PROTECTİON

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.

State Agencies within their responsibilities, shelters and centers of assistance within their functions shall assist the victims of trafficking in human beings on the appeals to criminal prosecution agencies or the court  in accordance with the Law of the Republic of Azerbaijan "On Combating Trafficking in Human Beings" dated by 28.06.2005,           # 958-IIQ.

During the time of reintegration, victims of trafficking in human beings shall be paid a monthly allowance from the State Budget and other sources in an amount defined by the relevant executive authority of the Republic of Azerbaijan.   

Access to information about victims of trafficking in human beings stored in information services and databases shall be terminated in accordance with a decision made by the criminal prosecution agency or court.

Disclosure of the information, which is a secret of personal and family life of the victims of trafficking in human beings shall lead to criminal responsibility under the legislation of the Republic of Azerbaijan. Information threatening the life or health of the victims of trafficking in human beings, their close relatives and persons who contribute to the Combating trafficking in human beings shall be deemed as classified and any disclosure of such information is prohibited. 

Any illegal collection or disclosure of classified information related to victims of trafficking in human beings or security measures regarding the victim shall be subject to responsibility under the legislation of the Republic of Azerbaijan.

Legal entities, transportation organizations, owners or operators of transport facilities operating on international transportation of passengers shall take the necessary measures towards the awareness of passengers about the threat of trafficking in human beings, check all passengers to identify whether they have appropriate documents for entering (exiting) certain countries and refuse to serve persons, who don’t have the necessary documents.

Persons who are affected from trafficking in human beings are exempted from civil, administrative or criminal responsibility for offenses committed under coercion or intimidation while they were victims of trafficking in human beings.

Aliens and stateless persons who became victims of trafficking in human beings shall be provided with protection and assistance equal to the citizens of the Republic of Azerbaijan.

 

Safety of the victims of trafficking in human beings shall be provided in compliance with the Law of the Republic of Azerbaijan on “State Protection of Participants of Criminal Process.” An officer of the agency implementing the criminal process shall notify a victim of trafficking in human beings about the possibilities for ensuring safety, and the measures of protection. 

Safety measures taken with respect to the victim of trafficking in human beings shall be continued unless the threat is fully eliminated during the preliminary investigation and trial of a trafficking in human beings crime and post trial time. 

Pseudo (false) names shall be used in an effort to provide the anonymity of victims of trafficking in human beings.

Diplomatic representative offices and consulates of the Republic of Azerbaijan in abroad within their responsibilities and in conformity with the legislation of the country where they function, shall perform activity aimed at ensuring the rights and interests of Azerbaijani citizens who became victims of trafficking in human beings and return them to the territory of The Republic of Azerbaijan.

If a citizen of the Republic of Azerbaijan loses his identification document, or if it is impossible to get this document back from the human traffickers, consulate of the Republic of Azerbaijan, in conjunction with the special executive authority of the Republic of Azerbaijan, shall provide such citizens with a document to return to the Republic of Azerbaijan.

Specialized institutions shall be established for the protection of the victims of trafficking in human beings including:

Interim shelters for the victims of trafficking in human beings;

Assistance Centers for victims of trafficking in human beings.

All services in the specialized institutions shall be performed free of charge. Specialized institutions are prohibited from performing paid services.

The relevant executive authority of the Republic of Azerbaijan shall define the terms for the creation and operation of the specialized units for the victims of trafficking in human beings and their funding, and shall control their activity.

Interim shelters for lodging the victims of trafficking in human beings (hereinafter “shelters”) shall be created to provide the victims of trafficking in human beings with acceptable living conditions, food, medicine, first medical aid, psychological, social and legal assistance and their security. The victims of trafficking in human beings shall have access to the telephone and interpretation services. Special places in the shelters shall be organized for confidential conversations. 

The shelters shall preserve the anonymousness of the victims of human trafficking, and no information shall be referred to law enforcement and/or other governmental agencies without the victims’ consent.

Shelters shall be offered for 30 days to victims of human traffickers upon their request, regardless of their behavior and intention to cooperate with criminal prosecution agencies, or testify against human traffickers.

The shelter time can be prolonged based on the request of the specialized police unit, or the victims of trafficking in human beings. Accommodation in the shelters and prolongation of the time of sheltering shall be possible with consent of the victims of trafficking in human beings in all cases.

Sheltering children, who became victims of trafficking in human beings shall be implemented in compliance with the Article 16 of this Law.

