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UNCLAS SECTION 01 OF 12 PARIS 000196
SIPDIS
DEPARTMENT FOR G/TIP (JENNIFER DONNELLY), G (LAURA PENA),
EUR/PGI (JODY BUCKNEBERG), INL, DRL, PRM
E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
KMCA, FR
SUBJECT: FRANCE: INPUT FOR THE 2010 TRAFFICKING IN PERSONS
REPORT (PART 1 OF 3)
REF: STATE 2094
PARIS 00000196 001.8 OF 012
1. (SBU) SUMMARY: During the reporting period, France
continued to show a strong commitment to combating
trafficking in persons by maintaining and improving upon
active political, legal, and social mechanisms to eliminate
human trafficking. As demonstrated by the work of its
inter-ministerial commission and the Office for the
Suppression of Trafficking in Persons (OCRTEH), the
Government of France (GOF) places a high priority on fighting
trafficking in persons and coordinates its efforts with local
governments, international law enforcement agencies, source
countries, EU partners, associations, webmasters, and
non-governmental organizations (NGOs). During the reporting
period, France took significant steps to dismantle
trafficking networks, assist victims, better prosecute
perpetrators, and prevent future trafficking with
informational campaigns to reduce the demand for commercial
sex acts. The following is input from Embassy Paris for the
tenth annual Trafficking in Persons (TIP) Report. Post will
provide an update via septel to incorporate any additional
legal and judicial data made available from the Ministry of
Interior. END SUMMARY.
FRANCE'S TIP SITUATION
----------------------
2. (SBU) Responses are keyed to reporting questions
specified in paragraph 25 of reftel.
What is (are) the source(s) of available information on human
trafficking? What plans are in place (if any) to undertake
further documentation of human trafficking? How reliable are
these sources?
-- A. The primary source of available information on human
trafficking in France is from the Ministry of Interior's
Central Office for the Suppression of Trafficking in Persons
(OCRTEH), which takes the lead in anti-trafficking
enforcement. Under the authority of the Central Directorate
of the Judicial Police (DCPJ) of the Director General of the
National Police (DGPN), the OCRTEH centralizes information
and coordinates all operations to counter human trafficking,
while maintaining contact with local police, the gendarmerie,
the border police, foreign and international law enforcement
authorities, the judiciary, and NGOs. France established an
inter-ministerial commission to combat trafficking in
December 2008, which meets once a month and includes the
Ministry of Interior (MOI), the Ministry of Justice (MOJ),
the Ministry of Foreign Affairs (MFA), the Ministry of Social
Affairs and Employment, the Ministry of Immigration, the
OCRTEH, the Central Office for the Fight Against Undocumented
Labor (OCLTI), international organizations, and
non-governmental organizations (NGOs). The OCLTI is an
investigative body reporting to the Sub-Directorate of
Judicial Police (SDPJ) of the Directorate General of the
National Gendarmerie (DGGN), which investigates illegal
employment punishable under the Labor Code. The OCLTI
focuses on fighting crimes related to illegal work in all
forms, including offenses involving forced labor and working
conditions incompatible with human dignity. The OCRTEH and
the OCLTI primarily coordinate with several other law
enforcement agencies and the Ministry of Justice to counter
forced labor and modern slavery issues in France and its
territories. The OCRTEH figures, the data from the OCLTI,
and the Ministry of Justice statistics are reliable.
However, official French data on trafficking in persons is
not released by the Ministry of Interior until the end of
March. As such, parts of this reporting cable relies on 2008
data, unless where otherwise noted.
Is the country a country of origin, transit, and/or
destination for men, women, or children subjected to
conditions of commercial sexual exploitation, forced or
bonded labor, or other slave-like conditions? Are citizens
or residents of the country subjected to such trafficking
conditions within the country? If so, does this internal
trafficking occur in territory outside of the government's
control (e.g. in a civil war situation)? From where are
people recruited or from where do they migrate prior to being
subjected to these exploitative conditions? To what other
countries are people trafficked and for what purposes?
Provide, where possible, numbers or estimates for each group
of trafficking victims. Have there been any changes in the
TIP situation since the last TIP Report (e.g. changes in
destinations)?
PARIS 00000196 002.8 OF 012
-- B. France remains a destination country for women, men,
and children subjected to conditions of commercial sexual
exploitation and forced labor. France is not a country of
origin for trafficking and is generally not a transit
country. The problem of trafficking in persons in France
consists mainly of women trafficked for prostitution from
Eastern Europe (Romania and Bulgaria), West Africa (Nigeria,
Cameroon, and Ghana), to a lesser degree from the Caribbean
and South America (Brazil), and increasingly Asia (China and
Southeast Asia). Men are trafficked for the purpose of
forced labor and young girls for domestic servitude and
commercial sex. There are reports from NGOs that French
Guiana is a destination for women and children trafficked
from neighboring Brazil for sexual and labor exploitation but
official investigations have yet to substantiate the claims.
The OCRTEH estimates that there are approximately 18,000
prostitutes in France, of which as many as 90 percent or
about 16,000 are foreign nationals and likely forced into the
sex trade by trafficking networks. In 2008, the Government
of France officially identified 822 victims of trafficking,
of which 788 were women. Over 76 percent of the female
victims were foreign nationals, with 34 percent coming from
Eastern Europe or the Balkans and 25 percent from Africa.
