Preamble
The
member States of the Council of Europe and the other Signatories hereto,
Considering
that the aim of the Council of Europe is to achieve a greater unity between its
members;
Considering
that trafficking in human beings constitutes a violation of human rights and an
offence to the dignity and the integrity of the human being;
Considering
that trafficking in human beings may result in slavery for victims;
Considering
that respect for victims’ rights, protection of victims and action to combat trafficking
in human beings must be the paramount objectives;
Considering
that all actions or initiatives against trafficking in human beings must be
non-discriminatory, take gender equality into account as well as a child-rights
approach;
Recalling
the declarations by the Ministers for Foreign Affairs of the Member States at
the 112th (14-15 May 2003) and the 114th (12-13 May 2004) Sessions of
the Committee of Ministers calling for reinforced action by the Council of
Europe on trafficking in human beings;
Bearing
in mind the Convention for the Protection of Human Rights and Fundamental
Freedoms (1950) and its protocols;
Bearing
in mind the following recommendations of the Committee of Ministers to member
states of the Council of Europe: Recommendation No. R (91) 11 on sexual
exploitation, pornography and prostitution of, and trafficking in, children and
young adults; Recommendation No. R (97) 13 concerning intimidation of witnesses
and the rights of the defence; Recommendation No. R (2000) 11 on action
against trafficking in human beings for the purpose of sexual exploitation and
Recommendation Rec (2001) 16 on the protection of children against sexual
exploitation; Recommendation Rec (2002) 5 on the protection of women against
violence;
Bearing
in mind the following recommendations of the Parliamentary Assembly of the
Council of Europe: Recommendation 1325 (1997) on traffic in women and forced
prostitution in Council of Europe member states; Recommendation 1450 (2000) on
violence against women in Europe; Recommendation 1545 (2002) on a campaign
against trafficking in women; Recommendation 1610 (2003) on migration connected
with trafficking in women and prostitution; Recommendation 1611 (2003) on
trafficking in organs in Europe; Recommendation 1663 (2004) Domestic slavery:
servitude, au pairs and mail-order brides;
Bearing
in mind the European Union Council Framework Decision of 19 July 2002 on
combating trafficking in human beings the European Union Council Framework
Decision of 15 March 2001 on the standing of victims in criminal proceedings
and the European Union Council Directive of 29 April 2004 on the residence
permit issued to third-country nationals who are victims of trafficking in
human beings or who have been the subject of an action to facilitate illegal
immigration, who cooperate with the competent authorities;
Taking
due account of the United Nations Convention against Transnational Organized
Crime and the Protocol thereto to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children with a view to improving the protection
which they afford and developing the standards established by them;
Taking
due account of the other international legal instruments relevant in the field
of action against trafficking in human beings;
Taking
into account the need to prepare a comprehensive international legal instrument
focusing on the human rights of victims of trafficking and setting up a
specific monitoring mechanism,
Have
agreed as follows:
Chapter I –
Purposes, scope, non-discrimination principle and definitions
Article 1 – Purposes of the Convention
1 The
purposes of this Convention are:
a to
prevent and combat trafficking in human beings, while guaranteeing gender
equality
b to
protect the human rights of the victims of trafficking, design a comprehensive
framework for the protection and assistance of victims and witnesses, while
guaranteeing gender equality, as well as to ensure effective investigation and
prosecution;
c to
promote international cooperation on action against trafficking in human
beings.
2 In
order to ensure effective implementation of its provisions by the Parties, this
Convention sets up a specific monitoring mechanism.
Article 2 – Scope
This
Convention shall apply to all forms of trafficking in human beings, whether
national or transnational, whether or not connected with organised crime.
Article 3 – Non-discrimination principle
The
implementation of the provisions of this Convention by Parties, in particular
the enjoyment of measures to protect and promote the rights of victims, shall
be secured without discrimination on any ground such as sex, race, colour,
language, religion, political or other opinion, national or social origin,
association with a national minority, property, birth or other status.
Article 4 – Definitions
For
the purposes of this Convention :
a "Trafficking
in human beings" shall mean the recruitment, transportation, transfer,
harbouring or receipt of persons, by means of the threat or use of force or
other forms of coercion, of abduction, of fraud, of deception, of the abuse of
power or of a position of vulnerability or of the giving or receiving of
payments or benefits to achieve the consent of a person having control over another
person, for the purpose of exploitation. Exploitation shall include, at a
minimum, the exploitation of the prostitution of others or other forms of
sexual exploitation, forced labour or services, slavery or practices similar to
slavery, servitude or the removal of organs;
b The
consent of a victim of “trafficking in human beings” to the intended
exploitation set forth in subparagraph (a) of this article shall be irrelevant
where any of the means set forth in subparagraph (a) have been used;
c The
recruitment, transportation, transfer, harbouring or receipt of a child for the
purpose of exploitation shall be considered "trafficking in human
beings" even if this does not involve any of the means set forth in
subparagraph (a) of this article;
d "Child"
shall mean any person under eighteen years of age;
e "Victim"
shall mean any natural person who is subject to trafficking in human beings as
defined in this article.
