REFERRAL OF AND ASSITANCE FOR VICTIMS OF HUMAN TRAFFICKING IN BELGIUM

C O N T E N T I N T R O D U C T I O N S T H E B E L G I A N M O D E L A N A C T U A L C A S E Q U E S T I O N S

I N T R O D U C T I O N S

A n a c t u a l p r a c t i c a l e x a m p l e BELGIAN CASE STUDY A n a c t u a l p r a c t i c a l e x a m p l e

A n a c t u a l p r a c t i c a l e x a m p l e BELGIAN CASE STUDY A n a c t u a l p r a c t i c a l e x a m p l e “A victim of Human Trafficking with the Hungarian nationality is found on your territory.”

A n a c t u a l p r a c t i c a l e x a m p l e BELGIAN CASE STUDY A n a c t u a l p r a c t i c a l e x a m p l e “A victim of Human Trafficking with the Hungarian nationality is found on your territory.” How to help this person adequately

A n a c t u a l p r a c t i c a l e x a m p l e BELGIAN CASE STUDY A n a c t u a l p r a c t i c a l e x a m p l e “A victim of Human Trafficking with the Hungarian nationality is found on your territory.” How to help this person adequately What actors need to be engaged

T H E B E L G I A N M O D E L MIGRATION OFFICE P A Y O K E THE PUBLIC PROSECUTOR POLICE SOCIAL INSPECTION MIGRATION OFFICE P A Y O K E P A G – A S A S Ü R Y A

T H E B E L G I A N M O D E L NGO JUSTICE DEP. MIGRATION OFFICE Indicators of victim of Human Trafficking Reflection period of 45 d. Intake in shelter to gain trust. Initial declaration leads to investigation of human trafficking Temporary documents of 3 months (once renewable) Victim remains in shelter and starts looking for private studio/ appartment Ongoing investigation Temporary residence for 6 months (renewable) Victims sees her assistent regularly Case is sent to court for human trafficking Victim gets permanent stay Counselling ends

AN ACTUAL CASE

A young woman stops a passing car. AN ACTUAL CASE - 1 - A young woman stops a passing car. She is scarcely dressed and speaks a foreign language. She appears to be in a panic / shock. She has no possessions on her person. She bears no means of identification. She constantly repeats “Airport” in bad English.

You are first on the scene AN ACTUAL CASE - 1 - A young woman stops a passing car. She is scarcely dressed and speaks a foreign language. She appears to be in a panic / shock. She has no possessions on her person. She bears no means of identification. She constantly repeats “Airport” in bad English. You are first on the scene

You are first on the scene AN ACTUAL CASE - 1 - A young woman stops a passing car. She is scarcely dressed and speaks a foreign language. She appears to be in a panic / shock. She has no possessions on her person. She bears no means of identification. She constantly repeats “Airport” in bad English. You are first on the scene HOW WILL YOU RESPOND?

T H E B E L G I A N M O D E L First alleviation Attempt identification Check police files Contact magistrate Contact interpreter Organise medical check up Offer multilingual brochure Wait for interpreter Keep everybody calm Not relevant yet. P O L I C E C A R E S E R V I C E S - 1 -

The victim has arrived at a secure location / police station AN ACTUAL CASE - 2 - The victim has arrived at a secure location / police station An interpreter is present. The victim states to have worked as a prostitute. She claims to have escaped from her pimp. Her pimp is a compatriot from the same region where she was born. She is afraid of retribution in her homeland. The woman is petrified, unable to think clearly at this moment in time.

The victim refuses to give an official statement out of fear AN ACTUAL CASE - 2 - The victim has arrived at a secure location / police station An interpreter is present. The victim states to have worked as a prostitute. She claims to have escaped from her pimp. Her pimp is a compatriot from the same region where she was born. She is afraid of retribution in her homeland. The woman is petrified, unable to think clearly at this moment in time. The victim refuses to give an official statement out of fear

The victim refuses to give an official statement out of fear AN ACTUAL CASE - 2 - The victim has arrived at a secure location / police station An interpreter is present. The victim states to have worked as a prostitute. She claims to have escaped from her pimp. Her pimp is a compatriot from the same region where she was born. She is afraid of retribution in her homeland. The woman is petrified, unable to think clearly at this moment in time. The victim refuses to give an official statement out of fear WHAT WOULD YOU DO?