There have been no significant changes in the TIP situation
in trafficked persons to France since the last TIP report.
To what kind of conditions are the trafficking victims
subjected?
-- C. The director of OCRTEH Jean-Marc Souvira reported that
victims are subjected to conditions that vary widely in
France, where they are trafficked onto the street, into
private apartments, massage parlors, or into luxury brothels
for purposes of prostitution. Increasingly, traffickers also
use internet websites to prostitute victims, allowing for the
on-line reservation of services for private suites and hotel
rooms.
Vulnerability to TIP: Are certain groups of persons more at
risk of human trafficking (e.g. women and children, boys
versus girls, certain ethnic groups, refugees, IDPs, etc.)?
If so, please specify the type of exploitation for which
these groups are most at risk (e.g., girls are more at risk
of domestic servitude than boys).
-- D. The problem of trafficking in persons in France
consists mainly of women trafficked for prostitution. While
the majority of trafficking victims in France are brought to
work in the sex trade, clandestine forced labor consisting
primarily of young women and girls as domestic workers also
exists. As victims of domestic slavery face unsuitable
living conditions and problems of restriction of movement
that keep them from easily being identified, the Committee
Against Modern Slavery (CCEM) finds it difficult to estimate
the number of victims in France. However, 216 cases of
modern slavery were reported to CCEM in 2009, of which 120
victims were placed under protective custody. Since its
founding in 1994, CCEM has assisted over 500 victims, of
which a majority are African, approximately 90 percent are
women, and nearly 30 percent arrived in France as minors. In
cases regarding children under 16 years of age, the CCEM is
often contacted by concerned neighbors or social services to
alert them of the minor victims. The CCEM also reported that
the "employers" of forced labor have been in many cases
diplomats serving in France and enjoying diplomatic immunity
from prosecution. In particular, the CCEM noted that the
Saudi Arabian diplomatic community has often violated French
labor laws. In 2009, CCEM reported that ten percent of the
cases of modern slavery involved diplomats as employers, up
from eight percent in 2008. According to official estimates
from the Ministry for Family and Solidarity, between 6,000
and 10,000 children are victims of sexual exploitation in
France, trafficked from Romania, West Africa, and North
Africa. France is also a destination country for trafficked
Romanian children, many of Romani descent that children
traditionally have been used by their handlers as beggars and
thieves throughout the country. Many of these children
increasingly turned to or were forced into prostitution.
France has also seen cases of young men and boys crossing
from North Africa into southern France trafficked for the
purpose forced labor in agriculture and construction,
according to the CCEM. Delphine Dewailly, Ministry of
Justice deputy director for the Office of Specialized
Criminal Justice, reported that her office had heard of cases
of modern slavery that were occurring in French Guiana,
particularly at gold mining sites. She commented that the
PARIS 00000196 003.8 OF 012
GOF would need to further investigate the reports,
representing the first government official to publicly
acknowledge the cases of trafficking in French Guiana. There
have also been increasing press reports that Chinese migrant
workers have been trafficked as forced labor to French
Guiana.
Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business
people? Small or family-based crime groups? Large
international organized crime syndicates? What methods are
used to gain direct access to victims? For example, are the
traffickers recruiting victims through lucrative job offers?
Are victims sold by their families, or approached by friends
of friends? Are victims "self-presenting" (approaching the
exploiter without the involvement of a recruiter or
transporter)? If recruitment or transportation is involved,
what methods are used to recruit or transport victims (e.g.,
are false documents being used)? Are employment, travel, and
tourism agencies or marriage brokers involved with or
fronting for traffickers or crime groups to traffic
individuals?
-- E. The majority of trafficking victims are brought into
France illegally and are often exploited by large,
well-organized, international criminal groups. The OCRTEH
described the trafficking networks in France as controlled
primarily by Bulgarians, Nigerians, and Cameroonians, with
very rare instances of French networks. Traffickers used
methods ranging from the confiscation of the victim's
identification papers to cultural isolation to physical or
psychological abuse. Some victims came to France as a result
of fraud or force, while others had worked as prostitutes in
their home countries and were willing to continue the
practice to pay for their immigration papers. Some women and
girls were kidnapped or "bought" and then sold at auction to
prostitution networks in the Balkans before being smuggled
into the country. Souvira reported that victims are
subjected to prostitution methods that vary according to the
network and the nationality of the women involved. He
characterized visible examples of prostitution on the street
as the work of Romanian and Bulgarian networks from the
regions of Varna and Sofia, who exploit the Roma and charge
30 or 40 euros ($41 or $55) per hour. Souvira described most
of the large African trafficking networks as led by
Nigerians, who recruit young girls and send them to the
streets of Europe to work as prostitutes. He noted that
Ghanaian networks are primarily run by families and young
girls are sold by their parents in the hopes of receiving the
profits from the prostitution. He stated that the second and
more discreet type of prostitution in France involves the use
of private apartments, hotels, and luxury brothels, where
girls are moved from town to town by Russian, Belarussian,
Albanian, and Bulgarian pimps, who charge 300 to 400 euros
($411 to $548) per hour. Souvira acknowledged the rise in
Chinese prostitution in France, describing the human
trafficking as controlled by Chinese organized criminals that
smuggle immigrants illegally into the country for an
ostensible better life. Young Chinese women work for Asian
restaurants and workshops throughout France but are forced
into prostitution in massage parlors to repay the debt of
their passage into the country. Souvira commented that the
language barrier made it difficult for the OCRTEH to
infiltrate Mandarin speaking networks and for Chinese victims
to seek assistance. According to Souvira, the third most
common method involves the false recruitment of girls via
modeling agencies that distribute headshot books to wealthy
clients for the reservation of prostitution services. In
addition, many trafficking victims are in the country legally
as France does not require visas for visitors from EU member
states Romania or Bulgaria for visits of less than 90 days.