Chapter II –
Prevention, co-operation and other measures
Article 5 – Prevention of trafficking in human beings
1 Each
Party shall take measures to establish or strengthen national co-ordination
between the various bodies responsible for preventing and combating trafficking
in human beings.
2 Each
Party shall establish and/or strengthen effective policies and programmes to
prevent trafficking in human beings, by such means as: research, information,
awareness raising and education campaigns, social and economic initiatives and
training programmes, in particular for persons vulnerable to trafficking and
for professionals concerned with trafficking in human beings.
3 Each
Party shall promote a Human Rights-based approach and shall use gender
mainstreaming and a child-sensitive approach in the development, implementation
and assessment of all the policies and programmes referred to in paragraph 2.
4 Each
Party shall take appropriate measures, as may be necessary, to enable migration
to take place legally, in particular through dissemination of accurate
information by relevant offices, on the conditions enabling the legal entry in
and stay on its territory.
5 Each
Party shall take specific measures to reduce children’s vulnerability to
trafficking, notably by creating a protective environment for them.
6 Measures
established in accordance with this article shall involve, where appropriate,
non-governmental organisations, other relevant organisations and other elements
of civil society committed to the prevention of trafficking in human beings and
victim protection or assistance.
Article 6 – Measures to discourage the demand
To
discourage the demand that fosters all forms of exploitation of persons,
especially women and children, that leads to trafficking, each Party shall
adopt or strengthen legislative, administrative, educational, social, cultural
or other measures including:
a research
on best practices, methods and strategies;
b raising
awareness of the responsibility and important role of media and civil society
in identifying the demand as one of the root causes of trafficking in human
beings;
c target
information campaigns involving, as appropriate, inter alia, public authorities
and policy makers;
d preventive
measures, including educational programmes for boys and girls during their
schooling, which stress the unacceptable nature of discrimination based on sex,
and its disastrous consequences, the importance of gender equality and the
dignity and integrity of every human being.
Article 7 – Border measures
1 Without
prejudice to international commitments in relation to the free movement of
persons, Parties shall strengthen, to the extent possible, such border controls
as may be necessary to prevent and detect trafficking in human beings.
2 Each
Party shall adopt legislative or other appropriate measures to prevent, to the
extent possible, means of transport operated by commercial carriers from being
used in the commission of offences established in accordance with this
Convention.
3 Where
appropriate, and without prejudice to applicable international conventions,
such measures shall include establishing the obligation of commercial carriers,
including any transportation company or the owner or operator of any means of
transport, to ascertain that all passengers are in possession of the travel
documents required for entry into the receiving State.
4 Each
Party shall take the necessary measures, in accordance with its internal law,
to provide for sanctions in cases of violation of the obligation set forth in
paragraph 3 of this article.
5 Each
Party shall adopt such legislative or other measures as may be necessary to
permit, in accordance with its internal law, the denial of entry or revocation
of visas of persons implicated in the commission of offences established in
accordance with this Convention.
6 Parties
shall strengthen co-operation among border control agencies by, inter alia,
establishing and maintaining direct channels of communication.
Article 8 – Security and control of documents
Each
Party shall adopt such measures as may be necessary:
a To
ensure that travel or identity documents issued by it are of such quality that
they cannot easily be misused and cannot readily be falsified or unlawfully
altered, replicated or issued; and
b To
ensure the integrity and security of travel or identity documents issued by or
on behalf of the Party and to prevent their unlawful creation and issuance.
Article 9 – Legitimacy and validity of documents
At
the request of another Party, a Party shall, in accordance with its internal law,
verify within a reasonable time the legitimacy and validity of travel or
identity documents issued or purported to have been issued in its name and
suspected of being used for trafficking in human beings.
Chapter III
– Measures to protect and promote the rights of victims, guaranteeing gender
equality
Article 10 – Identification of the victims
1 Each
Party shall provide its competent authorities with persons who are trained and
qualified in preventing and combating trafficking in human beings, in identifying
and helping victims, including children, and shall ensure that the different
authorities collaborate with each other as well as with relevant support
organisations, so that victims can be identified in a procedure duly taking
into account the special situation of women and child victims and, in
appropriate cases, issued with residence permits under the conditions provided
for in Article 14 of the present Convention.
2 Each
Party shall adopt such legislative or other measures as may be necessary to
identify victims as appropriate in collaboration with other Parties and
relevant support organisations. Each Party shall ensure that, if the competent
authorities have reasonable grounds to believe that a person has been victim of
trafficking in human beings, that person shall not be removed from its
territory until the identification process as victim of an offence provided for
in Article 18 of this Convention has been completed by the competent
authorities and shall likewise ensure that that person receives the assistance
provided for in Article 12, paragraphs 1 and 2.
3 When
the age of the victim is uncertain and there are reasons to believe that the
victim is a child, he or she shall be presumed to be a child and shall be
accorded special protection measures pending verification of his/her age.
