Latvia

In general Latvia remains a country of origin of victims of trafficking in human beings which means that inhabitants of Latvia are exploited abroad both in the EU Member States and third countries.

Since 2015 internal trafficking cases were detected and Latvian nationals identified as victims of trafficking in human beings.

All forms of trafficking in human beings are prohibited. The specific offence of trafficking in human beings was established in 2002 through the Criminal Law, which determines the concept of trafficking in human beings and punishments.

The Criminal Law Section 154.¹ Human Trafficking

(1) For a person who commits human trafficking,

the applicable punishment is deprivation of liberty for a period up to eight years, with or without confiscation of property.

(2) For a person who commits human trafficking if it has been committed against a minor, or if it has been committed by a group of persons according to a prior agreement,

the applicable punishment is deprivation of liberty for a period of three and up to twelve years, with or without confiscation of property and with or without probationary supervision for a period up to three years.

(3) For a person who commits human trafficking if it has endangered the life of a victim or serious consequences have been caused thereby, or it has been committed involving particular cruelty or against an under-aged person, or it has been committed by an organised group,

the applicable punishment is deprivation of liberty for a period of five and up to fifteen years, with or without confiscation of property and with or without probationary supervision for a period up to three years.

The Criminal Law Section 154.² Meaning of Human Trafficking

(1) Human trafficking is the recruitment, transportation, transfer, concealment, accommodation or reception of persons for the purpose of exploitation, committed by using violence or threats or by means of deceit, or by taking advantage of the dependence of the person on the offender or of his or her state of vulnerability or helplessness, or by the giving or obtaining of material benefits or benefits of another nature in order to procure the consent of such person, upon which the victim is dependent.

(2) The recruitment, transportation, transfer, concealment, accommodation or reception of a minor for the purpose of exploitation shall be recognised as human trafficking also in such cases, if it is not connected with the use of any of the means referred to in the Paragraph one of this Section.

(3) Within the meaning of this Section, exploitation is the involvement of a person in prostitution or in other kinds of sexual exploitation, the compulsion of a person to perform labour, to provide services or to commit criminal offences, the holding of a person in slavery or other similar forms thereof (debt slavery, serfdom or compulsory transfer of a person into dependence upon another person), and the holding a person in servitude or also the illegal removal of a person's tissues or organs.

(4) Within the meaning of this Section state of vulnerability means using the circumstances when a person does not have another actual or acceptable choice, only to submit to exploitation.

Since 2016 a new concept “a specially protected victim” was introduced in the Criminal Procedure Law.

Criminal Procedure Law Section 96.¹ A specially protected victim shall be the following victim:

1) a minor;

2) a person who is not able to completely exercise his or her procedural rights due to a mental or other health impairment;

3) a person who has suffered from a criminal offence directed against the morality or gender inviolability of a person, or from human trafficking;

4) a person who has suffered from a criminal offence related to violence or threat of violence and committed by a relative, former spouse of the victim or by a person with whom the victim was in unregistered spousal relationship;

5) a person who as a result of a criminal offence has been, possibly, inflicted serious bodily injuries or mental impairments;

6) a person who has suffered from a criminal offence, possibly, committed due to racial, national, ethnic, or religious reasons.

Criminal Procedure Law Section 97.¹ Fundamental Rights of a Victim in Criminal Proceedings determines the following:

(1) A victim has the following rights:

1) to receive information regarding the conditions for applying for and receipt of a compensation, including State compensation and to submit an application regarding compensation for the harm inflicted in accordance with the procedures laid down in this Law;

2) to participate in criminal proceedings, using the language in which he or she is fluent, if necessary, using the assistance of an interpreter without remuneration;

3) to not testify against him or herself or against his or her immediate kinfolk;

4) to settle with a person who has inflicted harm to him or her, as well as to receive information regarding implementation of the settlement and its consequences;

5) to invite an advocate for the receipt of legal assistance and to meet the advocate in circumstances that ensure confidentiality of conversations;

6) to submit an application regarding taking of measures in case of a threat to the person himself or herself, his or her relatives or property;

7) in the cases provided for in this Law to submit an application regarding reimbursement of procedural expenses which have arisen during criminal proceedings;

8) to submit a complaint in the cases, within the terms and in accordance with the procedures laid down in this law regarding a procedural ruling or an action of an official authorised for the performance of criminal proceedings;

9) to receive contact information for communication regarding the particular criminal proceedings;

10) to receive information regarding the support and medical assistance available.