As two of the largest source country nationals do not require
visas and immigration and border controls can be porous under
the Schengen Accords, it is relatively easy for traffickers
and victims to enter France undetected. A large part of
metropolitan French border-monitoring has been subsumed to
the Schengen Treaty border control, which covers all French
land borders and some of its air traffic as well. Persons
arriving by air, train, or car from other Schengen member
countries, such as Belgium, Switzerland, Spain, Italy,
Germany, and Luxembourg, are not subject to immigration
inspection when they enter France. Although French
coordination on trafficking with other EU countries is
strong, open borders among Schengen members of the EU hinder
France's pro-active approach.
PARIS 00000196 004.14 OF 012
SETTING THE SCENE FOR FRANCE'S ANTI-TIP EFFORTS
--------------------------------------------- --
3. (SBU) Responses are keyed to reporting questions specified
in paragraphs 26 of reftel.
Does the government acknowledge that human trafficking is a
problem in the country? If not, why not?
-- A. France recognizes that trafficking in persons is a
serious problem and actively works to combat it. In 2008,
France ratified the EU Convention on Action Against
Trafficking in Persons, the first legally binding
international instrument that addresses TIP in a
comprehensive manner, and modified the French
anti-trafficking law to better prosecute forced labor
violations. The GOF has also ratified the following
instruments: the ILO Convention No. 182 on the Worst Forms of
Child Labor in 2001, the Convention on the Rights of the
Child (CRC) in 1990, the Optional Protocol on the Sale of
Children, Child Prostitution, and Child Pornography in 2003,
and the Protocol to Prevent, Suppress, and Punish Trafficking
in Persons, Especially Women and Children in 2002. The GOF
also funds anti-trafficking and anti-sex trade awareness
campaigns in association with NGOs.
Which government agencies are involved in efforts to combat
sex and labor trafficking - including forced labor - and,
which agency, if any, has the lead in these efforts?
-- B. France's inter-ministerial commission to combat
trafficking in persons includes the OCRTEH and OCLTI under
the direction of the Ministry of Interior. Head of the
national anti-trafficking effort, the OCRTEH coordinates its
efforts with several government ministries, including
Interior, Justice, Education, Tourism, Health and Solidarity,
Foreign Affairs, and Employment/Social Cohesion/Lodging. The
OCRTEH also has strong ties with the anti-pimping brigade of
the Paris police. The OCRTEH is the operational and
political focal point for French anti-trafficking efforts as
police units all over the country turn their cases over to
OCRTEH if they are found to involve trafficking. In
addition, OCRTEH serves as the designated clearing house for
inquiries on trafficking issues and the head of the OCRTEH
testifies before the legislature on trafficking questions.
What are the limitations on the government's ability to
address these problems in practice? For example, is funding
for police or other institutions inadequate? Is overall
corruption a problem? Does the government lack the resources
to aid victims?
-- C. There was no evidence of governmental limitations to
addressing trafficking in persons in France. There were no
reports of government corruption in this area during the
reporting period.
To what extent does the government systematically monitor its
anti-trafficking efforts (on all fronts -- prosecution,
victim protection, and prevention) and periodically make
available, publicly or privately and directly or through
regional/international organizations, its assessments of
these anti-trafficking efforts?
-- D. Systematic monitoring and the assessment of
anti-trafficking efforts on all fronts to include
prosecution, victim protection, and prevention on behalf of
the French government are led by OCRTEH. The OCRTEH releases
official data on trafficking in persons and prostitution via
restricted, internal report to the Ministry of Interior in
late March every year. Post anticipates that the GOF will
provide the Embassy with a white paper providing more
detailed information on TIP-related arrests and the number of
trafficking victims identified during the reporting period in
April.
What measures has the government taken to establish the
identity of local populations, including birth registration,
citizenship, and nationality?
-- E. The GOF does not collect ethnic data on its citizens or
immigrants and does not officially recognize racial
differences among the population. As such, there is no
national database which reflects the birth registration,
citizenship, or national of the local population. In
addition, French-EU immigration laws make the
pre-identification of victims difficult. Government efforts
to prevent and monitor such criminal activity were made more
difficult by the open borders under the Schengen Accords. As
PARIS 00000196 005.8 OF 012
EU citizens, foreign nationals from primary source countries
like Romania and Bulgaria no longer require visas to enter
France and enjoy the freedom of movement and the right to
work in all other EU member states.
