1. Establishment of Database on THB and Development of Quantitative Indicators for Evaluating Implementation of THB Policies (TRAFDATA)

Development of electronic resources, namely a database (TRAFDATA) containing relevant statistic data about perpetrators and victims of human trafficking

A clearer picture about the extent of the phenomenon and its characteristics would facilitate information sharing between relevant stakeholders, contribute to the designing of appropriate policy measures for the prevention of THB and to speed- up establishment of victim identification procedures based on human rights considerations

Dražen Dragičević
Hrvoje Lisičar
Nina Gumzej
Tihomir Katulić
Marko Jurić
Davor Derenčinović
Anna Getoš
Sanja Milivojević
Vanda Božić

From 1st to 4th month of the project
(update of the Database – continuously)

2. Research Study on Recruitment of THB Victims through Internet

Analysis of comparative best practices in research of online communication leading to trafficking. The research will address issues of use of Internet by traffickers, methods used to recruit victims, different types of victims, liability of access providers etc.

Research findings will be used for improvement of existing legal, technical and institutional framework applicable to the protection of Internet users from the influence of traffickers.

Dražen Dragičević
Leo Cvitanović
Hrvoje Lisičar
Nina Gumzej
Tihomir Katulić
Marko Jurić
Vanda Božić

From 1st to 4th month of the project

From 9th-12th month of the project

3. Analysis of Non-Punishment of THB victims provision

The research on non-punishment provision will provide answers to the following questions: in addition to the possibility not to impose penalty on the victim, does it encompass non- prosecution and non-detention requirement (both could interfere with pending identification of a victim)?; etc.

Conclusions of comprehensive study on non-punishment clause may be taken into consideration by policy makers (legislator) as an valid argument in searching for an appropriate balance between fundamental principles of domestic legal system (proportionality, legality etc.) and requirement that arise under treaty law to treat those who were subjected to THB as a victims, not criminals.

Davor Derenčinović
Maja Munivrana Vajda
Marta Dragičević Prtenjača
Aleksandar Maršavelski
Vanda Božić

From 1st to 4th month of the project

From 9th-12th month of the project

4. Analysis of Dysfunctional Moments in Prosecuting and Adjudicating THB Offences and Sentencing of Traffickers

The comprehensive research study will focus on providing an explanation on whether the low number of persons apprehended, prosecuted and convicted for THB is due to the complex nature of the crime, law enforcement and prosecution conformity and/or inertia, difficulties in procuring evidence etc. This study will also include comprehensive elaboration on opinio iuris, relevant state practice concerning definition of THB for the prosecution purposes as well as the case law of Croatian courts including the sentencing policy.

The conclusion of comprehensive research study on causes of low numbers of traffickers apprehended, prosecuted and convicted for THB and internationally recognized definition of THB, can help in encouraging proactive approach of the law enforcement and prosecution as well as to reinforce deterrent effect of criminal legislation.

Davor Derenčinović
Leo Cvitanović
Maja Munivrana Vajda
Marta Dragičević Prtenjača
Sunčana Roksandić Vidlička
Željka Burić
Vanda Božić

From 25th to 28th month of the project

From 33th to 36th month of the project

 

5. Prosecuting THB as a Crime against Humanity

The International Criminal Court’s (ICC) potential treatment of trafficking as a crime against humanity remains questionable. While the Rome Statute’s reference to human trafficking may seem clear on its face, allegations of human trafficking have not yet been brought to the ICC. Therefore, this segment of the project will analyze to what extent human trafficking may be characterized as a crime against humanity and what avenues the ICC could take in investigating and prosecuting this heinous crime.

Development of legal standards for exercising ICC jurisdiction (as well as jurisdiction of national courts) over THB as a crime against humanity.

Davor Derenčinović
Maja Munivrana Vajda
Sunčana Roksandić Vidlička
Vanda Božić

From 25th to 28th month of the project

From 33th to 36th month of the project

 

6. Improvement of Legal and Institutional Framework for Identification of Victims and Granting Temporary Residence Permits

Research analysis would encompass the Foreigners Act, Surveillance of the State Border Act and Protocol on Identification, Assistance and Protection of Victims of Human Trafficking provisions governing identification procedures, standard operating procedures at the border, issuing temporary residence permits to victims and training of relevant professionals.

Development of new screening procedures for identification of victims and improvement of legal and institutional framework that regulate granting temporary residence permits to victims.

Marko Šikić
Frane Staničić
Lana Ofak
Mateja Crnković
Marko Turudić
Sanja Milivojević
Vanda Božić

From 25th to 28th month of the project

From 33th to 36th month of the project

 

7. Preventing THB through Enhanced Protection of Refugees, Illegal Immigrants and Migrant Workers

The study will address following issues: asylum proceedings in Croatian legislation and practice and its relevance for prevention of THB; Under what circumstances could re-trafficking of the victim upon his/her return to the country of origin amount to persecution? Amelioration of the status of refugees physically present in an asylum state – the role of UNHCR and states in the interpretation and application of international refugee law; Can an illegal immigrant become a refugee sur place and can a refugee become an illegal immigrant? In addition, targeted training of civil servants involved in asylum proceedings will be carried out.

Development of risk assessment criteria that would reduce the risk of re-trafficking and/or persecution of the victim upon his/her return to the country of origin as well as setting up measures and policies that would keep refugees, asylum seekers and migrant workers away from influence of traffickers.

Davorin Lapaš
Marko Šikić
Frane Staničić
Lana Ofak
Mateja Crnković
Marko Turudić
Sanja Milivojević
Vanda Božić

From 37th to 40th month of the project

From 45th to 48th month of the project