UN Commission on Human Rights_ 59th session

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UN Commission on Human Rights_ 59th session Powered By Docstoc
					        UN Commission on Human Rights, 60th session
                 15 March – 23 April 2004




   National NGOs report to the annual UN Commission on
 Human Rights: Evaluation of National Authorities activities
and Actual facts on the Trafficking in Persons for the purpose
                   of prostitution in Israel




                                        By

Leah Gruenpeter Gold                                                     Nissan Ben Ami

                (members of the International Abolitionist Federation)




                                On behalf of

                           Awareness Center
                            (Machon Toda`a)
                       Representative of the IAF in Israel




                                   April 2004




                                          1
Awareness Center
P.O.Box 22197
Tel – Aviv 61221, Israel
Tel: +972-3-6045128
Fax: +972-3-6045128
Email:leah2000@bezeqint.net


Awareness center - Machon Toda`a would like to thank the following Israeli
Non Governmental Organizations for the data and information they provided
and that enabled this report:

Hotline for Migrant Workers
33 Hachashmal St.
Tel – Aviv 65117, Israel
Tel: +972-3-5602530
Fax: +972-3-5605175
Email: sigal333@012.net.il

ELEM :Youth in Distress - Israel
Dorit Friedman, Program Director    Tel: 972-56-390707
Zion Gabay, Director General Elem

c/o ELEM: Youth in Distress – Israel
Kehilat Saloniki #7
Neot Afeka, Tel-Aviv 69513, Israel
Tel: 972-3-6470049, Fax: 972-3-6470319

ISHA L`ISHA – Haifa Feminist Center
118,HA`AZMAUT Street
Haifa 33727
Tel: +972-4-8530159, Fax:+972-4-8511954
Email: ishahfc@netvision.net.il


Kol Ha-Isha – Feminist Center Jerusalem
Adv. Ina Soltanovich
Iman Qassis
Nadia Klein
38 Ben Yehuda St.
P.O. BOX 37157
Jerusalem 91371
Tel : +972-2-6222455, Fax: +972-2-6256187
Email: kolisha@netmedia.net.il

The Association of Gay men, Lesbians, Bisexuals and Transgender in
Israel (GLBT Israel)
10, Nachlat Binyamin street Tel Aviv 61290
Tel: +972-3-5167234, Fax : +972-3-5167724




                                             2
National NGOs report to the annual UN Convention on Human
   Rights: Evaluation of National Authorities activities and
 Actual facts on the Trafficking in Persons for the purpose of
                          prostitution
                                    April 2004



Contents                                                    Pages


Introduction                                                        4

First Chapter: An overview – Actual context                         6

Second Chapter: Overview of Legal Dispositions                      12

Third Chapter: Situation in Israel- Overview and Facts              20

Fourth Chapter: Measures taken by national and local authorities    40

Fifth Chapter: Activities of NGOs                                   44

Sixth Chapter: Concluding remarks                                   45

Seventh Chapter: Recommendations                                    46

Annex 1:Addresses of participating organizations

Annex 2: List of verdicts against traffickers in 2003




                                        3
Introduction

This report is the fourth annual report done by Machon Toda`a ( Awareness
Center) , an Israeli NGO representing the International Abolitionist Federation,
on trafficking in women and prostitution in Israel. This report is the result of
continuous research of Machon Toda`a - Awareness Center with the
assistance of other Israeli NGOs (see list of NGO`s in page 2 of this report).

Legally speaking, the State of Israel can be considered as an abolitionist
country that signed and ratified the UN Convention of December the 2 nd,
1949. Until 2001 in fact, the State of Israel was leading a policy of laissez-faire
that drove to a kind of reglementarism. Since then a considerable change of
attitude of the authorities towards the phenomenon of Trafficking in women
has occured. Unfortunately prostitution per se is still not perceived as a
problem by the authorities. This situation is also reflected by the attitude of the
media. The tendency is to see trafficking in women as a serious crime that
needs to be erradicated whereas prostitution, mainly local, is still considered
as a victimless crime.

During November and December 2002 two important reports were issued by
decision makers. During November 2002 the ”Inter-ministerial committee to
study and combat the trafficking in women” headed by Super-intendant Avi
Davidovitch issued a report that includes many proposals how to tackle the
phenomenon. Unfortunately these proposals are still not fully implemented.
(see Chapter 4). During December 2002 the Parliamentary investigation
Committee, headed by MK Zehava Galon from the Merez party has issued an
interim report that provides an operative proposal based on the legislative
issue. Though the proposals of this report are not fully implemented yet we
can perceive that the authorities in charge of the implementation of the
proposals have finally taken the right direction and are developping a
coherent strategy to bring an end to the laissez-faire era. (Main points of the
reports were developed in Chapter 5 of the 2003 report – Measures taken by
National and Local Authorities)

These reports mirror the fact that more and more NGOs are challenging the
laissez faire policy. The abolitionist philosophy, though still largely unknown,
has been adopted last year by some members of Parliament but due to a
radical change in the balance among parties in the newly elected Parliament
we find ourselves again confronted with new law proposals to legalize
prostitution. Nevertheless, during the last three years a huge progress has
been made to adopt the recommendations of the UN convention regarding
trafficking in persons, especially women and children.

Among the NGOs that are promoting the abolitionist agenda are the Hotline
for Migrant Workers, Isha Le`Isha (a feminist center in Haifa), Kol Ha-Isha (a
feminist Center in Jerusalem), ELEM (an NGO handling prostitution of
minors), The Israeli Women Network as well as other small organizations and
individuals.




                                        4
The Hotline for Migrant Workers is a non-partisan, non-profit organization
established in August 1998, whose purpose is to protect the rights of migrant
workers and of victims of traffcking in women in Israel. The Hotline is an NGO
that has a direct contact with the victims of trafficking in human beings and
provides them with legal aid and representation.

Isha Le`Isha (Feminist center Haifa) is a non-profit organization established
back in the 80`s. It is initiating projects regarding the victims of trafficking in
human beings in the north of Israel.

Kol Ha-Isha is the only grassroots non-profit organization in Jerusalem
dedicated to developing and promoting a feminist model of social change,
established in 1994. The organization is currently promoting the idea that
prostitution is in itself a violence against women and is promoting public
awareness in Jerusalem.

ELEM is a non-profit organization established in 1983 and is specialized
assisting minors in distress.

The Israel Women`s Network (IWN) is Israel’s foremost advocacy group for
women’s rights. IWN is a unique, non-partisan organization of women who are
united in their determination to improve the status of women in Israel, despite
differing political opinions, religious outlooks and ethnic origins. Established
as a non-profit voluntary body in 1984 by a group of women professionals,
IWN seeks to change the social context and norms, which currently prevent
women from assuming their rightful place as equal partners in a just and
democratic society.
The Israel Women’s Network, 9 HaBonim St, Ramat Gan, 52462 Israel
Tel: +972-3-6123390   Fax: +972-3-612-3991
Email: development@iwn.org.il
www.iwn.org.il


Machon Toda’a – Awareness Center is representing the abolitionist
philosophy in Israel and is creating a network of NGOs to propagate this
philosophy in the country. The organization is the official representative of the
International Abolitionist Federation in Israel.




                                         5
First Chapter: An Overview - Actual context


Prostitution is a result of social and gender inequality, and this situation
worsens during wartimes.
In times of war, prostitution and pornography offer the bodies of women and
children as a gift to soldiers to entice them to sacrifice their lives for the war.
Male culture has glorified death on the battlefield, and men are unaware of the
real role that they play in this situation. It is high time that we reveal that
prostitution, pornography and war construct a deadly downward spiral.

-   Wherever there is war, conflict, social chaos and poverty, criminal
    organizations find “human merchandise” to be sold for sexual
    exploitation.
-   Male culture encourages men to sexually abuse the bodies of women,
    children and also of other men, unconsciously while remaining
    unpunished. Women are also being invited to become consumers of
    prostitution and pornography.
-   The multi-billion dollar “sex industry” does not take into account gender
    differences or sexuality. It stretches the limits of what we can consume,
    ever expanding itself in order to get richer.1

The history of prostitution in Israel emphasizes this statement.
During the first world war, when there was widespread hunger in what would
become in 1948 the State of Israel, it was known that there were prostitutes in
Jerusalem, Jaffa, Haifa, Ramla and other cities. Even before the war, under
the Ottoman Empire, there were brothels in Jaffa that were owned by Arabs,
and a portion of them were also owned by Jews.

In the beginning of the 1920’s brothels were operating between Tel Aviv and
Jaffa, that had been in existence for several years, and documents show that
they were not closed by the new British Mandate. During the same time
period, brothels existed in the outskirts of the city of Tel-Aviv close to Jaffa,
near Carem Timanim, Manshia, Neve Shalom, and on the road between Jaffa
and Tel Aviv. The phenomenon of prostitution became more visible and
widespread in the end of the 1930’s with the increase of army forces and
police in the area in response to the Arab rebellion, and even more in the
1940’s during the Second World War. Tel Aviv became the holiday city for
Middle East forces, and prostitutes could be found not only on the outskirts of
the city, as they were before, but also in the center of the city, along the
boardwalk, on the beach, brothels, apartments, cafes, streets and public
parks. Management of the brothels was against the law according to the
British Mandate so brothels were opened and closed intermittently. Some of
the prostitution took place in places of entertainment including bars and dance
halls that had connecting rooms which could be rented for the night or by the
hour. Some hotels had rooms that were reserved for prostitutes and their
clients. There were several complaints that prostitutes operated within their
apartments or in rented rooms. During this time period most of the residents

1
 Excerpt from the final statement of the 33rd International Conference of the International Abolitionist
Federation – Tel Aviv , October 2002 “ Prostitution, Pornography, War”



                                                    6
of the city lived in rented apartments. Prostitutes that worked in their
apartments worked alone or organized as a group. The clients came to the
prostitutes through middle-men that provided the needed information.
Cafes sprang up in Tel Aviv to meet the needs of Jewish immigrants mostly
from Central Europe, and also Eastern Europe, and later in response to the
needs of soldiers that came to spend their holidays.         Cafes were also a
meeting place between women in prostitution and their clients. There were
also assumptions that some waitresses in these cafes also practised
prostitution during or after their normal working hours with the encouragement
of the café`s owners.

Often there were middlemen that made connections between the prostitutes
and their clients. Sometimes they recruited young girls to be prostitutes.
Amongst the middlemen were taxi drivers who for a fee let prostitutes use
their taxis, and made their cars available to transport customers to the
prostitutes.

Clients for prostitutes, based on complaints that were filed, included
foreigners, British soldiers and policemen. During the war years clients were
Greeks, Poles, Americans, Australians, and South Africans. In addition to
military customers there were Arab clients that came with regular frequency.
It is interesting to note that the complaints from the time of the British Mandate
do not mention Jewish customers, although there is no reason to believe that
they avoided using the services of prostitutes.2

After World War II and with the creation of the State of Israel waves of
immigration reached the country. In each wave of immigration some women
and girls had to turn to prostitution in order to survive.

In 1950 the State of Israel signed and ratified the “UN Convention for the
suppression of the trafficking in persons and the exploitation of the prostitution
of others” from December 2nd, 1949. Though this Convention prevented
legalization of prostitution in Israel, its social aspects were not implemented
by the authorities and the question how to deal with prostitution was not
aborded by the Israeli authorities till 1977.

In 1975 the Minister of Justice appointed a committee headed by Judge
Hadasa Ben-Ito to check the issue of prostitution in Israel and to issue
conclusions and recommendations. The report of the committee was
published in 1977. The committee recommendations were not implemented.

27 years after this Committee handed over its recommendations , inspite of
the dramatic changes both in the world and in Israel in the situation of
prostitution due to the globalization of the sex industry, MK Reshef Chen from
the        ultra liberal party “SHINUI” has decided to resurect these
recommendations which were not implemented.
During the last 30 years the most dramatic changes in the sex industry world
wide was its becoming a global industry in most of the countries and its
banalization. Israel was not spared mainly due to the following reasons:
2
 Excerpt from the intervention of Prof. Deborah Bernstein, Haifa University – 33rd International
Conference of the IAF, Tel Aviv , October 2002


                                                  7
 In the last 15-20 years the Israeli society underwent dramatic changes, which
facilitated the development of the current situation. Rapid modernization of the
country, the loss of traditional cultural values without creating a new system of
cultural references, the influence of modern techniques of communication
such as T.V. and Internet and the development of materialistic values made
possible the banalization of the idea of prostitution. The pornographic industry
also appeared in the last years. This is a supplementary reason to worry
about a further development of the trafficking in human beings for the sex
industry. There are quite few elements that contribute to this situation.
The main reasons for the fast development of Trafficking in persons and
prostitution in Israel are:
1. A massive wave of immigration from the former Soviet Union, which
destabilized the fragile social structures of the country.
2. The development of public and private aggression due to harsh security
problems.
3. The infiltration of groups of International organized crime as well as the lack
of interest of the authorities in social problems.
4. Lack of implementation of projects concerning education on sexuality and
gender equality.

Women are trafficked into Israel from Russia, Ukraine, Moldova, Uzbekistan,
Lithuania, Belarus, Brazil, Colombia, Estonia, Latvia and others. The
economic situation in these countries is catastrophic. Women are ready to do
any kind of job in order to be able to bring money back to their families that
will allow them to survive. Criminal organized groups are taking advantage of
the situation and organize the trafficking. We estimate that in about 70% of
the cases the women are aware of the fact that they will be selling their bodies
in prostitution but they are not aware of the harsh conditions that await them
upon arrival to Israel. About 30% are bluntly deceived and do not realize that
they will end in prostitution. The traffickers promise them that they are going
to work as waitresses, cooks, models, au pairs or in medical massage. The
regular entries to Israel through seaports and airports are recently heavily
guarded, which is why so many women are trafficked through the Egyptian
border in places where there is no control (The situation of the Egyptian
border will be developped in Chapter 3 ). Immediately after entering Israel
most of the trafficked women are sold and directed towards locked
apartments or brothels.

Trafficking in women to Israel was overlooked until several reports were
issued. In 1997 the report of Martina Wandenberg from the Global Survival
Network with the IWN threw light on the issue for the first time. Three years
later Amnesty International has decided to write a report on trafficking in
women worldwide though in fact they issued a report only on trafficking in
women to Israel. In their report they have completely separated trafficking and
prostitution and as their recommendations were taken seriously by the Israeli
authorities, the Israeli parliament has decided to establish an Parliamentary
Investigation committee on trafficking in women for prostitution purposes. At
the same time the government decided to establish an intergovernemental
committee to examine the ways to tackle the issue of trafficking in women for
prostitution purposes. When the US Department of State issued the first TIP
report in 2001 the situation in Israel was so bad that the country found itself in


                                        8
Tier 3 and was threatened with economic sanctions unless the Israeli
authorities would tackle the issue seriously. Unfortunately this TIP report
ignored the link between trafficking and prostitution, which led the Israeli
authorities to concentrate on the fight against trafficking in women while
neglecting the fight against organized prostitution per se. The Parliamentary
Investigation committee of MK Zehava Galon decided at a very early stage of
its existence to refuse the recognition of organized prostitution as an
acceptable option but this stand is still opposed by several MKs that
participate in the same Committee. Nevertheless during the last two years
there is a major change of attitudes towards the phenomenon of trafficking.


