Rządowy projekt ustawy o ratyfikacji Konwencji Rady Europy w sprawie działań przeciwko handlowi ludźmi, sporządzonej w Warszawie dnia 16 maja 2005 r.

_ _ _ _ _ _ _ _ _ _ _ _ _ _
a
standards of living capable of ensuring their subsistence, through such measures as:
appropriate and secure accommodation, psychological and material assistance;
b
access to emergency medical treatment;
c
translation and interpretation services, when appropriate;
d
counselling and information, in particular as regards their legal rights and the
services available to them, in a language that they can understand;
e
assistance to enable their rights and interests to be presented and considered a t
appropriate stages of criminal proceedings against offenders;
f
access to education for children.
2
Each Party shall take due account of the victim’s safety and protection needs.
3
In addition, each Party shall provide necessary medical or other assistance to victims
lawfully resident within its territory who do not have adequate resources and need such
help.
4
Each Party shall adopt the rules under which victims lawfully resident within its
territory shall be authorised to have access to the labour market, to vocational training
and education.
5
Each Party shall take measures, where appropriate and under the conditions provided for
by its internal law, to co-operate with non-governmental organisations, other relevant
organisations or other elements of civil society engaged in assistance to victims.
6
Each Party shall adopt such legislative or other measures as may be necessary to ensure
that assistance to a victim is not made conditional on his or her willingness to act as a
witness.
7
For the implementation of the provisions set out in this article, each Party shall ensure
that services are provided on a consensual and informed basis, taking due account of t h e
special needs of persons in a vulnerable position and the rights of children in terms of
accommodation, education and appropriate health care.
_ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 13 – Recovery and reflection period
1
Each Party shall provide in its internal law a recovery and reflection period of at least 30
days, when there are reasonable grounds to believe that the person concerned is a victim.
Such a period shall be sufficient for the person concerned to recover and escape t h e
influence of traffickers and/or to take an informed decision on cooperating with t h e
competent authorities. During this period it shall not be possible to enforce any expulsion
order against him or her. This provision is without prejudice to the activities carried out
by the competent authorities in all phases of the relevant national proceedings, and in
particular when investigating and prosecuting the offences concerned. During this period,
the Parties shall authorise the persons concerned to stay in their territory.
2
During this period, the persons referred to in paragraph 1 of this Article shall be entitled
to the measures contained in Article 12, paragraphs 1 and 2.
3
The Parties are not bound to observe this period if grounds of public order prevent it or if i t
is found that victim status is being claimed improperly.
Article 14 – Residence permit
1
Each Party shall issue a renewable residence permit to victims, in one or other of the two
following situations or in both:
a
the competent authority considers that their stay is necessary owing to their personal
situation;
b
the competent authority considers that their stay is necessary for the purpose of their
co-operation with the competent authorities in investigation or criminal proceedings.
2
The residence permit for child victims, when legally necessary, shall be issued in
accordance with the best interests of the child and, where appropriate, renewed under t h e
same conditions.
3
The non-renewal or withdrawal of a residence permit is subject to the conditions provided
for by the internal law of the Party.
4
If a victim submits an application for another kind of residence permit, the Party
concerned shall take into account that he or she holds, or has held, a residence permit in
conformity with paragraph 1.
5
Having regard to the obligations of Parties to which Article 40 of this Convention refers,
each Party shall ensure that granting of a permit according to this provision shall be
without prejudice to the right to seek and enjoy asylum.
_ _ _ _ _ _ _ _ _ _ _ _ _ _
Article 15 – Compensation and legal redress
1
Each Party shall ensure that victims have access, as from their first contact with t h e
competent authorities, to information on relevant judicial and administrative proceedings
in a language which they can understand.
2
Each Party shall provide, in its internal law, for the right to legal assistance and to free
legal aid for victims under the conditions provided by its internal law.
3
Each Party shall provide, in its internal law, for the right of victims to compensation
from the perpetrators.
4
Each Party shall adopt such legislative or other measures as may be necessary to
guarantee compensation for victims in accordance with the conditions under its internal
law, for instance through the establishment of a fund for victim compensation or measures
or programmes aimed at social assistance and social integration of victims, which could be
funded by the assets resulting from the application of measures provided in Article 23.
