RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 3, 2009 No. 131

About approval of Rules (indicators) of establishment of the victims of human trafficking

For the purpose of ensuring execution of Item 3 "The actions plan on implementation of the National plan of activities for fight against human trafficking (2009 - 2013)" "The national plan of activities for fight against human trafficking (2009 - 2013)", the President of the Azerbaijan Republic approved by the Order of February 6, 2009 133, the Cabinet of Ministers of the Azerbaijan Republic decides No.:

1. Approve "Rules (indicators) of establishment of the victims of human trafficking" it (is applied).

2. This resolution becomes effective from the date of signing.

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 3, 2009 No. 131

Governed (indicators) of establishment of the victims of human trafficking

1. General provisions

1.1. These rules are prepared according to the "National plan of activities for fight against human trafficking (20092013 years)" approved by the Order of the President of the Azerbaijan Republic of February 6, 2009 No. 133, and establishes the mechanisms allowing to determine that person is the victim of human trafficking (further - the victim).

1.2. Establishment of the victims, being one of important elements of system of actions for protection of persons which were affected by human trafficking is the main factor guaranteeing implementation of their right to necessary assistance, including creating conditions for their reintegration into society, returns to normal conduct of life, and also reducing risk again to fall victim.

1.3. The purpose of these rules consists in implementation of urgent actions for easier identification of the victims and protection of their rights, and also ensuring assimilation by the staff of competent structures of the necessary knowledge connected with establishment of persons which were affected by human trafficking.

1.4. These rules also serve increase in efficiency of fight against the human trafficking performed by law-enforcement bodies, state security, prosecutor's office, customs, boundary and migratory authorities, diplomatic representations of the republic in foreign countries and also other government institutions and non-governmental organizations.

2. Legal aspects of establishment of the victims

2.1. One of the main methods of establishment of the victims is comparison of committed socially dangerous action or failure to act with the objective and subjective signs provided by the penal legislation. This type of establishment along with what gives the chance to be assured that person is the victim creates conditions for refining whether were made concerning it recruitment, transportation and other illegal acts what are used levers (threats, deception, etc.) and operation forms (sexual, labor, etc.)

2.2. Based on article 3 of the "About the Prevention and Suppression of Human Trafficking, Especially Women and Children, and Punishment for It" Protocol supplementing the Convention of the United Nations "Against transnational organized crime" approved by the Law of the Azerbaijan Republic of May 13, 2003 No. 435-IIQ, human trafficking - the recruitment performed for the purpose of operation, transportation, transfer, concealment or receipt of people by threat of use of force or its application or coercion, stealing, fraud, deception, authority misuse or vulnerability of provision, or by bribery, in payment type or benefits, for receipt of consent of person controlling other person. Operation includes, at least, operation of prostitution of other persons or other forms of sexual exploitation, forced labor or the services, slavery or customs similar to slavery, servile status or extraction of human bodies.

Based on the Law of the Azerbaijan Republic "About fight against human trafficking" and article 144-1 of the Criminal code of the Azerbaijan Republic human trafficking is recruitment, obtaining, deduction, concealment, transportation, transfer or receipt of people for the purpose of operation by threat of use of violence or use of violence, threat or other means of coercion, stealing, fraud, deception, abuse of opportunities of influence of either vulnerability of provision or in the way of provision or receipt of material and other values, privileges or concessions for receipt of consent of person controlling other person (recruitment, obtaining, deduction, concealment, transportation, transfer or receipt of the child for the purpose of operation is considered human trafficking and without use of the methods specified in this Article).

Paragraph third Item 2.2. No. 193 is excluded according to the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 26.07.2013

3. Signs of the victims

3.1. In case of establishment of the victims the following indicators (indicators) characterizing them signs are considered:

3.1.1. general indicators (indicators):

* victim in most cases:

* thinks that it is forced to work without volition and cannot leave the work;

* thinks that its actions are under control, the freedom of action is absent or is limited;

* feels sensation of fear and concern;

* constantly or sometimes itself, members of her family, relatives are exposed to violence or threat of use of violence;

* suffers from damages, characteristic operation of its exposure, to violence or other corrective actions limiting freedom of its actions;

* faces threat of delivery in state bodies;

* has no the documents proving her identity or road documents in view of stay them at other person, or has false documents;

* does not know local language, the residential address or work;

* is effective on specifying of other persons, works according to the conditions established by them, gains very small income for the work or does not gain any income;

* lives in the conditions which are not answering to hostel regulations;

* it is limited in opportunities to use medical, social services, and also in communications with members of the family and other relatives;

3.1.2. the child who is the victim of human trafficking, in most cases:

* is involved in the works which are not relating to children;

* have no communication with parents or custodians;

* has no possibility of communication with the children who are out of place of employment to get education, to play childish sports;

* lives separately from other children and in the conditions which are not answering to hostel regulations;

3.1.3. the victim subjected to sexual exploitation, in most cases:

* 30 years are younger;

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