To what extent is the government capable of gathering the
data required for an in-depth assessment of law enforcement
efforts? Where are the gaps? Are there any ways to work
around these gaps?
-- F. The government has shown itself to be capable of
gathering the data required for an in-depth, internal
assessment of law enforcement efforts. However, since many
prosecutors apply anti-pimping rather than anti-trafficking
laws to prosecute traffickers, the assessment of trafficking
from arrest data remains an exercise in inference as it is
difficult to disaggregate data. Recent government
initiatives to encourage the application of anti-trafficking
laws rather than anti-pimping statutes may allow the GOF to
work around this gap. In addition, Souvira described the
official implementation of an html version of the national
police database in 2009 as allowing for greater distribution
and sharing of trafficking-related information among law
enforcement agencies throughout France.
INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------------------------------------
4. (SBU) Responses are keyed to reporting questions specified
in paragraphs 27 of reftel.
Existing Laws against TIP: Does the country have a law or
laws specifically prohibiting trafficking in persons -- both
sexual exploitation and labor? If so, please specifically
cite the name of the law(s) and its date of enactment and
provide the exact language (actual copies preferable) of the
TIP provisions. Please provide a full inventory of
trafficking laws, including non-criminal statutes that allow
for civil penalties against alleged trafficking crimes (e.g.,
civil forfeiture laws and laws against illegal debt). Does
the law(s) cover both internal and transnational forms of
trafficking? If not, under what other laws can traffickers
be prosecuted? For example, are there laws against slavery
or the exploitation of prostitution by means of force, fraud,
or coercion? Are these other laws being used in trafficking
cases?
-- A. Prostitution in France is legal; however, pimping and
soliciting are illegal. The legal minimum age for sexual
consent is 15 years. France has specific laws to prohibit
trafficking in persons and other activities related to sexual
and labor exploitation. The GOF generally applied these laws
in practice and laws specifically against pimping are
strictly enforced. Having ratified the Council of Europe
Convention on Action Against Trafficking in Persons in 2008,
the text obligates France to prevent trafficking, aid
victims, and bring traffickers to justice. France prohibits
trafficking for both sexual and labor exploitation through a
2003 addition, and 2007 revision, to its criminal code.
Article 225-4-1 of the criminal and penal code is the main
piece of legislation that penalizes trafficking in persons
and prescribes penalties that are sufficiently stringent and
can exceed those for rape depending on the specific human
trafficking offense. French prosecutors have historically
favored the use of anti-pimping statutes (articles 225-5
through 225-12) instead of the anti-trafficking statue due to
a lack of experience in applying the newer, anti-trafficking
section of the law. The penalties under the anti-pimping
laws are essentially identical to those prescribed under the
anti-trafficking law. However, on January 13, 2009, the
Supreme Court expanded the rarely used anti-trafficking law
or article 225-4-1 of the Penal Code to include the
definition of "forced labor" as not exclusive to other
qualifications (pimping, exploitation of begging, inhumane
working and living conditions). In so doing, the change
provided specific rights to victims and encouraged
prosecutors to apply and enforce the law more widely.
Anti-Trafficking Law: Article 225-4-1
-------------------------------------
Inserted by Act no. 2003-239 on March 18, 2003, article
225-4-1 of the law states, "Human trafficking is the
recruitment, transport, transfer, accommodation, or reception
of a person in exchange for remuneration or any other benefit
or for the promise of remuneration or any other benefit, in
order to put an individual at the disposal of a third party,
where identified or not, so as to permit the commission
PARIS 00000196 006.9 OF 012
against that person of offenses of pimping, sexual assault or
attack, exploitation for begging, or the imposition of living
or working conditions inconsistent with human dignity, or to
force this person to commit any felony or misdemeanor."
Article 225-4-2
The offense under article 225-4-1 is punishable by up to
10 years' imprisonment and by a fine of 1,500,000 euros
($2,055,000) when it is committed:
1. Against a minor;
2. Against a person whose particular vulnerability due to
age, sickness, infirmity, to a physical or psychological
disability, or to pregnancy, is apparent or known to the
perpetrator;
3. Against two or more people;
4. Against a person who is outside the territory of the
French Republic or upon his arrival on the territory of the
French Republic;
5. When the person has been brought into contact with the
perpetrator through the use of a telecommunications network
for the distribution of messages to a non-specified audience;
6. In circumstances which directly expose the person
against whom the offense is committed to the immediate risk
of death or of injuries of a nature to cause mutilation or a
permanent disability;
7. With the use of threats, constraints, violence or
fraudulent behavior against the party concerned, his family
or someone who has a regular relationship with him;
8. By a legitimate, natural or adoptive ascendant of the
victim of the offense provided for by article 225-4-1 or by a
person holding authority over him or who misuses the
authority conferred by his position;
9. By a person whose post requires him to participate in
the fight against human trafficking or to uphold public order.
Article 225-4-3
When it is committed by an organized gang, the offense
provided for by article 225-4-1 is punishable by up to 20
years' imprisonment and by a fine of 3,000,000 euros
($4,110,000).