4 As
soon as an unaccompanied child is identified as a victim, each Party shall:
a provide
for representation of the child by a legal guardian, organisation or authority
which shall act in the best interests of that child;
b take
the necessary steps to establish his/her identity and nationality;
c make
every effort to locate his/her family when this is in the best interests of the
child.
Article 11 – Protection of private life
1 Each
Party shall protect the private life and identity of victims. Personal data
regarding them shall be stored and used in conformity with the conditions
provided for by the Convention for the Protection of Individuals with regard to
Automatic Processing of Personal Data (ETS No. 108).
2 Each
Party shall adopt measures to ensure, in particular, that the identity, or
details allowing the identification, of a child victim of trafficking are not
made publicly known, through the media or by any other means, except, in exceptional
circumstances, in order to facilitate the tracing of family members or
otherwise secure the well-being and protection of the child.
3 Each
Party shall consider adopting, in accordance with Article 10 of the Convention
for the Protection of Human Rights and Fundamental Freedoms as interpreted by
the European Court of Human Rights, measures aimed at encouraging the media to
protect the private life and identity of victims through self-regulation or
through regulatory or co-regulatory measures.
Article 12 – Assistance to victims
1 Each
Party shall adopt such legislative or other measures as may be necessary to
assist victims in their physical, psychological and social recovery. Such
assistance shall include at least:
a standards
of living capable of ensuring their subsistence, through such measures as:
appropriate and secure accommodation, psychological and material assistance;
b access
to emergency medical treatment;
c translation
and interpretation services, when appropriate;
d counselling
and information, in particular as regards their legal rights and the services
available to them, in a language that they can understand;
e assistance
to enable their rights and interests to be presented and considered at
appropriate stages of criminal proceedings against offenders;
f access
to education for children.
2 Each
Party shall take due account of the victim’s safety and protection needs.
3 In
addition, each Party shall provide necessary medical or other assistance to
victims lawfully resident within its territory who do not have adequate
resources and need such help.
4 Each
Party shall adopt the rules under which victims lawfully resident within its
territory shall be authorised to have access to the labour market, to vocational
training and education.
5 Each
Party shall take measures, where appropriate and under the conditions provided
for by its internal law, to co-operate with non-governmental organisations,
other relevant organisations or other elements of civil society engaged in
assistance to victims.
6 Each
Party shall adopt such legislative or other measures as may be necessary to
ensure that assistance to a victim is not made conditional on his or her
willingness to act as a witness.
7 For
the implementation of the provisions set out in this article, each Party shall
ensure that services are provided on a consensual and informed basis, taking
due account of the special needs of persons in a vulnerable position and the
rights of children in terms of accommodation, education and appropriate health
care.
Article 13 – Recovery and reflection period
1 Each
Party shall provide in its internal law a recovery and reflection period of at
least 30 days, when there are reasonable grounds to believe that the person concerned
is a victim. Such a period shall be sufficient for the person concerned to
recover and escape the influence of traffickers and/or to take an informed
decision on cooperating with the competent authorities. During this period it
shall not be possible to enforce any expulsion order against him or her. This
provision is without prejudice to the activities carried out by the competent
authorities in all phases of the relevant national proceedings, and in
particular when investigating and prosecuting the offences concerned. During
this period, the Parties shall authorise the persons concerned to stay in their
territory.
2 During
this period, the persons referred to in paragraph 1 of this Article shall be
entitled to the measures contained in Article 12, paragraphs 1 and 2.
3 The
Parties are not bound to observe this period if grounds of public order prevent
it or if it is found that victim status is being claimed improperly.
Article 14 – Residence permit
1 Each
Party shall issue a renewable residence permit to victims, in one or other of
the two following situations or in both:
a the
competent authority considers that their stay is necessary owing to their
personal situation;
b the
competent authority considers that their stay is necessary for the purpose of
their co-operation with the competent authorities in investigation or criminal
proceedings.
2 The
residence permit for child victims, when legally necessary, shall be issued in
accordance with the best interests of the child and, where appropriate, renewed
under the same conditions.
3 The
non-renewal or withdrawal of a residence permit is subject to the conditions
provided for by the internal law of the Party.
4 If
a victim submits an application for another kind of residence permit, the Party
concerned shall take into account that he or she holds, or has held, a
residence permit in conformity with paragraph 1.
5 Having
regard to the obligations of Parties to which Article 40 of this Convention
refers, each Party shall ensure that granting of a permit according to this
provision shall be without prejudice to the right to seek and enjoy asylum.
Article 15 – Compensation and legal redress
1 Each
Party shall ensure that victims have access, as from their first contact with
the competent authorities, to information on relevant judicial and
administrative proceedings in a language which they can understand.
2 Each
Party shall provide, in its internal law, for the right to legal assistance and
to free legal aid for victims under the conditions provided by its internal
law.
3 Each
Party shall provide, in its internal law, for the right of victims to
compensation from the perpetrators.
