Abstract
Preventing and combating trafficking in human beings represents one of the major tasks today that Western Balkan countries have, because the access right of these countries to this phenomenon, can open or close your path towards the European Union. This is because most people trafficking in most cases is part of organized crime , as a condition for being part of the European Union is to prevent and combat organized crime and also trafficking of human beings . So, successful prevention also is the successful fight of human trafficking. A special importance, prevention of human trafficking, has also reports of the United States of America, which issued for each year, where the U.S. do not merely report only on U.S. territory but also for other countries in the whole world, including the Western Balkan countries and where a part of this report is devoted to the prevention of human trafficking in each of these countries and recommendations for improving the situation on the ground. The purpose of this paper is to present approaches in the Western Balkan countries to prevent human trafficking and approaches of these countries in the issuance and adapting national laws in line with European Union documents. DOI: 10.5901/mjss.2015.v6n2s2p61
Highlights
In Kosovo in regard of protection of victims during a criminal procedure, provisions are foreseen by law on prevention and combat of trafficking in human beings, too, and protection of trafficked victims, in which possibilities are foreseen that in cases when before a court are reviewed issues in relation with acts according to this law, for persons identified as victims, the prosecutor and other authorised parties should request from the court to permit the application of
Criminal Procedure Code of Serbia has foreseen many provisions on protection of witnesses from the beginning of a criminal procedure until its end and regardless if the question is about protection of witnesses, in this case it should be meant protection of victims of the injured, because usually victims are the ones who experienced the consequences of trafficking in human beings and are the most important witnesses in criminal matter, their protection as witnesses means their protection as victims
As regards Albania, it is necessary that the criminal procedure code is amended and needs to include all provisions provided for by codes of Kosovo and Serbia and at the same time provisions which may suit better to the legal - criminal system of Albania and the needs for protection of witnesses and trafficking victims when they appear as witnesses, based on circumstances and conditions which are specific for Albania
Summary
After the evaluation of risk that might threaten the trafficked victims and their family members or evidence itself or other important evidence for criminal procedure, it is necessary to look into taking measures for protection of victims, either when they are only victims, or when they are witness, too, or when they do not want to cooperate at all.Protection of victims is necessary from the moment of victim identification and identification and evaluation of risk, protection of trafficked victims can be divided into three stages, as in the following: pre-trial stage, the stage of the development of regular criminal procedure and the stage after the regular criminal procedure is over.The division of these stages is important for the criminal procedure and for the victim itself, taking into consideration that in these three stages different actions need to be taken for the protection of victims, measures which could be related with the measures of assistance and support to trafficked victims in the aspect of health, shelter, clothing and food.Anyway, according to Law on Prevention and combat against trafficking in human beings and protection of trafficked victims, personal data, private life, victims’ identity of trafficking in human beings is protected by the authorities of law enforcement during the criminal procedure, whereas, registration, maintenance, and using of trafficked victims’ personal data is accomplished in accordance with conditions prescribed by Law on Protection of Personal Data.Regarding this, the compilation of agreement on exchange of information is prescribed between the authorities which deal with the identification and assistance of victim, as well as criminal investigation via respecting in general the protection of personal data and privacy and victims’ safety. All exchanged information between the victim and the professional who provides medical, psychological, juristic, or other assistance services, are confidential and are not exchanged with third persons without the consent of the victim, and in cases when the victim is a child, without the consent of his/her legal representative According to this law, it is prohibited to disclose the data related to state protection measures for victims of trafficking in human being, persons who provide such a protection, as well as persons who provide assistance in combating the trafficking in human beings
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