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13. The results of the interviews conducted with the most active prosecutor’s offices: best practices in judicial activitiesAccordingly, the prosecutor’s offices of Trieste, Tolmezzo, Gorizia, Brindisi, andCrotone, where the entry and the mere transit of trafficked persons was mostfrequent, had never resorted to the instrument of the stay permit. At Brindisi, inparticular, the procedure had been activated by officers of the judicial police onlyfor crimes in some way related to trafficking in persons for the purpose ofexploitation.By contrast, it had been most frequently used at the prosecutor’s offices of Perugia,Genoa, Turin, Milan and Ascoli Piceno, in whose areas cases of exploitationpredominated, especially in regard to female prostitution.The prosecutor’s office of Lecce was an exception to the rule in that, although in itsarea the landing of migrants was more frequent than their exploitation, the staypermit for social protection was used whenever it could be assumed that theintention was to exploit the trafficked persons. From the quantitative point of view,in the first two years of application of the provision, i.e. from March 2000 to April2002, 222 applications for stay permits for social protection were made in theprovince of Lecce (about 15% of the national figure of 1500).At the remaining prosecutor’s offices, more limited use was made of the staypermit provided by article 18 C.T. on Immigration for reasons other than the type ofcrimes investigated (trafficking and smuggling). At Brescia, for example, difficultiesarose in convincing the victims of the traffickers to cooperate, because their fear ofreprisals by the criminal groups could not be overcome even by offering the form ofprotection discussed here.13.4.2 UsefulnessOpinions on the residence permit for social protection were generally positive,especially in judicial cases where the intimidation of witnesses was more likely. Itwas regarded as useful for both investigative purposes, because the protectionencouraged the trafficking victims to report crimes and to testify, and for trialpurposes, because the prosecutors could rely on the presence in court of thevictim-witness, thereby overcoming the difficulties of admissible evidence(prohibition of de relato testimony by the judicial police and prosecutor).As mentioned above, the existence of two different paths (social and judicial) hadfacilitated achievement of these two goals. In the experience of the prosecutor’soffices of Lecce and Genoa, this had happened because very often the social pathturned into judicial collaboration. The initial activation of the social path created atrust relationship between the victims and the NGOs that, with the passage of time,became trust in the Italian institutions, and also an incentive to contact the judicialauthorities. At the prosecutor’s office of Perugia, this incentive led to the disclosureof the names, telephone numbers and addresses of ‘travel agencies’ involved inpeople trafficking. One may therefore conclude that the double escape routeprovided by the law, besides representing an advanced form of protection ofvictims’ right, is also an efficient instrument of judicial action.Other prosecutor’s offices (Turin, Genoa) emphasised the positive procedural sideeffects.The ‘stabilisation’ of the victim on national territory achieved through work241
13. The results of the interviews conducted with the most active prosecutor’s offices: best practices in judicial activitieswith the NGOs and the protection provided by them, had on several enabled theprosecutor’s offices to have cooperative witnesses available during trials.13.4.3 Application: risks and difficultiesThe risk most frequently reported in relation to the use of article 18 C.T,Immigration was its possible exploitation by illegal migrants to obtain benefits suchas regularisation of their status and access to welfare benefits. At the prosecutor’soffice of Turin, this phenomenon had occurred especially in cases concerningwitnesses from Africa, who often reported facts that had happened a long timepreviously, and with no current criminal relevance, merely in order to obtainbenefits. The prosecutor’s office of Ascoli Piceno also reported cases of exploitativeuse of the provision in order to obtain a valid stay permit.However, there were some prosecutor’s offices which did not report any cases ofmisuse, although they noted the possibility that the defence might object to thetestimony of the victims during the trial on the grounds that the testimonies hadbeen given in order to obtain benefits.According to the prosecutors interviewed, both the risks highlighted (abuse andpossible procedural failures) could be averted if attention was paid to two aspects:- the seriousness of action plans and of the associations concerned (they must belegally recognised and offer guarantees);- careful evaluation of the cases where the judicial path seems advisable (whenthe crime has been reported by the victims and it can be confirmed).However, it was emphasised as regards the first of the above aspects that the lawdoes not give the prosecutor’s offices authorisation to verify the protectionprogrammes set up by NGOs, only the power to propose withdrawal of a staypermit pursuant to article 18, par. 4. The facilities furnishing social support werealone responsible for their programmes.Finally, the following further difficulties in application of article 18 were reported.The prosecutor’s office of Perugia pointed out that, although there had been noproblems with the issue of stay permits for social protection, the requirements forit to be granted (six-month re-socialisation programme and then application to theQuestura (Police Headquarters) did not meet the exigencies of women concerned,who felt threatened in the meantime. Moreover, some social programmes seemedexcessively rigid and inappropriate to the needs of the victims.The prosecutor’s office of Genoa emphasised the failure of the provision to provideprotection for victims’ relatives in their country of origin. To remedy thisshortcoming, in a case relating to Albanian organised crime, the relatives of thevictims had been brought to Italy before the victims statements were made public.From a more practical point of view, the prosecutor’s office of Milan hadencountered logistical problems, and specifically the impossibility of findingaccommodation at communities for males belonging to certain ethnic groups(especially Chinese). The shortage of facilities for male illegal migrants wasgenerally emphasised.242
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TRAFFICKING IN PERSONS ANDSMUGGLING
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Table of contentsTABLE OF CONTENTS1
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Table of contents10.4 Assistance an
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Table of contents13.1.5 Atypical in
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1. Acknowledgementsthe interviews w
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2. Executive summary2.EXECUTIVE SUM
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2. Executive summaryDuring phase V,
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2. Executive summaryAs regards the
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2. Executive summaryIncidente proba
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2. Executive summary- Establish the
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2. Executive summaryUpdate to the r
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3. IntroductionThe need for reliabl
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3. Introductionpersons and on the s
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4. Goal, objectives and phases of t
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5. Operational definitions5.OPERATI
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5. Operational definitionsany provi
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5. Operational definitions5.3 T5.3
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6. The United Nations Convention ag
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7. The European Union regulations7.
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7. The European Union regulationsEa
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7. The European Union regulations-
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7. The European Union regulationsth
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7. The European Union regulationsb)
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7. The European Union regulationspe
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7. The European Union regulationsTh
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7. The European Union regulationsap
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7. The European Union regulationsOn
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7. The European Union regulations-
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8. Trafficking and smuggling in Eur
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9. Trafficking and smuggling in Ita
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9. Trafficking and smuggling in Ita
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10. Italian legislation and judicia
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11. A map of the phenomenon in Ital
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12. The results of the interviews c
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Page 256: ANNEXASURVEY ON CASES OF PEOPLETRAF
Page 259 and 260: Annex AData related to the case:Cas
Page 261 and 262: Annex AQuantity and nationality of
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Page 266 and 267: Annex BINDEXFIRST PART - THE PHENOM
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Page 274 and 275: Annex Bmeasures, tailing, infiltrat
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