4 Each
Party shall adopt such legislative or other measures as may be necessary to
guarantee compensation for victims in accordance with the conditions under its
internal law, for instance through the establishment of a fund for victim
compensation or measures or programmes aimed at social assistance and social
integration of victims, which could be funded by the assets resulting from the
application of measures provided in Article 23.
Article 16 – Repatriation and return of victims
1 The
Party of which a victim is a national or in which that person had the right of
permanent residence at the time of entry into the territory of the receiving
Party shall, with due regard for his or her rights, safety and dignity,
facilitate and accept, his or her return without undue or unreasonable delay.
2 When
a Party returns a victim to another State, such return shall be with due regard
for the rights, safety and dignity of that person and for the status of any
legal proceedings related to the fact that the person is a victim, and shall
preferably be voluntary.
3 At
the request of a receiving Party, a requested Party shall verify whether a
person is its national or had the right of permanent residence in its territory
at the time of entry into the territory of the receiving Party.
4 In
order to facilitate the return of a victim who is without proper documentation,
the Party of which that person is a national or in which he or she had the
right of permanent residence at the time of entry into the territory of the
receiving Party shall agree to issue, at the request of the receiving Party,
such travel documents or other authorisation as may be necessary to enable the
person to travel to and re-enter its territory.
5 Each
Party shall adopt such legislative or other measures as may be necessary to establish
repatriation programmes, involving relevant national or international
institutions and non governmental organisations. These programmes aim at
avoiding re-victimisation. Each Party should make its best effort to favour the
reintegration of victims into the society of the State of return, including
reintegration into the education system and the labour market, in particular
through the acquisition and improvement of their professional skills. With
regard to children, these programmes should include enjoyment of the right to
education and measures to secure adequate care or receipt by the family or
appropriate care structures.
6 Each
Party shall adopt such legislative or other measures as may be necessary to
make available to victims, where appropriate in co-operation with any other
Party concerned, contact information of structures that can assist them in the
country where they are returned or repatriated, such as law enforcement
offices, non-governmental organisations, legal professions able to provide
counselling and social welfare agencies.
7 Child
victims shall not be returned to a State, if there is indication, following a
risk and security assessment, that such return would not be in the best
interests of the child.
Article 17 – Gender equality
Each
Party shall, in applying measures referred to in this chapter, aim to promote
gender equality and use gender mainstreaming in the development, implementation
and assessment of the measures.
Chapter IV –
Substantive criminal law
Article 18 – Criminalisation of trafficking in human beings
Each
Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences the conduct contained in article 4 of this
Convention, when committed intentionally.
Article 19 – Criminalisation of the use of services of a victim
Each
Party shall consider adopting such legislative and other measures as may be
necessary to establish as criminal offences under its internal law, the use of
services which are the object of exploitation as referred to in Article 4
paragraph a of this Convention, with the knowledge that the person is a victim
of trafficking in human beings.
Article 20 – Criminalisation of acts relating to travel or identity
documents
Each
Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences the following conducts, when committed
intentionally and for the purpose of enabling the trafficking in human beings:
a forging
a travel or identity document;
b procuring
or providing such a document;
c retaining,
removing, concealing, damaging or destroying a travel or identity document of
another person.
Article 21 – Attempt and aiding or abetting
1 Each
Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences when committed intentionally, aiding or abetting
the commission of any of the offences established in accordance with Articles
18 and 20 of the present Convention.
2 Each
Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences when committed intentionally, an attempt to
commit the offences established in accordance with Articles 18 and 20,
paragraph a, of this Convention.
Article 22 – Corporate liability
1 Each
Party shall adopt such legislative and other measures as may be necessary to
ensure that a legal person can be held liable for a criminal offence
established in accordance with this Convention, committed for its benefit by
any natural person, acting either individually or as part of an organ of the
legal person, who has a leading position within the legal person, based on:
a a
power of representation of the legal person;
b an authority to take decisions on behalf of the legal
person;
c an authority to exercise control within the legal person.
2 Apart
from the cases already provided for in paragraph 1, each Party shall take the
measures necessary to ensure that a legal person can be held liable where the
lack of supervision or control by a natural person referred to in paragraph 1
has made possible the commission of a criminal offence established in
accordance with this Convention for the benefit of that legal person by a
natural person acting under its authority.
3 Subject
to the legal principles of the Party, the liability of a legal person may be
criminal, civil or administrative.
4 Such
liability shall be without prejudice to the criminal liability of the natural
persons who have committed the offence.
Article 23 – Sanctions and measures
1 Each
Party shall adopt such legislative and other measures as may be necessary to
ensure that the criminal offences established in accordance with Articles 18 to
21 are punishable by effective, proportionate and dissuasive sanctions. These
sanctions shall include, for criminal offences established in accordance with
Article 18 when committed by natural persons, penalties involving deprivation
of liberty which can give rise to extradition.
2 Each
Party shall ensure that legal persons held liable in accordance with Article 22
shall be subject to effective, proportionate and dissuasive criminal or
non-criminal sanctions or measures, including monetary sanctions.
