Brussels, 03/09/2010 (Agence Europe) - MEPs take the view that knowingly using the sexual or other services of a trafficked person should be made a criminal offence and that penalties against traffickers should be stepped up. On Thursday 2 September, the EP committees on civil liberties and women's rights voted on over 200 amendments to a draft directive on the trafficking of human beings. Changes brought to the proposal for a directive were approved by a large majority (42 votes for, 1 against and 5 abstentions) during a joint meeting. MEPs are of the opinion that the use of sexual services or “other services” of victims of trafficking should be a criminal offence and that member states should take measures to ensure that knowingly using such services from the victims of trafficking is indeed treated as a criminal offence. In its proposal, the Commission encourages such measures. Whenever use of the services was determined by a concrete risk for the life of the users, or such a service was used to aid the victim for humanitarian reasons or a person was strongly coerced into using the service, “a case by case evaluation will be needed to establish the applicability of sanctions”, MEPs assert, taking the view that making the use of services provided by trafficking victims a criminal offence can play a powerful preventive role in combating people smuggling. Changes brought to the text by MEPs also concern a broader definition of exploitation as the text now includes the use of a trafficking victim for the purposes of begging or for the unlawful adoption of children (including the trafficking of pregnant women for the purpose of unlawful adoption of the newborn), and trafficking with a view to forced marriage. Furthermore, the draft directive also aims to harmonise and stiffen penalties in the EU. MEPs want penalties foreseen by the Commission to be increased from at least 5 to at least 6 years for offences such as exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs. In aggravating circumstances, for example where such crimes are committed against particularly vulnerable victims, then penalties must be reinforced, with the minimum penalty being increased from 10 to 12 years, MEPs add. Also, member states should ensure that the proceeds of crime and profits from the offences are seized and confiscated. These proceeds should be used to support victim assistance and protection, including compensating victims and EU transborder law enforcement and counter-trafficking. MEPs recommend that measures be stepped up for the protection of victims, who should benefit from accommodation and medical care in order to allow them to find their feet. Witnesses should also receive protection so that they can give evidence against the perpetrators of trafficking crimes. They should have access to legal advisory services free of charge and also legal representation, including “for the purpose of claiming compensation and asserting withheld wages” as soon as the person has been identified as a victim of trafficking, MEPs say. Once national authorities have established that a person is indeed the victim of trafficking, the member state must consider issuing a residence permit. Finally, both the member state of origin and the host country must ensure the safe return of all persons that are victims of trafficking in human beings, MEPs assert. The victims should be offered alternatives to repatriation in cases where it is reasonable to conclude that such repatriation would pose a serious risk to their safety and would expose them to a serious risk of being re-trafficked upon return. Negotiations with the Council on the amended text will begin on 14 September. The plenary vote is due to take place by the end of the year. (B.C./transl.jl)