Article 225-4-4
The offense provided for by article 224-4-1, when
committed with recourse to torture or acts of barbarity, is
punishable by up to life imprisonment and by a fine of
4,500,000 euros ($6,165,000).
Article 225-4-5
When the felony or misdemeanor committed or to be
committed against the victim of the offense of human
trafficking is punishable by a custodial sentence longer than
the prison sentence applicable under articles 225-4-1 to
225-4-3, the human trafficking offense is punishable by
sentences applicable to the felonies or misdemeanors of which
the perpetrator was aware, and if this felony or misdemeanor
is accompanied by aggravating circumstances, by the penalties
applicable only to the aggravating circumstances of which the
perpetrator had knowledge.
Article 225-4-6
Legal persons can be declared criminally responsible,
under the provisions of article 121-2, for the offenses
provided for in the present section. The penalties incurred
by legal persons are:
1. A fine, subject to the terms of article 131-38;
2. The penalties mentioned by article 131-39.
Article 225-4-7
Attempt to commit the offenses provided for by the present
section is punished by the same penalties.
Article 225-4-8
Being unable to account for resources corresponding to
one's lifestyle while being in close contact with one or more
victims or perpetrators of the offenses provided for by
articles 225-4-1 to 225-4-6 is punishable by up to seven
years' imprisonment and by a fine of 750,000 euros
($1,027,500).
Article 225-4-9
Any person who has attempted to commit the offenses
outlined in the present section is exempted from punishment
if, having alerted the judicial or administrative
authorities, he has prevented the offense from being carried
PARIS 00000196 007.8 OF 012
out, and, where relevant, has enabled the other perpetrators
or accomplices to be identified.
The prison sentence incurred by the perpetrator of or the
accomplice to the offense is reduced by half if, by alerting
the legal or administrative authorities, he has enabled the
offense to be stopped or has prevented the offense resulting
in loss of life or permanent disability and, where relevant,
has identified the other perpetrators or accomplices. Where
the sentence incurred is imprisonment for life, this is
reduced to twenty years' imprisonment.
Anti-Pimping/Anti-Soliciting Laws
---------------------------------
Article 225-5
Pimping is where any person, in whatsoever manner:
1. Helps, assist or protects the prostitution of others;
2. Makes a profit out of the prostitution of others,
shares the proceeds of it or receives income from a person
engaging habitually in prostitution;
3. Hires, trains or corrupts a person with a view to
prostitution or exercises on such a person pressure to
practice prostitution or to continue doing so.
Pimping is punishable by up to 7 years' imprisonment and a
fine of 150,000 euros ($205,500).
Article 225-6
The following acts committed by any person and in whatever
manner are assimilated to pimping and are punished by the
penalties set out under article 225-5:
1. Acting as an intermediary between two persons one of
whom is engaged in prostitution and the other exploits or
remunerates the prostitution of others;
2. Facilitating the justification of a procurer's
fictitious resources;
3. Being unable to account for an income compatible with
one's lifestyle while living with a person habitually engaged
in prostitution or while entertaining a habitual relationship
with one or more persons engaging in prostitution;
4. Obstructing operations of prevention, control,
assistance or re-education undertaken by institutions
qualified to deal with persons in danger of prostitution or
engaging in prostitution.
Article 225-7
Pimping is punishable by up to ten years' imprisonment and
a fine of 1,500,000 euros ($2,055,000) where it is committed:
1. In respect of a minor;
2. In respect of a person whose particular vulnerability,
due to age, sickness, to a infirmity, a physical or
psychological disability or to pregnancy, is apparent or
known to the offender;
3. In respect of two or more persons;
4. In respect of a person who was incited to engage in
prostitution either outside the territory of the French
Republic, or upon arrival on the territory of the French
Republic;
5. By a legitimate, natural or adoptive ascendant of the
person engaged in prostitution or by a person holding
authority over him or who misuses the authority conferred on
him by his position;
6. By a person called upon to take part, by virtue of his
position, in the fight against prostitution, in the
protection of health or in the keeping of the public peace;
7. By a person bearing a weapon;
8. With the use of constraint, violence or fraudulent
behavior;
9. By two or more individuals acting as offenders or
accomplices, although not constituting an organized gang.
10. Through the use of a communications network for the
distribution of messages to a non-specified audience.
The first two paragraphs of article 132-23 governing the
safety period are applicable to the offenses set out under
the present article.
Article 225-7-1
The offense of pimping is punishable by up to fifteen
years' imprisonment and a fine of 3,000,000 euros
($4,110,000) where it is committed against a minor under the
age of fifteen.
Article 225-8
The offense of pimping defined under article 225-7
punishable by up to twenty years' imprisonment and a fine of
3,000,000 euros ($4,110,000) where it is committed by an
PARIS 00000196 008.8 OF 012
organized gang.
The first two paragraphs of article 132-23 governing the
safety period are applicable to the offense set out under the
present article.
Article 225-9
The offense of pimping committed by resorting to torture
or acts of barbarity is punishable up to life imprisonment
and a fine of 4,500,000 euros ($6,165,000).