3 Each
Party shall adopt such legislative and other measures as may be necessary to
enable it to confiscate or otherwise deprive the instrumentalities and proceeds
of criminal offences established in accordance with Articles 18 and 20,
paragraph a, of this Convention, or property the value of which corresponds to
such proceeds.
4 Each
Party shall adopt such legislative or other measures as may be necessary to
enable the temporary or permanent closure of any establishment which was used
to carry out trafficking in human beings, without prejudice to the rights of bona
fide third parties or to deny the perpetrator, temporary or permanently,
the exercise of the activity in the course of which this offence was committed.
Article 24 – Aggravating circumstances
Each
Party shall ensure that the following circumstances are regarded as aggravating
circumstances in the determination of the penalty for offences established in
accordance with Article 18 of this Convention:
a the
offence deliberately or by gross negligence endangered the life of the victim;
b the offence was committed against a child;
c the offence was committed by a public official in the
performance of her/his duties;
d the offence was committed within the framework of a criminal
organisation.
Article 25 – Previous convictions
Each
Party shall adopt such legislative and other measures providing for the
possibility to take into account final sentences passed by another Party in
relation to offences established in accordance with this Convention when
determining the penalty.
Article 26 – Non-punishment provision
Each
Party shall, in accordance with the basic principles of its legal system,
provide for the possibility of not imposing penalties on victims for their
involvement in unlawful activities, to the extent that they have been compelled
to do so.
Chapter V –
Investigation, prosecution and procedural law
Article 27 – Ex parte and ex
officio applications
1 Each
Party shall ensure that investigations into or prosecution of offences
established in accordance with this Convention shall not be dependent upon the
report or accusation made by a victim, at least when the offence was committed
in whole or in part on its territory.
2 Each
Party shall ensure that victims of an offence in the territory of a Party other
than the one where they reside may make a complaint before the competent authorities
of their State of residence. The competent authority to which the complaint is
made, insofar as it does not itself have competence in this respect, shall
transmit it without delay to the competent authority of the Party in the
territory in which the offence was committed. The complaint shall be dealt with
in accordance with the internal law of the Party in which the offence was
committed.
3 Each
Party shall ensure, by means of legislative or other measures, in accordance
with the conditions provided for by its internal law, to any group, foundation,
association or non-governmental organisations which aims at fighting
trafficking in human beings or protection of human rights, the possibility to
assist and/or support the victim with his or her consent during criminal
proceedings concerning the offence established in accordance with Article 18 of
this Convention.
Article 28 – Protection of victims, witnesses and collaborators with the
judicial authorities
1 Each
Party shall adopt such legislative or other measures as may be necessary to
provide effective and appropriate protection from potential retaliation or
intimidation in particular during and after investigation and prosecution of
perpetrators, for:
a Victims;
b As
appropriate, those who report the criminal offences established in accordance
with Article 18 of this Convention or otherwise co-operate with the
investigating or prosecuting authorities;
c witnesses
who give testimony concerning criminal offences established in accordance with Article
18 of this Convention;
d when
necessary, members of the family of persons referred to in subparagraphs a and
c.
2 Each
Party shall adopt such legislative or other measures as may be necessary to
ensure and to offer various kinds of protection. This may include physical
protection, relocation, identity change and assistance in obtaining jobs.
3 A
child victim shall be afforded special protection measures taking into account
the best interests of the child.
4 Each
Party shall adopt such legislative or other measures as may be necessary to
provide, when necessary, appropriate protection from potential retaliation or
intimidation in particular during and after investigation and prosecution of
perpetrators, for members of groups, foundations, associations or
non-governmental organisations which carry out the activities set out in
Article 27, paragraph 3.
5 Each
Party shall consider entering into agreements or arrangements with other States
for the implementation of this article.
Article 29 – Specialised authorities and co-ordinating bodies
1 Each
Party shall adopt such measures as may be necessary to ensure that persons or
entities are specialised in the fight against trafficking and the protection of
victims. Such persons or entities shall have the necessary independence in
accordance with the fundamental principles of the legal system of the Party, in
order for them to be able to carry out their functions effectively and free
from any undue pressure. Such persons or the staffs of such entities shall have
adequate training and financial resources for their tasks.
2 Each
Party shall adopt such measures as may be necessary to ensure co-ordination of
the policies and actions of their governments’ departments and other public
agencies against trafficking in human beings, where appropriate, through
setting up co-ordinating bodies.
3 Each
Party shall provide or strengthen training for relevant officials in the
prevention of and fight against trafficking in human beings, including Human
Rights training. The training may be agency-specific and shall, as appropriate,
focus on: methods used in preventing such trafficking, prosecuting the
traffickers and protecting the rights of the victims, including protecting the
victims from the traffickers.
4 Each
Party shall consider appointing National Rapporteurs or other mechanisms for
monitoring the anti-trafficking activities of State institutions and the
implementation of national legislation requirements.
