Regulations Regarding the Procedures, by Which Victims of the Trafficking in Human Beings Receive Social Rehabilitation Services, and the Criteria for the Recognition of a Person as a Victim of the Trafficking in Human Beings

Issued pursuant to
Section 3, Paragraph two and
Section 13, Paragraph one, Clause 7 of
the Social Services and Social Assistance Law

I. General Provisions

1. This Regulation prescribes the procedures, by which a person who has been recognised a victim of the trafficking in human beings (hereinafter - person) shall receive social rehabilitation services for the State budget funds (hereinafter - services), and the criteria for the recognition of a person as a victim of the trafficking in human beings.

2. The provision of services shall be co-ordinated by the Social Integration State Agency (hereinafter - the Agency). The Agency shall:

2.1. take a decision to provide services or to refuse to provide services if the requirements referred to in this Regulation are not conformed to;

2.2. establish a database of the services provided.

[27 December 2011]

3. Services shall be provided by a provider of services who is registered with the register of social service providers and complies with the requirements laid down in the laws and regulations regarding providers of social services (hereinafter - provider of services).

4. 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 referred to in Paragraph 4.¹ of this Regulation during criminal proceedings.

[11 December 2012]

4.¹ 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 (hereinafter - decision of the 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 (hereinafter - statement of the 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 (hereinafter - support), 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 in accordance with this Regulation.

[11 December 2012]

II. Procedures, by Which Services are Provided to a Person

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

5.1. a written submission of the person or the legal representative thereof to the provider of services;

5.2. 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 (Annex 1), 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 referred to in Paragraph 7 of this Regulation to take a decision that the person complies with the criteria of a victim of the trafficking in human beings.

[27 December 2011; 11 December 2012]

5.¹ A person may receive support on the basis of the following documents:

5.¹ 1. a written submission of the person or his or her legal representative to the provider of services;

5.¹ 2. a copy of the decision of the person directing the proceedings or a statement of the law enforcement authority.

[11 December 2012]

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

6.1. 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;

6.2. if the person has been issued the decision of a person directing the proceedings referred to in Sub-paragraph 5.2 of this Regulation or the statement of a law enforcement authority, such documents and the submission referred to in Sub-paragraph 5.1 of this Regulation shall be sent to the Agency within one working day;

6.3. if the person has not been issued the decision of a person directing the proceedings referred to in Sub-paragraph 5.2 of this Regulation 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 in accordance with Paragraph 8 of this Regulation, as well as taking into account Annex 2, shall be assessed and the person's assessment report shall be drawn up without delay, but not later than within three working days;

6.4. if the person complies with the criteria of a victim of the trafficking in human beings, the person's assessment report and the submission referred to in Sub-paragraph 5.1 of this Regulation shall be sent to the Agency within three working days after assessment of the person;

6.5. 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 referred to in Sub-paragraph 5.1 of this Regulation shall be sent to the Agency within 10 working days after assessment of the person.

[13 October 2009; 27 December 2011; 11 December 2012]

7. 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 (hereinafter - the commission). The commission shall include a social worker, a psychologist, a lawyer, an official of the State Police, as well as, where necessary, other specialists.

[11 December 2012]

8. 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:

8.1. 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;

8.2. 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;

8.3. 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;

8.4. 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.

[11 December 2012]

9. After assessment of a person in accordance with Annex 1 to this Regulation the commission shall draw up a report. It shall be justifiably indicated in the report, taking into account the conditions referred to in Paragraph 8 of this Regulation, whether the person complies with the criteria of a victim of the trafficking in human beings.

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

10.1. on the basis of the submission of a person referred to in Paragraph 5 of this Regulation 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;

10.2. 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;

10.3. on the basis of the submission of a person referred to in Paragraph 5.¹ of this Regulation 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.

[11 December 2012]

10.¹ If during provision of services the provider of services has received information that the person has been recognised a victim or a witness in criminal proceedings regarding trafficking in human beings and he or she needs support, the provider of services shall send the document referred to in Paragraph 5.¹ of this Regulation to the Agency after the end of the course of services.

[11 December 2012]

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

11.1. the person does not comply with the criteria of a victim of the trafficking in human beings;

11.2. the person has not submitted all the documents necessary for the receipt of the service;

11.3. 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 of Sub-paragraph 12.6 of this Regulation.

[11 December 2012]

12. The provision of services or support shall be terminated in the following cases:

12.1. the person has received services and support on the basis of false information provided intentionally;

12.2. the person or his or her legal representative submits a written submission regarding the termination of provision of services and support;

12.3. the person does not comply with or violates the requirements referred to in Sub-paragraph 14.1 of this Regulation;

12.4. the course of service specified for the person has ended;

12.5. the person cannot receive the service and support due to his or her state of health or due to other justifiable reasons;

12.6. criminal proceedings have been terminated, in which the person has been recognised a victim or a witness, if the person is receiving support.

[11 December 2012]

13. If due to the state of health a person must stay in a medical treatment institution for more than a month, the person has been placed in a social care or social rehabilitation institution financed by the State or local government, in a juvenile investigation or correction institution, the provision of services shall be suspended and the provider of services shall inform the Agency thereof.

