prop · GX03152 · 2010-03-23 00:00:00 — 4Each Party shall adopt such legislative or other measures as may be necessary to enable the temporary or permanent closure of any 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. CETS 197 Action against Trafficking in Human Beings, 16.V.2005 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 1Each 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. 2Each 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 . 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. 3Each 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 1Each 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: bAs 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; cwitnesses who give testimony concerning criminal offences established in accordance with Article 18 of this Convention; CETS 197 Action against Trafficking in Human Beings, 16.V.2005 dwhen necessary, members of the family of persons referred to in subparagraphs a and c. 2Each 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. 3A child victim shall be afforded special protection measures taking into account the best interests of the child. 4Each 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. 5Each 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 1Each 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. 2Each 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. 3Each 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. 4Each 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; CETS 197 Action against Trafficking in Human Beings, 16.V.2005 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 childrens needs and ensuring their right to special protection measures. 1Each 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 dby one of its nationals or by a stateless person who has his or her habitual 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; eagainst one of its nationals. 2Each 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 , 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. 3Each 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. 4When 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. 5Without 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; CETS 197 Action against Trafficking in Human Beings, 16.V.2005 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 1When 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. 2The 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. 1The 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. 2A 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. 3Prior 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. 4All 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. CETS 197 Action against Trafficking in Human Beings, 16.V.2005 Chapter VII Monitoring mechanism Article 36 Group of experts on action against trafficking in human beings 1The Group of experts on action against trafficking in human beings (hereinafter referred to as ), shall monitor the implementation of this Convention by the Parties. 2GRETA 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 for a term of office of 4 years, renewable once, chosen from amongst nationals of the States Parties to this Convention. 3The election of the members of 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; bthey 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 ; cno two members of may be nationals of the same State; dthey should represent the main legal systems. 4The election procedure of the members of be determined by , 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. adopt its own rules of procedure. 1The shall be composed of the representatives on of the member States Parties to the Convention and representatives of the Parties to the Convention, which are not members of . 2The shall be convened by the Secretary General of . 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 . It shall subsequently meet whenever one-third of the Parties, the President of or the Secretary General so requests. 3The shall adopt its own rules of procedure. CETS 197 Action against Trafficking in Human Beings, 16.V.2005 1The evaluation procedure shall concern the Parties to the Convention and be divided in rounds, the length of which is determined by . At the beginning of each round select the specific provisions on which the evaluation procedure shall be based. 2GRETA shall define the most appropriate means to carry out this evaluation. 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 . 3GRETA may request information from civil society. 4GRETA 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, may be assisted by specialists in specific fields. 5GRETA 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 when establishing its report. 6On this basis, 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 report and conclusions of be made public as from their adoption, together with eventual comments by the Party concerned. 7Without prejudice to the procedure of paragraphs 1 to 6 of this article, may adopt, on the basis of the report and conclusions of , recommendations addressed to this Party (a) concerning the measures to be taken to implement the conclusions of , if necessary setting a date for submitting information on their implementation, and (b) aiming at promoting co-operation with that Party 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 19 CETS 197 Action against Trafficking in Human Beings, 16.V.2005 crime, and is intended to enhance the protection afforded by it and develop the standards contained therein. Article 40 Relationship with other international instruments 1This 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. 2The 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. 3Parties which are members of 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. 4Nothing 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 1Any proposal for an amendment to this Convention presented by a Party shall be communicated to the Secretary General of by him or her to the member States of , any signatory, any State Party, 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. 2Any amendment proposed by a Party shall be communicated to , which shall submit to its opinion on that proposed amendment. 3The shall consider the proposed amendment and the opinion submitted by and, following consultation of the Parties to this Convention and after obtaining their unanimous consent, may adopt the amendment. 4The text of any amendment adopted by in accordance with paragraph 3 of this article shall be forwarded to the Parties for acceptance. 5Any 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. CETS 197 Action against Trafficking in Human Beings, 16.V.2005 Article 42 Signature and entry into force 1This Convention shall be open for signature by the member States of , the non member States which have participated in its elaboration and Community. 2This Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of . 3This 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 , have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph. 4In respect of any State mentioned in paragraph 1 or 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 1After the entry into force of this Convention, may, after consultation of the Parties to this Convention and obtaining their unanimous consent, invite any non-member State of , 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 , and by unanimous vote of the representatives of the Contracting States entitled to sit on . 2In 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 . Article 44 Territorial application 1Any State or 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. 2Any Party may, at any later date, by a declaration addressed to the Secretary General of , 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. CETS 197 Action against Trafficking in Human Beings, 16.V.2005 3Any 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 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. No reservation may be made in respect of any provision of this Convention, with the exception of the reservation of Article 31, paragraph 2. 1Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of . 2Such 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. The Secretary General of shall notify the member States of , any State signatory, any State Party, 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; dany amendment adopted in accordance with Article 41 and the date on which such an amendment enters into force; eany denunciation made in pursuance of the provisions of Article 46; fany other act, notification or communication relating to this Convention gany reservation made under Article 45.