Article 30 – Court proceedings
In
accordance with the Convention for the Protection of Human Rights and
Fundamental Freedoms, in particular Article 6, each Party shall adopt such
legislative or other measures as may be necessary to ensure in the course of
judicial proceedings:
a the
protection of victims’ private life and, where appropriate, identity;
b victims’
safety and protection from intimidation,
in
accordance with the conditions under its internal law and, in the case of child
victims, by taking special care of children’s needs and ensuring their right to
special protection measures.
Article 31 – Jurisdiction
1 Each
Party shall adopt such legislative and other measures as may be necessary to
establish jurisdiction over any offence established in accordance with this
Convention, when the offence is committed:
a in
its territory; or
b on
board a ship flying the flag of that Party; or
c on
board an aircraft registered under the laws of that Party; or
d by
one of its nationals or by a stateless person who has his or her habitual
residence in its territory, if the offence is punishable under criminal law
where it was committed or if the offence is committed outside the territorial
jurisdiction of any State;
e against
one of its nationals.
2 Each
Party may, at the time of signature or when depositing its instrument of
ratification, acceptance, approval or accession, by a declaration addressed to
the Secretary General of the Council of Europe, declare that it reserves the
right not to apply or to apply only in specific cases or conditions the
jurisdiction rules laid down in paragraphs 1 (d) and (e) of this article or any
part thereof.
3 Each
Party shall adopt such measures as may be necessary to establish jurisdiction
over the offences referred to in this Convention, in cases where an alleged
offender is present in its territory and it does not extradite him/her to
another Party, solely on the basis of his/her nationality, after a request for
extradition.
4 When
more than one Party claims jurisdiction over an alleged offence established in
accordance with this Convention, the Parties involved shall, where appropriate,
consult with a view to determining the most appropriate jurisdiction for
prosecution.
5 Without
prejudice to the general norms of international law, this Convention does not
exclude any criminal jurisdiction exercised by a Party in accordance with
internal law.
Chapter VI –
International co-operation and co-operation with civil society
Article 32 – General principles and measures for international
co-operation
The
Parties shall co-operate with each other, in accordance with the provisions of
this Convention, and through application of relevant applicable international
and regional instruments, arrangements agreed on the basis of uniform or
reciprocal legislation and internal laws, to the widest extent possible, for
the purpose of:
– preventing
and combating trafficking in human beings;
– protecting
and providing assistance to victims;
– investigations
or proceedings concerning criminal offences established in accordance with this
Convention.
Article 33 – Measures relating to endangered or missing persons
1 When
a Party, on the basis of the information at its disposal has reasonable grounds
to believe that the life, the freedom or the physical integrity of a person
referred to in Article 28, paragraph 1, is in immediate danger on the territory
of another Party, the Party that has the information shall, in such a case of
emergency, transmit it without delay to the latter so as to take the
appropriate protection measures.
2 The
Parties to this Convention may consider reinforcing their co-operation in the
search for missing people, in particular for missing children, if the
information available leads them to believe that she/he is a victim of
trafficking in human beings. To this end, the Parties may conclude bilateral or
multilateral treaties with each other.
Article 34 – Information
1 The
requested Party shall promptly inform the requesting Party of the final result
of the action taken under this chapter. The requested Party shall also promptly
inform the requesting Party of any circumstances which render impossible the
carrying out of the action sought or are likely to delay it significantly.
2 A
Party may, within the limits of its internal law, without prior request,
forward to another Party information obtained within the framework of its own
investigations when it considers that the disclosure of such information might
assist the receiving Party in initiating or carrying out investigations or
proceedings concerning criminal offences established in accordance with this
Convention or might lead to a request for co-operation by that Party under this
chapter.
3 Prior
to providing such information, the providing Party may request that it be kept
confidential or used subject to conditions. If the receiving Party cannot
comply with such request, it shall notify the providing Party, which shall then
determine whether the information should nevertheless be provided. If the
receiving Party accepts the information subject to the conditions, it shall be
bound by them.
4 All
information requested concerning Articles 13, 14 and 16, necessary to provide
the rights conferred by these articles, shall be transmitted at the request of
the Party concerned without delay with due respect to Article 11 of the present
Convention.
Article 35 – Co-operation with civil society
Each
Party shall encourage state authorities and public officials, to co-operate
with non-governmental organisations, other relevant organisations and members
of civil society, in establishing strategic partnerships with the aim of
achieving the purpose of this Convention.
Chapter VII
– Monitoring mechanism
Article 36 – Group of experts on action against trafficking in human beings
1 The
Group of experts on action against trafficking in human beings (hereinafter
referred to as "GRETA"), shall monitor the implementation of this
Convention by the Parties.
2 GRETA
shall be composed of a minimum of 10 members and a maximum of 15 members,
taking into account a gender and geographical balance, as well as a
multidisciplinary expertise. They shall be elected by the Committee of the
Parties for a term of office of 4 years, renewable once, chosen from amongst
nationals of the States Parties to this Convention.
