Social Rehabilitation and Protection of Victims of Trafficking in Human Beings

Specialized Institutions for Victims of Trafficking in Human Beings

For the purpose of ensuring the protection of victims of trafficking in human beings, the following specialized institutions shall be established:
Shelters designated for the temporary residence of victims of trafficking in human beings;
Assistance Centers for victims of trafficking in human beings.
All services rendered within specialized institutions are provided free of charge. The provision of any services for a fee or any form of payment within specialized institutions is strictly prohibited.
The procedures for the establishment, financing, and operation of specialized institutions, as well as the oversight of their activities, shall be prescribed by the relevant executive authority of the Republic of Azerbaijan.

Shelters for the Temporary Residence of Victims of Trafficking in Human Beings

Shelters for the temporary residence of victims of trafficking in human beings (hereinafter referred to as “shelters”) are established to ensure decent living conditions and the physical safety of victims, as well as to provide them with necessary food, medicinal preparations, and urgent medical, psychological, social, and legal assistance.
In these shelters, victims of trafficking in human beings are provided with access to telecommunication services and the assistance of an interpreter. Dedicated areas shall be designated for the conduct of confidential consultations.
The anonymity of victims in shelters is guaranteed; no information regarding their identity shall be disclosed to criminal prosecution authorities or other State bodies without their prior consent.
Regardless of their conduct or willingness to cooperate with criminal prosecution authorities and testify against traffickers, a victim of trafficking shall be provided with shelter for a duration of 30 days upon their request.
The period of stay may be extended upon the motion of the specialized police unit or the victim. In all cases, placement in a shelter and the extension of the duration of stay shall be subject to the consent of the victim.
The provision of shelter and the maintenance of children who are victims of trafficking in human beings shall be conducted in accordance with Article 16 of the Law “On Combating Trafficking in Human Beings.”

Assistance Centers for Victims of Trafficking in Human Beings

Assistance Centers for victims of trafficking in human beings (hereinafter referred to as “Assistance Centers”) are established for the purpose of providing victims with guidance on existing administrative and legal procedures for the protection of their rights and interests, ensuring the provision of medical, psychological, and other necessary aid, and facilitating the social rehabilitation of victims.
The anonymity of victims’ identities within Assistance Centers shall be guaranteed; no information concerning them shall be disclosed to criminal prosecution authorities or other State bodies without their prior consent. In cases where the victims of trafficking are children, the guardianship and trusteeship authorities, as well as the commission on the protection of children’s rights, shall be notified immediately.
Assistance Centers shall provide aid upon the request of any person identifying themselves as a victim of trafficking, irrespective of their conduct, their willingness to cooperate with criminal prosecution authorities, or their readiness to testify against traffickers.
Where there is a reasonable suspicion that a person is a victim of trafficking, the Assistance Center shall initiate procedures to facilitate their placement in a shelter, in accordance with Article 13 of the Law “On Combating Trafficking in Human Beings”.
Recovery and Reflection Period
A victim of trafficking in human beings shall be granted a recovery and reflection period of 30 days to allow for their physical and psychological recuperation, to escape the influence of perpetrators, and to reach an informed decision regarding cooperation with criminal prosecution authorities.
During the recovery and reflection period, the victim of trafficking is entitled to access the services of the specialized institutions provided for in Article 12 of the Law “On Combating Trafficking in Human Beings” to ensure their security and protection, as well as the restoration of their physical, psychological, and social condition.
No measures of administrative expulsion from the territory of the Republic of Azerbaijan shall be applied against a victim of trafficking in human beings during the recovery and reflection period.
In the event that it is determined that the person is not a victim of trafficking in human beings, the recovery and reflection period shall not be granted; where such a period has already commenced, it shall be immediately terminated.

Social Rehabilitation of Victims of Trafficking in Human Beings

The social rehabilitation of victims of trafficking in human beings is carried out for the purpose of their reintegration into society and their return to a normal lifestyle. This process entails measures for the provision of legal assistance, the continuation of education, psychological rehabilitation and correction, medical and vocational rehabilitation, as well as facilitating access to employment and housing opportunities.
During the implementation of social rehabilitation, any restriction of the human and civil rights of victims—as enshrined in the Constitution of the Republic of Azerbaijan, national legislation, and international treaties to which the Republic is a party—is strictly prohibited. Furthermore, the application of any rehabilitation measures against the will of the victim shall not be permitted.
The social rehabilitation process shall take into account the age, gender, and specific requirements of victims, with particular regard for children, including their needs for appropriate shelter, education, and specialized care.
The social rehabilitation of victims of trafficking in human beings is financed by the State Budget of the Republic of Azerbaijan and other sources as provided for by legislation. The regulations governing the implementation of social rehabilitation shall be prescribed by the relevant executive authority of the Republic of Azerbaijan.