[11 December 2012]

14. A person has a duty to:

14.1. 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;

14.2. reimburse unduly used funds in the case referred to in Sub-paragraph 12.1 of this Regulation.

15. A person or the legal representative thereof has the right to submit to the provider of services and the Agency proposals and objections in respect of the quality of the received services in accordance with the procedures laid down in law.

[13 October 2009; 27 December 2011]

16. A person may appeal to a court the decision of the Agency to refuse to provide services within one month after entering into effect of the decision.

[13 October 2009; 27 December 2011]

III. Closing Provisions

17. Cabinet Regulation No. 882 of 22 November 2005, Regulations Regarding Procedures by Which Victims of the Trafficking in Human Beings Receive Social Rehabilitation Services, and Requirements for Providers of Social Rehabilitation Services (Latvijas Vēstnesis, 2005, No. 189) is repealed.

18. This Regulation shall come into force on 1 January 2007.

Informative Reference to a European Union Directive

[11 December 2012]

This Regulation contains legal norms arising from Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA.

Prime Minister A. Kalvītis

Acting for the Minister for Welfare,
Minister for Environment R. Vējonis

Annex 1
Cabinet Regulation No. 889
31 October 2006

Person's Assessment Report

1. Person's

given name

surname

personal identity number       -     

Date __________________

Acting for the Minister for Welfare,
Minister for Environment R. Vējonis

Annex 2
Cabinet Regulation No. 889
31 October 2006

[11 December 2012]

Criteria for the Recognition of a Person as a Victim of the Trafficking in Human Beings

In order to specify the compliance of a person with the criteria of a victim of the trafficking in human beings, the commission of specialists shall ascertain the action of the person and assess the activity of the person in the following areas:

1. Migration. The commission shall clarify whether the person (for the person):

1.1. went abroad (or to another region) for a definite purpose or work;

1.2. was recruited;

1.3. was transported;

1.4. was conveyed or received;

1.5. was kidnapped or sold;

1.6. upon arrival in the country of destination, was forced to do other work instead of the work intended or promised beforehand;

1.7. has the identification documents;

1.8. has false documents;

1.9. does not have documents (or they are at the disposal of another person);

1.10. knows the address where he or she resided and worked;

1.11. knows the name of his or her employer;

1.12. had a legal status of immigration;

1.13. had a work permit;

1.14. other persons organised the preparation of the trip and drawing up of the documents and who were these persons, and whether the person was indebted to such persons, or part of income was collected from the person.

2. Employment. The commission shall clarify whether the person (for the person):

2.1. was in debt to his or her employer and a part of the income of such person was collected (for example, for the dwelling, food, transport);

2.2. had an employment contract and what was provided for therein;

2.3. could quit the occupation or change work of his or her free will;

2.4. was deprived of the identification documents;

2.5. was forced to provide sexual services as a part of work duties;

2.6. was employed against his or her own will;

2.7. could freely handle his or her income;

2.8. had to work longer hours per week than had been specified and what were the working conditions (including the remuneration and working hours);

2.9. was supervised in the workplace (guards, closed circuit television, dogs, closed doors) in order to make the escape impossible;

2.10. was dependent on the employer thereof due to the family, kinship, work, rental relationship, indebtedness.

3. Safety. The commission shall clarify whether the person (for the person):

3.1. was intimidated and threatened:

3.1.1. with revenge if he or she contacts the police or turns for help to any other institution;

3.1.2. with revenge if he or she tries to escape or return to the origin country;

3.1.3. that revenge upon the family and relatives of the person will take place, if the person escapes;

3.1.4. with deportation or notification of the relevant institutions if the person tries to escape;

3.2. felt indirect threats seeing that violence was being used against others;

3.3. has visible signs of physical violence or the person had previously suffered from violence;

3.4. was denied the satisfaction of the basic needs of a human being, that is, the person was held without water, food, sleep, medical care or possibilities to satisfy other basic needs.

4. Social ties. The commission shall clarify whether the person:

4.1. was the master of his or her free time;

4.2. was held imprisoned and hidden from the surrounding environment, as well as the person was denied the possibilities of communicating with other people;

4.3. was constantly controlled;

4.4. could freely communicate with his or her relatives and friends (for example, call, write);

4.5. could invite friends;

4.6. permanently lived at the workplace;

4.7. was allowed to stay outside the workplace only in the company of the employer's representative.

5. Objective characteristics. The commission shall clarify whether the person (for the person):

5.1. knows foreign languages;

5.2. has his or her own finances;

5.3. has convincing consequences of physical load or physical abuse seen on the body;

5.4. reluctantly answers questions and/or uses previously prepared, taught answers.

6. Person's self-appraisal. The commission shall clarify whether the person regards that:

6.1. violence was used against him or her;

6.2. he or she has become a victim of the trafficking in human beings;

6.3. he or she needs help and, where needs, - what kind of help;

6.4. he or she is ready to co-operate in the implementation of the rehabilitation plan.

Acting for the Minister for Welfare,
Minister for Environment R. Vējonis

Translation © 2015 Valsts valodas centrs (State Language Centre)