The first two paragraphs of article 132-23 governing the
safety period are applicable to the offense provided for by
the present article.
Article 225-10
A penalty of up to ten years' imprisonment and a fine of
750,000 euros ($1,027,500) is incurred by anyone who, acting
directly or through an intermediary:
1. Holds, manages, exploits, directs, operates, finances
or contributes to finance a place of prostitution;
2. Holding, managing, exploiting, directing, operating,
financing or contributing to finance any given place open to
the public or used by the public, accepts or habitually
tolerates one or more persons to engage in prostitution
within the premises or their annexes, or solicits clients in
such premises with a view to prostitution;
3. Sells or makes available to one or more persons any
premises or places not open to the public, in the knowledge
that they will there engage in prostitution;
4. Sells, hires, or makes available in any way whatsoever
vehicles of any type to one or more persons knowing that they
will engage in prostitution in them.
The first two paragraphs of article 132-23 governing the
safety period are applicable to the offenses set out under
provisions 1 and 2 of the present article.
Article 225-11
Attempt to commit the misdemeanors set out under the
present section is subject to the same penalties.
Article 225-11-1
Any person who has attempted to commit the offenses
outlined in the present section is exempted from punishment
if, having alerted the judicial or administrative
authorities, he has prevented the offense from being carried
out, and, where relevant, has enabled the other perpetrators
or accomplices to be identified.
The prison sentence incurred by the perpetrator of or the
accomplice to the offense is reduced by half if, by alerting
the legal or administrative authorities, he has enabled the
offense to be stopped or has prevented the offense resulting
in loss of life or permanent disability and, where relevant,
has identified the other perpetrators or accomplices. Where
the sentence incurred is life imprisonment, this is reduced
to twenty years' imprisonment.
Article 225-12
Legal persons may be convicted of the offenses defined by
articles 225-5 to 225-10, pursuant to the conditions set out
under article 121-2.
The penalties incurred by legal persons are:
1. A fine, pursuant to the conditions set out under
article 131-38;
2. The penalties set out under article 131-39.
Article 225-10-1
Publicly soliciting another person by any means, including
passive conduct, with a view to inciting them to engage in
sexual relations in exchange for remuneration or a promise of
remuneration is punished by two months' imprisonment and by a
fine of 3,750 euros ($5,137.50).
Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for the trafficking of
persons for commercial sexual exploitation, including for the
forced prostitution of adults and the prostitution of
children?
-- B. Under Article 225-4-1, human trafficking is punishable
by up to seven years' imprisonment and a fine of 150,000 euro
($205,500) fine. The forced prostitution of a minor is
punishable by up to 10 years' imprisonment and a fine of
1,500,000 euros ($2,055,000). The penalties for pimping and
trafficking are basically identical.
Punishment of Labor Trafficking Offenses: What are the
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prescribed and imposed penalties for labor trafficking
offenses, including all forms of forced labor? If your
country is a source country for labor migrants, do the
government's laws provide for criminal punishment -- i.e.
jail time -- for labor recruiters who engage in recruitment
of workers using knowingly fraudulent or deceptive offers
with the purpose of subjecting workers to compelled service
in the destination country? If your country is a destination
for labor migrants (legal/regular or illegal/irregular), are
there laws punishing employers or labor agents who confiscate
workers' passports or travel documents for the purpose of
labor trafficking, switch contracts without the worker's
consent as a means to keep the worker in a state of compelled
service, or withhold payment of salaries as means of keeping
the worker in a state of compelled service?
-- C. The penalties for trafficking for labor exploitation
are the same as those for trafficking for sexual
exploitation.
What are the prescribed penalties for rape or forcible sexual
assault?
-- D. Article 222-23 of the French penal code defines "any
act of sexual penetration, whatever its nature, committed
against another person by violence, constraint, threat, or
surprise" as rape. The penalty for sexual assault is up to
fifteen years' imprisonment and is comparable to penalties
for aggravated offenses of human trafficking and pimping.
Law Enforcement Statistics: Did the government take legal
action against human trafficking offenders during the
reporting period? If so, provide numbers of investigations,
prosecutions, convictions, and sentences imposed, including
details on plea bargains and fines, if relevant and
available. Please note the number of convicted trafficking
offenders who received suspended sentences and the number who
received only a fine as punishment. Please indicate which
laws were used to investigate, prosecute, convict, and
sentence traffickers. Also, if possible, please disaggregate
numbers of cases by type of TIP (labor vs. commercial sexual
exploitation) and victims (children under 18 years of age vs.
adults). What were the actual punishments imposed on
convicted trafficking offenders? Are they serving the time
sentenced? If not, why not?