During the last two years the police in several districts has changed its policy
towards the illegal resident women that they find while they raid the brothels.
Until 2002 the procurers, pimps and traffickers were arrested for a couple of
days, but then, with the help of mighty lawyers and financial bail, they were
liberated until their process. Since 2002 we could witness a change of police
and prosecution procedures towards them, as the legal directive in cases of
trafficking calls for the arrest of traffickers, procurers and pimps until the end
of the investigation. Until July 2000 the law did not have a particular article
refering to trafficking in women so that files until mid 2000 were opened on
the grounds of different felonies such as brothel managing and brothel
keeping, pimping, incitement to prostitution, abduction etc. According to a
police report in 1998 - 377 files were opened among which none was opened
on the grounds of trafficking in women. in 1999 – 522 files among which none
was opened on the grounds of trafficking in women. In 2000 – 410 among
which only 1 was opened on the grounds of trafficking in women. In 2001 –
427 files were opened while 40 files were opened until the end of 2001 on the
grounds of trafficking in women based on the new law. This represents growth
of 3900%. In 2002 – 351 files were opened against traffickers and in 2003 we
see a considerable change of attitude with the creation of a specific police
force called “ETGAR” that is dedicated to the issue of trafficking. A law
proposal that MK Zehava Galon is promoting in the Knesset already enables
the police to close brothels even though the law has only passed as
preliminary reading. In 2003 as a result of the new policy 500 brothels were
raided and closed, 330 investigations opened against brothel managers, 44
cases of trafficking are dealt by the “Yamar” (Central Unit of the Police), 119
persons were detained until the end of their trial, 119 women agreed to be
witnesses, 521 women have been sent back to their country of origin, the
names of 70 persons linked to the organized crime were forwarded to the
IMPA - The Israel Money Laundering Prevention Authority – a Financial
Intelligence Unit (FIU) was established in the ministry of Justice on January
2002 headed by Adv. Yehuda Sheffer. Finally a shelter for trafficked women
was opened on the 15th of February( see chapter 3). Training sessions to
police officers started during February and will continue as well as training
sessions to public prosecutors.

In a meeting of the Parliamentary Investigation Committee on the17th of
February SuperIntendant Ilan Franco stated that during 2004 the police would
dedicate itself to the fight against criminal organizations. According to
Superintendant Franco there are in Israel 50 known criminal organizations


                                        9
and 860 criminals that are active in several fields: casinos, drugs, trafficking
and managing brothels, money laundering , financial loans and more but the
fight against traffickers in women is top priority.
The 11th of December 2003 is a turning point date in the understanding of the
danger that is represented by organized crime in Israel due to an explosion
caused by criminal organizations in which innocent citizens were killed. 644
brothels were shut down between the 11th of December and the 17th of
February though some of them reopened. Since the 11th of December a
coalition of the security forces and fiscal governmental entities was formed in
order to fight against these criminal organizations and to eliminate them. A
strategy was formed which comprises several points: forming a task
force, increasing fiscal penalties based on the law to confiscate properties of
criminals, increasing international cooperation and full cooperation with the
IMPA.

Though these efforts must be recognized there are still many problems to be
handled. According to the data published in the report of the Parliamentary
Investigation Committee on Trafficking in Women(December 2002) the
estimated number of trafficked women each year is 3,000.
According to the same report the sex industry represents up to 1 billion US
Dollars per year. The amount paid by a customer in these brothels is about
$30.- and the amount which is received by the woman, if she receives it, is
about $4.-. In the known places women work 12 hours a day for 6-7 days a
week and are obliged to receive about 15 clients per day and sometimes
more. According to an article entitled “The Old Profession” and that was
published on March 2003 in the review of the Police “ Marot Mishtara” (“Police
Visions”) by Police Commander Anat Bashan we have evidence collected
through the citations of several police officers: “In Natania and Petach Tikva
alone ( two midlesized towns in the center of Israel-Remark of Machon
Toda`a) work 300 escort girls, almost all of them are illegal residents from
Moldova. Very few are local Israeli women “claims Police Commander Ami
Eshed , an Information Officer from the Sharon district. Also in the north,
according to Rapak Shmuel Bekor “ there are tens of brothels and most of the
girls are “imported” from the countries of Eastern Europe. Lately we notice an
increase in the number of Israeli escort girls as well as in the number of
brothels in which Israeli girls work. Street prostitution exists too and is
noticeable especially in the Haifa area and in the Industrial area of Zvulun”.
According to Chief Super Intendant Yoram Asis, Head of the Vice Unit in the
Tel-Aviv district “In Tel Aviv alone there are about 300 brothels and escort
services especially in the central station and in the south of the city and more
than 3,000 prostitutes not including those who work from their houses.”
Super Intendant Yoram Asis claims that the reason “ for the reluctance of the
victims of trafficking to testify against their traffickers is the threats that their
families are subject to in the countries of origin. But according to the data
collected by the “Hotline for Migrant workers” ( “Isha Overeet Lasocher” ) it is
clear that still around 30% of the victims of trafficking are not even asked
whether they wish to testify or not.

The year 2003 saw a drastic improvement in the fight against trafficking in
women as the public authorities realized the danger it represents for the
Israeli society since it is handled by organized crime. Unfortunately since


                                         10
trafficking in women was separated from prostitution as a whole, the year
2003 also saw the renewal of efforts of MKs to legalize prostitution under the
cover of the fight against trafficking and the wish to improve the situation of
Israeli women in prostitution.




                                      11
Second Chapter: Legal dispositions

International law:

     In 1950 the State of Israel signed and ratified the UN Convention for the
   suppression of the trafficking in persons and the exploitation of the
   prostitution of others from December 2nd, 1949.
   The State of Israel signed and ratified the Convention on the Rights of
   the Child, and signed the Optional Protocol thereto on the sale of children,
   child prostitution and child pornography and the 1999 Convention
   concerning the prohibition and immediate action for the elimination of the
   worst forms of child labor (No. 182) of the International Labor
   Organization.
    The State of Israel also signed the UN Convention against
       transnational organized crime of December 2000 and on 14th
       November 2001, and signed also the supplementary Protocol to
       Prevent, Suppress and Punish the Trafficking in persons especially
       Women and Children.



National Law:

Following the implementation of the Supplementary Protocol to Prevent,
Supress and Punish the Trafficking in Persons especially Women and
Children the Justice system applies not only the Penal Law 1977 amendment
2000 but also other existing laws such as the Law for Combating Criminal
Organizations and the Prohibition on Money Laundering Law ( see those laws
at the end of the coming paragraph.

Existing laws:

Penal Law 1977 amendment 2000

Informal translation by attorney Rachel Gershony – legal advisor in the
Ministry of Justice of the paragraphs Trafficking in persons for prostitution
purposes in the penal law:

Main paragraphs:

203A
“(a) Selling or purchasing of a person in order to engage him in prostitution or
serving as a middleman in the selling or purchasing of a person for this
purpose is punishable by a term of imprisonment of 16 years; for the purposes
of this paragraph, “selling” or “purchasing” includes consideration in the form
of money, value, services or any other interests”

(b) “Causing a person to leave the state in which he lives in order to engage in
prostitution, is punishable by a term of imprisonment of 10 years.”

203B



                                       12
(a) If an offence according to paragraphs 199 ( pimping), 201 ( causing a
    person to commit an act of prostitution), 202 ( causing a person to engage
    in prostitution), 203 ( causing a person to commit an act of prostitution or
    engage in prostitution under aggravating circumstances) or 203A (
    trafficking for the purpose of engaging in prostitution) is committed with a
    minor of the age of 14 or over, it is punishable by:

(1) If the offence   is punishable by a 5 year prison term – 7 years of
    imprisonment.
(2) If the offence   is punishable by a 7 year prison term – 10 years of
    imprisonment;
(3) If the offence   is punishable by a 10 year prison term – 15 years of
    imprisonment;
(4) If the offence   is punishable by a 16 year prison term – 20 years of
    imprisonment

(b) If an offence according to the above paragraphs (see (a)) is committed
    with a minor under the age of 14 or by a person responsible for a minor
    who has reached the age of 14, it is punishable by double the regular
    punishment, but no more than 20 years of imprisonment.

(c) In this paragraph, “ a person responsible for a minor” – as defined in
    paragraph 368a of the criminal law.

203C
Receipt of a service rendered by an act of prostitution of a minor is punishable
by a term of imprisonment of 3 years.

203D
The burden of proof regarding a claim of ignorance as to the age of the
person connected to an offence under this section – rests on the person who
so claims. This paragraph does not apply to a crime according to paragraph
214(b3) (Possession of a pornographic publication, which includes the picture
of a minor even if the possessor has acted in good faith and by chance).

New amendments to the Penal Law 1977 that passed in 2003:

      Amendment to 203A –
The minimum penalty regarding the felony of trafficking in women will represent a
quarter of the maximum penalty which is 16 years unless there are special
reasons to decide otherwise. (Part of the minimum penalty must be actual
incarceration and part can be given as suspended).

     Amendment to Article 15 of the Penal Law 1977
Following the recommendations of the Stockholm Convention, the condition of
“double criminality” was qualified so that the crime of prostitution or
pornography involving minors can be prosecuted in Israel even if such an act
is not considered criminal in the country in which it was committed. The Israeli
courts have extraterritorial jurisdiction over citizens and inhabitants of Israel
who commit offences of commercial sexual and pornography exploitation
abroad.



                                         13
Was added: “Or when the offence committed is TIP for prostitution purposes
according to article 203A”

     Amendment in regulations of testimony(1982 Article 117):
Upon request the court will be allowed to decide to take evidence of the victim
of trafficking before the beginning of the trial. The evidence will be taken
within 2 months from the day that the court has determined that an early
testimony is possible.


    Amendment in regulations of testimony (1957 Article 2B):
The victims will be allowed to testify without the perpetrator physically present

    Amendment to the Legal Assistance Law 1972 (Amendment 4):
Legal assistance of the Ministry of Justice will assist the victims of trafficking
both in the question of their administrative detention and in their civil suites
against the pimps. This assistance will be implemented until 1st of August
2006



The following criminal laws are used for TIP offences:
Prohibition on Money Laundering law 5760-2000

Combating Criminal Organizations law 5763-2003

For further details of these laws see the link below:
http://www.justice.gov.il/MOJEng/HalbanatHon/Legislation/



Legislation for the Protection of Children from Commercial Sexual
Exploitation ( since 1998)


Following the Stockholm Conference’s Declaration and the “Stockholm
Agenda for Action” in 1996, the State of Israel has taken a number of
legislative steps in order to expand and diversify the legal instruments at the
disposal of State authorities in its fight against the commercial sexual
exploitation of children.

Following is recapitulation of the changes made to the relevant parts of the
Criminal Act of 1977 and the Law on the Rights of Victims of Crimes.

       1. Changes in the Criminal Law : see above
          203B,203C,203D


The general attitude of the State of Israel is to refrain from interfering in the
consensual activities of adults and therefore, there exists no ban on receiving
services from a prostitute unless such an activity involves violence or the
exploitation of a person’s weaknesses. Relating to minors, the legislator sees


                                            14
itself as having all rights to interfere so as to protect minors against all those
who might prevent their proper development.

It is considered a crime to publish or transmit information concerning the
provision of prostitution services by minors. This prohibition concerns all such
services, whether in Israel or outside of Israel, and whether or not it is
specified that the provider of services is a minor. The purpose of this provision
is – amongst others – to fights against the phenomenon of sexual tourism.
(art. 205)

It is an offense to be involved in any way in the publication (including the
dissemination, distribution, production, etc.) of pornographic material, which
involves a child, including artificial image of a child- the perpetrator is liable for
up to 7 years imprisonment.

Furthermore, it is an offense to have in one’s possession any type of
pornographic material involving minors - the perpetrator is liable for up to 1
year imprisonment. .

As mentioned above, in the name of the defense of minors the provision goes
as far as forbidding the private possession and use of pornographic material
involving minors but does not punish chance or bona fides possession of such
material. (art. 214)

All of the above crimes carry an obligation to report, when the perpetrator of
the crime is directly responsible for the minor. According to this obligation,
anyone that has reasonable ground to think that a crime has been committed
involving a minor must report to welfare services or the police. Failing to
report as expected above makes one liable to 3 months imprisonment.
All those to whom information relating to the exploitation of minors is provided
within the context of their professional occupation (such as doctors,
educational professionals, psychologists, police officers, etc.) bear the
obligation of reporting the aforementioned information – as soon as possible –
to welfare service or the police. Failing to report as expected above makes
one liable to 6 months imprisonment.
Public persons also carry the obligation to report a crime involving minor when
the activity takes place in the near past.
The reporting is aimed not only for prevention but also for the treatment and
the rehabilitation of the victims by the health and social services.
(art. 368d(h))

Following the recommendations of the Stockholm Convention, the condition of
“double criminality” was qualified so that the crime of prostitution or
pornography involving minors can be prosecuted in Israel even if such an act
is not considered criminal in the country in which it was committed. The Israeli
courts have extraterritorial jurisdiction over citizens and inhabitants of Israel
who commit offences of commercial sexual and pornography exploitation
abroad.
(art. 15)




                                         15
                      2. Changes in the Rules of Evidence

   In Israel there is a special procedure for the testimony of children up to the
age of 14. The goal of this procedure is to give maximum protection to
children who were victims of severe crimes. A special interrogator who went
through psychological training interrogates these children. The interrogation is
recorded by a video camera in case the interrogator decides the child is
incapable of testifying. In such a case the recording is submitted to the court
instead of the live testimony of the child. If the child does end up testifying, he
can do so under special conditions, such as: Testifying without the presence
of the accused, testifying outside the courtroom (in such a case the testimony
is broadcast to the courtroom on a closed circuit television), etc.