(2) A victim, his or her guardian or trustee has the right, in all stages of criminal proceedings and in all types thereof, to request that a European protection order is issued, if the grounds for taking a European protection order laid down in this Law exist.

(3) As soon as the person is recognised a victim, he or she shall, without delay, be issued and, if necessary, explained the information regarding the fundamental rights of the victim. The victim shall confirm with his or her signature that the information has been issued and, if necessary, the rights have been explained.

The Legal Aid Administration ensures the operation of the telephone line 116006 “Helpdesk to the victims of crime” by concluding a delegation agreement with the NGO “Skalbes”. This telephone line provides an opportunity for victims of crime, including victims of trafficking in human beings, to receive emotional and psychological support, as well as information about their procedural rights, available support services and opportunities to use their rights to facilitate their participation in criminal proceedings. The working hours of this telephone line are every day from 07.00 to 22.00 and the specialists provide consultations into Latvian, Russian and English languages.

Cabinet Regulation No 889 on “Procedures by which victims of human trafficking receive social rehabilitation services and the criteria for recognising a person as a victim of human trafficking” prescribes the procedures, by which a person who has been recognised a victim of the trafficking in human beings shall receive social rehabilitation services for the State budget funds, and the criteria for the recognition of a person as a victim of the trafficking in human beings.

The provision of services is co-ordinated by the Social Integration State Agency (further – Agency) which:

1. takes a decision to provide services or to refuse to provide services if the requirements referred to in this Regulation are not conformed to;
2. establishes a database of the services provided.

A course of services for a person shall be up to 180 calendar days. In addition the person may receive five consultations of the provider of services (duration of consultation - one hour) within two years after end of the course of services, if the person does not receive the support services during criminal proceedings.

If a person has been recognised a victim within the scope of criminal proceedings regarding trafficking in human beings by a decision of a person directing the proceedings or he or she is assigned the status of a witness, if the relevant person does not wish to be recognised a victim (hereinafter - witness), and it is confirmed by a statement issued by a law enforcement authority, in addition after the end of the course of services the relevant person has the right to receive support in relation to the initiated criminal proceedings - psychosocial assistance (including individual consultations of a lawyer, social worker, psychologist), services of an interpreter, assistance in drawing up legal documents and, if necessary, representation in court, not exceeding 150 hours per year. The person shall receive support during the course of services within the scope of the course of services. If the person receives State ensured legal aid in accordance with the laws and regulations determining the cases and procedures for providing State ensured legal aid, the relevant person has the right to receive consultations of a social worker and psychologist, as well as, if necessary, services of an interpreter in such consultation as support.

A person may receive services on the basis of the following documents:

1. a written submission of the person or the legal representative thereof to the provider of services (further – submission);
2. a copy of the decision of the person directing the proceedings or a statement of the law enforcement authority, a person's assessment report of the provider of services, in which the compliance of the person with the criteria of a victim of the trafficking in human beings has been specified, or a statement of a foreign law enforcement authority translated into Latvian that criminal proceedings have been initiated or other actions are performed, which may be the grounds for the commission to take a decision that the person complies with the criteria of a victim of the trafficking in human beings.

A person may receive support services during a criminal proceeding on the basis of the following documents:

1. a written submission of the person or his or her legal representative to the provider of services;
2. a copy of the decision of the person directing the proceedings or a statement of the law enforcement authority.

A provider of services, taking into account the status of the relevant person, shall perform the following activities:

1. interview the person in person or using means of electronic communication and accept a written submission of the person or his or her legal representative;
2. if the person has been issued the decision of a person directing the proceedings or the statement of a law enforcement authority, such documents and the submission shall be sent to the Agency within one working day;

3. if the person has not been issued the decision of a person directing the proceedings or the statement of a law enforcement authority, the compliance of the person with the criteria of a victim of the trafficking in human beings shall be assessed and the person's assessment report shall be drawn up without delay, but not later than within three working days;
4. if the person complies with the criteria of a victim of the trafficking in human beings, the person's assessment report and the submission shall be sent to the Agency within three working days after assessment of the person;
5. if the person does not comply with the criteria of a victim of the trafficking in human beings, the person's assessment report, the justification of the assessment and the submission shall be sent to the Agency within 10 working days after assessment of the person.