Article 16 – Repatriation and return of victims
1
The Party of which a victim is a national or in which that person had the right of
permanent residence at the time of entry into the territory of the receiving Party shall,
with due regard for his or her rights, safety and dignity, facilitate and accept, his or her
return without undue or unreasonable delay.
2
When a Party returns a victim to another State, such return shall be with due regard for
the rights, safety and dignity of that person and for the status of any legal proceedings
related to the fact that the person is a victim, and shall preferably be voluntary.
3
At the request of a receiving Party, a requested Party shall verify whether a person is its
national or had the right of permanent residence in its territory at the time of entry into
the territory of the receiving Party.
4
In order to facilitate the return of a victim who is without proper documentation, t h e
Party of which that person is a national or in which he or she had the right of permanent
residence at the time of entry into the territory of the receiving Party shall agree to issue,
at the request of the receiving Party, such travel documents or other authorisation as may
be necessary to enable the person to travel to and re-enter its territory.
_ _ _ _ _ _ _ _ _ _ _ _ _ _
5
Each Party shall adopt such legislative or other measures as may be necessary to
establish repatriation programmes, involving relevant national or international
institutions and non governmental organisations. These programmes aim at avoiding re-
victimisation. Each Party should make its best effort to favour the reintegration of
victims into the society of the State of return, including reintegration into the education
system and the labour market, in particular through the acquisition and improvement of
their professional skills. With regard to children, these programmes should include
enjoyment of the right to education and measures to secure adequate care or receipt by t h e
family or appropriate care structures.
6
Each Party shall adopt such legislative or other measures as may be necessary to make
available to victims, where appropriate in co-operation with any other Party concerned,
contact information of structures that can assist them in the country where they are
returned or repatriated, such as law enforcement offices, non-governmental organisations,
legal professions able to provide counselling and social welfare agencies.
7
Child victims shall not be returned to a State, if there is indication, following a risk and
security assessment, that such return would not be in the best interests of the child.
Article 17 – Gender equality
Each Party shall, in applying measures referred to in this chapter, aim to promote gender
equality and use gender mainstreaming in the development, implementation and
assessment of the measures.
Chapter IV – Substantive criminal law
Article 18 – Criminalisation of trafficking in human beings
Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences the conduct contained in article 4 of this Convention, when
committed intentionally.
Article 19 – Criminalisation of the use of services of a victim
Each Party shall consider adopting such legislative and other measures as may be
necessary to establish as criminal offences under its internal law, the use of services which
are the object of exploitation as referred to in Article 4 paragraph a of this Convention,
with the knowledge that the person is a victim of trafficking in human beings.
Article 20 - Criminalisation of acts relating to travel or identity documents
Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences the following conducts, when committed intentionally and
for the purpose of enabling the trafficking in human beings:
a
forging a travel or identity document;
_ _ _ _ _ _ _ _ _ _ _ _ _ _
b
procuring or providing such a document;
c
retaining, removing, concealing, damaging or destroying a travel or identity document
of another person.
Article 21 – Attempt and aiding or abetting
1
Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences when committed intentionally, aiding or abetting t h e
commission of any of the offences established in accordance with Articles 18 and 20 of t h e
present Convention.
2
Each Party shall adopt such legislative and other measures as may be necessary to
establish as criminal offences when committed intentionally, an attempt to commit t h e
offences established in accordance with Articles 18 and 20, paragraph a, of this
Convention.
Article 22 – Corporate liability
1
Each Party shall adopt such legislative and other measures as may be necessary to ensure
that a legal person can be held liable for a criminal offence established in accordance
with this Convention, committed for its benefit by any natural person, acting either
individually or as part of an organ of the legal person, who has a leading position within
the legal person, based on:
a
a power of representation of the legal person;
b
an authority to take decisions on behalf of the legal person;
c
an authority to exercise control within the legal person.
2
Apart from the cases already provided for in paragraph 1, each Party shall take t h e
measures necessary to ensure that a legal person can be held liable where the lack of
supervision or control by a natural person referred to in paragraph 1 has made possible t h e
commission of a criminal offence established in accordance with this Convention for t h e
benefit of that legal person by a natural person acting under its authority.
3
Subject to the legal principles of the Party, the liability of a legal person may be
criminal, civil or administrative.
4
Such liability shall be without prejudice to the criminal liability of the natural persons
who have committed the offence.