Directives:

Directives of the Public Prosecution:

Since 1994 the Public Prosecution has published directives regarding the
cases in which a penal file will be opened concerning felonies connected with
prostitution and places used for the purpose of prostitution (Prosecution
Directives 2.2):

These directives were changed and replaced by new directives in January
2002. As can be seen the new directive treats specifically cases of trafficking
in women and its purpose is to initiate direction and a guideline for the
Prosecution and the police that work with this issue. The directive deals with
the different stages of the trafficking felony – from the stage of the
investigation of the felony, through the stage of the testimony of the victims
including the stage of requests from the court to rule indemnity for the victims
regarding the suffering and harm caused to them. The directives of 1994 can
still be found though in article 5 of the new directive and are source fro
confusion.
Following the translation of the Directives:

2.2 Investigation and prosecution policy in felonies of prostitution and
trafficking in persons for prostitution purposes:

1. Managing massage parlors and escort agencies’ as a cover for prostitution
   is a widespread phenomenon. More often than not, in the frame of
   operating a massage parlor, felonies of the worst kind are done, such as
   trafficking in human beings, drug trafficking, extortion, money laundering
   etc. Our aim is to abolish these phenomena that the industry of prostitution
   promotes, on the grounds of the acknowledgement of human dignity and
   based on the founding principles of the Israeli legal system. Nothing that is
   said in this directive will diminish our aim and purpose to abolish the entire
   phenomenon of prostitution – phenomenon which is in itself a harm to
   human dignity of the woman – and even if this mission will take long years
   we are urging to obtain it.
2. The increase of crime in the area of trafficking in women and turning
   Israel into a destination country for trafficking in women demands special


                                        16
   notice to the implementation of the law in this area. For this reason the
   legislator added the article 203 a in the penal code, 1977 that is forbidding
   specifically the trafficking of human beings for prostitution purposes.
3. That is why, while deciding to investigate and to prosecute in this field it is
   elementary to check and relate to the cases where there is suspicion of a
   trafficking felony, in addition to felonies that are linked to prostitution.
4. Investigation regarding a felony of “trafficking in human beings for the
   purpose of prostitution” will be opened with special attention to the
   following points:
       a. When in the place of prostitution there are women that are not
           Israeli residents – a complete check of their stay in Israel should be
           conducted, including the fact that they have the passports in their
           possession, that the passports are not forged and the way the
           women entered Israel.
       b. The consent of the women to prostitute shall be irrelevant in view
           of the rational behind the prohibition of trafficking in persons ( see
           Ruling Rabinai vs. State of Israel , not yet published )
       c. When there is suspicion that the women entered Israel by means
           of trafficking , the managers of the place should be interrogated as
           suspects, and also every one of the workers of this place who is
           involved in the felony or who could contribute to the investigation, in
           addition to the felony of managing and keeping a place for
           prostitution purposes.
       d. The felony of trafficking does not prevent to take into account other
           felonies (such as rape, internment, passport withholding, money
           laundering etc.), that should be investigated if necessary.
       e. When the status of the women is that of illegal residence, the
           women should be taken away immediately from the place where
           they were held by the perpetrators, their identity and their place of
           origin should be checked in order to send them back to their country
           of origin. During the identification process the women will be held
           according to the procedures of the police and the Interior Ministry,
           while any contact with their perpetrators will be prohibited.
       f. In regards with the severity of the felony the Prosecution will issue
           a detention order of all the suspects until the end of the
           investigation process ( see SH.P. 1524/01, State of Israel vs.
           Akerman , not published yet )
       g. At the same time the Prosecution will act for an early testimony
           process of the women to enable their expulsion to their countries of
           origin after giving testimony.
       h. It should be noted that very often the representation of the women
           in court is financed by the perpetrators and the suspects in the
           Trafficking felony. In the proper cases, after consulting the district
           prosecutor and with his directives, the attention of the court should
           be addresses to this fact.
       i. With attention to the circumstances of the case, in files that are
           connected with trafficking in women, it is necessary to present a
           request to the court according to article 77 of the Penal Code 1977
           so that when the suspect is convicted, the court will order him to
           pay the victim of the felony indemnities for the damages and
           sufferings caused to her. In parallel article 78 of the penal code


                                        17
            stipulates that the charge of indemnity has the same status as a
            sentence and when this sentence is appealed there is a possibility
            to include appeal on the charge of indemnity. Therefore due to the
            complexity of trafficking files and due to the fact that the plaintiffs
            are in most of the cases illegal residents , who will be sent back to
            their countries of origin as soon as possible it is important to stress
            to the plaintiffs that there is possibility that the sentence will be
            appealed and therefore their right to indemnities is not absolute until
            the sentence is declared definite and they should take into
            consideration the fact that they will be requested to reimburse the
            indemnities if the appeal is granted. In this respect please see the
            letter of the General attorney to the District Attorneys dated 27 June
            2001. On 27 June 2001 the General Attorney also wrote to
            Attorney Jehudith Karp, the Deputy Legal Advisor to the
            Government (Special projects) asking that she will examine the
            possibility of a legislative amendment concerning the construction
            of a mechanism that will allow to retain the indemnities in the name
            of the plaintiffs until the sentence is declared definite and that will
            ensure that the plaintive will receive the money when the sentence
            is declared definite.
       j.   The coping with the phenomenon of trafficking in women in the
            penal level is punitive and preventive. Therefore, when there is a
            reason beyond doubt to believe that there was a felony of trafficking
            in human beings, and when objects and money linked to the felony
            or resulting of it are found during a search in the place where the
            felony was committed, it is suitable to examine, in accordance with
            the circumstances of the file , the possibility to activate the authority
            of the police to seize according to article 32 of the penal code (
            Detention and Searching)1969 and request from the court to issue
            an order to confiscate the possessions according to article 39 of this
            code. When money linked to the felony is seized as they raise the
            suspicion of tax evasion it should be notified to the tax authorities.

5. When the information in the hands of the police is not indicating the
possibility of trafficking in women there is place to open an investigation
according to the circumstances and gravity of the affair and especially if there
is a suspicion that one of the following occurs:
       1.1     Cases in which minors are involves actively or in any other way.
       1.2     Cases in which there are aggravated circumstances (coercion,
               blackmail or violence) aggravated exploitation of the prostituted
               persons by the employers, and especially employers using
               means of coercion, blackmail and violence against those
               employed by them in prostitution. That is whenever it is clear
               that in addition to the employment in prostitution other felonies
               are exercised against the employed prostitutes that their
               purpose is to force the continuation of the activity of prostitution
               while exploiting the employed.
       1.3     Cases in which in the place used for prostitution exists
               additional criminal activity such as trafficking in drugs
       1.4     Cases in which the place used for prostitution consists a
               nuisance for the neighbors


                                          18
Also in these cases it is necessary to activate seizure of the possessions that
are linked to the felony as written in article 4j above and to report this to the
Tax authorities.

It is important to note that these directives are implemented through training
and formation sessions of the prosecutors and the police units – To raise the
awareness among these professionals will take time.




                                       19
Third Chapter: Situation in Israel- Actual facts
Actual situation based on data received from Isha Le Isha Feminist
Center Haifa, Elem, Kol Ha Isha Feminist Center Jerusalem, GLBT of
Israel, Hotline for Migrant Workers and data collected by Machon Toda`a
– Awareness Center .

Israel is a destination country for women trafficked for prostitution. Though the
official numbers of women trafficked for prostitution purposes per year remain
3000, there are signs of improvement in the implementation of the “Protocol to
prevent, suppress and punish trafficking in persons, especially women and
children, supplementing the United Nations Convention Against Transnational
Organized Crime”.
Until the beginning of 2002 trafficked women for prostitution purposes were
trafficked to Israel through the legal entries (airports and seaports) as well as
through illegal ways. Since 2002 the main passage of most trafficked people,
both women trafficked for prostitution purposes and foreign workers, is the
Egyptian border. Since the issue of trafficking through the Egyptian border
became a serious one it has been decided to give the responsibility of this
area to a special unit called “Magav Ramon- Ugda 80” (Border- Guard).
Magav Ramon is using new methods of action to identify and stop the
trafficking not only of trafficked women for prostitution purposes but also of
illegal immigrants and of drugs as well as to prevent terrorists from entering
the country.
According to Meir Azulai, Information Officer of Magav Ramon, during a
session of the Knesset Committee on the Drugs issue held in 30th of
December 2003 each night there are 4 to 5 violations of the Israeli border with
Egypt by traffickers both of people and of drugs. The special unit “Magav
Ramon” has invested 20 Million NIS in a pilot project for the border area of
“Haluza Sands” which consists of high technology radars and other equipment
that enables the unit to spot 90% of the border crossings, but since there are
more than 2 to 3 crossings per night the unit cannot handle all of them. Due to
budget cuts the project could not be developed to the rest of the border.
During this session both Meir Azulai and Uri Astlin, the Head of the
Department of Law Enforcement from the Authority Against Narcotics stated
that despite the fact that the unit has some collaboration with the Egyptian
Police, the Egyptian Army is turning a blind eye to the trafficking in Sinai. Due
to a demographic reality the collaboration on the two sides of the border is
easy as on both sides of the border are Beduin tribes that are related and that
are using trafficking as a means of livelihood. The social issue is not treated
both in Israel and in Egypt.
According to an article in “Maariv” (an Israeli newspaper) on the 30th of
January 2004 during the last 2 months the trafficking in women from Egypt to
Israel through the border was almost stopped due to the fact that the Egyptian
Authorities started to cooperate with the “Magav Unit” after the US
government threatened Egypt with economic sanctions. This change has not
yet been checked by Machon Toda`a but in any case Israel should not rely on
the good will of the USA or of the Egyptian Authorities in order to fight against
the trade that fuels its sex industry and should continue with the pilot project
that started on the “Cholot Chaluza” section on the entire length of the border
with Egypt.



                                       20
In 2003 , mainly in the second half of the year , we also see an improvement
in the way the police tackles the issue of the sex industry.
At the beginning of 2003 an Israeli police unit called “Etgar” started to tackle
the issue of trafficking on a national level. As a national unit, “Etgar” initiates
investigations regarding women trafficking. In 2003, this unit initiated 44
investigations
Table 1: Data received from the Police.


        Data of Investigations from the police                           2003
                Raids against brothels                                    500
        Opening investigations of maintaining a place
                                                                          330
                       for prostitution
                    Special investigations                                44
                           Arrests                                        119

         Women who testified against their traffickers                    119

                      Deported women                                      521
         Persons under investigation by the Authority
                 against Money Laundering
                                                                          70

Regarding enforcement we can see a visible change from previous years.

Table 2: Police files opened for trafficking in women and related offences for
2003 as per data received from the Ministry of Justice:


              The offence
                                                         No.     of      Investigations
                                                         conducted in 2003

              Trafficking in Persons for                 51
              Prostitution (Section 203A)
              Pandering (Section 199)
                                                         39

              Causing a person to engage in              6
              prostitution (Section 202)
              Causing a person to commit an
                                                         3
              act of prostitution (Section 201)
              Maintaining     a     place       for      330
              prostitution (Section 204)

              Kidnapping for purpose             of      21
              prostitution (Section 374)
                                                         450
              TOTAL




                                                        21
Table 3 : Deported women vs. Prosecution witnesses 2000-2003
Data extracted from the Police data and the report of Isha LeIsha Feminist
Center Haifa and the Hotline for Migrant Workers “.3


                            Deported/witnesses 2000-2003

                                                                            60 0
                                     32                     119
                                                                            50 0

                                              0                             40 0
                                                              402                  Number of
                                     442                                    30 0
                                                                                   Victims of
                                             351      130
                                                                            20 0   Trafficking
                                                      131
                                                                            10 0
      No . of witne sses in trials
      against traffickers                                                   0
                                           20 00   20 01    20 02   20 03
      Deported Victims of
      Trafficking without                             Years
      testimony




    Women Deported/ Testifying 2000-2003
                                                                2003        2002     2001        2000
    Deported Victims of Trafficking without testimony            402         131      351         442
    No. of witnesses in trials against traffickers               119         130 Unknown           32
    Total                                                        521         261      351         474
    % of Witnesses                                              23%         50%                   7%

Although we do not have the number of witnesses for 2001 we see a
considerable growth in the number of witnesses in 2002, probably due to the
fact that in July 2000 passed the law against trafficking in women.
Nevertheless we can see that the number of witnesses diminishes in 2003
both in absolute numbers and in percentage. This is a worrisome tendency as
it shows a weaker implementation of the existing laws and directives. We
believe that in the year 2004 there will be again a change of tendency since
the shelter for victims of trafficking opened in February 2004 but this point will
be checked next year.

It is sad but important to note that in some cases some police units forced
victims to witness against their will and as a result at least one of these
women tried to commit suicide. More than that, some women told the
volunteers of the Hotline for Migrant Workers that if they did not give a
testimony on being locked and/or raped and/or submitted to other types of
violence but “only” being trafficked, the police unit did not bother to continue
the investigation considering that trafficking per se, according to this police
unit, has to be violent in order to be considered trafficking.

This shows a lack of understanding of police units on trafficking and how
necessary it is to train them. It is only in February 2004 that the first police
3
  “ Isha Overet LaSocher” (Trafficking in Women in Israel) 2003, Hotline for Migrant Workers, Isha
LeIsha Feminist Center Haifa, Adva Center. ,


                                                    22
 training on trafficking in women was organized. NGOs representatives were
 also requested to lecture. Machon Toda`a hopes that these training sessions
 are going to be developed and will include all police units.



 The Judicial System:

 The law against trafficking in human beings calls for a maximal sentence of 16
 years imprisonment. Though the law against trafficking in human beings was
 passed in July 2000 it is only during 2003 that we could see that the
 punishments given were significantly heavier and this is especially true when
 the cases are appealed before the Supreme Court.
 Although the law provides for compensation to victims of TIP, once more we
 could see that in 2003 most of the victims were not awarded compensation
 by the Court in criminal proceedings against traffickers. In the cases in which
 compensation was awarded to the victims ( 25% of the cases in 2003) the
 money is deposited in the Court of Justice and can be withdrawn only by a
 legal resident who holds a bank account. If no other arrangement is settled
 the victim is not able to withdraw the money. This is especially problematic
 when we know that during 2003 only 3 victims received a temporary residency
 permit for a year.The Ministry of Justice works to provide a different procedure
 to solve the issue.
 On the 29th of July 2003 the Knesset passed a law that legal assistance would
 be provided for the victims of TIP. This law is to be implemented progressively
 until August 2006. Still, most of the witnesses are deported immediately after
 testifying, and so they are denied the possibility of filing a civil suit against the
 perpetrators who were convicted as a result of their testimony.

