Assistance and compensation to victims of trafficking

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DOI: 10.21522/TIJAR.2014.03.01.Art012

Authors : Elizabeta Imeraj

Abstract:

According to international norm, the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted by the General Assembly of the UN, is the international act fundamental, defining the rights of victims and procedures for compensation for damage to them. This paper promotes some of their rights to move up to the justice and fair treatment to them that among other things means legal assistance and information in time for all aspects of procedural, restitution, compensation of damage, putting in place rights, etc., the compensation from the state when the offender funds are insufficient for this etc.

Besides compensation from the trafficker, there is another way to compensate the victim, through a public scheme. In our domestic legislation that provided for in Law no. 10192, dated 3.12.2009 "On prevention and suppression of organized crime and trafficking through preventive measures against assets".

Through the work of this analysis will be addressed through legislation compensation, indemnification and above all contributions awarded to victims of human trafficking:

References:

[1] Sander Simon "The treatment of trafficking victims as witnesses during the trial. Legal options for compensation of victims of trafficking and the need for legal changes. Problems encountered in judicial practice. "Tirana, February 2013

[2] Criminal Code, Article 113 "Prostitution"

[3] Criminal Code, Article 110/b "benefit or use of services provided by persons trafficked"

[4] Criminal Code, Article 110/c "Actions that facilitate trafficking, "added Law nr. 144/2013 "On amendments and additions to Law No. 7895, dated 27.1.1995 "Criminal Code of the Republic of Albania "amended" in Article 27

[5] Law no. 108/2013 "For foreigners", points 1 and 2, Article 54

[6] Dt. 415.03.2004 ''Për 9205 law protecting witnesses and collaborators of justice ”

[7] ONAC Report on the Implementation of the National Plan of Action against Trafficking in Persons, 2011

[8] Code of Criminal Procedure, Article 316 "Security Test Cases"

[9] Decision no. 555 of the Criminal Panel of the Supreme Court, page 8.

[10] Code of Criminal Procedure, Article 61 "civil lawsuit in the criminal process".

[11] Code of Criminal Procedure, Article 63 "Providing civil lawsuit."

[12] Compensation for persons trafficked and exploited in the OSCE region, OSCE, Warsaw 2008

[13] Code of Criminal Procedure, Article 151/4 "Taking of evidence".

[14] Law No. 7895, dated 27.1.1995 "Criminal Code of the Republic of Albania", as amended, Article 58 "The rights of the victim of crime" and Article 59 "The injured accuser"

[15] Law no. 8920, dated 11.7.2002, "On the ratification of the U N Convention against Transnational Organized Crime and its two additional protocols", paragraph 3 of Article 25 "Support and protection of victims' Convention

[16] Law no. 8920, dated 11.7.2002 "On the ratification of the U N Convention against Transnational Organized Crime and its two additional protocols", paragraph 2, Article 6 "Assistance for the protection of victims of trafficking in persons"

[17] Law no. 9110, dated 24.07.2003 "On the organization and functioning of the Court of First Instance for Serious Crimes"

[18] Law no. 9110, dated 24.07.2003 "On the organization and functioning of the First Instance Court for Serious Crimes, "Article 8 "question witnesses

[19] Penal Code, Article 52 /or adding to the law 144/2013, dated 05/02/2013, Article 7