Greek policy on trafficking in human beings

Greece has ratified the three fundamental legal instruments against THB: 1.The UN Convention against Transnational Organized Crime and its Protocols – the “Palermo Protocol”: Law 3875/2010 (158/Α΄/2010) 2. The Transposition of the 2011/36/EU Directive with the Law 4198/2013 (215/A΄/2013). The new Law establishes the Office of the National Rapporteur (MFA) and gives an official mandate of accountability to the informal Coordination Mechanism of competent Ministries, International Organisations and accredited NGO’s. This is promoting a better cooperation between the competent authorities and stakeholders, and facilitates the “national ownership” of internationally recognized 'best' practices” for combating THB. 3.The Council of Europe Convention on Action against Trafficking in Human Beings with the Law 4216/2013 (266/A΄/2013) Trafficking in human beings includes three components: an action (“the recruitment, transportation, transfer, harboring or receipt of persons”); the use of certain means (“threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person”) and the purpose of exploitation (“at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs”). In the case of children, pursuant to Article 4(c) of the Convention, it is irrelevant whether the means referred to above have been used. In Greece, THB is criminalised through two separate provisions of the Criminal Code (CC), Article 323A and Article 351, as follows: Article 323A “1. A person who, by the use of force, threat of force or other coercive means, or by imposition or abuse of power, or by abduction, recruits, transports, transfers inside or outside the territory of the country, retains, harbours, delivers with or without a benefit a person to another person, or receives a person, with the purpose of removing cells, tissues or organs of a person or exploiting the labour or begging or forced marriage thereof, shall be punished by a maximum penalty of 10 years’ imprisonment and by a fine of ten thousand to fifty thousand euros. 2. The perpetrator shall be punishable according to the penalties stipulated in the previous paragraph if, in order to achieve the same goal, he/she achieves the consent of a person by fraudulent means or deceives this person by exploiting his/her position of vulnerability by making promises, gifts, payments or giving other benefits. 3. A person who knowingly accepts the labour of a person who is under the conditions described in paragraphs 1 and 2 is liable to a penalty of at least six months’ imprisonment

4. The perpetrator in accordance with the previous paragraphs shall be punished by a penalty of at least 10 years of imprisonment and a fine of fifty thousand to one hundred thousand euros, if the act: (a) is against a minor or a physically or mentally disabled person, (b) is carried out in a repetitive manner, (c) is committed by an official who during the performance of their duty or by abuse of power commits or participates in any manner in the act, or (d) had as a result a particularly grave injury or exposed the life of the victim to great danger. 5. A person who uses any of the means listed in paragraphs 1 and 2 in order to recruit a minor for use in an armed conflict shall be punishable by a penalty of at least 10 years’ imprisonment and a fine of fifty thousand to one hundred thousand euros. 6. The perpetrator shall be punished by life imprisonment if the offence resulted in the person’s death.” Article 351 1. A person who, by the use of force, threat of force or other coercive means, or by imposition or abuse of power, or by abduction, recruits, transports or transfers within or outside the country’s territory, retains, harbours, delivers with or without benefit a person to another person or receives a person from another person with the purpose of sexual exploitation either by himself or by another person, shall be punished by a maximum penalty of 10 years’ imprisonment and a fine of ten thousand to fifty thousand euros. 2. The perpetrator shall be punishable according to the penalties stipulated in the previous paragraph, if, in order to achieve the same goal, he/she achieves the consent of the person by fraudulent means or deceives them by exploiting their position of vulnerability by making promises, gifts, payments or giving other benefits. 3. Any person who knowingly performs a sexual act with a person who is under the conditions described in paragraphs 1 and 2 shall be punished by a penalty of at least six months’ imprisonment. 4. The perpetrator in accordance with the previous paragraphs shall be punished by a penalty of at least 10 years’ imprisonment and a fine of fifty thousand to one hundred thousand euros, provided that the act: (a) is against a minor or is linked to the mental deficiency of the person, (b) was committed by one of the persons referred to in Article 349(2)(c), (c) is linked to the illegal entry, stay or exit of the victim from the country, (d) is carried out in a repetitive manner, (e) is committed by an official who, while on duty or by abuse of power commits or participates in any manner in the act, or (f) had as a result the grave bodily injury of the victim. 5. If any of the acts of the first and second paragraphs had as a result the death of the victim, life sentence shall be imposed. 6. Sexual exploitation in the meaning of the previous paragraphs consists in committing sexual acts for profit or using the body, voice or image of a person for the actual or virtual commission of such acts or for the supply of labour or services for sexual arousal
Assessment of trends and developments Greece is predominantly a country of destination and transit of victims of trafficking in human beings, but to a certain degree also a country of origin. THB victims