3 The
election of the members of GRETA shall be based on the following principles:
a they
shall be chosen from among persons of high moral character, known for their
recognised competence in the fields of Human Rights, assistance and protection
of victims and of action against trafficking in human beings or having
professional experience in the areas covered by this Convention;
b they
shall sit in their individual capacity and shall be independent and impartial
in the exercise of their functions and shall be available to carry out their
duties in an effective manner;
c no
two members of GRETA may be nationals of the same State;
d they
should represent the main legal systems.
4 The
election procedure of the members of GRETA shall be determined by the Committee
of Ministers, after consulting with and obtaining the unanimous consent of the
Parties to the Convention, within a period of one year following the entry into
force of this Convention. GRETA shall adopt its own rules of procedure.
Article 37 – Committee of the Parties
1 The
Committee of the Parties shall be composed of the representatives on the
Committee of Ministers of the Council of Europe of the member States Parties to
the Convention and representatives of the Parties to the Convention, which are
not members of the Council of Europe.
2 The
Committee of the Parties shall be convened by the Secretary General of the
Council of Europe. Its first meeting shall be held within a period of one year
following the entry into force of this Convention in order to elect the members
of GRETA. It shall subsequently meet whenever one-third of the Parties, the
President of GRETA or the Secretary General so requests.
3 The
Committee of the Parties shall adopt its own rules of procedure.
Article 38 – Procedure
1 The
evaluation procedure shall concern the Parties to the Convention and be divided
in rounds, the length of which is determined by GRETA. At the beginning of each
round GRETA shall select the specific provisions on which the evaluation
procedure shall be based.
2 GRETA
shall define the most appropriate means to carry out this evaluation. GRETA may
in particular adopt a questionnaire for each evaluation round, which may serve
as a basis for the evaluation of the implementation by the Parties of the
present Convention. Such a questionnaire shall be addressed to all Parties.
Parties shall respond to this questionnaire, as well as to any other request of
information from GRETA.
3 GRETA
may request information from civil society.
4 GRETA
may subsidiarily organise, in co-operation with the national authorities and
the “contact person” appointed by the latter, and, if necessary, with the
assistance of independent national experts, country visits. During these
visits, GRETA may be assisted by specialists in specific fields.
5 GRETA
shall prepare a draft report containing its analysis concerning the
implementation of the provisions on which the evaluation is based, as well as
its suggestions and proposals concerning the way in which the Party concerned
may deal with the problems which have been identified. The draft report shall
be transmitted for comments to the Party which undergoes the evaluation. Its
comments are taken into account by GRETA when establishing its report.
6 On
this basis, GRETA shall adopt its report and conclusions concerning the
measures taken by the Party concerned to implement the provisions of the
present Convention. This report and conclusions shall be sent to the Party
concerned and to the Committee of the Parties. The report and conclusions of
GRETA shall be made public as from their adoption, together with eventual
comments by the Party concerned.
7 Without
prejudice to the procedure of paragraphs 1 to 6 of this article, the Committee
of the Parties may adopt, on the basis of the report and conclusions of GRETA,
recommendations addressed to this Party (a) concerning the measures to be taken
to implement the conclusions of GRETA, if necessary setting a date for
submitting information on their implementation, and (b) aiming at promoting
co-operation with that P>arty for the proper implementation of the present
Convention.
Chapter VIII
– Relationship with other international instruments
Article 39 – Relationship with the Protocol to prevent, suppress and
punish trafficking in persons, especially women and children, supplementing the
United Nations Convention against transnational organised crime
This
Convention shall not affect the rights and obligations derived from the provisions
of the Protocol to prevent, suppress and punish trafficking in persons,
especially women and children, supplementing the United Nations Convention
against transnational organised crime, and is intended to enhance the
protection afforded by it and develop the standards contained therein.
Article 40 – Relationship with other international instruments
1 This
Convention shall not affect the rights and obligations derived from other
international instruments to which Parties to the present Convention are Parties
or shall become Parties and which contain provisions on matters governed by
this Convention and which ensure greater protection and assistance for victims
of trafficking.
2 The
Parties to the Convention may conclude bilateral or multilateral agreements
with one another on the matters dealt with in this Convention, for purposes of
supplementing or strengthening its provisions or facilitating the application
of the principles embodied in it.
3 Parties
which are members of the European Union shall, in their mutual relations, apply
Community and European Union rules in so far as there are Community or European
Union rules governing the particular subject concerned and applicable to the
specific case, without prejudice to the object and purpose of the present
Convention and without prejudice to its full application with other Parties. (1)
4 Nothing
in this Convention shall affect the rights, obligations and responsibilities of
States and individuals under international law, including international
humanitarian law and international human rights law and, in particular, where
applicable, the 1951 Convention and the 1967 Protocol relating to the Status of
Refugees and the principle of non-refoulement as contained therein.
