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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:email@example.com 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: firstname.lastname@example.org 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: email@example.com 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: firstname.lastname@example.org 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: email@example.com 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 /witne sses2000-2003 Deported 600 32 119 500 0 400 402 Num ber of 442 300 Victim s of 351 130 200 Traffick ing 131 100 No . of wi tnesses in tria ls agai nst traffi ckers 0 2000 2001 2002 2003 Depo rted Victims of Traffi cki ng without Ye ars 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 Supreme court 0 Supreme court Suspended 3029 District court 1236 1128 00 1185 02 910 / 03 / 946 02 02 / 905 02 / / 1064 03 / / 02 / Criminal Case s 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
"UN Commission on Human Rights_ 59th session"