 Details of the courts decisions during 2003 can be seen in the tables below:

               Courts Decisions in 2003
           Number of Sentences District Court                       20
  Number of Sentences Supreme Court ( included in the
                                                                     9
                    above Number)
Number of sentences including Fine and compensations for
                                                                     3
                       the victims
        Number of sentences including only fine                      4
   Number of sentences including only compensation                   2
                                                                           4
          Average compensation per defendant                    17,000 NIS
                      Average fine                               8,000 NIS
          Number of Criminal Cases with Plea Bargain                 8

Average of months of waiting for supreme court`s sentence        9 months

Average of Imprisonment sentence TIP ( Maximum 16 years)          8 years

Average of Imprisonment sentence Pandering ( maximum 5
                                                                 20 months
                         years)




 4
     NIS = New Israeli Shekel ( 4.5 NIS =1 US $)


                                                   23
Almost half of the trials are appealed before the Supreme Court and the
sentence usually is not only maintained but is increased. See table below:

                                 Years of
     Criminal Cases                         Years of Imprisonment         Comments
                               Imprisonment
                                                                       Supreme Court
       CC Number                District Court   Supreme Cour
                                                                         comments
         1064/02                       2              2                Legal Precedent
         905/03                       1.5             3
                                  5 firm+ 3
         946/02                                      8+1
                                 suspended
         910/02                      4+2                                  28.3.2004
         1185/02                    2.5+2             5
         1128/03                     5+2              8

                                                                     Rejected the appeal -
                                                                    noted that the sentence
         1236/02                     4.5             4.5
                                                                     is still lower than the
                                                                      desirable standard

                                                                     Rejected the appeal -
         3029/00                     10               10
                                                                     upheld the sentence
                                                                     Rejected the appeal -
         1054/03                   2.5+2            2.5+2
                                                                     upheld the sentence



We can see how the situation improved in 2003 when we compare the
situation in the end of 2003 with the quotation of Super Intendant Eshed in
March 2003 in an article published by the review of the Police “ Marot
Mishtara”. Super Intendant Eshed , Information officer in the Sharon District ,
is quoted as saying that “ Lately escort girls that were illegal residents were
arrested and gave exact details on their traffickers and pimps but were
released due to the fact that there were no detention places to hold them
there until their expulsion from Israel”.
Since this article in March 2003, the creation of the special police unit “Etgar” ,
the opening of the shelter for trafficked women, the decision to pass the
responsibility for the border with Egypt to the “Magav Ramon” unit show that it
is possible to efficiently fight against trafficking in women and that it is only a
matter of political decision. Machon Toda`a just regrets that it has taken so
long until the Israeli authorities have reached this political decision and hopes
that this decision continues to be implemented forcefully.


In the graph below we can see a sample of what can be done on the judicial
level with an increase in punishment. Please note that for Criminal Case
910/02 the Supreme Court still did not pronounce the sentence and therefore
it appears as “0” in the graph:




                                           24
      Comparison: District Court VS. Supreme court
             imprisonment sentences - TIP


                                                                                                          10
                                                                                                          9
                                                                                                          8
                                                                                                          7




                                                                                                               Years
                                                                                                          6
                                                                                                         5             District court
                                                                                                         4
                                                                                                                       District Court suspended
                                                                                                         3
                                                                                                         2             Supreme court
                                                                                                         1
    Suprem e court                                                                                       0
                                                                                                                       Supreme court Suspended

                                                                                                  3029
        Dis trict court
                                                                                         1236
                                                                                1128




                                                                                                          00
                                                                       1185




                                                                                                02


                                                                                                          /
                                                            910




                                                                                       03


                                                                                                /
                                                 946




                                                                  02



                                                                              02


                                                                                       /
                                      905




                                                       02


                                                                  /



                                                                              /
                                            03
                          1064




                                                       /
                                            /
                                 02
                                 /




                                                                   Criminal Cases




For more details regarding the sentences see Annex 1

Another progress to be noted is the beginning of the use of the Prohibition on
Money Laundering Law 5760-2000 for the crime of TIP :
The first indictment using the Prohibition on Money Laundering Law 5760-
2000 was issued by the public prosecutor in March 2004 against Semion
Livshiz from Haifa who was indicted with Trafficking in Persons. This
indictment is based on a diary written by a woman from Uzbekistan who was
sold several times and ended by being freed by the Immigration police. In the
diary she noted 4 months of her “work” with many details during 2003. She
also reported of other women who ”worked” for Semion Livshiz. Livshiz will
be judged for TIP , pandering and money laundering. During his arrest his
property , including an appartment, a car and other properties were
confiscated.




                                                                              25
Assistance to Victims of trafficking

Shelter for victims of trafficking:

The shelter for victims of trafficking, which was originally meant to open on
March 2003, was finally opened on the 15 th of February 2004. The
management of the shelter is assured by a leading committee of government
representatives of the relevant Ministries: Super Intendant Meir Cohen from
the Ministry of Interior Security, Dr. Miki Dor from the Minisry of Health, Adv.
Rachel Gershoni , representative of the Ministry of Justice, Adv. Ada Pliel
Trosman representative of the Ministry of Welfare, Adv Rinat Davidovitch, the
manager of the shelter. The committee is chaired by Mr. Menachem Vagshal ,
head of the “Service for Women and Girls in Distress” in the Ministry of
Welfare. During the meeting of the Investigative Parliamentary Committee
regarding trafficking in women Mr. Vagshal declared that the two main goals
of this shelter are :
    1. to create a comfortable place for women who are ready to testify in
        trafficking files.
    2. Create the beginning of a recovery process in regard to the physical
        and mental state of the women as a result of the situation in which
        they found themselves, and to provide them with a beginning of a
        process to prepare them to return to their country of origin.
The shelter is built to harbour up to 50 women awaiting to testify before being
sent back to their country of origin. The staff of the shelter includes the
manager(Adv. Rinat Davidovitch) , 2 social workers, 1 freelance psychiatrist,
11 mentors, all of them speaking also Russian and working in shifts, and a
house mother who is responsible for the equipment and the food supply. All
health issues are taken care of by the Ministry of Health and all medical
checks and treatments are done in the Ichilov Hospital which is situated not
far away from the shelter.The place is secured by the Ministry of Interior
Security in a way that is not disturbing the day to day life of the women. An
Advocate that represents the Ministry of Justice meets with every woman in
the new shelter in order to see how to legally assist her. Before entering the
shelter each woman is subject to a risk evaluation, and there is a re-
evaluation every 2 weeks. There is also a new risk evaluation procedure when
the women return to their country of origin to see if their lives are not
endangered by doing so.
Adv. Rinat Davidovitch and a social worker responsible of all the activities that
are prepared for the women met with the representatives of Machon Toda`a
and explained what has already been done and how they see the future
activities and the daily plannings of the place. The women are asked what are
their wishes as to learning professional qualifications and there is a plan to
start a project with the Joint regarding the development of their working skills.
They have the possibility to leave the shelter everyday for a few hours if they
want. On 19/03/2004, when the representatives of Machon Toda`a visited the
shelter, there were already 17 women. On the 3/3/2004 Intendant Pini Aviram
declared that there were 84 women awaiting to testify against their traffickers.
9 of the women were already in the shelter, 25 of them were still in hotels and
the rest were harboured in secret private appartments.
On the 3/3/2004 Herzel Gadge, the head of the Population Registration in the
Interior Ministry informed the Parliamentary Investigation Committee that the


                                       26
victims of trafficking that would be held in this shelter would receive work and
stay permits for a year. On Monday 29th March the Interior Ministry MK
Avraham Poraz signed authorisation to issue temporary work permits for the
victims of TIP who decided to testify and are staying in the shelter until they
finish testifying.

A Hot Line for Trafficked women

In January 2003 the Ministry of Labor decided to add to a national emergency
hotline in Haifa an additional hotline for trafficked women. The hotline is
working every day from 08:00- 20:00, but due to budgetary cuts the future of
this hotline is in question.


Detention Centers:

Apart from the detention center “Michal” in Hadera which was opened in
November 2002 and is still working there are another 2 detention centers:
“Renaissance” in the north and “Zohar” in the south. The conditions in the
detention centers are not known to Machon Toda`a as the requests to visit the
first detention center were never answered. According to the representatives
of Isha LeIsha in the north and the Hotline for Migrant Workers in the central
part of the country the conditions of the victims of trafficking are not better
than they were in the report issued last year.
In the detention center “Michal” the victims of trafficking receive fliers in
Russian explaining their rights whereas in the other 2 detention centers
apparently they are still considered as illegal migrants. This is a flagrant
violation of the “UN Protocol to prevent, suppress and punish trafficking in
persons, especially women and children, supplementing the United Nations
Convention Against Transnational Organized Crime” signed by the
government of Israel in November 2001.

Machon Toda`a received information stating that in some cases victims of
trafficking still undergo pressure from the lawyers of their traffickers or their
traffickers themselves even though these women are in the detention center
and are supposed to be protected. In one of the cases a victim even tried to
commit suicide due to the pressures from her trafficker`s lawyer. The only
reaction from the authorities was to transfer her to another detention center
without any appropriate treatment regarding her psychological condition. The
result was that when she testified she was unable to express herself properly.

Another worrying point is the lack of collaboration between the authorities
and the NGOs prior to the deportation of the victims. This is an extremely
important point because it prevents Israeli NGOs from organizing together
with NGOs from the countries of origin the arrival of the victims in a safe way.
This lack of collaboration not only prevents the victims from being taken care
of when they arrive in their country but even exposes them to vengeance.




                                       27
          Embassies of Countries of Origin
The travel documents of the victims of trafficking are usually confiscated by their
traffickers. This leaves the women to the mercy of their traffickers but also to the
mercy of their own embassies. Some of these embassies tend to exploit the victims
as they demand a fee for the issuing of new travel documents. Since July 2003 the
Embassy of Moldova demands US $80 and only through a bank account. The
Embassy of Uzbekistan requests US$25 for the documents and also lengthens the
necessary time for consular treatment of the documents.
In previous years the Moldovan Embassy noted on the travel documents of the
victims of trafficking that they used to work as prostitutes in Israel. Following
pressures from various NGOs the consul of Moldova recently agreed not to write
these notes on the travel documents anymore. However Machon Toda`a has no
evidence yet that this practice has been cancelled.

Attitude of the media towards prostitution and TIP

The media remained silent during the 90`s in front of the crime of TIP. In
2000, when Amnesty International decided to make a report on trafficking in
women and at the end published a report on Israel only, the Israeli media
started talking about the issue claiming that Israel was the worst destination
country in the world. Since the report of Amnesty separated trafficking and
prostitution, the media concentrated as well on the issue of trafficking and
continued to be silent regarding prostitution. Several journalists who followed
the issue of trafficking insinuated that in some cases and despite the bad
treatment they suffered, part of the trafficked women preferred what they went
through in Israel than their lives in their countries. From these articles and
documentaries, spectators and readers could deduce that the problem was
not trafficking in itself but the harsh conditions in some of the brothels. Even
the articles that opposed trafficking per se used to remain silent on the issue
of prostitution.
During 2003 a new tendency appeared and we started to see articles on
trafficking that raised the question whether legalizing prostitution would help to
control the sex industry and improve the conditions of trafficked women. Other
articles and documentaries started to “investigate” the local prostitution,
emphasizing the issue of free choice. Some of the articles even directed the
interviews so that the interviewees would talk about the necessity to legalize
prostitution in order to control the industry and improve the “work conditions”.
It seems that one of the reasons for this tendency is the fact that the
newspapers earn a lot of money from adds for prostitution. The law against
advertising for prostitution is of no help as the words to describe the proposed
activity do not refer directly to prostitution but to “escort services” or “health
spas”. These advertisements are very expensive so that only the organized
prostitution can afford them.

It is reasonable to think that the presentation of the issue by the media has
consequences that can be perceived in the results of the public opinion
survey done by the Knesset research center in December 2003.




                                        28
Public opinion survey:

The Knesset Information and Research Center issued a Public opinion survey
on 8th December 2003 by Ella Heller, Senior researcher:
“Public position and awareness regarding the phenomenon of Trafficking in
women and the public perception how Trafficking in Women is a violation of
human rights”

To the question have you heard about trafficking in women 90% of the
interviewees answered yes and 76% of them could note without help the
characteristics of the phenomenon.
To the question that checked the characteristics of the phenomenon 54%
noted spontaneously that Trafficking in women for prostitution purposes is
exploitation, degradation and violence against the victims of trafficking.

Though 76% of the interviewees affirmed knowing how degrading and violent
the phenomenon of trafficking is, to the question “about which phenomena of
violation of human rights that happen in Israel have you heard” only 5.6%
noted spontaneously trafficking as a violation of human rights:
       6.4% of the Jewish interviewees (2.2% women and 10.6% men)
       1% of new immigrants from the former Soviet Union
       1.3% of the Arab interviewees
To the question of violation of women`s rights in Israel only 8% noted
trafficking as violation of women`s rights in Israel:
       9.3% of the Jewish interviewees(5% women and 14% men)
       3.1% of new immigrants from the former Soviet Union
       not mentioned by Arab interviewees
In public awareness trafficking in women is linked more to a lack of morality
than to the issue of violation of human rights.

62% separate trafficking in women and prostitution.
The question what differentiates trafficking in women and prostitution was
addressed to these 62% interviewees. 85% of them noted the free will
parameter. Though in both cases the women end up in prostitution, a large
part of the public tends to differentiate prostitution from TIP by the “fact” that
women in prostitution chose this situation while the trafficked victims did not
choose from their own free will.
Regarding the three “actors” of the phenomenon (traffickers, trafficked women
and customers):
       87% of the interviewees see the traffickers as serious criminals who
    should be punished severely.
       57% see the women as victims only
       13% see them as collaborators
       16% of the interviewees see the trafficked women as both victims
    and collaborators
       5% note that the women are criminals
As a whole almost 40% of the interviewees consider the women as active part
of the issue mainly as collaborators but also as criminals.



                                        29
As for the clients:
         40% see them as collaborators
          20% see them as criminals
         4% see them as criminals and collaborators
         21% cannot give a clear definition (28.5% men 20.5% women)
         4% do not know
 It is interesting to note that 4% of the interviewees saw in the clients as both
 criminals/ collaborators and victims at the same time. And women see
 clients as criminals more often than men ( 23% vs. 11%) and more men see
 the clients as victims ( 7.5% vs 1.1%)
 43% of the interviewees (men and women alike) think that trafficking in
 women always was and always will be.

To the question “what is the right way to adopt in the fight against TIP”:
    95% are determined to fight against traffickers and to punish
       them.
    83% support the deportation of the victims to their country of
       origin.
Regarding the question of legalizing prostitution:
       85% of the interviewed refuse to express an opinion.
       Of those who do respond almost 60% are in favour of legalizing
   prostitution (68% Jewish men, 58% Jewish women, 41% Arabs, 68%
   immigrants from the Former Soviet Union)
        32% are against (25% Jewish men, 31% Jewish women, 56%
   Arabs, 23% new immigrants from the Former Soviet Union)
       8% do not know.
       Interesting to note that most of the interviewees from the Arab
   sector are against legalizing prostitution.

To the statement “The Police is too lenient towards traffickers”:
      20% do not agree (17% Jewish men, 21% Jewish women, 29%
   Arabs, 68% new immigrants from the Former Soviet Union)
      62% agree with the statement (68% Jewish men, 57% Jewish
   women, 57% Arabs, 19% new immigrants from the Former Soviet
   Union)
      18% do not know.

This research shows that a public campaign by the authorities and NGOs
through the media explaining the connection of TIP with human rights as well
as the fact that legalizing prostitution will not decrease TIP is vital. It is
striking to notice the lack of public awareness that trafficking is not only a
phenomenon that occurs on the international level. Machon Toda`a has
encountered cases where Israeli women were sold between pimps and were
considered as merchandise going through the same hell as the trafficked
foreign women: rape, kidnapping, physical and mental violence, threats,
starvation conditions, detention, etc.

