PROSECUTİON

Trafficking in human beings – recruitment, obtaining, keeping, harboring, transporting, giving or receipt of a person by means of threat or use of force, intimidation or other means of coercion, abduction, fraud, deception, abuse of power [influence] or a position of vulnerability, or by giving or receiving payments or benefits, privileges or concessions to achieve the consent of a person having control over another person, for purposes of exploitation.

Individuals participating in trafficking in human beings are involved to the criminal liability in the manner prescribed by the legislation of the Republic of Azerbaijan in accordance with the Law of the Republic of Azerbaijan "On Combating Trafficking in Human Beings" dated by 28.06.2005, # 958-IIQ.
Action or inaction by officials which can facilitate trafficking in human beings is prosecuted under the legislation of the Republic of Azerbaijan.

Foreigners or stateless persons allegedly participating in trafficking in human beings shall not be granted an access to the territory of the Republic of Azerbaijan and entry visas are being cancelled.
All the property earned from trafficking in human beings (real estate, funds, securities and other assets) shall be confiscated by a court decision and shall be transferred to the specially established Relief Fund for assistance to victims of trafficking in human beings as defined by the legislation.  
Resources accumulated into the Relief Fund for assistance to victims of trafficking in human beings shall be spent to pay compensation to the victims of trafficking in human beings, cover their social rehabilitation, medical and other necessary expenses.   

Transparency shall be provided in utilization and management of the assets of the Relief Fund for victims of trafficking in human beings. A relevant executive authority of the Republic of Azerbaijan shall define the legal basis for the functioning of the fund.
The courts shall resolve the matter of material and moral damages related to the victims of trafficking in human beings.  
Damage caused to the victims of trafficking in human beings shall be compensated from the assets of human traffickers, or the Relief Fund for assistance to victims of trafficking in human beings, if the assets of human traffickers are not enough for compensation.  
Consideration of criminal cases on trafficking in human beings and cases for restitution of losses caused by the trafficking in human beings may be conducted in a closed court sessions upon victim’s request and in accordance with the legislation of the Republic of Azerbaijan.  

Special testimonial measures such as teleconferencing or use of video-taped statements can be arranged with the purpose of ensuring the safety of the victims of trafficking in human beings and preventing human traffickers from influencing them, as well as taking into consideration the victim’s emotional and psychological condition.  
 A legal entity (its branch or representative) functioning in the territory of the Republic of Azerbaijan can be closed down in accordance with the legislation of the Republic of Azerbaijan for its links to trafficking in human beings.

Once a legal entity engaged in trafficking in human beings is identified and abolished, all its property shall be transferred to the Relief Fund for assistance to victims of trafficking in human beings.     
Should citizens of the Republic of Azerbaijan, foreigners or stateless persons commit human or children trafficking crime, they shall be subject to criminal responsibility under the Criminal Code of the Republic of Azerbaijan regardless the place of commitment of the crime.
Legal assistance on the crimes related to trafficking in human beings shall be implemented in compliance with the international treaties to which the Republic of Azerbaijan is a party, and the Law of the Republic of Azerbaijan “On Legal Assistance on Criminal Cases.”
Human traffickers or persons who participated in committing offenses related to trafficking in human beings may be extradited to foreign countries for criminal prosecution, or execution of the sentence, in compliance with the legislation of the Republic of Azerbaijan and the international treaties to which the Republic of Azerbaijan is a party.

According to the Criminal Code of the Republic of Azerbaijan prosecution of Human Trafficking has been defined as follows:
Extracts from the Criminal Code of the Republic of Azerbaijan:

