministry of Interior),

g) provide the victims with social services pursuant to the victims‘ needs and their agreement with the NGO (the victim shall be advised on his/her rights and responsibilities),

h) facilitate a contact between the police and the victim should the victim decide to cooperate with the law enforcement (immediately or within one month at the latest) and inform the Ministry of Interior thereof,

i) assist the victims, with the help of the Ministry of Interior, in their seeking of a legal status in the territory of the CR (provides positions to their applications for a legal status),

j) inform the Ministry of Interior on all important facts concerning the victims entered in the Programme, primarily those facts which may terminate the participation of the victim in the Programme or lead to his/her exclusion from the Programme, and consult the Ministry of Interior on the steps to be taken,

k) propose to the Ministry of Interior termination of the participation of a victim in the Programme of support and protection of victims of trafficking in human beings, should the victim wish to do so or should he/she decide to voluntarily return to the country of origin,

l) propose to the Ministry of Interior exclusion of a victim from the Programme of support and protection of victims of trafficking in human beings for the reasons of a serious violation of the conditions of participation (contacts with the gangland, voluntary return to the environment, where the victim was sexually exploited or forced to labour, violation of the rules of asylum housing or any other violation of the agreement on provision of social services by the responsible NGO),

m) facilitate the access of the victim, should there be a need to do so, to a legal representative,

n) cooperate with other NGOs domestically or internationally,

o) prepare, in cooperation with the Ministry of Interior, the voluntary return of the victim to the country of origin assisted by the IOM (IOM Praha),

p) prior to the return of foreign victims to their country of origin, prepare re-integration programme in cooperation with the NGOs in the country of origin.

Article 13

Under the Programme of support and protection of victims of trafficking in human beings, the police shall:

1) Service of the Criminal Police and Investigation, Police of the CR

a) inform each identified potential victim of his/her invitation to the Programme of support and protection of victims of trafficking in human beings,

b) inform, as soon as possible, the NGOs about having identified a victim of trafficking in human beings ,

c) submit to the Ministry of Interior , without any delay, a written proposal to enter the victim in the Programme of support and protection of victims of trafficking in human beings together with the explanation of how such entry reflects the interest of the law enforcement,

d) transport the victim to a safe place agreed upon with an NGO,

e) consult with the Ministry of Interior measures to decrease security threats to the victims, staff of the NGOs, and other persons involved,

f) in case of danger, transport the victim to another safe place,

g) propose to the Ministry of Interior termination of the participation of the victim in the Programme of support and protection of victims of trafficking in human beings, should the perpetrators be finally and conclusively sentenced, should the criminal proceedings end, or should there be no further need of the presence of the victim at the proceedings,

h) propose to the Ministry of Interior exclusion of the victim from the Programme of support and protection of victims of trafficking in human beings, for a serious violation of the Programme conditions (contact with the gangland, voluntary return to the environment, where the victim was sexually exploited of forced to labour, a serious offence, refusal of further cooperation with the law enforcement, or intentional providing of misleading information to the law enforcement),

2) Unit for Detection of Organized Crime, Service of the Criminal Police and Investigation, Police of the CR in case of material or local competence

a) fulfil the tasks above in the same extent as the Service of the Criminal Police and Investigation, Police of the CR,

b) maintain and manage the „Victim“ information system.

3) Service of the Foreign and Border Police, Police of the CR/Ministry of Interior[6]

a) inform Service of the Criminal Police and Investigation, Police of the CR or its Unit for Detection of Organized Crime on any suspicion of trafficking in human beings ,

b) determine, based on a request from the Ministry of Interior, the entry form completed by the victim, position of the responsible NGO, and position of a competent police unit, the legal status of a foreign victim in the territory of the CR. [7]

4) County Headquarters of the Police of the CR in case of emergency provide a short term protection to victims of trafficking in human beings or staff of NGOs caring for the victims, in keeping with the Binding decree of the Police President No. 159/2001 guiding the procedure of short-term protection provided by the Police of the CR. The short-term protection is requested by the Service of the Criminal Police and Investigation, Police of the CR based in a decision of the Director of the Regional Headquarters of the Police of the CR.

Article 14

Under the Programme of support and protection of victims of trafficking in human beings, the International Organization for Migration (IOM Praha) shall:

a) execute the voluntary return of the victim to the country of origin,

b) prepare the return of the victim to the country of origin and his/her re-integration with the help of the IOM missions abroad.

Article 15

These guidelines shall come to force on........2005.

Reference No.:

First Deputy Minister of Interior

Mgr. Miloslav K o u d e l n ý

Copies to: units subordinated to the First Deputy Minister of Interior , Police Presidium of the CR, Regional and County Headquarters of the Police of the CR.

Issued by: Department of Prevention of Crime, Ministry of Interior, telephone: 00 420 974 832 255


[1] Directive of the Minister of Interior of … 2005, establishing the interdisciplinary working group to support and protect victims of trafficking in human beings

[2] In phase 1, the letters a) and b) concern both the Czech nationals and the foreign victims, the rest concerns foreign victims only

[3] Voluntary return requested by the victim may be executed at any time

[4] In this phase, the personal data of the victim shall not be provided without his/her consent. The police seeking a witness statement shall not come in the direct contact with the victim unless expressly agreed upon by the victim.

[5] Reflects the consent of the victim to cooperate with the law enforcement, the interests of the law enforcement, and physical and psychological condition of the victim, security risks, and the chances of social re-integration of the victim.

[6] In keeping with the Act No. 326/1999 Coll., on the presence of foreigners in the territory of the CR and on the amendment of selected laws, as amended, the responsible authorities have proposed to transfer the process of foreign victim permits to stay from the Service of Foreign and Border Police to the Ministry of Interior.

[7] Currently, the exit order is 40 days, the sufferance visa allow for a stay for the period of the entire criminal proceedings should the victim cooperate with the law enforcement, and a permanent residency should the victim assist exceptionally in the conviction of the perpetrators, his/her re-integration is successful, and his/her safety in the country of origin is in danger.