Local Prostitution




                                       30
Machon Toda`a does not have yet any statistics regarding Israeli prostitution
as it is difficult to accumulate them. Israeli prostitution is to be found in
discreet apartments, in the streets, in saunas and in brothels and the
prostitutes are women, men and transgender persons of all ages.

Local prostitution in discreet apartments

One of the most striking phenomena in the development of local prostitution is
the discreet apartments prostitution. The majority of these apartments is
managed by women known as “Madame” and of whom some are former
prostitutes but more and more young women find in this activity an easy way
to earn a high income. The recruitment for the apartments is done through
adds in the local and national newspapers and usually the “managers” do not
accept trafficked women in order to avoid problems with the police. These
apartments usually cater for the wealthy sector of society. This type of
prostitution is generally not perceived as a problem though reality shows
otherwise.
The women “employed” in these apartments are submitted to violence from
customers, “Madames” and the cashiers. This violence is physical, financial
and psychological:
     Physical violence comes mainly from the clients who more and
        more request BDSM acts. Some of the apartments are even
        specialized in hard BDSM.
     Financial violence since the “Madame” imposes fines for each
        and any “misconduct” done by the “employees” such as refusal
        to go with a customer, refusal to perform certain acts, when
        they come late to “work”, for taking a break on an inappropriate
        moment. Employees who use drugs without the agreement of
        the “Madame” are fined up to a few hundred shekels but on the
        other hand if the “Madame” decides that her “employees” need
        vitamins, she forces them to undergo injections of vitamins she
        gets from an unknown supplier and forces them to pay a lot of
        money for this. They cannot refuse as this is considered as part
        of the rules of the establishment5.
     Psychological violence through humiliations either from the
        “Madame” or among the “employees”. This violence can be
        expressed by the fines that “employees” get for misconduct or
        even by the possibility for the “Madame” to “dry” the
        “employee”, which means preventing the “employee” from
        getting customers for a certain period. At the beginning the
        “Madame” presents herself to the new “employees” as a nice
        and caring person. As most of the new “employees” have
        already a history of exploitation they are trapped very easily so
        that when the “Madame” reveals her exploitative personality
        they are unable to cope with this, they think they are the ones
        to be blamed and act as she wants them to in order to be able
        to regain her “care”6.

5
 Article in Ma`ariv by Sari Makover Blikov, “ Ba`a lot Ha-Bait” ( The “Madames”) on March 2004
6
 Private conversations of Machon Toda`a representatives with women “working” in private
apartments. The parallel with the situation of battered women seems strong and needs to be researched.


                                                  31
When an apartment is succeeding there is always a moment when it attracts
the attention of the big sharks of the sex industry, who send criminals working
for them to “convince” the “Madame” to pay them protection fees and to
become a branch manager in the net7. What might have started as a “private
business” becomes part of the organized crime and finances it.



Street Prostitution in Tel Aviv

Main known areas of prostitution: Tel Baruch (according to GLBT were
observed 300 persons in prostitution) , the Diamonds Exchange Center, the
Northern Railway Station, Gan Hachashmal ( according to GLBT were
observed 60 boys and transgenders and 4 girls) and the Old Central Bus
Station in the south of Tel Aviv.
Types of prostitution: local women and trafficked women who escaped from
brothels, male prostitution mainly youth, transgender prostitution.
Drug users: some of the street prostitutes are using drugs but not necessarily
heroin. Heavy users can be found mainly in the Central Bus Station.
According to GLBT in the area of “Gan Hachashmal” were observed “pushers”
( drug dealers who use the boys to close drug deals).
Prices: 50 NIS (1US $ =4.5 NIS)for oral sex, 100 NIS for a “quicky”. Also
depends whether the amount needed for the drug or the pimp is at hand.
Minors can and ask for higher sums.
Pimps; most of the prostitutes have a pimp/ “friend”/ dealer. According to
GLBT more than third of the persons in prostitution in the area of “Gan
Hachashmal” are pimped.
Due to the harsh economic situation: more and more Israeli women can be
seen in the areas of prostitution. According to GLBT some of the persons in
prostitution in the area of “Gan Hachashmal” do not have homosexual
tendencies and more and more come from families facing harsh economic
situation and sometimes even hunger. GLBT observed many examples of
boys entering prostitution in order to support their families, which are
composed of mothers and younger brothers and sisters.
Violence: Violence is quite spread in the prostitution areas. GLBT observed
in the “Gan Hachashmal” area many problems of violence from gangs of
drunk persons and other hoodlums who use to rob the boys, beat them and
also abuse them sexually. Example for this is V. who was found by GLBT
volunteers, beaten and bleeding after three men attacked him and robbed his
earnings of his last two hours of work. V. refused to go to hospital and when
he recovered kept on working saying that he needs money for the day after.
According to information received later GLBT volunteers realized that V.
brings money to his grandmother and his ill mother and by prostituting himself
he helps financing his family. Other forms of violence exist in the area of
“Gan Hachashmal “ : among the boys themselves, from pimps and sponsors
towards the boys, from the police towards those who are found in the area
including the boys (for further details see below), from customers towards
female prostitutes when they find out that they are transgenders.


7
    Sari Makover Blikor, „Ba`a lot Habait” , Maariv 2004


                                                   32
In the “Tel Baruch” area GLBT observed other forms of violence such as
violence from customers towards the persons in prostitution, from pimps and
sponsors, personal quarrels, due to control over certain “territories”, as
“punishments” for performing unsafe sex.

Attitude of the police towards street prostitutes: this attitude depends on
the internal political struggles. For example on May 2003 the police in Tel-
Aviv started to harass minors in Gan Hachashmal asking them every 10 to 15
minutes for their identity cards (as they are no longer allowed to arrest for
soliciting). One night as representatives of Machon Toda`a were talking to two
young boys prostitutes in the area, three different teams of policemen came 3
times within half an hour and checked the identity cards of the youngsters.
When the third team asked for their identity cards, the Machon Toda`a
members complained about this harassment saying that the young boys were
already checked twice. As a result the members of Machon Toda`a were
asked to hand over also their identity cards and were threatened to be
charged for procuring. At the same time the police in Tel Aviv also harassed
gay men in their habitual meeting places, which shows that this attitude was
linked to an internal problem in the Tel Aviv police. Lately the situation slightly
improved both for gay men and for street prostitutes.
Lately, as the police forces started to close many brothels in the area of the
Central Bus Station, we could witness a decline in the number of customers in
this area both for brothel prostitution and street prostitution. Prices are
dropping and therefore prostitutes are ready to do things that they were not
ready to do before. They are also obliged to accept customers that they were
not ready to accept before.
Health problems:
According to GLBT in “Gan Hachashmal” there are many health problems
due to lack of information on safe sex and STDs, therefore there is a
propagation of all kinds of herpes, lice and other sorts of parasites. Many
though they know they have health problems do not stop working due to
economic distress and endanger both themselves and the customers. GLBT
report mentions both “Levinski 108 clinic” and “ Doctors without Borders” that
helped a lot some of the boys.
In the “Tel Baruch” area the persons in prostitution try to respect safe sex
rules but still a propagation of STDs can be observed. This rises the question
of the role of the customers in the propagation of STDs.

The problem of STDs does not only exist in street prostitution but also in
brothel prostitution.In the years during which the police could not close the
brothels due to the legal situation an acute problem was raised: how to enter
the brothels and get in touch with the women and receive their trust. Also
there was a need to help the women receive assistance and a way out. A
beginning of an answer to this situation was found in the work of the STDs
clinic in Tel Aviv.

Medical Center Levinski 1088

In the last years a considerable spread of sexual diseases has been observed
in Israel. As most of the infected persons were young males who, for half of
8
    Report of Yael Gur for the Medical Center Levinski 108, Ministry of Health, March 2004


                                                   33
them, were infected during an intercourse with a person in prostitution, the
medical authorities of Tel Aviv decided to check the situation in the brothels .
The medical teams visited 72 brothels where 300 women were checked and
the findings brought about the establishment of the Levinski Medical Center,
where the tests and the treatment are free and anonymous.
The goals of the center are:
     to identify and treat those who have a Sexually Transmitted
        Disease (STD) ,
     to carry out periodical check ups for the persons in danger,
     to increase awareness of the public regarding the possibilities of
        being infected, the ways to avoid infection and the cures.

   The clinic is located in the Central Bus Station of Tel Aviv, not far from an
area of many brothels and is targeting all persons whose sexual behaviour is
risky, whether because of multiple partners or because they sell or buy sex.
The Clinic is managed by Yael Gur, a social worker, who has established
during the 15 months of its opening a very interesting working module with
volunteers who spread the knowledge about the existence of the clinic
through outreach work in the prostitution areas of Tel Aviv.
The first stage of getting in touch with the women in the brothels was done by
the team of the clinic.This team tried to make contact with the women in the
brothels and to distribute leaflets. In cases where the owner , the pimp of the
brothel was around it was very hard to get any concrete conversation, the
women were either indifferent or not interested. In cases where the women
were by themselves in the place , without clients or other witnesses the team
received the following attitudes:1. Disbelief that the clinic is really free and
anonymous and is not cooperating with the police. 2. Disbelief that the clinic
services are professional since these are given free of charge. 3. Joy and
greatfulness for the information, sometimes the women promised to visit the
clinic. The visits are usually done during midday and in the afternoon.
The second stage of the outreach activities was to arrive to the brothels in the
evening and at night. For this purpose were drafted the volunteers of “ELEM”
who are already participating in the project “ERIM BALAYLA” which is already
taking care of minors in prostitution. The volunteers distributed the leaflets
and postcards of the clinic in the brothels. This gave them the opportunity to
enter the brothels, spread the knowledge about the existence of the clinic to
women in late night shifts as well. Due to the fact that despite these two
stages not many women did arrive to the clinic it was decided to introduce a
third stage.
The third stage: since the beginning of 2003 the Central Bus Station
presented a non secured place for the women to visit as many immigration
police persons were circulating and frightening the immigrants. This fact urged
the clinic team to try and issue medical tests inside the brothels only with the
consent of the women without any pressure from the pimps.
The clinic also formed a forum on the issue of trafficked women which goal
was to find new effective ways to give medical aid regarding STDs to
trafficked women. The participants were the manager of the clinic, the
managers of Machon Todaa, and a representative from Doctors for Human
Rights. The decision was to make a research among the women in the
brothels with the following purposes:



                                       34
        deepening the knowledge of the clinic concerning the needs of the
        trafficked women in order to find out how to fit the services of the
        clinic with these needs
       increasing the trust of the women in the clinic.

   The research is not intended to be used for academic purpose that might
recommend to legitimize prostitution. The first target group that will be
addressed will be the prostituted persons in the streets. The forum also
decided to check ways to use the research as a platform to establish a
support group for trafficked women and concerning the medical checks in the
brothels it was decided that the checks will be held without the participation of
a police officer. A day or two before the date of the medical tests the
volunteers of the clinic will visit the brothels and inform that at the following
date a team from the clinic (including a doctor) will visit the brothel and
propose free anonymous checks for all STDs. It will be evident that the
women that will be found ill will get free medical treatment on behalf of the
clinic.
In September until November 2003 the Clinic team visited over 25 brothels in
the area of the Central Bus Station – In those brothels where the women
stayed without the chaperoning of a pimp the women were usually very keen
and agreed to pass the health tests.
During its 15 months of existence more than 170 women came to the clinic for
tests. These women could also speak with the manager of the clinic who is
also a social worker. The women stressed the need to come and talk with
somebody on a permanent basis, several women talked about their fright to
loose their minds and wanted to talk to professional staff. These
conversations allowed the clinic not only to help some of the women but to
have an insight to the problems of the trafficked women. This allowed the
clinic to efficiently take part in the meetings of the Parliamentary Investigation
Committee and to be involved in the law proposal for the reinsertion of
trafficked women.


Prostitution and Trafficking in Jerusalem

There are no actual numbers of the prostituted persons in Jerusalem yet but
during a first assessment and mapping of the situation in Jerusalem by Kol
Ha- Isha team the following observations could be made:
1. Prostitution and TIP in East Jerusalem:
According to the information gathered there is a lively sex industry in East
Jerusalem. There are several known brothels run by women near Jaffa Gate
and Sichem Gate. The persons in prostitution are students as young as 16
from the Palestinian territories (Napluse and other areas) from very poor
families. There are many cases of selling trafficked women to Palestinian
cities such as Hebron and Ramallah. There is a known example of a woman
who was sold to Ramallah and disappeared and of whom no information was
received until today. Women in prostitution in East Jerusalem are mainly
trafficked women, then Arab women, then Jewish women. Specific information
was received regarding a brothel in Beith Hanina (near Jerusalem) which is
managed by a highly respected Palestinian family where when raided 6 to 7
girls and students as young as 16 were found. In another case in the Old city


                                        35
of Jerusalem a brothel with 16 girls, students from Universities were found
when the son of the owners raped one of the girls. The girl complained and
the police raided the establishment and sent the girls home. No one knows
what was their fate afterwards.

2. From a source in the Central Unit of the Jerusalem Police the following
information was received about trafficking in women:
     Trafficked women are brought to Jerusalem usually when the
      deal was already done with the traffickers in other parts of Israel.
     No brothels are to be seen. The women are held in private
      apartments. Those apartments are not known.
     The deal with customers is done through adds in the local
      newspapers. When the customer calls the woman is sent to him
      if he is already located in a hotel room or in his own apartment.
      Otherwise he is directed to one of the hotels specified by the
      pimp.
     There is a problem of kidnapping and swapping of women
      among rival gangs. (An example was given by another source
      about a judicial case of a religious Jew and an Arab who
      kidnapped trafficked women and passed them from one brothel
      to another).
     Trafficked women are reluctant to testify against their trafficker
      unless they were neglected or locked.
     Process of the police raids: Every raid is executed only after the
      information on apartments is received. The first stage is to check
      if the case is related to an investigation on trafficking. The
      women are questioned and the illegal ones are sent to the
      Detention Center “Michal” to be deported to their countries of
      origin. The legal women are freed. 95% of the women do not
      agree to testify against their traffickers. Those who agree to
      testify are sent to the shelter in Tel Aviv.

 Another source checked the adds in the local newspapers and gathered the
following information:
     The act of prostitution is done either at the client`s location or
       proposed known hotels. This shows that there is a large
       collaboration in regard to trafficking in women including hotels
       and local newspapers.
     The women proposed were mainly from the following countries:
       Russia, Ukraine, Romania.
     Prices are: Usually 250 NIS per hour. One place also offered
       10,000 NIS for 40 hours.