Assistance to Children Who Are Victims of Trafficking in Human Beings

In providing assistance to a child who is a victim of trafficking in human beings, the best interests of the child shall be the primary consideration. All requisite measures shall be taken to protect the rights and legal interests of the child in accordance with the Law of the Republic of Azerbaijan “On the Rights of the Child,” the UN Convention on the Rights of the Child, and other national and international legal instruments to which the Republic of Azerbaijan is a party.
Shelters and assistance centers shall immediately notify the guardianship and trusteeship authorities, as well as the commission on the protection of children’s rights, regarding a child victim. These bodies shall initiate measures to ensure the protection of the child’s rights and interests in compliance with the legislation of the Republic of Azerbaijan.
If the exact age of a person admitted to a shelter cannot be definitively established, but there is a reasonable presumption that the individual is under the age of 18, they shall be treated as a child. The duration of stay for children in shelters is 60 days. This period may be extended upon the motion of the specialized police unit, the guardianship and trusteeship authorities, or the commission on the protection of children’s rights.
When placing children in a shelter or extending their duration of stay, the views of children over the age of 10 regarding the matter shall be sought and taken into due account.
As a general rule, children in shelters shall be accommodated separately from adults. Depending on the best interests of the child, they may be accommodated together with their parents (except in cases where the parents are suspected of causing the child to become a victim of trafficking) or with other persons who have a positive impact on the child’s psychological state.
Children placed in shelters shall be afforded the opportunity to continue their education and maintain communication with their parents (except in cases where the parents are suspected of causing the child to become a victim of trafficking).
If the whereabouts of the parents of a child victim are unknown, or if the child is deprived of parental care, the state authorities combating human trafficking shall take measures to locate the parents or to establish guardianship or trusteeship. The social protection of such children shall be implemented in accordance with the Law of the Republic of Azerbaijan “On the Social Protection of Orphaned Children and Children Deprived of Parental Care.”
The social rehabilitation of child victims is implemented based on specialized programs, guided by Articles 15.4 and 16.1 of the Law “On Combating Trafficking in Human Beings,” as well as the statutory provisions concerning the prevention of neglect and juvenile delinquency.

Measures for the Protection and Assistance of Victims of Trafficking in Human Beings

Pursuant to a request by the criminal prosecution authority, State bodies, within the scope of their statutory powers, and shelters and assistance centers, within their functional mandates, shall provide necessary assistance to victims of trafficking in human beings.
During the period of social reintegration, persons harmed by human trafficking shall be entitled to an allowance—financed by the State Budget and other lawful sources—the amount of which shall be determined by the relevant executive authority in accordance with the legislation of the Republic of Azerbaijan.
By decision of a court or a criminal prosecution authority, access to personal data regarding the identity of a victim of trafficking held within information-inquiry services and data repositories shall be suspended.
The disclosure of information constituting the private or family secrets of victims of trafficking shall entail liability as prescribed by the legislation of the Republic of Azerbaijan. Information that may jeopardize the life or health of a victim, their close relatives, or persons assisting in the fight against human trafficking is classified as confidential, and its dissemination is strictly prohibited.
The unlawful collection or intentional dissemination of confidential information concerning a victim, or the security measures applied for their protection, shall result in liability as prescribed by the laws of the Republic of Azerbaijan.
Legal entities engaged in international transportation, transport organizations, and owners or operators of transport vehicles shall implement measures to inform passengers of the risks of human trafficking. Furthermore, such entities are mandated to verify that passengers possess valid documentation for entry into or exit from the territory of the relevant State; in the absence of requisite documentation, the provision of transport services must be refused.
In accordance with the procedures and circumstances established by law, victims of trafficking shall be exempted from civil, administrative, and criminal liability for acts committed under duress or threat as a direct consequence of their status as victims of trafficking.
Foreign nationals and stateless persons who are victims of trafficking shall be afforded protection and assistance on an equal basis with citizens of the Republic of Azerbaijan.

Securing the Safety of Persons Harmed by Human Trafficking

The safety of persons harmed by human trafficking shall be ensured in accordance with the Law of the Republic of Azerbaijan “On the State Protection of Persons Participating in Criminal Proceedings.” The officer of the authority conducting the criminal proceedings is mandated to apprise the harmed person of the available safety guarantees and the protective measures to be deployed.
Security measures applied to persons harmed by human trafficking shall be maintained throughout the preliminary investigation and judicial inquiry, as well as the period following the issuance of a final judicial decision, until such time as the threat is fully extinguished.
For the purpose of maintaining the anonymity of persons harmed by human trafficking, the use of pseudonyms shall be permitted.

Duties of Diplomatic Missions and Consulates Regarding the Assistance and Protection of Victims of Trafficking in Human Beings

The diplomatic missions and consulates of the Republic of Azerbaijan abroad—acting within their statutory competencies and in accordance with the legislation of the host State—shall ensure the protection of the rights and interests of citizens of the Republic of Azerbaijan who are victims of trafficking in human beings, and shall facilitate their repatriation to the territory of the Republic of Azerbaijan.
In the event that the identity documents of a citizen of the Republic of Azerbaijan who is a victim of trafficking are lost, or if it is impossible to recover such documents from the traffickers, the diplomatic missions and consulates, in coordination with the relevant executive authority of the Republic of Azerbaijan, shall expeditiously provide said citizens with emergency travel documentation granting them the right of return to the Republic of Azerbaijan.