A recent analysis of the General Romanian Police Inspectorate (IGPR) regarding the “human trafficking” shows that the main reasons for which Romania is lagging behind in terms of combating the phenomenon appear to be the precarious economic conditions and the information level. “The place of our country on the map of the trading of people is given particularly by the bad economic conditions in which some of the persons live and their information level. Fighting human trafficking is an enduring process, starting from the identification of the potential victims and helping them to not fall prey to traffickers, the identification of the traffickers, the probing of the criminal activity, their fast sentencing and, not least, supporting the reintegration of the victims after their trafficking,” according to the analysis made for Nine O’ Clock.zSince, until the passing of Law no. 678/2001 regarding the fight against human trafficking, this deed was not incriminated, IGPR does not have statistics regarding the period prior to 1989 or between 1990 and 2001.

Probing human trafficking is a heavy process

From the point of view of the incrimination of human trafficking, the Romanian legislation is harmonized with that of the European Union, both in terms of fighting this type of offence and of preventing it. Nevertheless, probing the human trafficking is a difficult process, because one of the constitutive elements of the offence is the existence of a form of exploitation which takes place most frequently outside Romania.

Probing the crime of trading persons through specific means, such as the psychological expert assessment of the victim, could be an efficient method of combating this crime. In this way, the arguments connected with the victimization of a person can be legally supported.

The fight against human trafficking supposes that this deed has been perpetrated. Even if the Police take preventive measures, organizing information campaigns, most of the time the crime takes place before the judicial authorities take note of the preparatory actions. In the case of the trading of people, the proofs regarding exploitation are obtained especially from the declarations of the victims, and such declarations must be corroborated with other evidence, in compliance with the Criminal Procedure Code. Thus, in order to prove and sentence the traffickers of persons it is necessary to proceed to more activities than those which refer to information connected with a possible trafficking.

Statistics for the past year

According to the investigations of the General Police Inspectorate of Romania, the difference between the trading of women and the trading of men was rather small in 2009, namely 60 persons, out of a total of 780 persons. 420 of the aforementioned figure were women and 360 men. By categories of age we have for the past year: minors, of whom 32 boys and 144 girls; 604 adults of whom 328 men and 276 women. From the point of view of exploitation: 314 – WORK, of whom 213 in agriculture, 81 in constructions, 20 in hotel services; 320 – SEXUAL, of whom 115 in the streets, 88 in clubs, 85 in dwellings, 10 in hotels, 22 in brothels; 109 – begging; 22 – others; 11 – coercion to steal; 2 – child pornography; 2 – trafficking of organs – attempt. Destination of exploitation: 185 Spain (91 work, 59 sexual, 25 begging, 7 not the case, 3 stealing); 154 – Italy (76 sexual, 65 work, 10 begging, 3 not the case).

It is not the competence of the Romanian Police to establish the duration of detention of the traffickers apprehended by officers and to take the measure to release them.

The method of operation of the traffickers of persons is to recruit, carry, transfer, accommodate or receive persons, through threat, violence or other type of coercion, by kidnapping, fraud or cheating, abuse of authority or taking advantage of the impossibility of that persons to defend himself or to express his will, or by offering, giving, accepting or receiving money or other benefits in order to obtain the consent of the person that has authority over another persons, all of these with the purpose to exploit through work or by providing a service in a compulsory way or by violating the legal norms regarding the working conditions, salary, health and security, maintaining in conditions of slavery, or other similar methods of depriving of freedom or subjugation, obligation to practice prostitution, to participate to pornographic representations with view to producing and disseminating pornographic materials or other forms of sexual exploitation, organ retrieval or performing other such activities through which fundamental human rights and liberties are violated. It is not the competence of the Romanian Police to establish the duration of detention of the traffickers apprehended by police officers or to take the measure to release them.

The victims of the trading of persons benefit, according to laws 211/2004 and 678/2001, from a victim protection programme, with the possibility to be accommodated in special centers and assisted, in compliance with the applicable law.

Unfortunately, the offending activity of the traffickers of persons who serve punishments in prisons cannot be controlled by police officers, who take action according to law, as a result of the notices of the victims or their families.