Article 144-1. Human trafficking

144-1.1. Trafficking in human beings – recruitment, obtaining, keeping, harboring, transporting, giving or receipt of a person by means of threat or use of force, intimidation or other means of coercion, abduction, fraud, deception, abuse of power [influence] or a position of vulnerability, or by giving or receiving payments or benefits, privileges or concessions to achieve the consent of a person having control over another person, for purposes of exploitation –
is punished with the deprivation of liberty for a term from 5 up to 10 years.
144-1.2.      The same acts:
144-1.2.1.   When committed against two or more persons;
144-1.2.3.   When committed against a person under mature age;
144-1.2.4.   When committed against a pregnant woman overt for an accused person;
144-1.2.4-1.When committed by transporting victim of human trafficking through the state border of the Republic of Azerbaijan;
144-1.2.5.  When committed by preliminary conspired group of persons, organized group and/or criminal union (criminal organization);
144-1.2.6.    When committed by an accused person through abuse of power;
144-1.2.7.    When committed by using force that is dangerous for life and health and/or a threat of using such force;
144-1.2.8.   When committed by torturing the victim or treating that person in a cruel, inhuman way or disparaging the dignity of a person;
144-1.2.9.    When committed on the purpose of using organs and tissues of the victim -
is punished with the deprivation of liberty for a term from 8 up to 12 years.
144-1.3. If the actions mentioned in articles 144-1.1 and 144-1.2 of this code result with death or other severe results for victim because of imprudence –
is punished with the deprivation of liberty for a term from 10 up to 15 years.

Note:
1.    In this article “exploitation of a human being” is understood as a forced labor (service), sexual exploitation, servitude, servitude like habits and dependence coming from those treatments, illegal removal of human organs and tissues, illegal biomedical researches on a person, use of a woman as a surrogate mother, involvement in illegal as well as in criminal activity.
2.    Consent of the victim of trafficking in human beings, her life style, as well as immoral behavior can no longer be considered as a case mitigating a punishment of a person accused in trafficking in human beings.
3.    Recruitment, obtaining, keeping, harboring, transporting, giving or receipt of a minor for purposes of exploitation shall be considered as trafficking in human beings even if the means set forth in article 144-1.1 of this code are not used.

Article 144–2 Forced labor
Forcing to fulfill any job (service) by threatening, using force or a threat of using force, as well as restricting freedom of a person except for special cases identified through legislation –
is punished with the deprivation of liberty for a term from 4 up to 8 years.
The same acts:
144-2.2.1. When committed against two or more persons;
144-2.2.2. When committed repeatedly;
144-2.2.3. When committed against a person under mature age;
144-2.2.4. When committed against a pregnant woman overt for an accused person;
144-2.2.5. When committed by an accused person through abuse of power;
144-2.2.6. When committed by preliminary conspired group of persons, organized group and/or criminal union (criminal organization) –
is punished with the deprivation of liberty for a term from 7 up to 10 years.
144-2.3. If the actions mentioned in articles 144-2.1 and 144-2.2 of this code result with death or other severe results for victim because of imprudence –
is punished with the deprivation of liberty for a term from 9 up to 12 years.
Article 144-3. Illegal acts relating to travel or identity documents with a purpose of human trafficking
144-3.1. Forging an ID card, passport or other identity document or travel (border cross) documents with a purpose of human trafficking –
 is punished by deprivation of liberty for a term from 1 up to 3 years.
144-3.2. Procuring or providing of human trafficker or victim of human trafficking with forged ID card, passport or other identity document or travel (border cross) documents with a purpose of human trafficking –
 is punished by deprivation of liberty for a term from 1 up to 3 years.
144-3.3. Obtaining of such kind of documents for procuring or providing of human trafficker or victim of human trafficking with forged ID card, passport or other identity document or travel (border cross) documents with a purpose of human trafficking –
 is punished by deprivation of liberty for a term from 1 up to 3 years.
144-3.4. Retaining, removing, concealing, damaging or destroying an ID card, passport or other identity document or travel (border cross) documents of another person with a purpose of human trafficking –
is punished by deprivation of liberty for a term from 2 up to 4 years.
The criminal prosecution against the crimes of human trafficking is reflected in the framework of the following measures mentioned in the National Action Plan for the years 2014-2018 on Combating trafficking in human beings in Azerbaijan Republic approved by the Order dated by 24.07.2014, # 667 of the President of Azerbaijan Republic:

The prosecution of the crimes of human trafficking consists of identification of those crimes, detection of human traffickers; announce accusation against them, defense of these accusations in the court, setting punishment for the human trafficker, and in the case of necessity taking obligatory procedural measures.
In order to improve the criminal prosecution against the human traffickers, relevant measures will be taken for strengthening the activities and increasing the professional level of the associates of the Head Office for Combating trafficking in human beings of the Ministry of Internal Affairs of Azerbaijan Republic (hereinafter referred to as the Main Department).

