Brussels, 24/03/2009 (Agence Europe) - On Wednesday 25 March, the European Commission will adopt to proposals to strengthen the Community arsenal of measures in the fight against people trafficking, child sexual abuse, sexual exploitation and child pornography. European Justice Commissioner Jacques Barrot will propose the review of the 2002 framework decision on human trafficking and the 2004 framework decision on child sexual exploitation. The new measures will provide more assistance for victims, and tougher action against those responsible for child sexual abuse and trafficking, taking account, for example, of the rapidly changing internet technologies.
Proposal on tackling people trafficking. Offences. Every member state will have to ensure that recruitment, transport, transfer, accommodating or receiving people by means of threats, or use of force or any other form of constraint, for the purposes of exploitation, are punishable. Sanctions. These offences will be punishable by imprisonment, with maximum sentences of not less than six years, of 10 years if there are aggravating circumstances (for example, if the victim is particularly vulnerable), or of 12 years if the victims' lives are put at risk or if serious violence is used. Legal persons may be held criminally responsible and could receive sanctions ranging from withdrawal of public aid to permanent closure of the establishments which served in the commission of the offence. Investigation and proceedings. Police services will be able to use the same investigation tools used in cases of organised crime, such as phone tapping, electronic surveillance and financial investigations. The proposal seeks to ensure that offenders are brought to justice, even if their crimes were committed abroad. When an offence falls under the jurisdiction of more than one member state, countries will cooperate through Eurojust to try to centralise proceedings in one single member state. Protection of victims. Member states, as part of the criminal proceedings, will provide victims with the necessary assistance to allow them to recover, including providing them with appropriate, safe accommodation, material assistance and any medical care necessary. Particularly vulnerable victims will receive specific help to prevent secondary victimisation as part of the criminal proceedings, for example, avoiding questions on private life, repetition of questioning and use of audio-video equipment to prevent all visual contact between victims and offenders. Victims will have access to free legal advice and to legal representation for the purposes of claiming financial compensation, and, if necessary, police protection. Prevention. All member states will have to do all they can to reduce the demand which encourages forms of exploitation, for example, by penalising employers who take on people who have been trafficked and customers who buy sexual services from trafficked persons, and through the training of officials who are likely to come into contact with potential victims. Monitoring. National reporters or other equivalent mechanisms will be tasked with monitoring implementation of thus framework decision and with advising governments.
Proposal on child sexual abuse. Offence. Offences involving the sexual abuse of children, sexual exploitation, child pornography and sexual soliciting through information and communication technologies (ICT), such as “grooming” or looking at child pornography, without necessarily downloading. Sanctions. These offences will be punishable by imprisonment, with maximum sentences of no less than six years, of 10 years if there are aggravating circumstances (particularly vulnerable victim, offence committed by a member of the family or circle) and of 12 years if the victims' lives were endangered of if serious violence was used. Legal persons may also be held liable. Investigations and proceedings. It must be possible to proceed with investigations in the absence of testimony by the child victim (testimonies from professional staff in contact with the children and people who know the suspect, analyses carried out by the police on photographs and films distributed on the internet are planned). Rules of jurisdiction will be amended to ensure that European criminals or exploiters will be pursued even though they committed their crimes outside the EU (“sex tourism”). Protection of victims. Measure will provide abused children with easier access to assistance and free legal representation and not to suffer from their being involved in legal proceedings, through the appointment of a special representative or by restricting the number of interviews. Prevention. Specific programmes will be available to offenders to avoid repeat offending, similarly bans on exercising any activities in relation to children will be imposed throughout the REU. National mechanisms to block access to child pornography web sites will be set up, either obligatorily or through voluntary agreements signed with internet service providers. (B.C./transl.rt)