Youth prostitution in Jerusalem


  The mapping of the prostitution of minors in Jerusalem just started and
therefore Machon Toda`a has no accurate statistics but a first information
shows specificities linked to the particularity of the city. To the “classical”
prostitution scene we have to add the issue of young religious persons leaving
the ultra orthodox community and finding themselves in a secular environment


                                      36
unknown to them and sometimes hostile. We also have to add the special
composition of the city that seems to allow a flow of young persons from one
community to another, completely different one.




Youth prostitution in Israel:

According to the report of “Service for girls in distress” from the Ministry of
Welfare there are officially 17,000 girls up to the age of 21 who are
considered needy for welfare assistance. According to the official data 3,500
girls are from the Arab sector but former MK Hosnia Jabara stated that this
number is minimizing and she stated a figure of 10,000. The Minisry of
Welfare reported in November 2003 that 600 girls of Russian or Ethiopian
origin were kept as sex slaves around the southern city of Beer Sheva in the
Beduin settlements. In Jerusalem an unknown number of prostitutes, boys
and girls .
In the city of Bat Yam, near Tel- Aviv , there are 350 known girls aged 13-14
that are prostituting themselves at extremely low prices.
These are only a few examples of the development of prostitution of minors in
Israel. Similar situations can be found in other cities in the country.
Facing this terrible situation, there are only very few shelters. For example in
Bat Yam to assist 350 girls in prostitution there are only 4 social workers in
the Municipality unit in charge of boys and girls, 1 transit apartment, 1 “Hot
house”, 4 girls places opened after school for girls and some community
projects. There are always minors who do not find a place that suits them and
it is true not only for Bat-Yam but for the whole country.

In Tel-Aviv, for example, ELEM started the “Erim Balayla” project during 2001,
which is a reinsertion project for prostituted minors and young persons.

During the time that the project is active 90 young persons at the ages of 13-
21 were helped. 13% girls; 74% boys and 13% Transgenders.The volunteers
keep intensive contact and accompany on a long term basis 31 young
persons. Last month( March 2004) Dorit Friedman pointed out whille starting
an awareness campaign that the number of known prostituted minors in the
TelAviv area reach 200
For more data on the “Erim Balayla “ project see chapter 5

According to the GLBT association report of 2003 were observed 11
teenagers from the Palestinian Authority, who are involved in the sex trade.
GLBT has noted that until now no program is taking care of them. In most of
the cases these Palestinian youngsters are gays, a fact that endangers their
life in the Palestinian Authority. In order to escape torture and possible death
they come to Tel-Aviv where they practice prostitution in order to survive.
Though they are illegal in Israel the Police does not deport them because of
the threat for their lives. This figure might be under-estimated as we know that
hundreds of Palestinian gays found a shelter in Israel as homosexuality is
punished by death penalty in the Palestinian Authority. Since May 2002 it is
not possible to issue stay permits for them due to a law that denies it from



                                       37
Palestinian persons as in the last years dozens of thousands of Palestinians
from the Palestinian Authority asked a stay permit in Israel. Any solution for
the issue should involve a third harbor country. All attempts to find such a
country were unsuccessful.




Crossroads
As far as Trafficking in Women and prostitution are concerned Israel is
currently at a crossroads. Until 2003 the country concentrated its efforts on
the issue of trafficking but ignored the issue of prostitution itself except
prostitution of minors. Since 2003 the prostitution itself is aborded on the
political level . Now there are two directions that are proposed:
     The first direction is proposed by MK Zehava Galon, who links
        prostitution per se and trafficking and believes that in order to fight
        trafficking effectively there is a need to break the infrastructure of
        organized prostitution. Many law proposals of MK Zehava Galon have
        already passed as laws, as can be seen in chapter 4 and lately another
        law proposal passed already at preliminary hearing and is helping the
        police to close places of prostitution.

Preliminal hearing of law proposal of MK Zehava Galon : Amendment to
the criminal law 2003- Closing of places where pandering and TIP takes
place. (P/1316)

      The second direction is proposed by MK Reshef Chen, who on behalf
       of a liberal feminist approach would like to see prostitution legally
       recognized as a legitimate activity. Basing his arguments on the report
       of Judge Hadasa Ben Ito that was issued in 1977 and claiming that the
       women in prostitution have nowhere to practice prostitution but in the
       street “behind the garbage bins”, MK Reshef Chen presented in July
       2003 a law proposal that would have changed the whole situation. The
       amendment to article 199 of the Penal Code was destined to enable a
       landlord to receive a rent from a woman working in prostitution as far
       as the price is acceptable. The amendment to article 204 stated that
       keeping a place for prostitution purposes would be an offence punished
       by a penalty of one year (instead of five years currently ) only if a police
       officer decides that the activity represents a nuissance or endangers
       the public. The amendment to article 205 stated that the renting of a
       place to a prostitute for prostitution purposes would be an offence only
       if the police sends the landlord a letter requesting to stop the renting.
 As this law proposal was rejected by the Ministry of Justice MK Reshef Chen
changed his proposal into a new one. This time there was only one
amendment to article 204:

Law proposal presented by MK Reshef Chen: Amendment to the Penal
Code article 204: Renting or running a place including cars and boats
for prostitution purposes of another person - is punishable by a term of
imprisonment of 5 years (P/1350)



                                        38
N.B.: In this law proposal MK Reshef Chen just added “of another person” to the
existing article.

The Ministry of Justice opposed this amendment as well stating that it is in
fact a legal recognition of prostitution as a legitimate activity which is opposed
to the spirit of the Israeli Law based upon the UN Convention of 2nd of
December 1949.
Machon Toda`a agrees with the Ministry of Justice and notes that anyway it is
never possible to know whether the person in prostitution is actually the real
owner of the place or is just a screen behind which a pimp is hiding.

Machon Toda`a would like to remind that prostitution is a result of social and
gender inequality and that this situation worsens during times of war and
economic depression. In a country such as Israel where :
    Between 15% to 17% of the minors are considered at risk
    83% of these minors will not receive institutional aid.
    A large part of the population is composed of recent immigrants facing
      harsh economic difficulties
    A large portion of the women who are single parents do not succeed to
      break away from the poverty circle
    60% of the unemployed are women
    2/3 of those who depend on social welfare are women
    1 in every 4 women will undergo sexual harassment or rape during her
      life ( knowing that in most of the cases it happens in families and
      against minors)
    1 in every 7 women is a battered woman which means that the woman
      and her children live in an atmosphere of violence and fear
    The difference between the richest and the poorest part of the
      population is one of the biggest in the western world and only grows
      from year to year and so is the difference in salaries between men and
      women
    And to top it all the government and the Knesset agreed to important
      budget cuts especially in the welfare and education systems.

Facing this situation Machon Toda`a does not think that it is relevant to talk
about improving the “work” conditions of persons in prostitution by legalizing
prostitution. It would be better to improve the general social welfare and
education in order to prevent the development of prostitution and to create a
safety net for those who are already trapped in prostitution.
Anyway there is no need to change the law as the legal directives of the
Public Prosecution have already taken care of the issue (as can be seen in
chapter 2). The actual situation is illustrated by the following sentence said by
“Dina”, a prostitute from Jerusalem:
 “ There is no law against prostitutes in Israel, when the police comes I
just tell them that I am a prostitute , do not employ anybody and does
not operate appartments. An average enquiry takes around 3 hours and
in the end they just nicely say goodbye.” 9



9
    Article in Kol HaIr Jerusalem by Amir Shoan “The war on escort girls”, March 2004


                                                  39
   Fourth Chapter: Measures taken by national and local authorities

On December 2000 Israel signed the UN Convention Against Transnational
Organized Crime and on the 14th of November 2001 Israel signed the supplementary
Protocol dealing with trafficking in women.

   On June 13th 2000 a parliamentary investigation committee on Trafficking in
Women was created and headed by MK Zehava Galon from the party Merez. This
committee includes 17 MK`s representing all the parties in the Israeli Parliament.
Representatives from the NGO`s declared themselves opposed to the legalization of
prostitution as a means to fight against trafficking in women. Machon Toda`a and the
Hotline for Migrant Workers are invited to each one of the meetings of this
committee.

Until March 2002 there wew 21 meetings. Since March 2002 until March 2003 there
were 10 meetings that resulted in a number of law proposals some of which have
already been presented to the Law committee of the Parliament and were accepted
for voting by this committee on 7th of February 2002. In December 2002 the
Investigatioon committee issued its interim report, which grants the phenomenon of
trafficking in women for prostitution purposes the utmost importance of national
concern. In addition to the amendments of the existing laws some of which have
already been passed a first reading, the report offers a global operative legal
approach to the issue.

Following are the amendments that passed the preliminary hearing:

1. It was decided that the minimum penalty regarding the felony of trafficking in
   women will represent a quarter of the maximum penalty which is 16 years. The
   committee has decided that the court will be obliged to determine at least part of
   this penalty as actual arrest and not only conditional arrest unless there are
   special reasons to do so. Passed as a law in 2003
2. There is the possibility to judge an Israeli citizen that committed the felony of
   trafficking in human beings for prostitution purposes in another country even if in
   this country trafficking in human beings women is not considered as felony.
   Passed as a law in 2003
3. It will be possible to take evidence of the victim of trafficking before the beginning
   of the trial to allow the victim to get back to her country of origin as soon as
   possible. The evidence will be taken during 2 months from the day that the court
   has determined that an early testimony is possible. Passed as a law in 2003
4. The victims will be allowed to testify without the perpetrator physically present in
   order to avoid the threat that might constitute the meeting with the perpetrator.
   Passed as a law in 2003
5. The committee determined, with the recommendation of the Ministry of Justice,
   that the legal assistance of the Ministry of Justice will assist the victims of
   trafficking both in the question of their administrative detention and in their civil
   suites against the pimps. As per estimation of the Ministry of Justice the Legal
   assistance will deal with at least 4,000 files per year. Each file will cost NIS



                                           40
   3,000.- which means that the Ministry of Justice will have to pay NIS 12 Million (
   $2,500,000.-) per year. Passed as a law in 2003

Other law proposals have not yet passed the preliminary hearing. These are mainly
law proposals that request a considerable budgetary effort.
1. As there is a constant need to defend the witnesses there is a law proposal that
   requests a witness protection program. In process
2. Victims of trafficking do not have medical insurance and when the police rescue
   them from the brothels the medical treatment they need is not covered by the
   state except for emergency cases. This need has to be taken care of by the state.
   Passed as administrative regulation in 2003
3. A law proposal that allows the victims of trafficking to stay in Israel for at least 3
   months and with a possibility to extend the period on humanitarian grounds. In
   process
4. Law proposal – A work permit for 6 months to victims of trafficking. Passed as a
   decision of the Ministry of Interior in March 2004 for the time of the trial.
5. A law proposal to protect women arriving to Israel in the frame of mail order bride
   agencies. This law proposal wants to protect women in case they find out that
   marriage was not the real purpose of their arrival to Israel, Law proposal is
   presented to the Knesset ( see in this chapter new law proposals).
6. A law proposal to add victims of trafficking to the list of plaintiffs that are allowed
   to have hearings with closed doors. The rational behind this law proposal is the
   same as is the rational according to which is a hearing in case of sexual offences.
   Not yet dealt with.

In January 2001 an “Inter-ministerial committee to study and combat the trafficking in
persons for prostitution purposes” was created headed by Superintendent Avi
Davidovitch. This committee met several times and heard some NGO`s as well as
other experts on this issue. The interim report was published in November 2002. The
main recommendations of this committee include:
1. The construction of a shelter for the victims of trafficking – should have been
    opened in March 2003 and was postponed to April 2003. The shelter will be a
    place also for victims who do not want to testify and a two weeks period will be
    given to them to decide whether or not they want to testify. In special cases this
    period could be extended as per the individual case. During their stay in the
    shelter the women will be entitled to psychological, social and medical assistance
    as well as pocket money for their expenses. Done
2. The use of financial tools to hurt the traffickers and to enable the legal system to
    confiscate the earnings and possessions of the perpetrators. Done
3. The construction of a body that will coordinate among the different authorities
    that treat the issue (Police, Public prosecution, tax authorities, Ministry of foreign
    affairs, etc.) as well as coordinating between the NGO`s and the governmental
    authorities. In process
4. Awareness campaign in the countries of origin as well as in Israel. Not yet
5. Israeli police should continue to implement the instructions of the Head of the
    Investigation Department from 1.6.2000 and investigate cases of trafficking.in
    process
6. Develop the cooperation between the army and the south district police on the
    Egyptian border, where most of the trafficking occurs. Try to influence Egypt as a
    transit country to reinforce its action against the phenomenon along its border
    with Israel.Done
7. Development of the cooperation with the authorities of the countries of origin.
    There is cooperation with some of the countries.
8. Training programs for government officials that are facing this phenomenon:
    police officers, Ministry of Interior, Public Prosecution, Ministry of Labour and
    Welfare. Started in 2003


                                           41
9. The state will appoint legal assistance to every trafficking victim at the expense
    of the State. Legal assistance is appointed to the victims that agree to
    testify against their traffickers.
10. In each case of deportation to the country of origin with the consent of the victim,
    the origin country will be notified so that they will be ready to receive her and give
    her the necessary rehabilitation and security, It will be possible to be assisted by
    different NGO`s that help the victims of trafficking in their countries of origin. Still
    only in a few cases. A procedure needs to be established.
11. Proposed legal amendments:
 An Israeli citizen could face conviction also when he is committing the offence in
    a different country. Done
 Legal arrangement to confiscate the belongings of the traffickers Part is done
    and part is in process
 Legal assistance between countries should include the possibility to act
    according to an international confiscation act regarding these offenses. In
    process
 Issue an act that will authorize the police to close down brothels where there is
    use of trafficked persons. In process


New Law Proposals in 2003:


Law proposals initiated by MK Zehava Galon presented to the Knesset:

-On the 9th of June 2003 ( P/883):
Amendment to the criminal Law article 203A
Trafficking in persons for exploitation purposes, or slavery –
Due to the phenomenon of MailOrder Brides to Israel mainly from Ukraina, the
following law proposal was presented:
     He who buys or sells a person for marriage purposes with intent to
       exploit or enslave this person he or the middleman of this deal , is
       punishable by a term of imprisonment of 10 years
     He who causes a person to leave the state in which the person lives for
       marriage purposes with intent to exploit or enslave this person, is
       punishable by a term of imprisonment of 5 years

-On the 15th of January 2004 (P/1316) – Passed Preliminary Heairng.
Amendment to the criminal law 2003 ( 204 a; 204b)- Closing of places where
pandering and TIP in persons takes place.