Assistance Centers on assistance to victims of trafficking in human beings shall be created to give explanations to the victims on current administrative and legal procedures protecting their rights and interests, provide psychiatric and medical assistance, and to socially rehabilitate the victims of trafficking in human beings. 

Anonymity is guaranteed for victims in Assistance Centers and no information about victims is released to criminal prosecution authorities or other state agencies without their prior consent. When victims of trafficking in human beings are minors, this shall be reported immediately to the Commission on Children’s Affairs and Protection of Rights and guardianship and custodial authorities.

Assistance is provided to individuals considering themselves victims of trafficking in persons upon their personal request regardless their behavior and intention to cooperate with criminal prosecution agencies, or testify against human traffickers.

If a person in the Assistance Center is presumed to be a victim of trafficking in human beings, then necessary arrangements shall be made in compliance with the Article 13 of this Law to place that person in a shelter. 

Victim of human trafficking provided with 30 days of recovery and reflection period in order to allow him/her to recover and escape the influence of the perpetrators and to take a considered decision on co-operating with the prosecution agencies. 

During recovery and reflection period victim of human trafficking may use services of special institutes provided in the 12th article of the Law of the Republic of Azerbaijan on combating trafficking in human beings for provision of security and protection needs as well as for recovery of physical, psychological and social status.

During recovery and reflection period victim of human trafficking shall not be enforced to any expulsion by administrative means from the territory of the Republic of Azerbaijan. 

If it is established that the person is not a victim of human trafficking, then recovery and reflection period will not be granted and if this period has already began then it will be terminated.”

Social rehabilitation of the victims of trafficking in human beings shall be conducted to reintegrate victims of trafficking in human beings into society and return them to their normal life and provide them with legal and psychiatric assistance, medical and professional rehabilitation, employment and accommodation.

Neither any restraint of human and civil rights provided by the Constitution of the Republic of Azerbaijan, international treaties and laws, nor the application of the rehabilitation measures against the will of victims of trafficking in human beings shall be tolerated in any form during the social rehabilitation of the victims of trafficking in persons. 

The age, sex and needs, as well as needs for the necessary sheltering, education and care of the victims of trafficking in human beings, especially the minorities shall be taken into consideration while the social rehabilitation of the victims is implemented.

Social rehabilitation of the victims of trafficking in human beings shall be funded from the state budget and other sources defined by the legislation of the Republic of Azerbaijan.

A special executive authority of the Republic of Azerbaijan shall define under this law the terms of implementation of social rehabilitation of victims of trafficking in human beings.

When assisting a child, who became a victim of trafficking in human beings, the interests of the child shall be given priority and all measures shall be taken in accordance with the Law of the Republic of Azerbaijan “On Children’s Rights,” the UN Convention “On Children’s Rights,” as well as other legislative acts of the Republic of Azerbaijan and treaties to which Azerbaijan is party.  

The shelters shall immediately report a child who became a victim of trafficking in human beings to the guardianship and foster care agencies, and the Commission on Children’s Affairs and Protection of Rights. The guardianship and foster care agency, and the Commission on Children’s Affairs and Protection of Rights shall take the necessary measures on protection of rights and interests of the child in compliance with the legislation of the Republic of Azerbaijan.

A person shall be considered as a child if his age is impossible to identify, but is believed to be under 18, while placing him into the shelter. The limit for the sheltering of children is 60 days. The sheltering time can be prolonged based on a request of the specialized police unit, guardianship and foster care agencies or the Commission on Children’s Affairs and Protection of Rights. Children’s opinion shall be asked when he/she is placed in the shelter, or the sheltering time is prolonged when children are 10 years old and over.

Children shall be sheltered separately as a rule.  For their best interests, children may also be placed together with their parents (except situations when it is believed that the parents are engaged in trafficking in their child) and other persons, who can positively affect the children’s psychology.

Children in the shelters shall be provided with an opportunity to continue their education and communicate with their parents (except situations when the parents are engaged in trafficking in their child.)

Measures shall be taken to search for the parents or providing for guardianship and foster care if a child who became a victim of trafficking in human beings is not aware of his parents’ location or is deprived of parent care. Social protection of such children is provided for in conformity with the laws of the Republic of Azerbaijan on “Social Protection of Orphans and Children Deprived of Parent’s Care.”

Social rehabilitation of children victims of trafficking in human beings shall be implemented based on specifically designed programs guided by provisions of the Articles 15.4 and 16.1 of this Law and of the Law of The Republic of Azerbaijan on Prevention of Neglecting Children and Violations by Minors.