-- E. The Ministry of Interior reported 523 prosecutions
under the pimping statute in 2008, consisting of 445 arrests
for pimping and 78 for human trafficking offenses. The
Ministry of Justice reported that 19 sentences were handed
out in 2008 for trafficking offenses, with 15 convictions for
trafficking according to article 225-4-1 for single offenses
of trafficking in human beings, three convictions for article
225-2 and article 225-4 offenses committed against an
individual upon entry into French territory, and one
conviction for violation of article 225-2 and article 225-7
for trafficking committed with threats, coercion, or
violence. The Ministry of Justice reported that 1178
convictions based on other infractions for crimes related to
modern slavery, with 966 convictions for pimping, 117 cases
of subjecting vulnerable individuals to indecent
accommodations and working conditions, 32 convictions for
withholding wages of vulnerable individuals, 26 for aiding in
the unauthorized entry of foreign nationals into France under
inhumane conditions, 26 for the prostitution of minors, and
11 for the exploitation of begging. The OCRTEH also reported
that 23 trafficking networks were dismantled in France in
2008, of which 15 were Eastern European and Balkan networks,
one was Nigerian, four were Latin American, and three were
Asian. Although official statistics on the number of
trafficking networks in France have yet to be released for
2009, the following examples illustrate the dismantlement of
large prostitution rings during the reporting period:
On November 26, 2009, the French police dismantled a Romanian
prostitution ring in Beziers, following a lengthy
investigation and a judicial inquiry dating back to January
2009 by the prosecutor of Beziers. A dozen alleged pimps,
prostitutes, and 17 Romanian girls aged eighteen to
twenty-five years, were arrested. The international network
operated between Romania and France. Residing in Beziers, he
traveled regularly between France and Romania and had seven
accomplices (Romanian, Montenegrin, and Hungarian). The
alleged pimps put girls on the national highway 113, between
Beziers and Pezenas and Beziers and Narbonne. The alleged
pimps were still in custody to date, while the girls were
released.
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On October 24, 2009, France dismantled an extensive
prostitution ring, arresting 35 people and charging eight
Nigerian nationals for aggravated human trafficking and
pimping as well as conspiracy after vast dragnet conducted by
local police uncovered the network, which operated in
Bordeaux, Limoges, and Paris. Claude Laplaud, the chief
prosecutor in Bordeaux, called the eight suspects the
possible "interface between (trafficking in persons) between
France and Africa" and indicated that the case involved "very
young women" and minors. Laplaud reported that the young
women were recruited in Nigeria, where they were promised
work in France as waitresses. Sent to Paris with fake
documents via Abidjan, in a journey that could take over two
years, the women were ultimately forced into prostitution in
Bordeaux or Limoges.
On September 29, 2009, 18 people were arrested in Savoie and
charged with pimping and aggravated human trafficking by an
organized gang. The Chambery Inter-Regional Judicial Police
(DIPJ) indicated that "investigations revealed a highly
organized ring, with girls coming from Germany and oftentimes
passing through Alsace" into France. The young women were
thought to be getting jobs in a bar in Germany. The profits
from the prostitution ring were sent back to Bulgaria.
Does the government provide any specialized training for law
enforcement and immigration officials on identifying and
treating victims of trafficking? Or training on
investigating and prosecuting human trafficking crimes?
Specify whether NGOs, international organizations, and/or the
USG provide specialized training for host government
officials.
-- F. Through the OCRTEH and the Ministry of Social Affairs
and Employment's General Directorate for Social Action
(DGAS), the government continued to fund training programs
for government employees and NGOs during the reporting
period. In cooperation with NGOs, the DGAS and the OCRTEH
train police on identifying victims of trafficking. The CCEM
contacts noted that they developed a course available on DVD
with the Ministry of Interior to help train police officers
identify victims. The French Ministry of Economy, Industry,
and Employment worked with Fondation Scelles to create and
distribute pocket-sized cards to border police and NGOs on
how to correctly identify trafficking victims. The OCRTEH
also provides training for managers and employees of major
hotel groups on suspicious activity that they should report
to police. The OCRTEH works in partnership with the Accor
hotel group, organizing seminars to teach hotel personnel how
to identify cases of trafficking and providing contact
information with the local police. As in previous years, the
OCRTEH trains prosecutors and judges on the use of the
anti-trafficking statute, which was originally written in
2003 and revised in 2007, instead of relying on anti-pimping
laws. France continues to prosecute individuals who violate
French labor practices by abusing or threatening employees or
by withholding wages. Local work inspection offices also
offer advice to employees.
Does the government cooperate with other governments in the
investigation and prosecution of trafficking cases? If
possible, provide the number of cooperative international
investigations on trafficking during the reporting period.
-- G. France works closely with other EU countries and source
countries to combat trafficking. By the end of 2008, the
OCRTEH successfully concluded seven bilateral accords on
internal security with provisions on trafficking in persons
with the following countries: Albania, Croatia, Libya,
Bahrain, Saudi Arabia, Israel, and Mauritius. In 2009,
France continued working on reaching judicial agreements with
Nigeria and Cameroon, two major source countries for
trafficking in persons to France. In October 2008, the
French Ministry of Interior and its Belgium equivalent
created a joint investigation unit to combat human
trafficking, which was the first of its kind within the EU
system. A delegation comprised of senior Jordanian,
Moroccan, and Palestinian law enforcement officials visited
the French police service for a multi-lateral exchange on the
Modane border on October 21, 2009. In cooperation with the
Italian authorities, GOF hosted the exchange on the technical
work of the border police using forgery detection and
identification techniques. On July 24, 2009, the
Franco-Romanian judicial working group was established by
Secretary of State for European Affairs Pierre Lellouche and
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his Romanian counterpart Bogdan Mazuru to "find effective
solutions" and actively investigate and prosecute human
trafficking between the two countries. In further
cooperation with the Government of Romania, two French
experts in the field of fighting human trafficking worked
with the Inspector General of the Romanian Police (IGPR) in
Bucharest from November 9-13, 2009. Police captain Christine
Chassard of OCRTEH and Lieutenant Chantal Bredin of OCLTI, a
close post contact, presented the French perspective and
participated in exchanges with fifteen specialized
investigators of the Directorate for the fight against
organized crime (DCCD) of IGPR.