T H E B E L G I A N M O D E L Start official police file. Contact magistrate. First conversation with victim is confidential. Victim → NGO Start investigation without victim statement. If magistrate agrees, start procedure migration office. Shelter is prepared. Victim is entitled to: Financial aid Psychological aid Legal help Medical help P O L I C E C A R E S E R V I C E S - 2 - Besproken met Patrick dat we deze eerste fase door de politie laten doen in ons voorbeeld. Het gaat ons anders te ver leiden

The victim is transferred to a specialised shelter. AN ACTUAL CASE - 3 - The victim is transferred to a specialised shelter. She enters a time of reflection. (max 45 days) She must decide if she wants to be recognised as a victim of THB. She must decide if she wants to make an official statement, incriminating her exploiters

Should the police pressurise a rapid official statement AN ACTUAL CASE - 3 - The victim is transferred to a specialised shelter. She enters a time of reflection. (max 45 days) She must decide if she wants to be recognised as a victim of THB. She must decide if she wants to make an official statement, incriminating her exploiters Should the police pressurise a rapid official statement

Should the police pressurise a rapid official statement AN ACTUAL CASE - 3 - The victim is transferred to a specialised shelter. She enters a time of reflection. (max 45 days) She must decide if she wants to be recognised as a victim of THB. She must decide if she wants to make an official statement, incriminating her exploiters Should the police pressurise a rapid official statement WHAT WOULD YOU DO?

T H E B E L G I A N M O D E L Allow NGO to gain confidence of victim Police does not pressurise Investigation continues without victim statement Social workers visit victim every day. She/he is allowed to find peace. A trustful relationship between victim and social worker(s) is established. In a constructive manner probing for cooperation. P O L I C E C A R E S E R V I C E S - 3 - Besproken met Patrick dat we deze eerste fase door de politie laten doen in ons voorbeeld. Het gaat ons anders te ver leiden

The victim wants to obtain the official status of “victim THB”. AN ACTUAL CASE - 4 - The victim wants to obtain the official status of “victim THB”. She is prepared to cooperate with police and justice department. She has one condition: Her child and grandmother must be protected from possible retributions

Can you guaranty protection in a foreign country? AN ACTUAL CASE - 4 - The victim wants to obtain the official status of “victim THB”. She is prepared to cooperate with police and justice department. She has one condition: Her child and grandmother must be protected from possible retributions Can you guaranty protection in a foreign country?

Can you guaranty protection in a foreign country? AN ACTUAL CASE - 4 - The victim wants to obtain the official status of “victim THB”. She is prepared to cooperate with police and justice department. She has one condition: Her child and grandmother must be protected from possible retributions Can you guaranty protection in a foreign country? WHAT CAN YOU OFFER THE VICTIM?

T H E B E L G I A N M O D E L Collect info on victims family. Contact police in country of origin about victims family. Give feedback to victim. Collect info on victims family through conversation. Contact police with victims requests / conditions. If official contact with family is established, the victim can personally check safety over phone. P O L I C E C A R E S E R V I C E S - 4 - Besproken met Patrick dat we deze eerste fase door de politie laten doen in ons voorbeeld. Het gaat ons anders te ver leiden

AN ACTUAL CASE - 5 - She is willing to accept the status “victim of THB” and gives an official statement. “She was recruited by men from her own village She was taken to unknown places by car. She has worked in the sex-industry in Belgium and the Netherlands. She stayed in hotels, along with other Hungarian girls. Identification and personal belongings where taken from her. She was allowed to keep a cell phone to stay in touch with her pimp. Hungarian suspects seem to organise their activities from within Hungary.”

What happens if she accepts the status “victim of THB”? AN ACTUAL CASE - 5 - She is willing to accept the status “victim of THB” and gives an official statement. “She was recruited by men from her own village She was taken to unknown places by car. She has worked in the sex-industry in Belgium and the Netherlands. She stayed in hotels, along with other Hungarian girls. Identification and personal belongings where taken from her. She was allowed to keep a cell phone to stay in touch with her pimp. Hungarian suspects seem to organise their activities from within Hungary.” What happens if she accepts the status “victim of THB”?

T H E B E L G I A N M O D E L Take full official statement from victim. NGO confidant is present during interrogation. Inform magistrate concerning cooperation of victim. Investigation continues with new info. If victim agrees to give full official statement, contact police Info can be handed over to police in advance to prepare interrogation. We are present and support the victim during the interrogation. P O L I C E C A R E S E R V I C E S - 5 - Besproken met Patrick dat we deze eerste fase door de politie laten doen in ons voorbeeld. Het gaat ons anders te ver leiden

TEMPORARY STAY (3 months renewable) Statements have been provided Victim agrees to work with one of the specialized centres Victim has broken off all contact with suspected offender(s) She/he is allowed to find peace. A trustful relationship between victim and social worker(s) is established. Education/Language courses are offered She has a right to work CONDITIONS C A R E S E R V I C E S - 6 -

TEMPORARY STAY (6 months renewable) VoT agrees to cooperate with investigation VoT is counselled by a specialized centre Victim has broken off all contact with suspected offender(s) The case is ongoing Prosecutor considers him/her as a possible VoT VoT is no threat to public order She/he will move to his own apartment counselling continues on a regular basis Social welfare is provided until he/she has a steady income When case goes to court legal will be offered CONDITIONS C A R E S E R V I C E S - 7 -

ADDITIONAL VARIABLES The victim refuses to give an official statement AN ACTUAL CASE ADDITIONAL VARIABLES The victim refuses to give an official statement The victim is willing to give an official statement But she/he wants to go home, leave the country, immediately after the statement

Q U E S T I O N S