Protection of victims 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:

To ensure the security of the persons injured by the human trafficking until complete prevention of the danger as defined in the laws of Azerbaijan Republic on state protection of the persons who took part in the criminal process and the law on Combating trafficking in human beings.

Implementation of protection of rights and interests of the victims of human trafficking and the citizens of Azerbaijan Republic will be continued by the diplomatic representations and consulate offices of Azerbaijan Republic in foreign countries in accordance with the legislation of the country in which they are situated.

The social rehabilitation and reintegration of the victims of human trafficking is implemented with the purpose of returning them into normal life style andit is envisaged to provide legal assistance to the victims of human trafficking, to take measures for their continuing their education, their psychological, medical and professional rehabilitation, use of possibilities to provide those persons with employment and living area.

While conducting social rehabilitation of the victims of human trafficking, it is not allowed to restrict the human rights and rights of citizens defined in the Constitution of Azerbaijan Republic, laws and the international agreements that its is the party of and to apply rehabilitation measures against the their wills, and the sex, age and demands of the victims, especially children and as well as their needs for asylum, education and care are taken into account.

Based on the application of the authority of criminal prosecution, the state authorities within their own competencies and the asylums and assistance centers within the framework of their functions will continue to provide assistances to the victims of human trafficking.

It is envisaged to take relevant measures in the direction of establishment of social rehabilitation, social service and assistance centers for the victims of human trafficking in the regions and provision of legal, medical, psychological, social and other services to them, to take measures for study of social-psychological aspects of the problem of human trafficking in the regions, identification and prevention of the reasons creating such cases, to continue provision of medical assistances in stationary and ambulatory institutions allocated for the victims and potential victims of human trafficking, recruitment of various qualified specialists to such institutions in the case of necessity.

It was envisaged to increase the number of specialists responsible for provision of medical, psychological and other assistances to the victims in special institutions for the victims of human trafficking (asylum and assistance centers) and to conduct relevant training for them Increase of the competitiveness of the victims, also potential victims of the trafficking in human beings in the labor market, organization of the courses directed to their mastering new professions, taking measures in the direction of settlement of employment problem.

The works will be continued in the direction of attraction of non-governmental organizations to organization of special institutions for the victims of human trafficking, provision of legal assistances to the victims and their social rehabilitation.

The interests of the child being the victim or potential victim of human trafficking should be preferred while providing them assistance, and according to the laws of Azerbaijan Republic “on Combating trafficking in human beings” and “Child rights”, the UN Convention on “Child Rights”, as well as the other laws of Azerbaijan Republic and the international agreement that it is the party of, relevant measures should be taken for protection of rights and legal interests of the child. The social rehabilitation of the children being the victims of human trafficking will be implemented based on specially designed programs by directing to the provisions of the legislation on prophylaxis of negligence of underage and law violations along with these normative legal acts.

The authorities of guardianship and patronage, the commissions for affairs of the underage and protection of their rights will take relevant measures by taking close part in implementation of social rehabilitation and protection of the rights and interests of the children being the victims and potential victims of human trafficking in accordance with the legislation.

It is envisaged to take measures in respect to provision of social legal and social psychological services and social consultation assistances to the children being under patronage of the state in order to include them in the risk group of human trafficking after reaching the mature age, organization of the education of the children living in temporary asylums in those places in order to ensure their security depending o their psychological social situations, to take measures for prevention of the children being the victims of human trafficking undergoing to discrimination during getting education in secondary educational institutions, to conduct monitoring in respect to deviation of children from education and their negligence, to take measures for rehabilitation of the socially vulnerable children deviating from the education.

Monitoring will be conducted in respect to children being adopted or given under patronage and guardianship in the families and monitoring groups will be established in the places for this purpose, measures will be taken for provision of the children not having ID cards with relevant documents, in the direction of formation of social affairs institution working with children.

Protection of victims 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

13.4. Rehabilitation and reintegration of the victims of human trafficking

13.4.1.

To take relevant measures in the direction of establishment of social rehabilitation, social service and assistance centers for the victims of human trafficking in the regions  and provision of legal, medical, psychological, social and other services to them

The Ministry of Labor and Social Protection of Population, The State Committee for Family, Woman and Child Problems, The Ministry of Health, The Ministry of Internal Affairs, local executive power authorities

2014-2017

13.4.2.