In order to assess the compliance of a person with the criteria of a victim of the trafficking in human beings, a provider of services shall establish a commission of the specialists. The commission shall include a social worker, a psychologist, a lawyer, an official of the State Police, as well as, where necessary, other specialists.

The commission shall evaluate a person in person, but in an exceptional case, if the person is abroad, his or her evaluation may be performed on the basis of the submitted documents. The Commission shall recognise a person a victim of the trafficking in human beings, if the person:

1. was recruited, transported, conveyed or received, kidnapped or sold or, upon arrival in the country of destination, was forced to do other work instead of the work intended or promised beforehand;
2. was in debt to his or her employer or recruiter and a part of the income of such person was collected or the person was not able to quit the occupation or to change work of his or her free will, or such person was deprived of the identification documents, or was forced to provide sexual services as a part of work duties, or was employed against his or her own will, or the person had to work longer hours per week than had been specified, or was supervised in the workplace in order to make the escape impossible, or was dependent on the employer thereof due to the family, kinship, work, rental relationship, indebtedness;
3. felt indirect threats seeing that violence was being used against others, or the person was denied the satisfaction of the basic needs of a human being, or signs of physical violence are visible, the person had previously suffered from violence or was intimidated and he or she was threatened with revenge, if he or she would contact the police or turn for help to any other institution, or with revenge, if he or she tried to escape or return to the origin country, or threats were expressed to revenge upon the family and relatives of the person, if the person escapes, or threats of deportation or notification of the relevant institutions were expressed, if the person tries to escape;
4. was held imprisoned and hidden from the surrounding environment and communication with other people or was constantly controlled, or was allowed to stay outside the workplace only in the company of the employer's representative.

After assessment of a person the commission shall draw up a report. It shall be justifiably indicated in the report, whether the person complies with the criteria of a victim of the trafficking in human beings.

The Agency shall immediately, but not later than within three working days:

1. on the basis of the submission of a person and a decision of the performer directing criminal proceedings or a statement of a law enforcement authority, take a decision to assign services to the person or to include the person in the queue of the recipients of services;
2. evaluate the documents submitted by the provider of services - the submission of the person and the person's assessment report - and take a decision to provide services to the person, to include the person in the queue of the recipients of services or to refuse to assign services to the person;
3. on the basis of the submission of a person and a decision of the performer directing criminal proceedings or a statement of a law enforcement authority, take a decision to assign support to the person, to include the person in the queue of the persons requesting support or to refuse to assign support to the person.

The provision of services shall be refused in the following cases:

1. the person does not comply with the criteria of a victim of the trafficking in human beings;
2. the person has not submitted all the documents necessary for the receipt of the service;
3. the person repeatedly requests services during one year, except the case if the person requests support or if provision of services has been terminated on the basis that criminal proceedings have been terminated, in which the person has been recognised a victim or a witness, if the person is receiving support.

A person has a duty to co-operate in the implementation of the rehabilitation plan developed by the provider of services, as well as to comply with the procedures specified by the provider of services.

As there are two approaches to formally identify victims of trafficking in human beings an amount of assistance and support services and measures differs:

Non-punishment provisions:

The Criminal Law Section 58 “Release from Criminal Liability” states that (6) a person may be released from criminal liability if he or she has committed a criminal offence during a period when he or she was subjected to human trafficking and was forced to commit it. [adopted on December 13, 2012, into force since April 1, 2013]

The Criminal Procedure Law Section 379 “Termination of Criminal Proceedings, Releasing a Person from Criminal Liability” states that (1) an investigator with a consent of a supervising public prosecutor, public prosecutor or a court may terminate criminal proceedings, if 5) the person committed the criminal offence during the time period when he or she was subject to human trafficking and was forced to commit the offence. [adopted on December 20, 2012, into force since April 1, 2013]

