Trafficking in human beings for sexual and other purposes - Polisen

3. Criminal Development14but the purchase of sexual services is a criminaloffence. This means in practice that a crime has to becommitted under Swedish law to enable a personengaged in prostitution to support themselves.The Migration Court agreed with the woman andstated that in her case it did not comply with theEuropean Community Directive on freedom ofmovement to deport her, pursuant to Chapter 8 § 2,paragraph 1, 2 of the Aliens Act 10 . From Article 27.2of the Free Movement Directive, it is clear that if aperson is to be deported, that person’s behaviourmust constitute a “genuine, present and sufficientlyserious threat affecting one of the fundamental interestsof society” 11 . The Migration Court found that thewoman had not committed any criminal acts. Herpersonal behaviour did not constitute a threat pursuantto the Free Movement Directive.In a case concerning a report to the Ombudsmanfor Justice from the Prostitution Team in the City ofGothenburg to the police authority in Västra Götalandon 7 September 2011, the assessment of theOmbudsman for Justice differed from that of theMigration Court 12 . The Ombudsman for Justiceannounced its decision that: “Based on current preliminarystatements, prostitution is to be regarded asa dishonest means of support according to the law.Prostitution - which can not occur without a crimehaving been committed - may also be considered as aprohibited occurrence in one principal element.Unlike the judgement in a previous determination bythe Ombudsman for Justice, which related to begging,deportation in this case is considered to be compatiblewith the Aliens Act.According to the EU Free Movement Directive thewoman had a right in principle to reside in the country.However, the rights of the individual may be10 Administrative Court in Gothenburg, Migration Court Dept.1, 08.04.2011, Case no. UM 832-11.11 Free Movement Directive 2004/38/EC12 Parliamentary Ombudsmen - Ombudsman for Justice, Registrationnumber: 4468-2011, 01.11.2012.rescinded in the event of any threat to public order,security or health. In this context, the Directiveallows for interpretation. The decision includes anassessment that in this case there was nothing to preventdeportation and that, at all events, the legal positionis not sufficiently clear for the police to be criticisedfor having made an incorrect decision.”3.1.1 Profiles: perpetrators, organisednetworksThe criminal gangs responsible for human traffickingcrimes detected in Sweden in 2011 were on a smallerscale but were, in many cases, assumed to belong tolarger organised networks in the victims’ countries oforigin. Those gangs, which comprised mainly men,were from several countries with a variety of ethnicbackgrounds and were usually linked to organisedcrime or included in family-like constellations. Someof the women involved had themselves been exploitedfor the purposes of prostitution and were laterrecruited as intermediaries by those responsible withinthe criminal network. In 2011, preliminary investigationsand sentences show that the people who wereinvolved in human trafficking, in certain cases, alsodevoted themselves to other criminality such asextortion and fraud.The persons responsible for the activities investigatedin 2011 were men and women originally fromEstonia, Iraq, Lithuania, Romania, Slovakia, Swedenand Poland.On the whole, all of those who have been prosecutedor sentenced for human trafficking for sexual purposes,or for crimes similar to human trafficking suchas procuring/aggravated procuring in 2011, had linksto the countries of origin of the victims or to countriesin which these people were resident. This meantthat the perpetrators had knowledge of the victims’living conditions and of economic and social conditionsin their country of origin. This knowledge wasthen utilised by the perpetrators for recruiting andcontrolling the women. Some of the perpetrators had