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Position of Human Trafficking Victims in Court Proceedings: Analysis of judicial practice for 2013 (Serbia)

Document number
3059
Date
2014
Title
Position of Human Trafficking Victims in Court Proceedings: Analysis of judicial practice for 2013 (Serbia)
Author/publisher
ASTRA
Availability
View/save PDF version of this document
Document type(s)
National Law, Research/Study/Analysis,
Keywords
human trafficking, human rights, exploitation, forced labour, criminal proceedings, compensation
Summary

NGO ASTRA - Anti Trafficking Action, Serbia, in addition to providing direct assistance to victims of human trafficking, continuously monitors the position of victims in court proceedings, both by way of monitoring trials in which victims appear most often as injured parties/witnesses and by analysing judgments rendered for the criminal offence of human trafficking. This is the summary of the Report for 2013.

The analysis of legal practice is based on monitoring court trials for the crime of trafficking and on quantitative and qualitative analysis of court decisions issued in the course of 2013 in criminal court proceedings, either by first or second instance courts. A total of 39 criminal courts' judgments were analysed which, among other things, dealt with human trafficking, 16 of which being first instance judgements and 23 appellate courts' judgements. In analysing court decisions, the parameters crucial for the assessment of victims' position were used, with the emphasis on the data on the victim and his/her hearing, decision on compensation claims, as well as the type and severity of penalties. Special attention in this section of the analysis was given to a final decision adopted in civil proceedings, which was the basis for the first ever compensation claim awarded and paid to a human trafficking victim in Serbia.