Does the government extradite persons who are charged with
trafficking in other countries? If so, please provide the
number of traffickers extradited during the reporting period,
and the number of trafficking extraditions pending. In
particular, please report on any pending or concluded
extraditions of trafficking offenders to the United States.
-- H. France extradites persons charged with trafficking to
other countries; however, the extradition process can be long
and cumbersome. Within the European Union, French
authorities prefer to use EU arrest warrants, which can take
up to forty days to execute, do not depend on the examination
of local law, and permit expeditious transfer of custody
among member states. Underscoring that the "new European
legal tools allow for real progress," Souvira highlighted the
advancement of the GOF joint effort with member states,
thanks to the use of the European arrest warrant. As an
example of the success of the cooperation, France used the EU
arrest warrant in October 2009 to secure the extradition of
three Albanian nationals implicated in the smuggling of women
into France as part of a prostitution ring. The traffickers
were arrested by the Spanish police and returned to French
custody after only ten days from the initial arrest. Souvira
judged that the tools for police cooperation in Europe exist
but are hindered by the different laws that exist in
different EU countries. In 2008, 53 individuals subject to
the EU arrest warrant for trafficking-related offenses were
extradited to France by foreign authorities, according to the
OCRTEH. France also extradites French citizens abroad to
face trafficking charges in France.
Is there evidence of government involvement in or tolerance
of trafficking, on a local or institutional level? If so,
please explain in detail.
-- I. There was no evidence of government involvement in or
tolerance of trafficking during the reporting period.
If government officials are involved in human trafficking,
what steps has the government taken to end such complicity?
Please indicate the number of government officials
investigated and prosecuted for involvement in trafficking or
trafficking-related criminal activities during the reporting
period. Have any been convicted? What sentence(s) was
imposed? Please specify if officials received suspended
sentences, or were given a fine, fired, or reassigned to
another position within the government as punishment. Please
indicate the number of convicted officials that received
suspended sentences or received only a fine as punishment.
-- J. There were no reports that government officials were
involved in human trafficking during the reporting period.
For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeeping or other similar mission who engaged in or
facilitated severe forms of trafficking or who exploited
victims of such trafficking.
-- K. France deploys around 13,000 to 16,000 French troops
abroad every year to participate in international
peacekeeping operations. Post has no information of any
French troops deployed abroad for the purpose of supporting
peacekeeping missions that have engaged in or facilitated
severe forms of trafficking.
If the country has an identified problem of child sex
tourists coming to the country, what are the countries of
origin for sex tourists? How many foreign pedophiles did the
government prosecute or deport/extradite to their country of
origin? If your host country's nationals are perpetrators of
child sex tourism, do the country's child sexual abuse laws
have extraterritorial coverage (similar to the U.S. PROTECT
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Act) to allow the prosecution of suspected sex tourists for
crimes committed abroad? If so, how many of the country's
nationals were prosecuted and/or convicted during the
reporting period under the extraterritorial provision(s) for
traveling to other countries to engage in child sex tourism?
-- L. France prosecutes French nationals who travel abroad to
engage in child sexual tourism. French police travel to
child sex destination countries to investigate reports of
child sexual exploitation abroad and to investigate French
nationals suspected of this criminal activity. Of particular
note during the reporting period was the conviction of two
French citizens for child sex tourism. On March 11, 2009,
two French nationals prosecuted for aggravated sex tourism in
Southeast Asia were sentenced to the maximum penalty of seven
years imprisonment by the Criminal Court of Colmar and were
prohibited from leaving French territory for five years.
Jean-Marc Malgarini was fined 70,000 euros ($95,900) and
Robert Chung was fined 50,000 euros ($68,500) for "having
solicited, accepted, or obtained" sex with prostitutes under
15 years old as well as importing and possessing images of
child pornography. The two were also asked to contribute
12,600 euros ($17,262) to the French child protection
associations Themis and Enfance et Partage.
Culture Minister Frederic Mitterrand faced criticism during
the reporting period related to his 2005 literary work, which
included depictions of sexual tourism in Asia. In "The Bad
Life," Mitterrand details the experiences of an unnamed
protagonist with so-called "boys" in the brothels of
Thailand. Facing pressure to resign for engaging in sexual
tourism before he joined the government, Minister of Culture
Frederic Mitterrand stated during an October 8, 2009
television interview that he had never had sex with a minor.
"Each time I was with people who were my age, or were five
years younger," the 62 year-old Mitterrand said, adding: "I
condemn sexual tourism, which is a disgrace. I condemn
pedophilia in which I have never participated in any way."
RIVKIN