Measures taken by national authorities regarding local prostitution:

The Authority for the Rehabilitation of Prisoners (ARD)
According to the information received from Anat Gur, consultant for women
detainees, in “Neve Tirza” prison are staying 130 detainees when about 70%
of them are drug addicted and prostitute themselves to afford the drugs. No
accurate statistics are available since the detainees do not talk about it.
The Authority for the rehabilitation of prisoners (ARD) established
rehabilitation and reinsertion services for women and a hostel for those
released from prison. There is also “Telem Center” – a day center for
treatment and professional insertion for released detainees. Each woman has


                                            42
a special program built with the center consultant according to her needs.
Since it is a slow and complicated process part of the work is already done in
prison with the help of former detainees who succeeded their reinsertion. In
the hostel there are 5-8 women. In the “Telem Day Center” are currently 10
women.
Since the begining of this program in 1989 many women beneficiated from it,
part of whom are now successfully reinserted . The center is still in contact
with 30 prostitution survivors. For the last 2 years Anat Gur has been working
on a dissertation regarding the issue of reinsertion of persons in prostitution
and this helps to break a taboo on the issue in the ARD.

Community services for minors in distress:

The scope of solutions, both institutional or proposed by NGOs is far from
being adequate when the number of minors in distress that is quoted is
366,402 ( according to a Brookdeil Institute research done 2 years ago) while
the number of solutions available is only for 58,000 minors. This number was
quoted during the Parliamentary Committee on the Rights of the Child on the
2nd of March 2004. Only minors in high risk are refered to the relevant
institutions (12,000 places) and even then the waiting list is very long. Due to
budget cuts also the existing number of solutions is expected to be reduced.
Considering the urgency of the problem this can be considered as a crime of
non assistance to minors in danger.




                                       43
Fifth Chapter: Activities of NGOs

Only recently more NGOs became aware of the phenomenon of trafficking
although it has been existing for several years already.
    The coalition of organizations against trafficking in women that was
     created by the sociologist Esther Eylam after the 1997 report, written by
     Martina Vandenberg from Global Survival Network for the Israel Women
     Network (IWN) still exists but, since it deals only with the issue of
     trafficking and does not relate to the organized system of prostitution
     (pimps and procurers),its work is reduced only to a sporadic help to the
     women that are detained until they are expelled to their countries of origin.
     Hotline for Migrant Workers and IshaLe`Isha (Woman to Woman) are
     members of this Coalition.
    Kol HaIsha (Feminist Center in Jerusalem) – started to work on the
     issue through a team that maps the prostitution scene of the city in
     collaboration with Machon Toda`a.
        Isha LeIsha – (Feminist Center in Haifa) is preparing a program of
     training of officials that are in contact with trafficked women in northern
     Israel. They are the official visitors that are allowed to enter the compound
     in Hadera only once a week.
    Hotline for Migrant Workers continues its activities as a center of legal
     assistance for trafficked women in detention. It also brings many stories to
     the media and promotes public awareness through lectures and seminars.
     (Hot Line for Migrant Workers ,Isha Le`Isha and Adva Center published in
     July 2003 a brochure including the testimonies of 106 trafficked women
     during the years 2001 and 2002 – “Isha Overet Lasocher” .
    ELEM (an organization that assists minors in distress) has started two
     years ago a program to help commercially sexually exploited youth to
     leave prostitution. A day care center was opened in 2003 in the area of
     “Gan Hachashmal” and a specific hotline for youth in prostitution was
     established a few months ago.
    Awareness Center is collaborating with the parliamentary committee of
     MK Zehava Galon regularly and is requested to give lectures to different
     Ministries (Social affairs, Education, Justice) and to different faculties in
     the Universities as well as continuous work with NGO`s to promote the
     Abolitionist philosophy. In order to promote the Abolitionist philosophy
     Awareness Center issues articles in Hebrew that are distributed through
     Internet to the whole country. In October 2002 the center organized the
     33rd Conference of the IAF (International Abolitionist Federation) -
     “Pornography, Prostitution and War” in the Tel-Aviv Cinematheque.In
     October 2003 the center organized with Isha Le Isha and Rape Crisis
     Centers two conferences, one in the Tel Aviv Cinematheque on
     31/10/2003 “ Legalization of Prostitution?” and another in the Haifa
     Cinematheque on 5/11/2003 around the film “Liliya 4 ever” of Lucas




                                        44
Moodysson which was brought to Israel with the assistance of the
Embassy of Sweden.




                             45
Sixth Chapter: Concluding remarks

We consider that trafficking in women cannot be addressed at as a solitary problem
but as a part of a variety of social problems and that therefore a multi-disciplinary
approach is necessary. One of the important measures to be taken in order to get
results is to fight against all forms of criminality surrounding the trafficking in women.

It is necessary to reinforce the struggle against pimping including the closure of
brothels and any form of organized prostitution, to decriminalize prostitutes de facto
and not only de jure as is currently the case.

The policy of the State of Israel concerning the issue of trafficking and prostitution is
changing but for now only the decision-makers level is involved. The changed policy
should also penetrate to lower levels and reach the local officials. We therefore
consider that Israel has already shown her wish to take responsibility in the case of
the victims of trafficking .The state of Israel has admitted that these victims should be
paid indemnities for the violation of their human rights within the Israeli territory. Until
now indemnities were paid to a very limited number of victims and the amount was
far from being proportionate to their suffering and to the risk they took in giving
testimony. According to the recommendations of the two committees (Inter-ministerial
and Parliamentary) the indemnities for the victims should not be less than $100,000
and taken from the confiscated properties of the traffickers. These recommendations
though are still only in the status of recommendations and their implementation
needs to be evaluated during the next year.
According to the recommendations of the committees (Inter-ministerial and
Parliamentary) victims of trafficking who have testified against their perpetrators
should be allowed to get a resident permit in Israel especially in cases of minors or
threatened victims. The process to get a permit is very problematic and takes too
long without any guarantee that the permit will be handed over to the victim.
Another recommendation of the two committees is to close brothels. This is being
implemented but we have to follow-up and re evaluate the situation next year.

We see that Israel made a big progress in the fight against trafficking
during 2003 but the issue of prostitution was not handled properly until
now. It is about time to reconsider the whole policy on this issue and to
make of Israel an abolitionist country de facto and not only de jure. It is
a matter of human development.




                                            46
Seventh Chapter: Recommendations
In the Report last year we called upon the State of Israel to implement the
following recommendations stated in the Commission on Human Rights
resolution 2001/48 and in the Working Group on Contemporary Forms of
Slavery - Sub-Commission on Human Rights resolution 2001/14:

                                  Traffic in women and girls

                      Commission on Human Rights resolution 2001/48

The Commission on Human Rights,

6.Urges  Governments to take appropriate measures to address the root factors,
including external factors, that encourage trafficking in women and children, in
particular girls, for prostitution and other forms of commercialized sex, forced
marriages and forced labour, so as to eliminate trafficking in women, including by
strengthening existing legislation with a view to providing better protection of the
rights of women and girls and to punishing perpetrators, through both criminal and
civil mesures;

The State of Israel should therefore:

    Close brothels and establishments related to organized prostitution. In
   process.
   Implement educational programs based on gender equality. Still to be
   developped.

8.Calls upon Governments to criminalize trafficking in women and children in all its
forms and to condemn and penalize traffickers and intermediaries, while ensuring
protection and assistance to the victims of trafficking with full respect for their human
rights;

The State of Israel should therefore:
   Implement the strengthened laws against traffickers and perpetrators. In
   process
   Criminalize profiteers such as newspapers, hotels, taxi stations. Still to
   be developped.
   Create a shelter for the victims of trafficking. Done
   Grant the victims of trafficking who testify against their perpetrators
   residence and work permit for the period of their testimony as well as
   professional training in order to prevent them to be dragged back into
   trafficking. In progress
   Grant all the victims of trafficking including those who do not want to
   testify indemnities (financed with the money confiscated from traffickers
   and perpetrators) Still to be developped.
   Grant a safe place under the protection of the State and in contact with
   NGO`s for all the victims of trafficking till they can choose between
   testifying or going back to their countries of origin in an organized way.
   Still to be developped
   Grant all victims of trafficking legal, psychological and medical
   assistance. In progress



                                             47
          Grant complete confidentiality to the victims of trafficking. Done usually

     9.Encourages Governments to conclude bilateral, subregional, regional and
     international agreements to address the problem of trafficking in women and children,
     in particular girls;

     The State of Israel should therefore:
        Conclude bilateral agreements with Egypt to address the problem of
        trafficking through the Egyptian border even though the Egyptian
        government stated that since the peace treaty with Israel they are not
        allowed to position armed forces on the common border. This problem
        should be addressed already in the Egyptian seaports and airports without
        stationing armed forces on the Israeli border. In progress
        Conclude bilateral agreements with the countries of origin to inform
        women of the risk they encounter before coming to Israel and organize
        their repatriation with local NGO`s. In progess – awaiting the Foreign
        Affairs Ministry to hand over a list.

     14.Calls upon concerned Governments to allocate resources, as appropriate, to
     provide comprehensive programmes designed to heal and rehabilitate into society
     victims of trafficking, including through job training, legal assistance and health care
     and by taking measures to cooperate with non-governmental organizations to provide
     for the social, medical and psychological care of the victims;

     The State of Israel should therefore:
        Allocate resources and take measures to cooperate with non-
        governmental organizations to provide the necessary social, medical and
        psychological care of the victims. Not done

All the above recommendations were taken into consideration in the reports of the
“Inter-ministerial committee to study and combat the trafficking in persons for
prostitution purposes” and the “Parliamentary Investigation Committee on
Trafficking in Women” but still the police forces are not sufficiently aware of the
issue of prostitution and are therefore still unable to handle it properly. We
therefore recommend the Interior Security Ministry to develop training sessions for
police forces on TIP as well as on prostitution. It is unacceptable to see public
authority representatives in charge of the fight against TIP to be clients of
organized prostitution, which is by definition linked to organized crime.

On a more general level it is essential to develop an education based on gender and
sexual equality but also on the respect for the other whoever he/she is. Two of the
worrying points noticed by Machon Toda`a lately are the development of a demand from
women for prostitution, pornography and BDSM that cannot be considered anymore as
limited to men. To fight pornography and prostitution, we need to talk about human
sexuality. How can we tolerate relations based on power (money, violence, mental,
physical, emotional and economic abuse) that allow the buying and selling of the human
body as a mere commodity in an age where human rights are so firmly on the global
agenda?




                                               48
                                                 Annex II
                       The following list was sent to Machon Toda`a from the
                         International Department of the Ministry of Justice
                          List of cases involving Trafficking in Persons10


   Case No.      Offence            Plea bargain       Sentence            Observations     Decision
                                                                                            rendered
                                                                                            on:
CC11 1107/02     Defendant 1:               -          District Court:     The defendants March 3,
The State of     Seven TIP                             Defendant 1:        pleaded guilty 2003
Israel     v.    charges, 5                            10         years    to the charges
Yafim            pandering                             imprisonment,       in the amended
Sheychman &      charges, 7                            and 2 years         indictment,
Mark                                                   suspended           according     to
                 illegal
Geyman.                                                imprisonment.       the agreement
                 employment                                                with         the
                 charges,                              Defendant 2:        Prosecution.
                 and                                   9         years     There was no
                 exploitation.                         imprisonment,       agreement with
                                                       and 2 years         regard to the
                 Defendant                             suspended           sentence.
                 2:                                    imprisonment.
                 Six       TIP
                 charges, 5
                 pandering
                 charges, 7
                 illegal
                 employment
                 charges,
                 and
                 exploitation.




     10
        Decisions rendered between March 2003 and February 2004. Please not that the list is not
     exhaustive. Updates may be forwarded to the U.S State Department in the coming months.
     11
        CC=Criminal Case.


                                                       49
   Case No.      Offence             Plea bargain   Sentence           Observations      Decision
                                                                                         rendered
                                                                                         on:
CC     1210/01   Defendant 1:              -        District Court:    The Court took March 3,
The State of     TIP, causing a                                        into              2003
Israel      v.   person        to                   Defendants 1-2     consideration
Joerge Yossef    engage        in                   –                  the fact that
et al.           prostitution,                      8          years   The         third
                 indecent act.                      imprisonment,      accused      was
                                                    2          years   not involved in
                 Defendant 2:                       suspended          the trafficking,
                 TIP, causing a                     imprisonment       and       suffers
                 person         to                  and                from      severe
                 engage         in                  compensation       mental health
                 prostitution,                      to the victim of   problems.
                 false                              25,000      NIS    The     accused
                 imprisonment,                      each.              appealed      his
                 maintaining a                                         conviction and
                 place         for                  Defendant 3 –      the    sentence.
                 prostitution,                      2.5       years    The appeal is
                 pandering and                      imprisonment,      currently
                 threats.                           2.5       years    pending.
                                                    suspended
                 Defendant 3:                       imprisonment
                 Rape, sodomy.                      and
                                                    compensation
                                                    for the victim
                                                    of 10,000 NIS.

CC     1240/02   TIP,              Up to 36-        District court:                    May    29,
The state of     pandering,        months           3          years                   2003
Israel      v.   maintaining a imprisonment.        imprisonment,
Choresh          place         for                  18       months
                 prostitution,                      suspended
                 use of forged                      imprisonment,
                 documents.                         5,000 NIS fine,
                                                    5,000       NIS
                                                    compensation




                                                    50
    Case No.         Offence       Plea bargain   Sentence          Observations      Decision
                                                                                      rendered
                                                                                      on:
CC 1064/02    TIP         (2 Up to 3 years        District Court:   The defendant CC
The State of victims),       imprisonment.        24       months   argued that he November
Israel     v. pandering,                          imprisonment,     should have not 4, 2002
Michael       threats, false                      18       months   been convicted
Prudental     imprisonment.                       suspended         of TIP as he did
                                                  imprisonment      not “purchase”
---------------                                                     the two victims,
                                                  Supreme           but rather “kept
CA12 11196/02                                     Court:            them”         for CA
Michael                                           Upheld      the   another.     The August
Prudental v.                                      sentence.         Court rejected 13, 2003
The State of                                                        the appeal and
Israel                                                              held that the
                                                                    trafficking
                                                                    offence should
                                                                    be interpreted
                                                                    widely and not
                                                                    “technically” in
                                                                    light of the
                                                                    purpose of the
                                                                    legislation and
                                                                    in light of the
                                                                    Protocol       to
                                                                    Prevent,
                                                                    Suppress and
                                                                    Punish
                                                                    Trafficking in
                                                                    Persons,
                                                                    Especially
                                                                    Women        and
                                                                    Children,
                                                                    Supplementing
                                                                    the          UN
                                                                    Convention
                                                                    against
                                                                    Transnational
                                                                    Organized
                                                                    Crime (which
                                                                    Israel signed in
                                                                    2001).
CC 1036/03     Aiding      and 8-18 months        District Court:   The defendant September
The state of abetting       an imprisonment.      18        month   had a minor 9, 2003
Israel v. Mark attempt to TIP                     imprisonment,     role in the TIP
Yorgayev                                          18        month   offence.     The
                                                  suspended         other
                                                  imprisonment      accomplices
                                                                    were tried for
                                                                    their part.