It is envisaged to improve the work of protection of the witnesses and the persons cooperating with the authorities implementing the criminal prosecution in Combating trafficking in human beings, to continue the measures of stimulating the provision of information useful for the investigation.
To improve the cooperation between the authorities combating the crime of trafficking in human beings, to ensure efficient exchange of information and experience and joint study of the problems occurring in the field of combating trafficking in human beings, to expand international cooperation on implementation of operative investigation activities and criminal prosecution.
It is envisaged to take relevant measures in the direction of identification of the relations of the transnational organized criminal groups with the human traffickers, as well as to strengthen the measures in the direction of prevention, detection of transnational organized crime connected with trafficking in human beings.

The relevant efforts will be intensified in the direction of identification of the victims of human trafficking and forced labor and as well as the children being the victims of the human trafficking within the Republic, the activities of combating human traffickers (natural or legal entities) attracting the migrants to the forced labor will be intensified, criminal prosecution of every action connected with human trafficking the exploitation indication of which is identified will be conducted, the measures for combating legalization of money resources and other property obtained through the crime of human trafficking (any money resources, movable or immovable property, tangible and intangible property, legal documents certifying the property right directly or indirectly obtained in the result of committing human trafficking crime) will be intensified.
Prosecution of trafficking in human beings is considered in the Activity Plan of the NAP as follows:

THE ACTIVITY PLAN

Connected with implementation of the National Action Plan

13.3. Criminal prosecution against the crimes of human trafficking

13.3.1.

To continue measures for improvement of activities of the Head office for Combating trafficking in human beings of the Ministry of Internal Affairs of Azerbaijan Republic, to strengthen its staffing potential, material and technical base in accordance with the international requirements

National Coordinator, The Ministry of Internal Affairs

2014-2016

13.3.2.

To strengthen  the measures for increasing the professional level of the associates of the Head office for Combating trafficking in human beings of the Ministry of Internal Affairs of Azerbaijan Republic and prevention of corruption law violations in their activities

The Ministry of Internal Affairs

regular

13.3.3.

To improve the work of protection of the witnesses and the persons cooperating with the authorities implementing the criminal prosecution in Combating trafficking in human beings, to continue the measures of stimulating the provision of information useful for the investigation

The Ministry of Internal Affairs, State Security Service

regular

13.3.4.

To improve the cooperation between the authorities combating the crime of trafficking in human beings, to ensure efficient exchange of information and experience and joint study of the problems occurring in the field of combating trafficking in human beings

The Ministry of Internal Affairs, State Security Service,

regular

13.3.5.

To identify the relations of the trans national organized criminal groups with the human traffickers, as well as to strengthen the measures in the direction of prevention,  detection of transnational organized crime connected with trafficking in human beings

State Security Service, The Ministry of Internal Affairs

regular

13.3.6.

To strengthen the relevant efforts in the direction of identification of the victims of human trafficking and forced labor and as well as the children being the victims of the human trafficking within the Republic

The Ministry of Internal Affairs, State Security Service, The State Migration Service, The Ministry of Labor and Social Protection of Population, The State Committee for Family, Woman and Child Problems

regular

13.3.7.

To strengthen the activities of combating human traffickers (natural or legal entities) attracting the migrants to the forced labor

The Ministry of Internal Affairs, The State Migration Service, The Ministry of Labor and Social Protection of Population

regular

13.3.8.

To strengthen the international cooperation on implementation of operative investigation activities  and criminal prosecution connected with the crime of human trafficking

The Ministry of Internal Affairs, State Security Service, The Ministry of Foreign Affairs

regular

13.3.9.

To strengthen the measures of combating the legalization of money funds and other property obtained through human trafficking

The Financial Monitoring Service attached to the Central Bank, State Security Service, The Ministry of Internal Affairs

regular

 

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