To take measures for study of social-psychological aspects of the problem of human trafficking in the regions, identification and prevention of the reasons creating such cases

The Ministry of Labor and Social Protection of Population, The State Committee for Family, Woman and Child Problems, The Ministry of Education, The Ministry of Internal Affairs, the commissions for affairs of the underage and protection of their rights

2014-2016

13.4.3.

To continue provision of medical assistances in stationary and ambulatory institutions allocated for the victims and potential victims of human trafficking, recruitment of various qualified specialists to such institutions in the case of necessity

The Ministry of Health

regular

13.4.4.

To increase the number of specialists responsible for provision of medical, psychological and other assistances to the victims in special institutions for the victims of human trafficking (asylum and assistance centers) and to conduct relevant training for them

The Ministry of Labor and Social Protection of Population, The Ministry of Internal Affairs, The State Committee for Family, Woman and Child Problems, The Ministry of Health, The Ministry of Education

2014 -2017

13.4.5.

Increase of the competitiveness of the victims, also potential victims of the trafficking in human beings in the labor market, organization of the courses directed to their mastering new professions, taking measures in the direction of settlement of employment problem.

 

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

regular

13.4.6.

To continue the works of attracting the non-governmental organizations acting in the field of prevention of human trafficking to organization of activities of special entities for the victims of human trafficking, provision of legal assistance to the victims and their social rehabilitation

The Ministry of Labor and Social Protection of Population, The State Committee for Family, Woman and Child Problems, The Ministry of Internal Affairs, The Ministry of Education, The Ministry of Health

regular

13.5. Improvement of assistances provided for the children being the victim or potential victim of the human trafficking and their protection

13.5.1.

Protection of the rights and interests of the children being victims or potential victims of human trafficking by the authorities of guardianship and patronage and the commissions for affairs of the underage and protection of their rights, implementation of their social rehabilitation

The authorities of guardianship and patronage, the commissions for affairs of the underage and protection of their rights

regular

13.5.2.

Ensuring the possibilities to the children being the victim of the human trafficking to continue their education, to strengthen measures for their adoption to the secondary educational institutions on their place of temporary residence

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

regular

13.5.3.

Provision of social legal and social psychological services and social consultation assistances to the children being under patronage of the state in order to include them in the risk group of human trafficking after reaching the mature age

The Ministry of Labor and Social Protection of Population, The State Committee for Family, Woman and Child Problems, The Ministry of Education, The Ministry of Health

regular

13.5.4.

Organization of the education of the children living in temporary asylums in those places in order to ensure their security depending of their psychological social situations

The Ministry of Education, The State Committee for Family, Woman and Child Problems, The Ministry of Labor and Social Protection of Population

regular

13.5.5.

To take measures for prevention of the children being the victims of human trafficking undergoing to discrimination during getting education in secondary educational institutions

The Ministry of Education, The State Committee for Family, Woman and Child Problems, The Ministry of Labor and Social Protection of Population

regular

13.5.6.

To conduct monitoring in respect to deviation of children from education and their negligence, to take measures for rehabilitation of the socially vulnerable children deviating from the education

The Ministry of Education, The State Committee for Family, Woman and Child Problems, The Ministry of Labor and Social Protection of Population, The Ministry of Internal Affairs, local executive power authorities, by involving the related non-governmental organizations

2014-2016

13.5.7.

To conduct monitoring of children being adopted or given under patronage and guardianship in the families and to establish monitoring groups in the places for this purpose

The State Committee for Family, Woman and Child Problems, The Ministry of Labor and Social Protection of Population, The Ministry of Education, local executive power authorities

2014-2016

13.5.8.

To take measures for provision of the children not having ID cards with relevant documents

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

regular

13.5.9.

To take relevant measures in the direction of formation of social institutions working with children

The Ministry of Labor and Social Protection of Population, The Ministry of Education, The State Committee for Family, Woman and Child Problems

2014-2016

13.6. Protection of the victims of trafficking in human beings

13.6.1.

To ensure the security of the persons injured by the human trafficking until complete prevention of the danger as defined in the laws of Azerbaijan Republic on state protection of the persons who took part in the criminal process and the law on Combating trafficking in human beings

The Ministry of Internal Affairs, State Security Service

regular

13.6.2.

Implementation of protection of rights and interests of the victims of human trafficking and the citizens of Azerbaijan Republic by the diplomatic representations and consulate offices of Azerbaijan Republic in foreign countries

The Ministry of Foreign Affairs

regular

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