U.S. Department of State 2004 Trafficking in Persons Report - Bosnia and Herzegovina

Bosnia and Herzegovina (Tier 2)

Bosnia and Herzegovina (BiH) is a country of transit and destination for women and girls trafficked for the purpose of sexual exploitation. Victims originate primarily from Moldova, Ukraine, and Romania, and to a lesser extent Russia, Belarus, and Serbia and Montenegro. Victims also transit to Slovenia and Croatia, and on to Western Europe. BiH is increasingly a country of origin for women trafficked internally and externally to Western Europe.

The Government of BiH does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so. The government's efforts were reclassified from Tier 3 to Tier 2 in September 2003 after it strengthened its law enforcement response and anti-corruption measures. The government successfully took control of policing in 2003 and prosecuted and convicted organized trafficking figures, but the government should increase its prevention activities by squarely confronting the problem of official corruption.

Prosecution

The BiH Criminal Code prohibits human trafficking for the purposes of sexual, labor, and other kinds of exploitation, and prescribes penalties of up to 10 years' imprisonment, including increased penalties for aggravated circumstances. In March 2004, four defendants operating with a notorious trafficking kingpin were sentenced up to nine years in prison for human trafficking and sexual slavery. Fourteen associates were also charged and placed in detention. These convictions led to the dismantling of one of the largest human trafficking networks in the Balkans. In total, during the reporting period, courts initiated 17 prosecutions against 49 defendants, and handed down 15 convictions, all on trafficking and related crimes. Regrettably, courts imposed very low sentences averaging only a few months. The state level inter-agency Strike Force against human trafficking and illegal migration, in close cooperation with local law enforcement and international police advisors, gathered intelligence and directed investigations. The anti-trafficking National Coordinator established a system of police liaison officers stationed throughout the country to facilitate information-exchange and investigations. Official corruption remained a problem, but the government increased its anti-corruption efforts. In February 2004, Federal authorities arrested the local Interpol Deputy Director on corruption charges.

Protection

In late March 2004, victim referral procedures were formalized into a by-law to the Law on Movement and Stay of Foreigners, but the addition had not yet been made formally binding. During the majority of the reporting period, the police anti-trafficking units made ad hoc referrals to NGOs who offered comprehensive services and shelter. Some law enforcement officials continued to criminally detain and remove potential trafficking victims without instituting proper screening or referral. In general though, the government improved its protection of victim witnesses. In a major prosecution, the government relocated six witnesses to third countries. Humanitarian visas were issued to provide victims with temporary residency, but the government had not reported official numbers of recipients.

Prevention

Responding to criticisms that it failed to prioritize and coordinate efforts at the state level, the government instituted a National Coordinator's Office to report directly to the BiH Council of Ministers. In December and February, the National Coordinator's Office trained police officers, judges, prosecutors and State Border Service (SBS) Agents. The training sessions focused on international and domestic anti-trafficking laws, victim identification and assistance, child trafficking, and case development. The SBS prevented several illegal border crossings and referred potential victims to IOM for screening. The government did not sponsor public awareness or educational campaigns.

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