Chapter IX –
Amendments to the Convention
Article 41 – Amendments
1 Any
proposal for an amendment to this Convention presented by a Party shall be
communicated to the Secretary General of the Council of Europe and forwarded by
him or her to the member States of the Council of Europe, any signatory, any
State Party, the European Community, to any State invited to sign this
Convention in accordance with the provisions of Article 42 and to any State
invited to accede to this Convention in accordance with the provisions of
Article 43.
2 Any
amendment proposed by a Party shall be communicated to GRETA, which shall
submit to the Committee of Ministers its opinion on that proposed amendment.
3 The
Committee of Ministers shall consider the proposed amendment and the opinion
submitted by GRETA and, following consultation of the Parties to this
Convention and after obtaining their unanimous consent, may adopt the
amendment.
4 The
text of any amendment adopted by the Committee of Ministers in accordance with
paragraph 3 of this article shall be forwarded to the Parties for acceptance.
5 Any
amendment adopted in accordance with paragraph 3 of this article shall enter
into force on the first day of the month following the expiration of a period
of one month after the date on which all Parties have informed the Secretary
General that they have accepted it.
Chapter X –
Final clauses
Article 42 – Signature and entry into force
1 This
Convention shall be open for signature by the member States of the Council of
Europe, the non member States which have participated in its elaboration and
the European Community.
2 This
Convention is subject to ratification, acceptance or approval. Instruments of
ratification, acceptance or approval shall be deposited with the Secretary
General of the Council of Europe.
3 This
Convention shall enter into force on the first day of the month following the
expiration of a period of three months after the date on which 10 Signatories,
including at least 8 member States of the Council of Europe, have expressed
their consent to be bound by the Convention in accordance with the provisions
of the preceding paragraph.
4 In
respect of any State mentioned in paragraph 1 or the European Community, which
subsequently expresses its consent to be bound by it, the Convention shall
enter into force on the first day of the month following the expiration of a
period of three months after the date of the deposit of its instrument of
ratification, acceptance or approval.
Article 43 – Accession to the Convention
1 After
the entry into force of this Convention, the Committee of Ministers of the
Council of Europe may, after consultation of the Parties to this Convention and
obtaining their unanimous consent, invite any non-member State of the Council
of Europe, which has not participated in the elaboration of the Convention, to
accede to this Convention by a decision taken by the majority provided for in
Article 20 d. of the Statute of the Council of Europe, and by unanimous vote of
the representatives of the Contracting States entitled to sit on the Committee
of Ministers.
2 In
respect of any acceding State, the Convention shall enter into force on the
first day of the month following the expiration of a period of three months
after the date of deposit of the instrument of accession with the Secretary
General of the Council of Europe.
Article 44 – Territorial application
1 Any
State or the European Community may, at the time of signature or when
depositing its instrument of ratification, acceptance, approval or accession,
specify the territory or territories to which this Convention shall apply.
2 Any
Party may, at any later date, by a declaration addressed to the Secretary
General of the Council of Europe, extend the application of this Convention to
any other territory specified in the declaration and for whose international
relations it is responsible or on whose behalf it is authorised to give undertakings.
In respect of such territory, the Convention shall enter into force on the
first day of the month following the expiration of a period of three months
after the date of receipt of such declaration by the Secretary General.
3 Any
declaration made under the two preceding paragraphs may, in respect of any
territory specified in such declaration, be withdrawn by a notification
addressed to the Secretary General of the Council of Europe. The withdrawal
shall become effective on the first day of the month following the expiration
of a period of three months after the date of receipt of such notification by
the Secretary General.
Article 45 – Reservations
No
reservation may be made in respect of any provision of this Convention, with
the exception of the reservation of Article 31, paragraph 2.
Article 46 – Denunciation
1 Any
Party may, at any time, denounce this Convention by means of a notification
addressed to the Secretary General of the Council of Europe.
2 Such
denunciation shall become effective on the first day of the month following the
expiration of a period of three months after the date of receipt of the
notification by the Secretary General.
Article 47 – Notification
The
Secretary General of the Council of Europe shall notify the member States of
the Council of Europe, any State signatory, any State Party, the European
Community, to any State invited to sign this Convention in accordance with the
provisions of Article 42 and to any State invited to accede to this Convention
in accordance with the provisions of Article 43 of:
a any
signature;
b the
deposit of any instrument of ratification, acceptance, approval or accession;
c any
date of entry into force of this Convention in accordance with Articles 42 and
43;
d any
amendment adopted in accordance with Article 41 and the date on which such an
amendment enters into force;
e any
denunciation made in pursuance of the provisions of Article 46;
f any
other act, notification or communication relating to this Convention,
g any
reservation made under Article 45.
In
witness whereof the undersigned, being duly authorised thereto, have signed
this Convention.
Done
at Warsaw, this 16th day of May 2005, in English and in French, both
texts being equally authentic, in a single copy which shall be deposited in the
archives of the Council of Europe. The Secretary General of the Council of
Europe shall transmit certified copies to each member State of the Council of
Europe, to the non-member States which have participated in the elaboration of
this Convention, to the European Community and to any State invited to accede
to this Convention.