Immigration-related offences are provided by the Criminal Law Section 284 “Illegal Crossing of the State Border”, Section 285.¹ “Ensuring the Possibility to Residing Illegally in the Republic of Latvia”, Section 285.² “Ensuring, in Bad Faith, a Possibility to Acquire the Right to Stay in the Republic of Latvia Legally, other Member State of the European Union, Member State of the European Economic Area or Swiss Confederation”, Section 281 “Concealing Personal Identity”, Section 275 “Forgery of a Document, Seal and Stamp and Use and Disposal of a Forged Document, Seal and Stamp” – thus a victim of trafficking in human beings may be released from liability according to the legal provisions provided by the Criminal Law Section 58 or the Criminal Procedure Law Section 379 “Termination of Criminal Proceedings, Releasing a Person from Criminal Liability”.

Amendments to the Latvian Administrative Violations Code regarding release from administrative liability of a victim of trafficking in human beings are not translated officially yet (adopted by the Parliament on 9 November 2017, into force since 6 December 2017)

Section 21.¹ Possibility to be Released from Administrative Liability a Victim of Trafficking in Human Beings

A person may be released from administrative liability, if he or she has committed an administrative violation during a period when he or she was subjected to trafficking in human beings and was forced to commit it.

Article 238 ² Refusal to initiate administrative proceedings in administrative violation cases

An institution (official) authorized to investigate an administrative violation case, having examined the application and other materials regarding the corresponding administrative violation, may refuse to initiate proceedings in this administrative violation case if the committed violation is considered minor or if it was committed at the time when the person was subjected to trafficking in human beings and therefore was forced to commit the respective violation.

Section 275. Types of Decisions

A decision regarding the termination of record-keeping shall be taken:

4) if a victim of trafficking in human beings is released from administrative liability according to the provisions provided by Section 21.¹.

The new anti-trafficking policy planning document Guidelines for the Prevention of Trafficking in Human Beings 2014 – 2020” was approved by the Government on 21 January 2014. The policy planning document is structured as comprehensive informative material about the overall situation in the country in the field of prevention and combating of human trafficking – general information, trends, education, information, researches, identification of victims of human trafficking, support and assistance, legal protection, legal aid, state compensation, return of victims from foreign countries, residence of victims of human trafficking who are third countries nationals, helplines, non-punishment principle, legal framework for combating of human trafficking, law enforcement agencies, prosecution, justice, cooperation and coordination. It includes also policy results, action results and indicators of effectiveness for measurement of the implemented actions, plan of tasks and measures, as well as information about impact on state budget.

This document is not just a working document for policy makers and competent institutions, but it is a document which helps to raise awareness and understanding of each society member about the phenomenon of human trafficking, about current situation in the country, risks and threats to become a victim of human trafficking, what kind of assistance, support and protection is provided to a victim of human trafficking.

The new policy planning document contains two main policy goals:

1. To promote awareness of society and understanding about trafficking in human beings and to provide assistance and support for the victims of human trafficking.
2. To achieve the reduction of latency of trafficking in human beings, to develop capacity of law enforcement agencies and relevant stakeholders to combat trafficking in human beings.

The main directions of the policy planning document:

1. Prevention of trafficking in human beings.
2. Combating of trafficking in human beings.
3. Coordination of cooperation and information collection.

The policy planning document includes tasks and measures aimed at ensuring sustainable, planned and coordinated implementation of national policy for human trafficking prevention – to prevent and combat trafficking in human beings, to protect and assist victims of human trafficking, with full respect for their human rights, and to promote cross-sectoral cooperation in order to achieve this goal.

The policy planning document was elaborated in close cooperation with relevant NGOs who have this very specific expertise on trafficking issues since 2000. All the activities provided are being implemented in close cooperation with NGOs and other partners of civil society.