        12
             CA=Criminal Appeal.


                                                  51
    Case No.        Offence     Plea bargain   Sentence        Observations      Decision
                                                                                 rendered
                                                                                 on:
CC     905/03 TIP (2 victims)         -        District Court:  The     accused CC
The state of                                   16       months pleaded guilty June 23,
Israel     v.                                  imprisonment,    to the charges 2003
Makievski                                      12        month of the amended
                                               suspended        indictment.
-----------------                              imprisonment,    There was no
                                               1000 NIS fine, agreement on
CA     7885/03                                 6000        NIS the sentence.     CA
The state of                                   compensation     The        State October
Israel       v.                                to each victim/ Attorney          30, 2003
Makievski                                                       appealed     the
                                               Supreme          sentence.
                                               Court:
                                               3          years
                                               imprisonment.




                                               52
    Case No.        Offence             Plea bargain   Sentence           Observations      Decision
                                                                                            rendered
                                                                                            on:
   CC 946/02        TIP            (3         -        District Court:    An agreement CC
The State of        offences),                         5          years   was      reached February
Israel    v.        aiding      and                    imprisonment,      between       the 19, 2003
Yaish   Ben         abetting TIP,                      3          years   parties
                    aiding      and                    suspended          regarding the
David
                    abetting                           imprisonment.      charges.     The
                    aggravated                                            defendant was
    -------------   forgery,                           Supreme            convicted      on
----                Pandering,                         Court:             the basis of his CA
                    obstruction of                     8         years    guilty plea (to November
   CA               justice, aiding                    imprisonment,      the     amended 6, 2003
3204/03,            and abetting                       1          year    indictment).
3213\03 The         illegal stay in                    suspended          The         State
State     of        Israel,                            imprisonment.      Attorney
Israel     v.       maintaining a                                         appealed      the
Yaish    Ben        place         for                                     sentence. The
                    purpose        of                                     Supreme Court
David
                    prostitution.                                         imposed a more
                                                                          severe
                                                                          sentence.
                                                                          The sentence
                                                                          was
                                                                          appreciably
                                                                          more       severe
                                                                          even though the
                                                                          offence was not
                                                                          attended       by
                                                                          violence.
                                                                          This     is    an
                                                                          important
                                                                          precedent
                                                                          reflecting the
                                                                          Court‟s attitude
                                                                          towards
                                                                          trafficking
                                                                          when no acts
                                                                          violence      are
                                                                          committed
                                                                          against       the
                                                                          accused.




                                                       53
   Case No.        Offence           Plea bargain   Sentence            Observations       Decision
                                                                                           rendered
                                                                                           on:
CC 910/02         Defendant 1:                -     District Court:     The          first CC
    The State     TIP         (3                                        defendant was January
of Israel v.      offences),                        Defendant 1 –       acquitted from 20, 2003
Dushker et        causing      a                    4         years     the           TIP
al.               person      to                    imprisonment        charges.     The
----------------- engage      in                    and 2 years         State Attorney CA
CA 1609/03, prostitution (2                         suspended           appealed      the October 8,
2260,        2293 offences),                        imprisonment        decision with 2003
Borisov v. The Pandering,                           & 20,000 NIS14      regard to the
State of Israel false                               fine.               acquittal     and
----------------- imprisonment,                                         the    sentence.
ACH   13          assault.                          Defendant 2 –       The Supreme ACH
9980/03                                             5        years      Court accepted November
Borisov v. The Defendant 2:
                                                    imprisonment.       the       State‟s 12, 2003
State of Israel aiding       and                                        appeal,       and
                  abetting TIP,                     District Court:     convicted the
                  aggravated                        Since        the    accused of TIP
                  fraud.                            Supreme Court       and causing a
                                                    accepted     the    person          to
                                                    appeal,         a   engage          in
                                                    sentence must       prostitution.
                                                    be rendered by      Obviously, the
                                                    the      District   new sentence,
                                                    Court          in   to be rendered
                                                    accordance          by the District
                                                    with         the    Court, should
                                                    Supreme             be more severe
                                                    Court‟s             now.
                                                    decision. The       The      accused
                                                    sentence is set     requested the
                                                    for March 28,       Supreme Court
                                                    2004.               to hold an
                                                                        additional
                                                                        haring but this
                                                                        was denied.




      13
           ACH=Additional Criminal Hearing.
      14
           NIS = New Israeli Shekel.


                                                    54
    Case No.       Offence              Plea bargain   Sentence           Observations  Decision
                                                                                        rendered
                                                                                        on:
CC     5086/02     Defendant 1 -              -        District Court:  The sentences CC
The State of       Kidnapping for                                       imposed by the November
Israel       v.    purpose     of                      Defendant 1 –    Court        on 30, 2003
Moshe              imprisonment,                       15         years defendants 4-5
Yitzhak et al.     rubbery, false                      imprisonment,    were     higher
                   imprisonment,                                        than the ones
                   TIP,                                Defendant 4 –    advocated by
                   Pandering,                          10         years the
                   attempt      to                     imprisonment,    Prosecution.
                   commit TIP,
                   rape, Sodomy                        Defendant 5 –
                   possessing                          9        years
                   firearm.                            imprisonment.

                    Defendants 4
                    and 5 -
                    Kidnapping for
                    purpose        of
                    imprisonment,
                    Kidnapping for
                    purpose        of
                    prostitution,
                    false
                    imprisonment,
                    pandering,
                    TIP, rubbery.
CC       1185/02 TIP           (one           -        District Court:    The       State CC
The State of victim),                                  2.5        years   Attorney        November
Israel           v. maintaining a                      imprisonment,      appealed    the 20, 2002
Michael             place         for                  2          years   sentence. The
Brodov              purpose        of                  suspended          Supreme Court
                    prostitution,                      imprisonment.      accepted    the
-----------------   pandering, and                                        appeal.
CA 106/03           false                              Supreme                            CA
Michael             imprisonment.                      Court:                             December
Brodov v. The                                          5 years                            3, 2003
State of Israel                                        imprisonment.




                                                       55
    Case No.          Offence         Plea bargain      Sentence           Observations      Decision
                                                                                             rendered
                                                                                             on:
CC 1128/02            TIP        (3          -          District Court:    The defendant CC
The State of          offences),                        5          years   was acquitted March 3,
Israel      v.        pandering,                        imprisonment,      from one of the 2003
Kozovashvily          threats,                          2          years   TIP     charges.
                      forgery,                          suspended          The         State
-----------------     conspiracy to                     imprisonment.      Attorney
                      commit      a                                        appealed      the
CA 3483/03            felony                            Supreme            decision with
The State of                                            Court:             regard to the CA
Israel      v.                                          8        years     acquittal    and December
Kozovashvily                                            imprisonment       the    sentence. 4, 2003
                                                                           The Supreme
                                                                           Court rejected
                                                                           the       appeal
                                                                           regarding the
                                                                           acquittal     but
                                                                           imposed a more
                                                                           severe
                                                                           sentence.
CC     1236/02        TIP,            42      months    District Court:    The      District CC
The State of          pandering,      imprisonment      55       months    Court did not June 15,
Israel      v.        false           (including        imprisonment,      respect the plea 2003
Shachar               imprisonment,   activated         (42 + activating   bargain,     and
Medatov               threats.        suspended         suspended          decided that the
                                      imprisonment      imprisonment       activated
-----------------                     to be served in   of additional      sentences
CA 6141/03                            overlapping),     13       months    would          be CA
Shachar                               20,000NIS         imprisonment);     served            December
Medatov          v.                   fine        and   20,000NIS fine     consecutively.    10, 2003
The State of                          20,000NIS         and 20,000NIS      The      accused
Israel                                compensation      compensation       appealed      the
                                      for the victim.   for the victim.    sentence. The
                                                                           Supreme Court
                                                                           rejected      the
                                                                           appeal,       but
                                                                           noted that the
                                                                           sentence is still
                                                                           lower than the
                                                                           desirable
                                                                           standard.




                                                        56
    Case No.       Offence           Plea bargain      Sentence            Observations      Decision
                                                                                             rendered
                                                                                             on:
CC     1241/02     TIP        (one   4        years    District court:     The defendant January
The State of       victim),          imprisonment,     4          years    was      already 18, 2004
Israel      v.     pandering,        suspended         imprisonment,       serving a long
Reuvenov           false             imprisonment,     2          years    prison sentence
                   imprisonment,     2,000 NIS fine.   suspended           for         other
                   threats                             imprisonment,       offences when
                                                       2,000 NIS fine      charged with
                                                                           TIP, his partner
                                                                           was          only
                                                                           charged        of
                                                                           pandering and
                                                                           sentenced to 13
                                                                           months
                                                                           imprisonment.
                                                                           The defendant
                                                                           was in the past
                                                                           a police officer
                                                                           and suffered a
                                                                           severe      head
                                                                           injury. He also
                                                                           suffers     from
                                                                           other    serious
                                                                           medical
                                                                           problems.
CC     1123/03     Defendant 1 –           -           District Court:     The defendant January
The State of       TIP        (one                     Defendant 1 –       agreed to plea 29, 2004
Israel        v.   victim), rape,                      12          years   guilty after the
Lipshin et al.     pandering,                          imprisonment,       Court heard the
                   threats, false                      3           years   testimony      of
                   imprisonment,                       suspended           the      victim.
                   assault                             imprisonment,       There was no
                                                       35,000        NIS   agreement with
                   Defendant 2 –                       compensation        the Prosecution
                   Rape                                to the victim       on            the
                                                                           punishment.
                                                       Defendant 2 –
                                                       5           years
                                                       imprisonment,
                                                       5,000         NIS
                                                       compensation
                                                       to the victim
CC 1100/03                                             District                             February
The State of                                           Court:                               11, 2004
Israel     v.                                          3 years
Edward                                                 imprisonment,
Rachimov                                               24 months
                                                       suspended
                                                       imprisonment




                                                       57
                        Additional Cases involving Trafficking in Persons15


    Case No.     Offence             Plea bargain     Sentence            Observations    Decision
                                                                                          rendered
                                                                                          on:
CC 1210/01       1st defendant:             -         District Court:   The Court took January
The State of     TIP, causing a                       Defendants 1-2 into                 15, 2003
Israel      v.   person         to                    –                 consideration the
Joerge           engage         in                    8           years fact that The
Yossef et al.    prostitution,                        imprisonment,     third accused was
                 indecent act.                        2           years not involved in
                                                      suspended         the trafficking,
                 2nd defendant:                       imprisonment      and suffers from
                 TIP, causing a                       and               severe     mental
                 person         to                    compensation      health problems.
                 engage         in                    to the victim of
                 prostitution,                        25,000       NIS
                 false                                each.
                 imprisonment,
                 maintaining a                        Defendant 3 –
                 place         for                    2.5        years
                 prostitution,                        imprisonment,
                 pandering and                        2.5        years
                 threats.                             suspended
                                                      imprisonment
                 3rd defendant:                       and
                 Rape, sodomy.                        compensation
                                                      for the victim
                                                      of 10,000 NIS.
CC 5049/02       TIP           (3           -         District Court:     The Court took January
The State of     offences),                           5          years    into              27, 2003
Israel    v.     causing a person                     imprisonment,       consideration the
Ofer Hason       to engage in                         12       months     fact that the
                 prostitution,                        suspended           accomplice was
                 causing a person                     imprisonment,       sentenced to two
                 to engage in                         10,000 NIS fine.    years
                 prostitution                                             imprisonment,
                 under                                                    following a plea
                 aggravated                                               bargain.
                 circumstances,
                 false
                 imprisonment.




      15
         This table includes decisions rendered between January and March 2003 that were not included in
      Israel‟s reply to the US State Department submitted in February 2003. The decisions in CC 5049/02
      and CC 1210/01 were reported informally in a meeting held with US representatives in September
      2003.


                                                       58
CC 212/01    Defendant 1:            Defendant 1: District Court:          The Court did not February
The State of TIP        (one        No     agreed Defendant 1:             impose             25, 2003
Israel    v. victim),               sentence.     4          years         compensation for
Yaakov       pandering                            imprisonment,            the victim, as she
Hayun     &                         Defendant 2:  12       months          has already left
Sharon       Defendant 2:           6      months suspended                the country.
Galfond      Pandering              imprisonment imprisonment.             The Court noted
                                    to be served Defendant 2:              that           the
                                    by labor.     6        months          prosecution
                                                  imprisonment             should       have
                                                  to be served by          advocated        a
                                                  labor,        12         harsher
                                                  months                   punishment for
                                                  suspended                defendant 2.
                                                  imprisonment.

CC 1184/02     TIP           (3 5 years and           District Court:      There was no use February
The State of   offences),       nine months           5 years and          of violence by 25, 2003
Israel    v.   causing a person imprisonment          nine     months      the accused or
Puter          to engage in                           imprisonment,        false
Avshalomov     prostitution                           18       months      imprisonment of
               under                                  suspended            the victims. The
               aggravated                             imprisonment,        court notes that
               circumstances                          10,000 NIS fine      the      fine    is
                                                      (or        three     relatively law, as
                                                      months               the plea bargain
                                                      imprisonment)        did not include a
                                                                           fine, and the
                                                                           Prosecution did
                                                                           not inform the
                                                                           defense that it
                                                                           was going to ask
                                                                           for the imposition
                                                                           of a fine.


          Examples of Cases involving Related Offences16


   Case     Offence             Plea bargain       Sentence              Observations            Decision
   No.                                                                                           rendered
                                                                                                 on:




     16
       These cases exemplify the Courts‟ attitude towards related offences. Penalties for pandering and
     similar offences have also increased considerably during 2003.


                                                       59
CC             Kidnapping for         -          District court:            -            CC
3029/00        blackmail, false                  10         years                        April 11,
The State      imprisonment,                     imprisonment, 2                         2001
of Israel      rape          (3                  years suspended
v.             victims),                         imprisonment
Moroan         conspiracy to
Halif          commit a crime                    Supreme Court:
------------                                     Rejected   the
CA                                               appeal    and                           CA
3182/01                                          upheld     the                          May 19,
Moroan                                           sentence                                2003
Halif v.
The State
of Israel
CC             Pandering,        Up to 3 years   District court:The           original   CC
1054/03        maintaining a imprisonment,       2.5            indictment included
                                                             years                       June 23,
The State      place         for 100,000 NIS     imprisonment, 2a TIP charge, but it     2003
of Israel      prostitution,     fine.           years suspendedwas deleted due to
v. Meir        assault                           imprisonment,  evidentiary
Rashid                                           100,000        difficulties.
                                                               NIS                The
                                                 fine     or    Court noted that the
                                                                12
CA                                               months         maximum penalty
7732/03                                          imprisonment.  for pandering is 5
Meir                                                            years                    CA
Rashid v.                                        Supreme Court: imprisonment, and        March
the State                                        Rejected   the that the accused         2004
of Israel                                        appeal    and pleaded guilty. The
                                                 upheld     the Court noted that the
                                                 sentence       high financial gain
                                                                warrants a high
                                                                fine.




                                                    60

				
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