For the coordination of implementation of national anti-trafficking policy an inter-institutional working group has been established by a prime minister in 2010. It consists of line ministries, law enforcement agencies, governmental and municipal institutions, NGOs and partners of civil society. The National Coalition of NGOs which brings together like-minded NGOs from Latvia to prevent trafficking in human beings is established and the Coalition of NGOs is represented in the working group. The framework of the working group provides that the NGOs have a strong voice and their proposals are taken into the consideration. The inter-institutional working group works on a public-private partnership principle. The work of the group is organized by the Ministry of the Interior and this National Coordination Mechanism is coordinated by the National Anti-Trafficking Coordinator.

The working group meets four times a year. The meetings of the inter-institutional working group are chaired by the Deputy State Secretary of the Ministry of the Interior. An agenda of a meeting is proposed by the Ministry of the Interior and it is supplemented with proposals of other stakeholders. As a result of these meetings the Ministry of the Interior prepares detailed minutes which serves as quarterly report. It contains information on discussions, results and achievements reported by stakeholders, identified problems and proposals for further development.

The working group does not have its own specialized budget. The governmental and municipal institutions and law enforcement agencies provide their participation and work in the working group and implementation of activities set by anti-trafficking policy planning document within the budgets allocated for them by the Government.

The inter-institution working groups consists of:

Line ministries:

- Ministry of the Interior,

- Ministry of Foreign Affairs,

- Ministry of Welfare,

- Ministry of Justice,

- Ministry of Culture,

- Ministry of Health,

- Ministry of Education and Sciences,

- Ministry of Economics,

Law enforcement agencies:

- The State Police,

- The General Prosecutor’s Office,

- The State Border Guard,

Institutions:

- The Office of Citizenship and Migration Affairs,

- Information Centre of the Ministry of the Interior,

- State Labour Inspectorate,

- State Employment Agency,

- Department of Welfare of Riga City Council,

- Municipal Police of Riga,

- The Ombudsman’s Office,

NGOs and IO:

- Society “Shelter “Safe House””,

- Society “Center Marta”,

- Society “For free Vidzeme from Trafficking in Human Beings”,

- International Organization for Migration Riga Office,

Civil partner:

- Association of Municipalities in Latvia.

National Anti-Trafficking Coordinator has the following main responsibilities: to collect and analyse information, as well as prepare information and analytical materials on anti-trafficking issues which are included in policy planning documents of the Ministry of the Interior and other line ministries, on implementation of tasks given by the Cabinet of Ministers, a Prime Minister, on legal acts and regulations and progress of overall situation in fight against trafficking in human beings, as well as provide elaboration of proposals to improve national anti-trafficking policy; provide representation of the Ministry of the Interior and interests of the country at inter-institutional meetings, workshops, conferences at national and international level; monitor and analyse changes in legal acts; organize and provide activities, work and development of national anti-trafficking coordination mechanism as well as coordinate and control implementation of taken decisions.

Contacts:

National Coordinator, governmental reporting

Ministry of the Interior of Latvia

Contact person: Ms. Agnese Zīle

Address: Čiekurkalna 1.līnija 1 k-2, Riga, LV-1026, Latvia

Telephone: + 371 67219592

E-mail: agnese [dot] zileiem [dot] gov [dot] lv (agnese[dot]zile[at]iem[dot]gov[dot]lv)

Websites: www.iem.gov.lv and www.trafficking.lv

Government agencies

State Police, Anti-Trafficking Unit

Čiekurkalna 1.līnija 1, k- 4, LV - 1026

Telephone: 37167075332, +37167075344

E-mail: thbvp [dot] gov [dot] lv (thb[at]vp[dot]gov[dot]lv), onapvp [dot] gov [dot] lv (onap[at]vp[dot]gov[dot]lv)

Website: https://www.vp.gov.lv/

Emergency hotline 112; 110

NGOs – social service providers

Center Marta

Matīsa street 49-3, Riga, LV-1009

Telephone: +371 67378539

E-mail: centrsmarta [dot] lv (centrs[at]marta[dot]lv)

Website: https://marta.lv/

Shelter “Safe House”

Lāčplēša street 75-1, Rīga, LV-1011

Telephone: (+371) 67898343

Trust Phone: (+371) 28612120 (24/7)

E-mail: drosa [dot] majagmail [dot] com (drosa[dot]maja[at]gmail[dot]com)

Website: https://www.patverums-dm.lv/